Posted on 04/02/2017 1:12:06 PM PDT by bgill
Two
That's a little too much to ask.........LOL!
Who knows what the business owner told the cops, but he could make a case that a casual check told him an intruder was likely on premises, he armed himself after this discovery, and when confronted, the intruder became a threat.
Proximity and ability are there, assuming there is no big physical mismatch in the business owner’s favor. I’d wager the cops heard something that makes the intent component dodgy. Even something as simple and natural as saying “get out our I’ll shoot” when you’re blocking the only exit could cause all kinds of legal problems.
“It’s not clear how long Rosa had been inside the home, but detectives don’t believe the homeowner gave him any warnings before he fired his gun, they said.”
In other words, he is presumed guilty.
He may be guilty. But I really wonder how the police know so much without evidence or testimony.
Maybe the police in the state of Washington are psychic.
I saw it in the byline as soon as I opened. Maybe they did not put it there right away.
I don’t think self defense would fly even in TX after leaving the scene of the confrontation. CO’s “Make My Day Law” wouldn’t cover it either in spite of opinions to the contrary.
Well, actually, he shot the perp as the perp was trying to carjack him in a Walmart parking lot. The newspaper decided to make the story more interesting so they made up the shower stuff.
Just kidding... but possible considering how the media is these days.
They missed the obvious global warming angle.
The guy was in the shower trying to cool off thanks to our feverish planet!
Well, the intruder took a shower lasting longer then 3 minutes so he was wasting precious water... and consuming fossil fuels to heat the water. He deserved to DIE for that!
Here in Washington state you don’t need self-defense to be justified in shooting them. From the facts so far it doesn’t sound like this shooting wasn’t justified - the guy should have called the cops. Then waited outside to keep the guy around for the arrest. Or - could have made a citizen’s arrest.
In Washington state you can shoot a guy running away from a felony. Breaking and entering is a felony. However, while the law might be on your side, I wouldn’t shoot a guy even if he did break my door and use all my hot water. And some DA might try to make a name for himself and argue that the law doesn’t apply in this case.
The story says he was shot through the shower curtain. To become a deadly threat he would, at the minimum, have to get out of the shower. I don't think this one is that subtle.
The guy probably thought he'd be OK legally because it was in his house, and the media keeps portraying every potential self-defense case as if it's free for all. But he was wrong.
Good catch!
Windmills are green. Windmills chop up endangered birds.
You . just . can’t . win
No. In Washington (state), but the article is from CBS Austin, TX.
Wait a minute. A man in WA finds another man taking a shower in his house and goes home to get a gun then goes back to his house and shoots the man taking a shower and it’s reported out of Texas?
Thanks for clearing that up.
In Washington you can use deadly force to prevent a forcible felony. This wasn't a forcible felony, and it wasn't being prevented.
“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.”
I don’t see the part about the arguing. Maybe if he called 911 before he went back armed to where the intruder was he would have a better case. “Yes I called the 911, but I’m 20 minutes out of town - who knows what the guy was going to do!?”
As I posted earlier, Washington state does not require it to be self-defense, you don’t have to flee, etc. I hope that this guy gets a good lawyer,
This is why people who can’t carry a gun should at least always have one at home.
If he shot the SOB without leaving to get the gun and coming back he would have been on much sounder legal ground.
Here in Washington state you don’t need self-defense to be justified in shooting them. From the facts so far it doesn’t sound like this shooting wasn’t justified - the guy should have called the cops. Then waited outside to keep the guy around for the arrest. Or - could have made a citizen’s arrest.
In Washington state you can shoot a guy running away from a felony. Breaking and entering is a felony. However, while the law might be on your side, I wouldn’t shoot a guy even if he did break my door and use all my hot water. And some DA might try to make a name for himself and argue that the law doesn’t apply in this case.
I agree. I’d have left, called the police, and then staked out the front door with my rotties to make sure the showerchild stayed around until the po-po got there.
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