Excessive Force? This guy needs a lawyer

[griffin]

He could have easily held them at gun point.

You sound like those people who say, "He should have just shot him in the leg and wounded him like in the movies, he didn't have to shoot him in the chest and kill him."

I hope they put him in prison for the rest of his life at a min.

So what if they do? Will that make you and their parents feel better? The people who broke into the guy's home were shot dead because they broke into a guy's home. Actions have consequences.

If you have the nads to shoot a unarmed person

If you have the nads to break into someone's home, expect to get shot.

 

[FortWayneGunfighter]

Read the story again....He was alone so he had nobody to protect but himself. But from what? 2 unarmed kids. He could have easily held them at gun point. Im not going to knock him for shooting them initially although that would NOT have been my choice. Again the assassanitation style kill shots were ILLEGAL and he has already been charged with murder - 2 counts. I hope they put him in prison for the rest of his life at a min.

I agree the 2nd finishing shot was a no go but he had no way to tell how many were there or if they had their weapons concealed the fact of the matter as i said was too many unknowns. Ive seen people who appeared unarmed kill too many times because they appeared innocent

 

[45calibre]

poor guy

 

[Tc343]

Clean shoot turned bad, I find it hard to believe if the first perp shot fell down the stairs was still a threat, bit did either of them have a weapon beside the home owner. If one of them was reaching for a weapon it could have been justified.... To many holes in the story. To get close enough to place the barrel under their chin though..... Sounds like he was just finishing them off but we have all seen the media make a shoot sound worse than what it really was. We song know unless we get the WHOLE story.

We don't know maybe the first killed perp was telling the others where he was at for an attempt to attack him. Your still a threat if your still helping others attempt to attack you.

 

[remauto1187]

I agree the 2nd finishing shot was a no go but he had no way to tell how many were there or if they had their weapons concealed the fact of the matter as i said was too many unknowns. Ive seen people who appeared unarmed kill too many times because they appeared innocent

If there were a weapon concealed it would be useless while someone is standing 10ft+ away holding a rifle on you.
Hands up...You move...I shoot....whats so hard about that. He was by himself so he didnt have to worry about a family member getting in the way and screwing it all up.
Kids werent strapped with IED's. We arent in Iraq or Afghanistan. Time to come back to reality.

 

[JRPLANE]

I agree that Smith did go way to far. That being said, the two that broke in were not there to deliver a candy gram. Criminals should not have rights. They were not invited in to the home, they were there to commit a crime. They took the chance and lost. The focus should be on the crime committed, not the excess one man takes to protect himself and home. If the two were not there this would not have happened.

Just my opinion right or wrong its mine.

 

[AD Marc]

I guess I'll just quote the article i linked too since, clearly, no one read it.

The decision to use deadly force always hinges upon a balance of two opposing imperatives: risk exposure and restraint.

Exposure to risk is, of course, inherent to all human activity. Risk cannot be entirely purged from any endeavor, but is must be identified, controlled, and minimized. Everyone is expected to expose themselves to some risk during the course of their daily activities. It is an understood condition of life. However, no one is expected or required to expose themselves to unreasonable or suicidal risk.

In any situation, as a person's risk exposure increases, he is permitted by law to take reasonable measure to reduce it, restraining himself from using deadly force until such a time as risk exposure has escalated, or is about to escalate, to unacceptable levels. At that point, deadly force may be employed if it is the only reasonable avenue through which the risk can be reduced.

 

[NYFelon]

“When it becomes clear that nobody can continue to commit a felony in your home, you are no longer entitled to take a life,”

Well, unless Breaking and Entering ceases to be a felony because one is shot, they never actually stopped committing the felony. I don't really know what to say about this. As has been noted since we have only a news article and two minute press conference held by the sheriff, I refrain from casting stones in any direction. However, by default, I side with the homeowner.

 

[pirate]

I find it sad that the laws are written so poorly that this is even a problem. I never really did like how you "have" to contact authorities right away. Your property, your decision on when the right time is to make it public IMO.

The fact that he was trying to lawyer up before calling the cops, shows how sad society has become.

 

[lazarus0213]

If someone breaks into, makes entry to my home/dwelling and has no weapon, what is to stop them from picking up an item and using it as a weapon once inside. Also the term weapon gets tossed around considerably too often, anything I choose to use as an offensive tool can be called a weapon. Kitchen knife just sits it the drawer or block until some one uses it in an uninteded manner. I agree on the "finishing shot" being totally no - go. The fact is , had they not broke in , and confronted the man while home they would be alive, at least no dead by his doing. Also, I have read this and am suprised only one person has mentioned, who the hell runs toward an active shooter? I dont know of too many people that are trained,comfortable or willing to run at an active shooter. Kids had issues, Old man had issues. Now we all get to deal with the backlash of "crazy old man" and "bright young teens" it is what it is. lesson learned. I hope I am never put in this spot.

 

[printcraft]

How it would have went down with a phaser on the intruders.....

http://www.youtube.com/watch?v=UE-rhcFfOEA

Sucks to be Evil Spock.

 

[HoughMade]

....who the hell runs toward an active shooter? ....

She, the teenaged girl, clearly did not know she was dealing with an "active shooter". She was upstairs and could see what was going on. As for the sound, what it obviously gunshots to experienced shooters is less obvious to a non-shooter and indoors, sounds change....gunshots don't sound like TV. They obviously thought no one was home, so when she heard a sound, she went to see what the sound was and before she saw anything.....gut shot

 

[remauto1187]

I find it sad that the laws are written so poorly that this is even a problem. I never really did like how you "have" to contact authorities right away. Your property, your decision on when the right time is to make it public IMO.

The fact that he was trying to lawyer up before calling the cops, shows how sad society has become.

No...He knew he f'd up. Thats why he wanted to lawyer up.

Goto prison rest of life...dont collect $200.

 

[esigler]

Rule no 1. Never ever speak to the police, ever! Lawyer up and shut up, everything you say will be used against you! Have a gun lawyers phone number ready , call them and shut up!

 

[HoughMade]

Real Rule no. 1- Don't "finish off" people who are not threats. That's called murder.

 

[NYFelon]

http://www.youtube.com/watch?v=CyEBXTL1Y3U

WARNING: NSFW language

 

[FirstTime]

Real Rule no. 1- Don't "finish off" people who are not threats. That's called murder.

+1 Agreed

 

[wild willy]

You choose that as a career path........This can happen.

The manner in which he executed them is disturbing.

 

[griffin]

Real Rule no. 1- Don't [STRIKE]"finish off" people who are not threats. That's called murder[/STRIKE] break into people's homes. When you break into a home, there may be someone on the other side who makes sure you don't leave alive.

FIFY

 

[downzero]

This guy doesn't need a lawyer; he needs a priest.