19 Year Old Girl Shot Looking for Help

[HumblePie]

Called the outcome of this case back then.

Homeowner was going to be found guilty for being stupid and talking to police. Not that I condone him killing McBride at all. Still in a way, I'm glad he opened his mouth because it did show he reacted based more off reasonable fear which is illegal. Gets an idiot off to prison.

 

[brycejones]

Just because they smile and nod when you rant doesn't mean they agree with you. They are just scared you are going to go postal on them if they openly disagree with you.

They don't want to be part of the eventual news story where Spidey shoots up someplace.

 

[brycejones]

What's funny is everybody I work with belives the same. All high paid professionals.

I guess when you get to a point where you have something to protect your perspective will change.

That's how I can read you losers so easily.

Its ok, as long as you continue to not address your obvious psychological issues your eventual date with a jail cell remains on. Then I'll feel better knowing that one less loon is in public ready to throw down at the drop of a hat.

 

[CitizenKain]

What's funny is everybody I work with belives the same. All high paid professionals.

I guess when you get to a point where you have something to protect your perspective will change.

That's how I can read you losers so easily.

I think its funny that you want us to believe you work with professionals. You simply aren't smart enough.

 

[schmuckley]

Oh come on....
The whole entire problem with this case was the NRA success at selling guns by demonizing neighbor against neighbor.
At one time when people were still sane and caring, a home owner would have first asked WHAT IS THE MATTER when a stranger or neighbor, or friend (for all that matter) might have knocked on ones door at 3am.
But no more...
Today, everyone is the enemy, and the gun is the only answer.
For THAT, you can thank the NRA.
Spreading the fear to sell those guns.
And it never hits home until your own son or daughter is shot at 3am by your neighbor.

More people had guns in the past...
Almost every household.
Your point is false.

 

[PliotronX]

More people had guns in the past...
Almost every household.
Your point is false.

I can actually see his point to a degree (tagging the NRA is asinine). Having not lived in the days when shotguns were sold in hardware stores I can only guess from my parents teachings, but there was a want to bend over backwards to help each other however on the same token there are hardcore drugs and drugusers today that did not exist back then so typically late night happenings are usually something nobody wants to be a part of. We can't trust each other as in the "olden days" simply because that trust is violated constantly because drugusers are not themselves and will do anything to their fellow citizens to get their fix. The best one can expect is a 911 call to let the pros sort it out most of the time. Not saying this guy was right in the least, but there is a social discord caused by substances that lead to very heinous happenings that don't belong on anyones doorstep.

 

[werepossum]

I'm still alive. That bitch is dead because of her poor decisions.

Don't want to get dead? Don't try to break into somebody's house in the middle of the night.

Don't do that.

Because of THEIR bad decisions. Generally speaking, one doesn't get a pass for killing someone trying to break into your house if you have to get the door for them.

Called the outcome of this case back then.

Homeowner was going to be found guilty for being stupid and talking to police. Not that I condone him killing McBride at all. Still in a way, I'm glad he opened his mouth because it did show he reacted based more off reasonable fear which is illegal. Gets an idiot off to prison.

Certainly didn't help his case that he was all over the place, but at some point given that she was short, fat, and unarmed, and that he admittedly killed her, he would have to present a defense. Your average bear isn't going to assume that he rightfully feared being cuddled to death, and pretty much any other defense ended when he opened the door.

 

[openwheel]

Reminds me of the Japanese tourist who was shot dead trying to ask for direction in Texas. The ruling was in favor of the home owner.

Tragic.

 

[Corn]

Justice was done when she attempted breaking and entering to rob the innocent victim.

He fucked up by talking to police. Never do that. If he kept his mouth shut and lawyered up he'd be a free man for a clearly justified shooting.

I thought we were finally rid of this imbecile. Who the hell let the trash back in here?

 

[HumblePie]

Certainly didn't help his case that he was all over the place, but at some point given that she was short, fat, and unarmed, and that he admittedly killed her, he would have to present a defense. Your average bear isn't going to assume that he rightfully feared being cuddled to death, and pretty much any other defense ended when he opened the door.

Not really. All he had to state was he heard a loud banging at his door at the wee hours of the morning waking him up. That he went to investigate, thought it was someone trying to get in and shot them. None of this "I think I accidentally shot someone" or "I didn't know it was loaded" or whatever else he said. Had he said, I thought someone was trying to break into my house and shot them to stop them it would be a done and over case. At least around here. Doesn't matter if he opened his door to shoot either.

