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Thief calls 911, afraid homeowner may have a gun

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gorcorps said:
My house is always locked, a drunk person can't get in. Do people not lock their doors over there or something? Seems like drunk people stumbling into your house should never be a problem.
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I'm glad, but thieves don't deserve capital punishment.
 
HAL9000 said:
Drunk people.
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I suppose that could be a problem (though I've never been that drunk).

But, I don't think there have been many problems with people entering the wrong house and being shot. I think there have been some problems where someone defends his/her family and home with a firearm, but that home owner is the one prosecuted or sued by the criminal's family. These laws seem to be in response to that type of issue.
 
KB said:
In any state with castle doctrine he could have shot him even if the police were on their way. In those wussy states without it, he would have had to offer the criminal a drink and some food, rub his feet and then leave his home while the criminal robbed him.
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Don't forget, offer to let him have sex with your wife and daughters.

highland145 said:
Don't think so if they guy is not a threat. But there are LOTS of bathroom items that could be used as a weapon.

"Officer, he threatened me with a maxi pad. Oh, noes!"
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Jeeebus said:
There is NO state in the USA - not even Texas - where shooting a guy locked in your bathroom who is on the phone with the police is going to be protected by a castle doctrine type law.

I invite the armchair lawyers here who think it's legal to justify it by citation to their state's laws on the subject.
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http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/SB00378I.htm

Read and learn.

Under Texas law it is assumed a person in your "castle" is there to do you harm. It doesn't matter if he was showering, petting your dog or washing your dishes. Someone you don't want in your home is in your home. Are you going to politely ask them to leave and let them do whatever they want or are you going to safe gaurd your family?
 
Texashiker said:
I live in a rural part of east Texas -its not uncommon to go walking through the woods and accidentally get off your property and on someone elses.

It would really suck to take my daughter walking, get off our property, and someone starts shooting at us.

Just because something is legal, does not make it right.
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You miss the unlawfully part of the code.
Also, if the boundry is not clearly defined, then you can't be trespassing.
 
JeffreyLebowski said:
Read and learn.

Under Texas law it is assumed a person in your "castle" is there to do you harm. It doesn't matter if he was showering, petting your dog or washing your dishes. Someone you don't want in your home is in your home. Are you going to politely ask them to leave and let them do whatever they want or are you going to safe gaurd your family?
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I'm in S.C., have castle law, am too lazy to look it up to see if there is a difference, would cap his ass and put some maxi pads in his hand.
 
SlowSpyder said:
I agree. But, I'm not going to wait to see if someone who broke into my home is interesting in raping my wife or stealing my DVD player.
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Maybe you should ask the bad guy first? "If you're just thieving, then ok. But let me know your intent is to cause bodily harm."

Anyway, to the question of can you legally shoot an intruder in the bathroom on the phone with police? Absolutely, depending on state.
 
gorcorps said:
My house is always locked, a drunk person can't get in. Do people not lock their doors over there or something? Seems like drunk people stumbling into your house should never be a problem.
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If the crime rate is low, I should keep my doors unlocked to encourage more crime in order to bring our neighborhood up to the national average, durrrrrrrr
 
Demo24 said:
Really only if you could justify that they were posing a threat to you. Which, considering they are in your house isn't necessarily hard to do. However since the thief also called 911, it probably wouldn't have gone over so well. I'm not entirely clear but I also do not believe it legal to hold them (gunpoint, knife, whatever) until the cops get there as it would technically be a form of kidnapping/hostage. So, I guess if you really want to get them then shoot them in the leg before they can walk out.
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yea but you don't he was calling 911.

Officer, I came home and there was a man locked in my bathroom. I was about to call 911 when I heard him making a call and warning other that I had a gun. I figured I should finish him off before his friends got here and I was outnumbered.
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JTsyo said:
yea but you don't he was calling 911.
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Yep. I thought he was calling his buddies to assist being unlawfully in my home. And for good measure throw in "I feared for my life. I feared for my life. I feared great bodily harm or death." just to make it a rock solid case.
 
