Atlanta homeowner charged with murder after allegedly shooting stranger found sleeping inside home

[Bear44]

Actually, "Reasonable fear" is a key element of self defense there champ. No, you cant just shoot someone, But the fact you THINK this has "earmarks" of your bias doesn't mean anything. Speculation doesn't make facts change, Its just unfortunate situation all the way around. The fact that so many(you included) are quick to try and blame the guy whose home was broken into is just mind boggling! Especially when we're seeing a MASSIVE push by the woke to prosecute ANY/ALL self defense situation, Just makes it that much worse. It's as if theirs tons of people who live under rocks, And aren't at all aware of these DA's doing this despite the national coverage of the Rittenhouse trial! Just blown away by some people's mental gymnastics in these comments honestly.

So who peed in your cornflakes...Champ?

I see you just happened to add the word "reasonable" in your recounting of what I said. No big deal. Just the fact that "reasonable" is the linchpin of what is needed for justifiable use of deadly force and that is specifically why I didn't use it in my post. You trying to muddy the waters actually contributes to the misconception that fear equals justification. Fear is an emotion and has nothing to do with it. If a person has reasonable cause to feel that fear, it's an entirely different story.

 

[K79540]

I've spotted the problem

 

[Ken Ford]

Actually, "Reasonable fear" is a key element of self defense there champ. No, you cant just shoot someone, But the fact you THINK this has "earmarks" of your bias doesn't mean anything. Speculation doesn't make facts change, Its just unfortunate situation all the way around. The fact that so many(you included) are quick to try and blame the guy whose home was broken into is just mind boggling! Especially when we're seeing a MASSIVE push by the woke to prosecute ANY/ALL self defense situation, Just makes it that much worse. It's as if theirs tons of people who live under rocks, And aren't at all aware of these DA's doing this despite the national coverage of the Rittenhouse trial! Just blown away by some people's mental gymnastics in these comments honestly.

But that reasonableness has to have foundation in: intent, means, and opportunity.
While those are three legs of that judicial foundation may be in evidence here they are not currently observable from our point of view.

 

[gh1950]

According to the article he found the guy in there sleeping. And while breaking into an unoccupied home is a crime, it's not a justification for lethal force.

In self-defense law there's a thing called the 'mantle of innocence'. If the homeowner attacked this guy, or even just laid a hand on him that's technically assault and that 'mantle of innocence' is lost.

Like I said above, he would have been worlds better off just calling the cops and letting them deal with it.

The average self-defense case costs $60-80K to litigate last I saw (probably higher now). Even if he gets found not guilty he'll be selling that house in Kirkwood to pay his lawyers off.

As for your friend in Macon... he was lucky that he didn't get charged as well. Like someone else said... 'friends in high places' or the cops just really hated the guy who broke in. They have a lot of leeway on these cases.


Yup, you are 100% correct. So-called SYG laws only remove the 'duty to retreat' requirement for a self defense claim.

Both the SYG and Castle Doctrine laws are the result of political grandstanding, and wanting to get on the bandwagon. All the cool kids in the neighborhood were passing those laws, so the Georgia wannabes jump on.

Georgia has successfully used the common law of self defense for over 200 years. Georgia has never ever had a duty to retreat. Georgia has never ever not applied the principal of "stand your ground". Georgia has never not applied the "Castle Principal"

In fact there is language in a early 19th Century case where the Georgia Supreme Court used language to the effect that only a coward and person of low moral character would carry a concealed weapon, that a man of honor openly carried his weapon to let the public know that he was prepared to defend his honor with deadly force.

Some of the more thoughtful legislators raised the question that neither of these laws added anything to protections and rights that Georgians already had, and pointed out that when you begin to add useless verbiage to a satisfactory law, it allows the courts to make an inference that there was some defect in the original law that needed to be addressed.

However we live in a time when we don't judge our elected officials by their intellect but by the labels they wear, and no one wanted to have to wear the label of "soft on crime/criminals". So two unnecessary laws were enacted, and now every one get feel warm all over without wetting their pants.

 

[hamburglar3]

Should have gone pulp fiction on him

 

[hdsailorman]

Good thing your "guess" is worthless in the situation huh? People dont usually shoot people who are running away, Well unless they're cops, Then they know they'll never see any accountability so they do, But homeowners dont shoot people that say "Sorry man, it was cold and I was just looking for somewhere to sleep" they do shoot people that they find in their homes who wake up and threaten them. Just bc the guy ran after being shot/shot at doesn't make him some innocent victim. If you're homeless or need somewhere to get out of the cold you don't break into someone's house! Best thing to do, Wait until some facts are found before judging over your "guess". None of us know anything bc we weren't standing there, So pretty reasonable to not pass judgement on the ordeal. Hate that someone lost their life, Hope the homeowner doesn't lose his to prison over someone breaking into his home. Police can shoot a kid in a garage over a stolen cell phone, Bc he broke into a home during his attempt to escape, So how is this not the same amount of danger(More honestly)? Something to think on there.....

Damn dude.....take a chill pill.
Simple speculation based on the harsh action by the cops....... not a judgment.

 

[AC-130 Above]

I'd be saying, "Gimme three steps, gimme three steps mister...."

now give me three steps 2wards the doe!

 

[Ken Ford]

Damn dude.....take a chill pill.
Simple speculation based on the harsh action by the cops....... not a judgment.

Cops gave him a pass.

 

[Soul]

.
so you think it was his haircut that got him charged?..you could be right.

if I were him I would grow my haircut out before the trial, or the jury may think he’s some kinda white supremest skin head.
.(depending on what color the victim is, who knows? ..They have still not released the victims name…

So your first assumption is the baldness and the skin ? Not the surley and unrepentant look on his face?

 

[Moe_Fugga]

I've spotted the problem

View attachment 5027352

You’re still not far enough away.