Which is why you don't go knocking around here one someone's door very late at night/early morning unless you know the people in the house.

 

[HumblePie]

Reminds me of the Japanese tourist who was shot dead trying to ask for direction in Texas. The ruling was in favor of the home owner.

Tragic.

Yah you don't go banging on someone's door late at night in Texas and attempt to enter someone's building that doesn't belong to you. It may get you shot legally.

 

[Jaskalas]

Reminds me of the Japanese tourist who was shot dead trying to ask for direction in Texas. The ruling was in favor of the home owner.

Tragic.

Yah you don't go banging on someone's door late at night in Texas and attempt to enter someone's building that doesn't belong to you. It may get you shot legally.

It's rather concerning that one does not need to check their target and find legitimacy . Thankfully, in this case, an innocent person is not fair game in the state of Michigan.

Not sure how to feel about states that would back this incident as legal and okay.

 

[Ns1]

It's rather concerning that one does not need to check their target and find legitimacy . Thankfully, in this case, an innocent person is not fair game in the state of Michigan.

Not sure how to feel about states that would back this incident as legal and okay.

+1

 

[Brainonska511]

Reminds me of the Japanese tourist who was shot dead trying to ask for direction in Texas. The ruling was in favor of the home owner.

Tragic.

http://en.wikipedia.org/wiki/Death_of_Yoshihiro_Hattori

Looks like it was Louisiana, and not even late night. Rang a door bell asking for directions and then got shot by an overly afraid man.

 

[Ns1]

http://en.wikipedia.org/wiki/Death_of_Yoshihiro_Hattori

Looks like it was Louisiana, and not even late night. Rang a door bell asking for directions and then got shot by an overly afraid man.

Guess I'm never living in LA either JFC.

 

[SpatiallyAware]

Yes. He should have just said I shot the threat as it was attempting to break in. Now where's my lawyer?

He'd be Scott free.

You all might not like it but this is 100% accurate.

Don't like it? Don't try to break into someone's house. There's simply no justification for that. Accident or not, drunk or not, it makes no difference.

If you enter a patriot's home you can be legally shot dead.

 

[nehalem256]

http://en.wikipedia.org/wiki/Death_of_Yoshihiro_Hattori

Looks like it was Louisiana, and not even late night. Rang a door bell asking for directions and then got shot by an overly afraid man.

WTF

 

[HumblePie]

In the case of the Japanese guy, he was acting all jittery and was making lunging motions at the door trying to get in while not exactly speaking English all that well. Although at the time right before the shot, evidence shows Hattori had stopped moving and put his hands up in the air. However, that doesn't remove reasonable fear from the equation at the time of the shot from the homeowner.


But any many pro castle doctrine states, someone doesn't actually have to break into the house yet to be considered a threat by the homeowner. There is a reason for this and why Mr Pears go acquitted in his case. Pears was frightened by a couple of teens coming up to his house fast and his wife's panic. While he later thought it was an over-reaction on his part, it doesn't matter in the heat of the moment. Yes he had a bad judgement, but it could have just as easily been a good judgement. For example, had the teens been out to do harm to him and his wife and he didn't go get his gun then he and his wife could be dead. While that wasn't the case, the idea of castle doctrine law is to side in favor of the homeowner and not the person being in a place where they aren't suppose to be. When home owners have to second guess their decisions to protect themselves and their homes then there is chance they end up being victims.

Yes there ends up being a chance where someone innocent is banging on the wrong door in the middle of the night where they should be and gets shot for it. But that should be the rarer occurrence in the case of law abiding citizens. Most people around here know not to show up on someone else's property where you don't belong in the middle of the night.

In this case, the person on trial didn't present he had a reasonable fear of McBride attempting to enter the house with what he said to the cops. Which is all well an good because you shoot if you aren't afraid. If you have to second guess yourself, or shoot on "accident" at a person then you weren't in reasonable fear and deserve the punishment of the law.

 

[CitizenKain]

You all might not like it but this is 100% accurate.

Don't like it? Don't try to break into someone's house. There's simply no justification for that. Accident or not, drunk or not, it makes no difference.

If you enter a patriot's home you can be legally shot dead.

So the new white supremacist take on this is she was trying to rob his house? What will you trash come up with next?

Weird how your patriots are murderers and racists.

Of course humblepie would defend a guy shooting someone in the street because they knocked on a door. Texans sure are cowardly people, the simple act of knocking on a door is regarded as a threat that must be met with force.

