Posted on 08/08/2009 5:03:01 AM PDT by Red in Blue PA
Smith walked in through the unlocked door and was unbuckling his pants and taking off his shoes when Cramer's wife, Christy, found the man, Stoll said. Smith then laid down on the couch and went to sleep, she said.
Christy Cramer went into the master bedroom with her daughter and locked the door. The pair then left the house through a back door in the bedroom, Stoll said.
Christy Cramer picked her husband up at the nearby bar and took him home. All three entered the home but could not get into the bedroom where guns were located because the door was locked from the inside, so Christy Cramer and the young girl went to the car and called police, Stoll said.
Meanwhile, Cramer went around the outside of the house to the back door, grabbed a gun and re-entered the living room, Stoll said. Cramer woke a sleeping Smith with the butt of his gun and a verbal argument ensued, she said. At some point, Smith reached toward Cramer, Stoll said.
“We don't know if he was reaching at the gun or at his shoes, which were over there too,” she said.
Cramer said he believed Smith was reaching for the gun and shot the man in the chest, Stoll said. Smith never left the couch, she said.
“He was totally and completely on the couch,” Stoll said. “His feet were up. He was only able to get up on an elbow.”
Cramer had said early on that he was acting in self-defense when he shot Smith. Stoll said the law does not allow people to use deadly force, even in their own homes, unless the intruder is committing a felony. The state believed Smith's only crime was trespassing, which is not a felony, Stoll said.
(Excerpt) Read more at nrtoday.com ...
Good grief. Where is Sutherlin?
Ah, saw Douglas County. Colorado right?
Looks like Oregon.
Article could be leaving things out. But as it stands, it sounds like murder.
The guy deserves prison time. This was not an act of self-defense or even defending his property. Probably, just some drunk wandered into the wrong house and fell asleep. Should have just waited for police. There was no eminent threat.
Ah, looked up Douglas County. Seems like every state has a Douglas County. Sounds like Oregon though.
unlocked door + alcohol + firearm = tragedy. Old, sad story.
Kicking in the door would equal a felony to me.
Agree, but under the law is that a felony? I do not believe it is.
Not enough info here for me.
Oregon.
IIRC, Sutherlin is down near Eugene.
It would certainly infer fear of harm/a threat to the homeowner. No jury would convict. Well, maybe 0’s fed jury would.
True.
Correct. A police officer told me once that under that scenario he would shoot them anyway, then drag the corpses inside the door! What can I say — that’s Oregon.
Looks like the verdict is in. When Freepers are saying the gunowner screwed up, that’s when the gunowner should have taken a class to know what his Rights and the law allow him to do.
It’s nice to say a person lives in such a nice neighborhood locking their doors isn’t necessary. That may be true about the neighborhood, but lock those doors anyway.
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