Gun owner escalated the situation, and why he was charged. Went from a property damage situation to lethal force use situation due to actions of gun owner.
Castle doctrine not involved.
Castle doctrine not involved.
17 year old "kid" . . . Mental, armed with flip-flops (maybe rocks ) . . . Haven't had time to thoroughly read about this, but if it were a LEO shoot I know quite a few on here would be calling for his head for excessive force.
Wonder if there was a history, something off camera, political motivation? Looked clean, some states have a "duty to retreat" requirement. Just because the suspect fell down doesn't mean he was finished, and I don't think you should assume so.
Biggest problem I see is he should have maintained reactionary distance, then unless the attacker closed with him there wouldn't have been a need for deadly force.
Have to agree with this based on what I know so far . . . First-degree murder charge is excessive in my opinion though . . .
After reading the article, it apparent from the DA and down to the Sheriff and Department heads they don't want anything to do with this. He will walk. Never should have been charged in the first place.
I really hope he walks away clean from this though . . . Hindsight being 20/20, he probably didn't expect it to escalate to a fight when he stepped outside to confront him. Unfortunately, when dealing with bad guys, they can be unpredictable - response still must be reasonable though.
His response and the outcome may very well be reasonable. At this point it will be up to the shooter and his lawyer to articulate that to the jury.
His response and the outcome may very well be reasonable. At this point it will be up to the shooter and his lawyer to articulate that to the jury.
My Thoughts: The Perp was trying to break into a car, although the man had a right to protect his property or the property of his employees, he did not have to go to the extreme measures that he did. He chased the guy with a gun, that was a big mistake! He should have simply said GET ON THE GROUND NOW!
He could and should have stood back and kept his distance from the Perp, he knew the police had already been called, and if he kept back and allowed himself to be protected from direct attack the shooting would most likely never happened.
I think unless this guy has a lot of money to throw at the legal side of this shooting, he will be at least charged with 2nd or some type of manslaughter wrap.
He should have stood back and if the perp charged at him, then he would have been justified in a shooting.
He could and should have stood back and kept his distance from the Perp, he knew the police had already been called, and if he kept back and allowed himself to be protected from direct attack the shooting would most likely never happened.
I think unless this guy has a lot of money to throw at the legal side of this shooting, he will be at least charged with 2nd or some type of manslaughter wrap.
He should have stood back and if the perp charged at him, then he would have been justified in a shooting.