 

[Ns1]

Of course humblepie would defend a guy shooting someone in the street because they knocked on a door. Texans sure are cowardly people, the simple act of knocking on a door is regarded as a threat that must be met with force.

srs

 

[Jaskalas]

In this case, the person on trial didn't present he had a reasonable fear of McBride attempting to enter the house with what he said to the cops. Which is all well an good because you shoot if you aren't afraid. If you have to second guess yourself, or shoot on "accident" at a person then you weren't in reasonable fear and deserve the punishment of the law.

That's a distinction my last post missed.

The way this shooter incriminated himself, he'd be guilty in all 50 states, yeah?

 

[HumblePie]

So the new white supremacist take on this is she was trying to rob his house? What will you trash come up with next?

Weird how your patriots are murderers and racists.

Of course humblepie would defend a guy shooting someone in the street because they knocked on a door. Texans sure are cowardly people, the simple act of knocking on a door is regarded as a threat that must be met with force.

Not defending the act at all. If someone was banging on my door at 3 am in the morning loudly I would certainly check it out with my gun in hand. I would look out a window or security camera first though. If I see it's only a single person banging loudly on my door, I would use the speakeasy to attempt to discern what the hell it is they want at 3am from me.

Then again I would take it as a case by case basis. Again, the law protects those in their homes from being victims. It is written to err on the side of the homeowner especially at night.

You do realize that there have been over 5000 bodies found in south Texas lands/homes in the past year around the oil pipelines due to gang/criminal activities? Then again, that is more of a rural problem and not a urban or sub-urban problem.

I support the law because it prevents more harm than it allows. There is no perfect answer here and the trick is to have the laws for an area in a way that the law abiding people can understand and abide by, while given them the best protection from those that chose not to follow the law.

 

[HumblePie]

That's a distinction my last post missed.

The way this shooter incriminated himself, he'd be guilty in all 50 states, yeah?

Yes. The moment he said that he shot on accident or that he didn't realize the gun was loaded was what incriminated himself in all 50 states. Had he simply said nothing to police, spoke with an attorney first, and basically only stated he was afraid the person was trying to access his home so he was forced to protect himself the best way he thought he could, then he wouldn't found guilty.

As I said, it was obvious once he opened his mouth he didn't shoot in reasonable fear and his sentence was a justified deserved one. You don't shoot unless you are in reasonable fear as outline by the law.

If you own a gun in any state, it behooves you to know the law in your area regarding firearms.

 

[shira]

Yah you don't go banging on someone's door late at night in Texas and attempt to enter someone's building that doesn't belong to you. It may get you shot legally.

There's a difference between knocking on the front door and "attempting to enter someone's building." Or are you suggesting that if a person knocked on the front door, then stood back and waited there, it would be lawful for the homeowner to shoot them in Texas?

 

[HumblePie]

There's a difference between knocking on the front door and "attempting to enter someone's building." Or are you suggesting that if a person knocked on the front door, then stood back and waited there, it would be lawful for the homeowner to shoot them in Texas?

If someone just knocked on my door or rung my doorbell late night/early morning hours to get me to answer the door then no. That in itself isn't enough to cause reasonable suspicion. If they are shaking the door handle, rattling the storm door, trying trying to rip off/open the screen on the storm door or to a window, then the answer is yes. The person attempting to enter my home, even if somewhat futilely at the moment, can legally be shot if the owner feels those actions at the time they are happening are fearful enough to protect themselves or their home.

Evidence points toward McBride was attempting to gain entry to the house more than just banging on the door. Which in many pro castle doctrine states, is legal justification enough for a home owner to be fearful of someone attempting unlawful entry to allow them to use any force the home owner deems necessary to stop it. Not that I personally condone someone resorting to using deadly force at someone doing that even late at night, but the law in most pro castle doctrine states allow it for a reason. The reason being is that you can't have a law be reactive in this case, because a reactive law may lead to harm for the homeowner. In the example of McBride, even if her actions to open the door to the house were futile at the moment, the homeowner shouldn't have to wait until her actions change to be something other than futile. Because by then it may be too late for the homeowner to defend themselves.

However, the homeowner has to state they were in fear at the time of the incident. This case showed that the homeowner was not at that state of fear despite McBride's actions. Which is why shooting on his part was not legal anywhere. By his own admission the shot was not out of fear, but on "accident" and thus not legal.