"I shot her twice, she best be dead"

[Trigger Time]

If you are dumb enough to break into someone's home, especially the elderly, all games are off. I understand the law, but there is too much protection for criminals in my opinion. JUST STAY OUT OF PEOPLES' HOMES AND EVERYTHING WILL BE FINE.

As for the OP's question, it is not self defense, but...

My thoughts too.
and any pos can get pregnant. It doesn't mean ****.

 

[redwingshooter]

I agree with most that she got what was coming to her but it was not SD if he had to run after her and shot her while she was on the ground. He hit her once already, she'll have to go to the hospital to get treatment and she will get picked up then. Of course she could always get "back alley" treatment, and that is punishment as well so I think she would have gotten what she deserved one way or another. It still isn't SD though if you shoot someone while they are on the ground after they fell because you hit them already. Shot #1 was SD, no question. Shot #2...not so much. I doubt they will convict an 80-year-old though, but stranger things have happened.

 

[remauto1187]

From what I understand, The 80yr old man shot at the 2 burglars when they were running AWAY from the house down the alley. That is not self defense. Where is the threat aspect towards himself when the 2 burglars are RUNNING AWAY down an alley with no mention of any weapons pointed at him?

 

[Vigilant]

80 years old. Just coming off from an immediate and life threatening attack. Any competent lawyer should be able to get him off because of diminished capacity.

Diminished capacity | Wex Legal Dictionary / Encyclopedia | LII / Legal Information Institute

He just needs to head right up the middle! Diminished capacity in Kali would probably lead to seizure of all guns, and bar from owning in the future! With proper jury selection(if it comes to that) he can probably skate, or secure a nice plea deal!

 

[Thor]

Probably not self defense based on a legal dissection but justified.

View attachment 30427

 

[scoutsniper]

shake this mans hand! balls to stand up and not suger coat ****!

 

[IndyDave1776]

Another thing that needs to be considered: When that man was younger and learning the lessons that would shape the rest of his life, anyone suggesting that there was anything wrong with his actions would have been considered enough of a pinko to warrant deportation to Russia.

 

[freekforge]

I have a hard time judging the man and woman since i dont know them or their reasons for breaking in. I have two friends that are awesome people and hard workers but when he lost his job and their house they turned to other means to stay alive. They both got arrested twice for shoplifting and something else stealing related. They were both criminal justice students and volunteered at the church maybe these two folks have a similar story. But i can say i do not like this man something just seems off to me maybe its the way he talked about it i dont know.

 

[PistolBob]

You had to be there. Second guessing is nothing more than mental masturbation.

 

[Thor]

I have a hard time judging the man and woman since i dont know them or their reasons for breaking in.

Once you cross that line it matters not what your 'reasons' are. Lots of folks make bad decisions in their life and have to pay for it with pain...it gives them no right to prey upon others and if they do it is only right that they pay even more.

Virtually no one is starving to death in this county, there's plenty of charity and way too many government programs to make sure of that. Your friends stole from people who paid for those goods with their own money because they thought they needed it more. Sorry, but they violated the basic compacts of a civil society.

Just because someone assumes too much debt and can't carry on with two cars, cell phones, TV, cable and whatever else defines 'poverty' in this country is not my problem. If I find them in my house they may find it over. Of course they have to get by the video surveillance and the front door is a long way from the road...

I believe Indiana's castle law is written with just these situations in mind. NO ONE has any right to break into my house for ANY REASON. Period. Dot. Exclamation point.

 

[freekforge]

Im not saying its right im just saying im cant judge them.

FWIW my friends were a couple that couldn't get stamps and didn't have the paper work to get enough food from the pantry. He went from 130 something down to 98lbs because what little food they got he made sure she was full (thats love right there). I believe the shop lifting was milk eggs and a bottle of vitamins. Last i saw them they were back on their feet and were trying to feed others that are in poverty. All thieves are thieves but they are not all evil.

 

[bcannon]

I call it a running engagement...

