Posted on 02/14/2007 9:23:54 AM PST by CedarDave
Joseph Page was asleep in bed in his Santa Rosa home when he heard glass shatter, feared someone was breaking in and got his shotgun to defend himself, his lawyer said Tuesday.
Page, in jail on a $1-million cash bond on two counts of murder in the deaths of two young women, was a victim of a group of kids trespassing and scaring him in the dark— not a murderer, said Assistant Public Defender Lelia Hood.
.... This is a horrible, horrible tragedy," Hood said. "But what are people supposed to do if someone is coming into their home and they're about to be attacked and burglarized? It was dark, he was alone, the window glass broke and he was defending his own home."
Hood described Page, a 55-year-old yard man, as a "Boo Radley character" referencing the misunderstood gentle giant in "To Kill A Mockingbird."
Hood asked the court that Page to be evaluated for his mental competency to stand trial. Magistrate Judge James Moncayo of Santa Rosa granted the motion. Page was a lifelong resident of Santa Rosa who had no criminal record ...
Page told police he shot Yvonne Gallegos, 20, at his home Saturday night as she was breaking in through his window. He then walked outside his home and fired two shots that hit 18-year-old Tenika Dodge, police said.
Gallegos and Dodge, along with two friends, were outside Page's house, which sits at the end of a dirt road outside of town near a popular party place for teens... Reportedly Gallegos broke into the house because she needed to use the bathroom. ...
... a little more than 24 hours after the shootings Page's home— and the crime scene— burned to the ground. Police suspect arson and said revenge was a possible motive.
(Excerpt) Read more at abqjournal.com ...
--In the amount of time it would take to mentally run through that list, one could be riddled with bullets from an agressor.--
Ignorance of the law is no excuse. Even and ex-weatherman should know that.
The point is that trespassing may easily be misinterpreted as a threat of violent crime and, most importantly, the judgement is left up to the victim ("if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony." ).
They don't have to prove that the perps were going to rob them or whatever...only that they reasonably believed it was about to happen.
You could drive a truck through that legal opening but that's the law we passed and you've seen it yourself.
So that means when I hear breaking glass in my living room window at 3 AM I should, first, review that list of who to shoot and who not (in my 'trying to wake up' state) and then weigh my decision so I won't be 'ignorant of the law' while the perp has had time to take out half my family....no way.
In my book, one form of 'ignorance of the law' is when people edit out parts of a law that don't agree with their point when posting.
That's how we got 'global warming'.
--So that means when I hear breaking glass in my living room window at 3 AM ...--
We were talking about simple trespassing. DUH!
--In my book, one form of 'ignorance of the law' is when people edit out parts of a law that don't agree with their point when posting.--
Mischaracterization. I gave you the full text in my first post on it. Besides, it fully supported (agreed with) my position, not yours. Second, your statement makes no sense.
--That's how we got 'global warming'.--
Totally off-the-wall in regards to the legality of shooting trespassers. Where were you born? Southern GA?
--They don't have to prove that the perps were going to rob them or whatever...only that they reasonably believed it was about to happen.--
I am still waiting for you to cite the details where the guy blasted the trespasser and was not charged .....
YES!
And I was telling you that simple trespassing can get you killed if your intent is reasonably feared to be a threat.
--The point is that trespassing may easily be misinterpreted as a threat of violent crime and, most importantly, the judgement is left up to the victim ("if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony." ).--
Actually, the judgement is left up to a jury if the DA feels that a forcible felony was not imminent.
--And I was telling you that simple trespassing can get you killed if your intent is reasonably feared to be a threat.--
No. You were saying that it was legal to shoot trespassers in FL and I was ignorant in FL law for saying otherwise.
The law, itself, specifically leaves that decision to the victim and it spells it out in plain English:
"if he or she reasonably believes that such force is necessary to prevent the imminent commission of a forcible felony".
It does not say "seek out the opinion of the local D.A. before defending yourself".
All the victim has to do is state their reasonable belief that they were threatened. From there on the D.A. has the task of proving what they did or did not believe. A precarious task to say the least.
I just told you how it COULD happen, and legally.
--It does not say "seek out the opinion of the local D.A. before defending yourself".--
You won't have to seek out the DA. He will review the police reports and seek you out.
--I just told you how it COULD happen, and legally.--
Er, you are stopping a forcible felony, not trespassing.
OTOH, It is interesting that I was raised in PC and still have roots there but right now am only a few miles from Gilbert, Iowa!
--All the victim has to do is state their reasonable belief that they were threatened--
"if he or she reasonably believes"
Subject to review by the DA and a jury. Just make sure you make a 'reasonable' decision.
True, but you only have to prove that you "thought" that was the case.
Where are you (near Gilbert...are there no hiding places left?) and what's up?
If I was a cat, I'd be dead of curiosity by now.
When I was growing up ('50s) this time of year the Gilbert Main St. would get a neat snow-pack on it and we used to go there and do ice spin-outs in our old hot rods.....mine was a '47 DeSoto.
--True, but you only have to prove that you "thought" that was the case.--
The DA would have to be convinced that you made a reasonable determination. It was some high schoolers 'rolling' your house you are out of luck. If it was two guys armed and sneaking toward your house you might get a medal.
Four inches of snow yesterday and -8 degrees this morning.
There's an anchor for NWCN (Northwest News Channel) named Shaniqua Manning. She's excellent.
Heh. Nicely done.
Unfortunately for all, they never counted on him having a gun. If it was dark on that side of the house he very well could have walked around the house and heard the others trying to climb into his window, and pulled the trigger, without knowing they were teenage girls. I feel sorry for everyone around, but more so for him. I think he's being unjustly detained in jail, and now because of their stupidity, his house has been burned down and he will no doubt be in certain danger for his own life when he is released from jail.
Touche.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.