California Man Facing Possible Charges For Defending Himself And His Son


Oldgrunt

Well-known member
California is becoming the strangest state in the union. They don't want you to have weapons and definitely seem to not want you to have the right to self defense. Maybe that state should be evicted from the Union and classified as a separate country!



Posted on June 26, 2013 by Philip Hodges Filed under 2nd Amendment, Crime, Email Featured, Gun Control, Law, Law Enforcement


Thomas Manzano and his buddy had been out drinking for several hours when they decided to crash at what they thought was the vacant apartment where Thomas’s friend had been squatting. Thomas banged on the front door when he couldn’t get in, and the tenant who lived there opened the door. It was 3 o’clock in the morning. The resident turned Manzano away, and Manzano threatened the man before he closed the door on him. Obviously, it wasn’t the apartment they thought it was. I guess at that point in their intoxication, they were very easily confused, to say the least.

But Manzano didn’t give up. He decided to break in the apartment through a bedroom window where the resident’s adult son was staying. Manzano threatened and started to attack the man’s son, and when the resident heard the commotion from another room, he grabbed his gun and hurried over to his son’s bedroom and put 3 rounds in the drunk man. He was taken to the hospital and pronounced dead shortly thereafter.

Manzano’s family is upset, saying that he was only confused and just made a mistake. He didn’t deserve to die. Besides, he wasn’t even armed, so it wasn’t fair. The drunk man’s Uncle Alfonso remarked, “Just because you have a gun and its registered, doesn't give you the right to kill somebody.”

The police are investigating this case as a homicide. Granted, homicide is a broad term that refers to the killing of another person, whether justified or not. But the district attorney will be deciding whether the resident’s shooting and killing of the intruder was justified. NBC Los Angeles reported:

“According to California law, citizens have a right to protect themselves and their families, but there are conditions. ‘The homeowner, the citizen, has to be able to articulate or apply the appropriate amount of force that was done against them,’ Ontario [California] Police Sgt. David McBride said. Police said Manzano was unarmed at the time of the shooting.”

I don’t really know what that police sergeant meant, but I think he means that in this case, the apartment resident may have taken it too far, because the intruder wasn’t armed. So, shooting and killing the man was not the “appropriate amount of force” considering the minimal threat that Manzano posed.

But there’s no way the resident could have known that Manzano posed little threat to them. He even gave the man a chance to go away. And Manzano decided to break and enter and then threaten and attack the man’s son. When you do that, I don’t care how inebriated or “confused” you are, expect to be shot at. Expect to die.

The gun-owner did the right thing. And let’s hope the district attorney and prosecutor do the right thing and refuse to press any charge against the man for defending himself and his son.


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What sad and pathetic state. In WA simply breaking into a house is a felony which authorizes the use of deadly force, armed or not. Somebody breaks into my house and attacks my child, they better expect a lot more than 3 rounds.
 
Counter sue the Monzano family for birthing that blight on society. I wish death to no one but I will not allow any member of my family to be attacked and delicately restrain the threat. If you present yourself in a hostile way and invade my home, may God have mercy on both of our souls as I will protect my family and see to it that the threat is immediately halted.
 
California is becoming the strangest state in the union. They don't want you to have weapons and definitely seem to not want you to have the right to self defense. Maybe that state should be evicted from the Union and classified as a separate country!



Posted on June 26, 2013 by Philip Hodges Filed under 2nd Amendment, Crime, Email Featured, Gun Control, Law, Law Enforcement


Thomas Manzano and his buddy had been out drinking for several hours when they decided to crash at what they thought was the vacant apartment where Thomas’s friend had been squatting. Thomas banged on the front door when he couldn’t get in, and the tenant who lived there opened the door. It was 3 o’clock in the morning. The resident turned Manzano away, and Manzano threatened the man before he closed the door on him. Obviously, it wasn’t the apartment they thought it was. I guess at that point in their intoxication, they were very easily confused, to say the least.

But Manzano didn’t give up. He decided to break in the apartment through a bedroom window where the resident’s adult son was staying. Manzano threatened and started to attack the man’s son, and when the resident heard the commotion from another room, he grabbed his gun and hurried over to his son’s bedroom and put 3 rounds in the drunk man. He was taken to the hospital and pronounced dead shortly thereafter.

Manzano’s family is upset, saying that he was only confused and just made a mistake. He didn’t deserve to die. Besides, he wasn’t even armed, so it wasn’t fair. The drunk man’s Uncle Alfonso remarked, “Just because you have a gun and its registered, doesn't give you the right to kill somebody.”

The police are investigating this case as a homicide. Granted, homicide is a broad term that refers to the killing of another person, whether justified or not. But the district attorney will be deciding whether the resident’s shooting and killing of the intruder was justified. NBC Los Angeles reported:

“According to California law, citizens have a right to protect themselves and their families, but there are conditions. ‘The homeowner, the citizen, has to be able to articulate or apply the appropriate amount of force that was done against them,’ Ontario [California] Police Sgt. David McBride said. Police said Manzano was unarmed at the time of the shooting.”

I don’t really know what that police sergeant meant, but I think he means that in this case, the apartment resident may have taken it too far, because the intruder wasn’t armed. So, shooting and killing the man was not the “appropriate amount of force” considering the minimal threat that Manzano posed.

But there’s no way the resident could have known that Manzano posed little threat to them. He even gave the man a chance to go away. And Manzano decided to break and enter and then threaten and attack the man’s son. When you do that, I don’t care how inebriated or “confused” you are, expect to be shot at. Expect to die.

The gun-owner did the right thing. And let’s hope the district attorney and prosecutor do the right thing and refuse to press any charge against the man for defending himself and his son.


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You are talking about the PRK here (people's republic of kalifornia). He will be charged with murder.

God help him.

Sent from my Nexus S 4G using USA Carry mobile app
 
You are talking about the PRK here (people's republic of kalifornia). He will be charged with murder.

God help him.

Sent from my Nexus S 4G using USA Carry mobile app

I doubt that. Even in liberal California, a home invader (armed or not) is paid for.

California Penal Code: 198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical injury.
 

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