HAL9000 said:
That is mental, so If someone walks into the wrong house or car you can just shoot them in the face legally?!
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Stupid has consequences. In addition to lower income it can get you killed. Think of it as cleansing the gene pool. We are better for it.

Seriously wtf BREAKS into wrong house?
 
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spidey07 said:
Yep. I thought he was calling his buddies to assist being unlawfully in my home. And for good measure throw in "I feared for my life. I feared for my life. I feared great bodily harm or death." just to make it a rock solid case.
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Sounded like he was hyping himself up in bathroom to come out guns blazing.
 
I really don't understand some of you people. I don't go breaking into people's homes for many reasons, but mainly because I know if I do I will likely be killed. If someone breaks into my house, I can only assume their intentions are less than honorable, but I'm going to shoot first and ask questions later.

Being able to kill criminals while they are committing crimes is a good deterrent to crime if you ask me.
 
Zebo said:
Stupid has consequences. In addition to lower income it can get you killed. Think of it as cleansing the gene pool. We are better for it.

Seriously wtf BREAKS into wrong house?
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There was a case here in KY where a 17 year old kid hopped up on mushrooms opened a window and started to climb inside, thinking it was his home. Homeowner shot him dead as he was entering. Of course thanks to castle doctrine, no charges. The only charge was manslaughter against his buddy that gave him the drugs.
 
HAL9000 said:
Fuck me! American seems insane.
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Better than these stories, lol

http://www.telegraph.co.uk/news/ukn...-owners-protect-themselves-from-burglars.html

http://www.telegraph.co.uk/news/cel...e-after-scaring-off-intruders-with-knife.html



Bills have gone to vote but seem to get shot down. I've no idea if anything more recent has occurred on this, but it seems ridiculous to me. Like fuck I'm going to jail over threatening someone on MY property to get the hell off and leave me alone.
 
Colorado has a castle law, but you still have to have a reasonable fear for your life and limb. In this circumstance, with both parties calling the cops like they did, I doubt it would hold.

P.s., as the CNN headline points out, the guy was an intruder. There no mention that anything was stolen. It's actually not unheard of for homeless people, for example, to enter a home for the purposes of a bath.

gorcorps said:
Who the fuck walks into the wrong house? That sounds like a moronic excuse mainly used BY criminals to get out of such things.
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Happens with drunk people. In fact, it happened down in CO Springs. Drunk guy mistook a house on an adjacent block for his on the way back from the bar. Homeowners called cops and did everything right when the guy tried to force his way in. Ultimately they shot and killed him (they certainly didn't know he was drunk or his intentions) and were protected by castle law.

However, you can't just waste your drunk next door neighbor if he wanders in your open back door during the hot summer, without force or malice and clearly no intent to harm anyone or anything. (a hypothetical scenario proposed to me by a cop, when we reported a trespasser)
 
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Joemonkey said:
I really don't understand some of you people. I don't go breaking into people's homes for many reasons, but mainly because I know if I do I will likely be killed. If someone breaks into my house, I can only assume their intentions are less than honorable, but I'm going to shoot first and ask questions later.

Being able to kill criminals while they are committing crimes is a good deterrent to crime if you ask me.
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Libs would argue that it;s not a deterrent but that particular criminal sure as shit won't be doing any B&E anymore. That's good enough math for me.
 
spidey07 said:
There was a case here in KY where a 17 year old kid hopped up on mushrooms opened a window and started to climb inside, thinking it was his home. Homeowner shot him dead as he was entering. Of course thanks to castle doctrine, no charges. The only charge was manslaughter against his buddy that gave him the drugs.
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wait...that is not, in any way, completely fucked-up to you?

dude just blasts a confused teenager for trying to sneak back into what he likely thought was his room, with no fucking warning?
 
HAL9000 said:
I'm glad, but thieves don't deserve capital punishment.
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In a court of law, they sure don't. Consider it an occupational hazard if caught in the act by the homeowner. The intents of the laws are generally more concerned about life and limb of the homeowner than their property.
 
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