Self defense or second degree murder?

[JS80]

This is not manslaughter. This is murder. There is absolutely no reason to be shooting at a motel door. Unless he was expecting trouble. In which case he probably has a shady background.

For reference I am an absolute gun freedom nut.

 

[sjwaste]

Sounds like common law murder, as shooting through a motel door is probably reckless indifference to human life in these circumstances, if the jurisdiction defines it that way.

I'm not studying for the MBE or anything 🙂

 

[AstroManLuca]

Originally posted by: JS80
This is not manslaughter. This is murder. There is absolutely no reason to be shooting at a motel door. Unless he was expecting trouble. In which case he probably has a shady background.

For reference I am an absolute gun freedom nut.

Especially since it's a motel, not your house. If I heard someone jiggling my doorknob at 3am in my own home, I'd be scared as hell. But this wasn't 3am, it was 10:40pm, and it wasn't his home, it was a motel.

 

[hanoverphist]

Originally posted by: Mutilator
You never shoot through a closed door because you don't know who's on the other side.
It's one of the rules of gun ownership... know who/what your target is AND who/what is behind it.

basic rule there.

 

[Babbles]

Originally posted by: ryan256
Manslaughter

The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

Seems to fit perfectly.

Shooting a gun in the direction of an unknown individual sure as shit is malicious intent. You don't freaking pull the trigger to a firearm without intent to kill.

 

[yh125d]

Originally posted by: Kelvrick

Originally posted by: ryan256
Manslaughter

The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

Seems to fit perfectly.

I'm pretty sure he meant to kill whoever was trying to open the door though. Even if it was a misunderstanding.

Of course there was intent, he meant to shoot the intruder. He shot with a -protective- intent, not a malicious one. He shot because he thought he was protecting himself, not because he was pissed off the guy.


There was no -malicious- intent, so it's not murder. It most definitely is manslaughter though

 

[JS80]

Originally posted by: AstroManLuca

Originally posted by: JS80
This is not manslaughter. This is murder. There is absolutely no reason to be shooting at a motel door. Unless he was expecting trouble. In which case he probably has a shady background.

For reference I am an absolute gun freedom nut.

Especially since it's a motel, not your house. If I heard someone jiggling my doorknob at 3am in my own home, I'd be scared as hell. But this wasn't 3am, it was 10:40pm, and it wasn't his home, it was a motel.

Now if he was a drug dealer with a deal gone bad and he ran to his motel room and later his door starting to jiggle and he shot at the door thinking it was people out to get him, then manslaughter might make more sense.

 

[Barfo]

Originally posted by: jonks
Legal in Florida if he reasonably suspected someone was trying to break in.

So it's murder

 

[TallBill]

Originally posted by: Mutilator
You never shoot through a closed door because you don't know who's on the other side.
It's one of the rules of gun ownership... know who/what your target is AND who/what is behind it.

Never say never. But yes, in this case the shooter should definitely see jail time.

 

[sjwaste]

Originally posted by: yh125d

Originally posted by: Kelvrick

Originally posted by: ryan256
Manslaughter

The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.

Seems to fit perfectly.

I'm pretty sure he meant to kill whoever was trying to open the door though. Even if it was a misunderstanding.

Of course there was intent, he meant to shoot the intruder. He shot with a -protective- intent, not a malicious one. He shot because he thought he was protecting himself, not because he was pissed off the guy.


There was no -malicious- intent, so it's not murder. It most definitely is manslaughter though

Under the common law definition of murder, malicious intent can be indicated by a reckless indifference to a human life (what my materials call a depraved heart killing).

If he had shot through a door randomly when no one was knocking, it might not meet the reckless indifference threshold. However, if someone was knocking, had knocked, etc, it's most definitely reckless indifference to human life, and therefore murder.

 

[Baked]

I like to hear the reason behind the motivation for the shooting. Is the occupant a gang member? Hitman? Was he expecting somebody to come and kill him that night? Maybe he was on the run from somebody and this couple were just at the wrong place at the wrong time? Still, killing somebody through the door sounds like murder. If this guy doesn't get charged with murder, it's gonna set a precedent that you can shoot and murder anybody behind a door and call it self defense.

 

[PlasmaBomb]

Originally posted by: Venix
Murder, manslaughter, or whatever is the appropriate charge for gross negligence resulting in death.

This is probably going to be one of the most lopsided polls ever.

Yup murder/manslaughter.

There is no poll...

 

[Phokus]

I was wondering what was happening to this case, and it appears the murderer bailed out and is still at large.

http://www.wenatcheeworld.com/news/2010/jul/02/trails-cool-off-in-hunts-for-four-fugitives/

Also, just a reminder that spidey07 is a fucking sociopath, please read through this thread.