+1

 

[pinshooter45]

Self defence instructors alway tell us to shoot until the threat is eliminated. She was down and may not have been a threat. And by legal definition it seems he was in the wrong. But the article does not say if she was really pregnant. If she was it sure didn't stop her from helping her "boyfriend" beat the crap out of the 80 year old home owner. So her statement could have been a ruse to get him to let his guard down and attack him again. At least that is the defence I'd try to use.

 

[churchmouse]

Im not saying its right im just saying im cant judge them.

FWIW my friends were a couple that couldn't get stamps and didn't have the paper work to get enough food from the pantry. He went from 130 something down to 98lbs because what little food they got he made sure she was full (thats love right there). I believe the shop lifting was milk eggs and a bottle of vitamins. Last i saw them they were back on their feet and were trying to feed others that are in poverty. All thieves are thieves but they are not all evil.

I do not know your friends. I will not judge them.
I will say that there is always a way if one applies themselves.
We as a family have seen some serious hard times. Near lost our home and everything we worked so hard to get. The situation was complex and hard to explain but our world crumbled around us.
We stayed the course and applied ourselves. We took on work for next to nothing just to stay afloat. We never resorted to stealing. The stress nearly ended my wife but we pulled through.

Again, there is always a way. If you have any skills, have any fortitude there is always a way.

 

[mrjarrell]

This will not reflect well on us. This was not self defence and I would be willing to bet that the local Cali prosecutor would be willing to press charges.

 

[Joniki]

 

[BehindBlueI's]

It'll be intersting to see how this plays out both in real life and here on INGO. Just a few days ago there was a story about a retired cop that essentially did the same thing.

https://www.indianagunowners.com/fo...m-robbery-shoots-suspect-possible-lesson.html


IIRC the vast majority said good shoot although it was also brought up that many thought that if the shooter had been John Q Public he would be charged. So let's see how it works out.

Not the same thing.

You are allowed to chase a suspected felon. You are not allowed to shoot to make apprehension, but you retain the right to self defense.

Hypothetical #1: You break into my house, I chase you, you turn and pull a knife and threaten me with it. I shoot you. Good shoot.

Hypothetical #2: You break into my house, I chase you, you lay down on the ground spread eagle and shout "I surrender". I shoot you. Bad shoot.

The chasing part is not what causes a good shoot or a bad shoot, at least not in this state.

**on edit**

This is strictly hypothetical, I'm not making any judgement on the reasonableness of this guy's actions as there are a lot of variables and CA law likely doesn't match IN law exactly.

 

[88GT]

Not the same thing.

You are allowed to chase a suspected felon. You are not allowed to shoot to make apprehension, but you retain the right to self defense.

Hypothetical #1: You break into my house, I chase you, you turn and pull a knife and threaten me with it. I shoot you. Good shoot.

Hypothetical #2: You break into my house, I chase you, you lay down on the ground spread eagle and shout "I surrender". I shoot you. Bad shoot.

The chasing part is not what causes a good shoot or a bad shoot, at least not in this state.

But it does raise the question of whether or not someone can claim self defense for voluntarily engaging with the perp after the perp tried to escape. I think that line is fuzzy.

 

[Bennettjh]

If you are dumb enough to break into someone's home, especially the elderly, all games are off. I understand the law, but there is too much protection for criminals in my opinion. JUST STAY OUT OF PEOPLES' HOMES AND EVERYTHING WILL BE FINE.

As for the OP's question, it is not self defense, but...

 

[cobber]

I have a hard time judging the man and woman since i dont know them or their reasons for breaking in. I have two friends that are awesome people and hard workers but when he lost his job and their house they turned to other means to stay alive. They both got arrested twice for shoplifting and something else stealing related. They were both criminal justice students and volunteered at the church maybe these two folks have a similar story. But i can say i do not like this man something just seems off to me maybe its the way he talked about it i dont know.

Shoplifting or retail theft are a far, far cry from breaking into someone's house and assaulting them. Even if they don't attack the owner, they are putting that person and family in peril.

No sympathy for burglars who are caught in the act and terminated. Assumption of the risk. Better luck next life.

But it does raise the question of whether or not someone can claim self defense for voluntarily engaging with the perp after the perp tried to escape. I think that line is fuzzy.

Assuming the perp had genuinely abandoned the act and wasn't simply going to his car, e.g. for a tire iron.