I don't know that I'd go so far as "deserve to die". Basing all of what I say on the comments so far, I'd want to see the door and see what the homeowner saw. I'd bring up disparity of force, as was mentioned, and the fact that warnings had been given.
If the homeowner could not actually see the person into whom he pumped lead, I'd agree he was in the wrong. That said, he should not have to wait until the door is completely gone as a barrier to defend his person and his home. Voluntary drunkenness is not, to my knowledge, a defense in any of the 50 states for criminal misdeeds.
I also was going to mention the Joe Biden defense, but reps to cbhausen for saying it first.
This does beg a question though, in my mind: For many years, in my ignorance of such things, I thought that if I was going to have a shotgun (thankfully, I did not at the time, and learned better before I had one) the first shell in it should be rock salt, so that it hurts, but does not kill. Yes, I really did think something that dumb. However... Had the homeowner used such a shell, would it have been more defensible, given all other circumstances unchanged?
I hope the homeowner gets someone on his jury who knows about jury nullification and gives full appropriate weight to all the facts of the case.
Blessings,
Bill
If the homeowner could not actually see the person into whom he pumped lead, I'd agree he was in the wrong. That said, he should not have to wait until the door is completely gone as a barrier to defend his person and his home. Voluntary drunkenness is not, to my knowledge, a defense in any of the 50 states for criminal misdeeds.
I also was going to mention the Joe Biden defense, but reps to cbhausen for saying it first.
This does beg a question though, in my mind: For many years, in my ignorance of such things, I thought that if I was going to have a shotgun (thankfully, I did not at the time, and learned better before I had one) the first shell in it should be rock salt, so that it hurts, but does not kill. Yes, I really did think something that dumb. However... Had the homeowner used such a shell, would it have been more defensible, given all other circumstances unchanged?
I hope the homeowner gets someone on his jury who knows about jury nullification and gives full appropriate weight to all the facts of the case.
Blessings,
Bill