Accidental home invasion shooting on O'Riley tonight

[printcraft]

I just saw the teaser on FOX for Bill O'Riley tonight.

A man "thought" he was entering his own home, went in
and the real homeowner shot him. The teaser question was
"should the homeowner who shot the man be charged?"

I don't know for sure which way Bill will go, he has upset
me in the past with some of his positions. It will either be a
man's castle or he should have known better blah blah blah.

Personal responsibility comes into play here big time.
The idiot who tried to get in or did get in, drunk, high or just
plain stupid should have not screwed up.

I believe the homeowner who shot him was totally in the right.
He does not know what the fool is doing. What are you supposed to
think.... setting at home or sleeping and someone is in your house uninvited....

I keep my doors locked, If someone forced their way into my home
accident or not I'm not going to play 20 questions.


Anyway, I'm not sure which way it will go but It might be worth a look.

 

[Plague421]

Was the intruder killed?

All I can say is if you waltz into my home, in the middle of the night, and I don't know who you are. I'm not going to be asking questions. Especially with today's unemployment rate, people are getting desperate.

If the man was attempting to retreat then the home owner is going to have problems.

 

[PhantomJ]

The BG in this case had beat on the front door demanding to be allowed in, then went to the back and busted the glass out of the door. He was shot and killed trying to reach thru and unlock the deadbolt. I think the homeowner was completely in the right. If you are so drunk you are breaking into someone else's home, then the responsibilty for the consequences falls to you.

 

[singlestacksig]

no, the real homeowner was acting to defend his home.
just because someone later claims to have "made a mistake" does not change that...

 

[dburkhead]

Also the "thought it was his own home" is pure speculation since he's not around to ask. It may be reasonable speculation, but still speculation.

 

[Joe Williams]

If somebody "mistakes" my home for his, that somebody may well have made a fatal error. They will have about 1/2 second to either comply with my instructions, run like hell, or start bleeding. I've got a family to protect. I can't be worried about whether or not the person who just broke into my house is stupid, intoxicated, or a bad guy.

 

[fireman1328]

The BG was drunk and had a BAC of a little over .2 I believe the article said. If someone breaks out a window in my door and reaches thru to gain entry I am going to defend myself and my family. Only the BG really knows what he was thinking and the homeowner was acting on the threat.

Fire

 

[4sarge]

The BG was drunk and had a BAC of a little over .2 I believe the article said. If someone breaks out a window in my door and reaches thru to gain entry I am going to defend myself and my family. Only the BG really knows what he was thinking and the homeowner was acting on the threat.

Fire

If as stated, BG should be bought and paid for. Homeowner 1 - Bad Guy 0

 

[Plague421]

The BG in this case had beat on the front door demanding to be allowed in, then went to the back and busted the glass out of the door. He was shot and killed trying to reach thru and unlock the deadbolt. I think the homeowner was completely in the right. If you are so drunk you are breaking into someone else's home, then the responsibilty for the consequences falls to you.

Well in that case.

Homeowner-1 Bad Guy-0


Game Over
​

 

[kludge]

Bust down my door in a drunken rage and you'll probably get a snoot full of shotgun, and you better have a quick response (like running away) to verbal warnings. The law protecting homeowners is there for good reasons. We don't have time to figure out of you're a bad guy or good guy who made a mistake.

Solution: Don't drink or use drugs.

 

[Rookie]

I don't think this, or any other situations like this, is a time to second guess. Castle Doctrine is pretty cut and dried.


SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]:
(b) A person:
(1) is justified in using reasonable force, including deadly force, against another person; and
(2) does not have a duty to retreat;
if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, or curtilage, or occupied motor vehicle.

It doesn't say you have to wonder about the person's actions before you take action. Simply put, if someone walks into my house without being invited, that would be unlawful entry - am I right? If so, then the law is clear.

 

[jsgolfman]

That person doesn't even have to walk into your house, just trying to gain entry.

 

[antsi]

What the dead drunk guy might or might not have been thinking, or what his motives might have been, is immaterial. He forcibly broke in to someone's home. The home owner acted legitimately to protect his home and family. End of story.

If we enshrine the "I was drunk and confused defense" as a cover-all for any kind of crime or misbehavior, we are going to be opening a big can of worms.

If the dude was drunk enough to break in to the wrong house, he could just as easily assaulted the home owner thinking he was an intruder. If you are out in public so drunk as to not have any idea what you are doing, you are risking your own life. Anything that results from that is your own fault.

 

[mavisky]

Full DA briefing

KOAA.com - Man who killed another will not be prosecuted, "Make my day" law is in play

My reply from another board

Unfortunate, but in the end I think it's 100% correct the right decision by the DA.

If I go to the wrong house and hear people inside who's voices I don't recognize, dogs I don't own barking, and a different fence, I may think twice before busting out the glass and trying to open the door. Unfortunately this guy was wasted (3 times over the limit if I remember right) and wasnt able to notice all these differences.

On the other hand you've got a guy and his girlfriend inside their house with a man beating and screaming at the door for at least 4 1/2 minutes before finally ripping the screen door off and busting out the glass in the back door. I'd have every belief that this guy was bound and determined to get into my household and judging by his demeanor I'd guess he wasn't out to deliver a pizza or make me some coffee. I'd have probably shot too. It's amazing how far a person can actually travel after taking a few bullet wounds and I'd much rather he die out on the porch than have him stumbling around inside the house possibly armed and still trying to take me out as well.

 

[cce1302]

"Make My Day Law" is ignorant. Negative reps to the editor of that newspaper/website.

Anyway, the homeowner did the right thing. My brother was nearly in that situation at 2 a.m. one night. He was at home and a drunk was trying to get in his front door. My brother called 911, and luckily the cops got there before the guy could break in.

 

[revance]

While this was in no way an "accident" (guy shot someone who forcefully entered his home)... I found a great product to help prevent truly accidental shootings.

I found Master Lock sells deadbolts that you can disable the tumbler on. I found them at Target. After locking the deadbolt you pull the lever out and it locks the tumbler so you cannot turn it (even with a key). I got them because there are a lot of people with keys to our house. With those locked I know that if someone sets off the alarm in the middle of the night it was NOT someone with a key (even though they should all know better). Nobody I want in my house would break a window or bust down a door to get in.

Just thought I would share.

 

[RaiseTheBlackFlag]

Anyway, I'm not sure which way it will go but It might be worth a look.

Its Fox news, there's only 1 way for it to go.

 

[schwaky18]

Its Fox news, there's only 1 way for it to go.

And Bill is all for it. He thinks castle doc. should be in every state. This is why I watch foxnews and nothing us. When I have kids cnn will be block at my house.

 

[HICKMAN]

"Make My Day Law" is ignorant. Negative reps to the editor of that newspaper/website.

Don't blame the editor, that's the actual name of the law in Colorado.

 

[drbarnes]

I think the homeowner was justified hands down.

that being said I dont think Ive ever been too drunk to remember where I live.