Posted on 04/02/2017 1:12:06 PM PDT by bgill
Nowadays it can be anything in the shower.
Maybe it was a human who thought themselves to be a trans-elephant.
Washington state.
The owner went to his office property and found a stranger using the shower in the bathroom there. The owner then went back to the unit he was using as his residence, got a gun there, returned to his office unit, and shot the stranger through the shower curtain.
Legally this is the same thing as shooting someone driving off in your car which the guy has just stolen. Defense of property other than your residence is not a valid ground for deadly force. This is taught in concealed carry classes.
Nobody said anything about fleeing.
"If you return and he is there you do NOT have a responsibility to flee, which means the threat is there, so *bang* *bang* *bang*"
Having no obligation to flee does nothing to establish that a threat exists.
The only chance he has is jury nullification.
A Mason County homeowner has been arrested on second-degree murder charges after an intruder was
shot multiple times while in the shower on the homeowner’s property, according to a tweet from the
Mason County Sheriff’s Office.
The incident occurred on East Trails Road, south of Belfair, about 8 a.m. Saturday.
Authorities said the homeowner left his house to check on neighboring property he also owns when
the shooting occurred. Sheriff’s Lt. Travis Adams said the man runs a business out of a building
on the second property.
When the homeowner arrived on the second property, he told deputies he found a screen had been taken
off the window and the door kicked in. The homeowner went back to his home, got a gun, returned to
the other house and shot the intruder multiple times, detectives said.
Read more here: http://www.thenewstribune.com/news/local/crime/article142176249.html#storylink=cpy
He was faced with a trespasser in his shower. Nobody is going to believe a guy in the shower was a deadly threat, not as long as he's staying in the shower. Washington law does not grant the authority to use deadly force to expel a trespasser. It also does not create a presumption of a deadly threat because they are in your "castle", as some states do. So the only reason deadly force would have been justified is if the homeowner was facing a deadly threat himself. He clearly wasn't, hence the murder charge.
“Having no obligation to flee does nothing to establish that a threat exists. “
It only takes a fraction of a second to have a threat exist.
Bottom line: IF you don’t want to die, stay the hell out of other people’s homes.
Sometimes it pays to read the article before posting ...
Sometimes it pays to read the article before posting
Sometimes it pays to read the article before posting
Which is true every day, everywhere you go. Yet you can't go around blasting people.
A threat must be objectively reasonable and imminent, not imaginary or projected.
They guy in the shower won't be doing it again, for sure. But the bottom line for this story is, don't go shooting people unless it's to defend your own life, or you may just spend that life in prison.
Why break tradition?
As soon as he left the house the immediate threat was over. He then had the opportunity to call the police and stay away from the intruder. By returning he re-initiated the confrontation and forfeited any claim of self defense.
They arrested him because he left the property, went to his other house next door, got a gun, returned, and then killed the man.
It is Washington state not Texas where this happened. Don’t understand why anyone would stick around when confronted the first time
Washington state
IF you read the story you would know he had two properties right next door to each other. He lived in one ran a business out of the other
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