Right... Where that line is drawn in MT is at the mantrap
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Agree.....
ALSO, let me ‘admit’ I am confusing the two cases - I thought this was still in reference to the guy that sat in his basement and waited for the two kids to come down the stairs, shooting one a couple of times then executing him - then waited for his accomplice, shot her then proceeded to execute her.
I had been at ‘loggerheads’ with a couple of people since I didn’t ‘condemn’ him 1000% — I still contend he was within his rights as to the ‘original’ shot in both of the thieves...HE crossed the line when he summarily executed them.
On the 2nd crook (a teen age blond girl) I definitely would have shot her coming down the steps because I would have been ‘afraid’ she was ready to defend herself...Now whether she called to her ‘partner’ and the guy let her come ahead, different story, but definitely dragging her off to shoot her again rates the ‘needle’...IMNSHO...
That is murder THEN he admitted it to the police instead of clamming up....
I am tentatively in agreement with you - Here, one can only use deadly force while one is under threat - The local wisdom here is to make the first round count, because thereafter, if the perp is merely incapacitated, one is obliged to render aid, if possible, and perform an holding action under the more limited options of a Citizen's Arrest.
But that can't be set in stone either - I am trained to double-tap, reset, double-tap... So it is quite conceivable that an intruder might develop several perforations more than he used to have in the matter of a few seconds as a matter of course... Any Sheriff Deputy hereabouts is going to understand that sort of thing intrinsically, and would probably applaud (providing the groupings were tight).
And mindset has somewhat to do with it too - Anyone who had cased the joint would know he is going up against a redneck boy - If he wants to go ahead anyway, he is already a heightened threat... And if he gets through the dog too, I can guarantee he would be met with extreme prejudice. I have to figure that isn't some tweaker out to lift a tape deck, but rather, an extremely confident and dangerous opponent. Giving warning or quarter in that case would be fairly far down the list of executable options.
And I don't think there is a DA in Flathead County that would care to oppose that view, not to mention 12 citizens that would agree with him.