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
Everything you own represent a piece of your life where you worked for the wealth to buy it. When a thief steals something from you he's stealing a part of your life. Now am I going to kill someone over a few hours? Of course not, a few days nope, but when it gets into the months necessary to buy a car then lethal force is the option. Here in GA we have a kill the carjacker law. Were you can kill a carjacker and be immune from criminal or civil prosecution. You are also allowed to carry in your car without a license.
"She and other family members are questioning why Mobley was killed".
Yep you touch my stuff you are a fair game.
I know the guy that shot the burglar. I have sat with him and his family in church. This guy would be called a Jesse Helms Republican and the the one who died was black and probally doing something he has been charged with several times before. Waxhaw Police are not the most responsive to criminal activity. They make thier reports and play along with what the county expects of them.
The problem is Waxhaw is growing faster than the city commishiners can control. Still to the point is that the guy was at the wrong house doing a crime and I believe no charges will be done.
“I’m 74-years-old and I want justice,” Wheeler said
Call me a racist, but every time I hear someone asking for "justice", I know exactly what time it is.....the next line out of their mouth will be something like "he was an honor student (five years ago) and planned on going to college (sometime....maybe)
My prediction....the shooter is in deep doo doo....
The problem is that, although I FEEL like the would-be thief got what he deserved, I THINK the shooting is probably a crime.
If the homeowner shot the departed in the back, while he was running away empty-handed, you can argue the shooting is justified, but you can't argue the homeowner was protecting himself or his family or his property.
You might try to stretch the concept of protecting property to cover pre-emptory protection against the thief's return. But by that reasoning you could shoot on sight any convicted thief.
Where's the argument to justify this shooting that I am missing?
I don't travel out of state. Just a long commute here in NC!
Most cops & Highway Patrol officers here are good about folks carrying weapons in their car, so long as you let them know up front you have one. I had a HP officer pull me over for speeding a few weeks ago (I was listening to a Braves game and not paying attention). When he came up to the car, I had the window down & hands on the wheel & told him I had the 9mm on the seat beside me so he wouldn't see it and think I was going for it when I got the registration out of the glovebox. Anyway, he asked about a CC permit (which I don't have) and I told him I didn't have one, which is why it was on the seat and not in the glovebox. He said "OK, slow it down & have a nice day!". First time I have been let out of a ticket in my life!
Anyway, he, like most cops I know, was fine with a law-abiding citizen having a gun. He knew I wasn't some gang-banger or druggie and he knew where the gun was, so everything was fine.
I need to look into the law mentioned RE: the original topic of this thread. I think the homeowner was well within his rights to give the perp a permanent nap. If the guy came towards him, even outside of his house, I think he was within his rights to shoot. Not 100% sure about that, though.
Do you know if the kid was shot in the back while running away empty-handed?
I have not spoken to Lonnie or the family. I will say that waxhaw is a different place. Its going to be taken care of. I am surprised the DA has not said there where going to be no charges when asked.
In Waxhaw what happens in Waxhaw normally stays in Waxhaw. The crime rate in Waxhaw is low not because there is no crime in Waxhaw.
The piece of my life that is represented by my material objects that are likely to be stolen, are not worth taking another life over. Although I can also carry a weapon, I choose not to, albeit, I cannot carry one to work.
Your choice - everyone has to make that decision for himself.
Correct
"Well, if I should ever see a dog breaking into my car....."
Leave the window down or the door open and my Choc. Lab will break right in. Of course, she wouldn't be looking for loot, she would be hoping for a ride!
Basically, unless the perp was armed or was physically threatening the shooter in some way, this guy is going to be charged with a crime. If the perp had been in his house that would have been another matter.
"Yep you touch my stuff you are a fair game."
So I'd better not ever brush up against your car when you're parked on the street?
If I reasonabley have cause to think you are stealing of vandalising my property under TX law You are fair game.
Problem is that this was outside in the yard, not a house or garage. What will define it for the DA is what happened between when the perp existed the truck and got shot. Did the perp threaten the homeowner in any way?
Illinois is a sad state, completely run by democrats, there's no concealed carry law here whatsoever. That makes my state one of only 4 in the U.S. that doesn't have some form of the law.
My 68 year old brother rides a motorcycle a lot and goes to different states. He told me that he carries a loaded gun in his saddle bag. He didn't even know that it was illegal in Illinois and probably other states where he travels.
I'm with you on that. However if I felt my life was threatened or that of someone else, I would kill in self defence.
Everybody here is entitled to their own opinions in the matter but to me burglary shouldn't carry a death penalty.
I won't answer rebuttals, I'm out numbered about 99 to 1 here.
I agree, nothing in this story appears life-threatening though.
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