Posted on 09/13/2006 10:03:11 AM PDT by kiriath_jearim
MONROE -- A burglary suspect is dead after the homeowner opened fire. It happened Monday morning in Waxhaw.
Now, the district attorney is working to figure out if the homeowner was protecting his family or if he was protecting his property.
How the DA’s office answers that question will determine if the shooting was a legal case of self-defense.
Union County deputies arrived at the home on Locklyn Road around 12:30 a.m. Monday. John David Mobley, 38, had been shot. Paramedics tried to save his life, but were unable.
“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t want him on your land and you shoot him.”
She and other family members are questioning why Mobley was killed.
Deputies said Mobley was breaking into some cars that were owned by homeowner Lonny Kirkley. Police said Kirkley grabbed a gun and went outside to investigate.
“At some point Mr. Mobley exited the truck, the homeowner fired one time, striking the subject," said Ben Bailey of the Union County Sheriff’s Department. “The suspect ran, fled the scene and was found about 40 yards away.”
Mobley had just been released from prison a few months ago. He had been arrested for drugs, drug paraphernalia and resisting an officer.
Friends of Mobley said he was no stranger to trouble, but he did often help the elderly with raking leaves and cleaning up around their yards.
While his family recognizes Mobley’s past, they think the homeowner should be prosecuted. Wheeler wants the homeowner to be charged.
“I’m 74-years-old and I want justice,” Wheeler said.
The Kirkley family was not available for comment, but deputies said they were completely cooperative in their investigation.
The DA is waiting on the medical examiner's report to see if Mobley was shot in the back while running away.
That determination is a key piece of evidence because the law does not consider a suspect who
“It’s not worth a life,” said Mobley’s Aunt Mary Wheeler. “It’s like you see a dog and you don’t want him on your land and you shoot him.”
Apparently this is what the dead Mobley depended on for a safe working environment.
I don't give a crap about that kind of a low life who steal and break into people's properties. I personally don't think I would have shot to kill, but then I'm not sure there's a choice. Who knows if he would have survived the guy might have to put up with who knows what lawsuits as the laws of this country are increasingly protecting criminals.
To be honest, I don't see what is so wrong about Islam fanatics chopping off the hands of thieves. If they did that, lowlife scum like this would think twice before breaking into a car or a house.
Now if the guy was in my house in the middle of the night, uninvited and I had a loaded gun, there is no way he would get out alive. I know how to put that piece of lead in his sorry brains. Sorry but I have 3 little girls in there that could easily be harmed or used as hostages, and I am not willing to take the risk of having to live the rest of my life with the thought that I didn't do everything I could to keep them from being harmed.
Apparently he cleaned stuff out of their cars too.
About 15 years ago here in Bucks County a homeowner shot a fleeing burglar (who had been burglarizing a garage) in the back when the burglar was halfway down the street. The DA at the time, Alan Rubenstein, just let it go.
I keep a loaded (230 hydrashocks) Glock G21 for carry, but for the hosue I have a remington 870 12 gage with 7 shots in the tube and 5 on a side saddle. 00 Buckshot 12 pellet magnums.
I thought NC passed a "defense of habitation" law following the Durham circus that ensued when Michael Seagroves shot and killed one of the perps who broke into his garage.
Yes, the only problem with the 12 guage is the mess it will leave. LOL
When I shot something I like it st stay shot. Besides I want to replace the carpet with tile anyway.
Can't anyone read? The thief was not in the house.
From the report: "Kirkley grabbed a gun and went outside."
Neither my Ford nor my Toyota are worth killing over.
I'll send a criminal your way then. I wonder if insurance covers criminal guts damage to the carpets and walls?
What's wrong with that?
I can patch my own drywall, and I can do my own tile work. I once worked in the construction trades.
As for my personal beliefs and values, I feel that the homeowner was justified in his act. Besides, the decedant initiated the act becasue of his unlawful entry upon defendants land. However, without a clear definitoin of statute, I cannot let my personal feelings overule. The second restatement of Torts says that deadly force can be used for defense of property if and only if the actor reasonably believes that the trespasser will casue death or serious odily harm to the actor or a third person in teh actors care unless expelled or exluded by the deadly force of the actor. I know that this deals with the civil side of the law and also is not universally used, however, it is a good example of how many courts will treat this case. Unless it can be found that the homeowner reasonably belived that he had to kill the trespasser in order to protect himself from such a fate, then unfortunately, the homeowner will be held liable. This shoud underscore the fact that we must stand up and ask our legislatures to make statutes that allow for the use of deadly force in more situations than just the home. Justice comes from who and what we vote for, and how well be pressure our states to make changes in statutes that we feel are most just. This is just underscores why the Patriot Act should be permanent forever!!!
Anything other than a center-mass shot if foolish, especially at night, with far too many unknowns. How many people are really good enough with a handgun to try to shoot-to-wound? I am not going for any leg shot, and I am not going for a head shot, it's going in the chest.
I think this homeowner showed restraint by only pulling the trigger once.
Most IT guys cound't spackle a screw hole. LOL
ATF pukes get twitchy.
Precisely.
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