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Homeowner shoots 1 of 5 burgerlers and other 4 are charged with his murder

If a person is killed during the commission of a felony, they face murder charges. Not sure if it's like that in every state but every one I'm familiar with. Had they not decided to commit the felony burglary, nobody would have been killed. He was killed due to THEIR actions, not the homeowner defending himself and his property.

OK I just didn't know. I do like it, murder carries a much stiffer penalty than burglary. I say get whatever you can to put them away for the longest time. This is why I am NOT a lawyer!
 
OK I just didn't know. I do like it, murder carries a much stiffer penalty than burglary. I say get whatever you can to put them away for the longest time. This is why I am NOT a lawyer!
And of course the D.A. decides to persue charges or not. We could think of a million scenarios where 'perhaps' you wouldn't want to charge the perps with murder, so they don't. This one was clear. You break in, somebody gets shot, you get charged.
 
usually you say this law applied in a situation where the homeowner had a heart attack and died due to the break in. Hats off to the prosecutor for making this call.

"I wish there would have been a different outcome because they did not commit a murder, they did not pull that trigger," said family friend Jennifer Szabo. "That man, nothing makes sense in his statements, nothing makes sense at all. He pulled that trigger over and over again and he didn't need to. He should be the one in trouble, not them."

Too bad she was involved as well.
 
usually you say this law applied in a situation where the homeowner had a heart attack and died due to the break in. Hats off to the prosecutor for making this call.

"I wish there would have been a different outcome because they did not commit a murder, they did not pull that trigger," said family friend Jennifer Szabo. "That man, nothing makes sense in his statements, nothing makes sense at all. He pulled that trigger over and over again and he didn't need to. He should be the one in trouble, not them."

Too bad she was involved as well.

Actually, this (bad guy gets shot by good guy during the crime) was the classic scenario used in law school to teach felony murder. I know the family is grieving at the loss, but it's sad that they can't see that their thug relative caused it by his own actions. If someone breaks into my house and I feel threatened, I'm not going to fire once and then wait and see how they respond. I might pause briefly when reloading, but my goal is to eliminate the threat.
 
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