FAMILY Shoots and Kills Intruder


Peggy Reist

Peggy Reist

New member
Three family members all shot at an intruder in their home. He was dead when the police arrived.

Link Removed
 

Luis A. Pena went to check on that and found somebody rattling the french doors leading off a back porch area. He pulled out a gun and fired a shot trying to scare off the intruder but the burglar didn't stop.
Click to expand...

That part concerns me.
 
nogods said:
That part concerns me.
Click to expand...

Timely, isn't it? According to the OP and a few others in that thread, it's just peechy that a warning shot can land an otherwise LAC in prison for 20 years on a mandatory minimum sentence. Gotta wonder if they'd jump on a bandwagon for this guy to serve such a draconian sentence. For that matter, one might be forgiven for wondering what you think, nogods, since you're so concerned?

I don't think this particular warning shot will count against the man in this case though. The statute is about the threat of force, not the use of force, and considering that the man joined his wife and son in pumping rounds into the intruder, he clearly wasn't just threatening force, he used it. Couldn't really read the cop's body language when he said on-camera that the man fired a warning shot. I'm having herky-jerky problems with my 'puter during video playback. I could hear it fine though, and that's what the cop said, so we'll find out how much taste for depriving a man of defending himself, his family and his home based on his own decisions in light of the 20 year sentence of Marissa Alexander that inspired the law being discussed in the above linked thread.

Blues
 
This ended exactly as it should have, bad guy down and gone and innocents remain unmolested. I see no point or purpose to a warning shot from a general self defense standpoint. If the bad guy doesn't immediately flee or surrender at the sight of your weapon then the warning shot philosophy has already left the building.
 
nogods said:
Luis A. Pena went to check on that and found somebody rattling the french doors leading off a back porch area. He pulled out a gun and fired a shot trying to scare off the intruder but the burglar didn't stop.
Click to expand...
That part concerns me.
Click to expand...
It concerned them too. That's why they shot him.
.
Peggy Reist said:
Granted, the warning shot was totally unnecessary. And possibly illegal.
Click to expand...
According to what? Had the warning shot worked, it wouldn't have been unnecessary. And since Mr. Pena had know way of knowing if it would work or not, he can't be faulted much for trying. The only law I can think of that he might be charged with would be discharging a firearm within the city limits, but those laws usually exempt incidents of self defense. I charge him with wasting ammunition, but there's no law against that.
 
BluesStringer said:
Timely, isn't it? According to the OP and a few others in that thread, it's just peechy that a warning shot can land an otherwise LAC in prison for 20 years on a mandatory minimum sentence. Gotta wonder if they'd jump on a bandwagon for this guy to serve such a draconian sentence. For that matter, one might be forgiven for wondering what you think, nogods, since you're so concerned?

I don't think this particular warning shot will count against the man in this case though. The statute is about the threat of force, not the use of force, and considering that the man joined his wife and son in pumping rounds into the intruder, he clearly wasn't just threatening force, he used it. Couldn't really read the cop's body language when he said on-camera that the man fired a warning shot. I'm having herky-jerky problems with my 'puter during video playback. I could hear it fine though, and that's what the cop said, so we'll find out how much taste for depriving a man of defending himself, his family and his home based on his own decisions in light of the 20 year sentence of Marissa Alexander that inspired the law being discussed in the above linked thread.

Blues
Click to expand...

"I shot a bullet into the air, where it landed I do not care."

A warning shot is nothing but a "I'm not in enough danger to justify shooting a person so I'll just make believe I'm in a TV drama and fire a warning" shot.

Some people are too stupid to be allowed to possess a firearm.
 
The family that shoots together.....

I hope it all works out for these folks. The thing is, laws or no laws, common sense dictates that they were simply defending themselves the best they knew how. The last thing I would have on my mind is whether or not I might be charged with discarging a firearm in city limits. I suppose common sense went out the window long ago.
 
gfrlaser said:
The family that shoots together.....

I hope it all works out for these folks. The thing is, laws or no laws, common sense dictates that they were simply defending themselves the best they knew how. The last thing I would have on my mind is whether or not I might be charged with discarging a firearm in city limits. I suppose common sense went out the window long ago.
Click to expand...
Most times those charges aren't enforceable when discharging in self-defense. In NYS one may not fire a gun where there are persons to be endangered, in public, in the limits of any city UNLESS doing so in self-defense.
 
This Florida woman was sentenced to 20 years for firing a warning shot.
Link Removed

Details and circumstances are a bit different but it just goes to show you should never underestimate the zealous anti gunners out there. Warning shots are in every way imaginable a bad idea. If there is actually a threat then you have to point your weapon away from the threat in order to fire the warning shot and that is pure stupidity. If there is not real threat then there is no need to fire the weapon. If I am forced to use my weapon for self defense the only warning will be the lag time between the time when the sound of the gun shot hits their ears and the time the bullet arrives. I consider this to be plenty of warning time for anyone who is threatening the safety of my family or myself.
 
Rhino said:
It concerned them too. That's why they shot him.
.
According to what? Had the warning shot worked, it wouldn't have been unnecessary. And since Mr. Pena had know way of knowing if it would work or not, he can't be faulted much for trying. The only law I can think of that he might be charged with would be discharging a firearm within the city limits, but those laws usually exempt incidents of self defense. I charge him with wasting ammunition, but there's no law against that.
Click to expand...

In some states warning shots are definitely against the law. I'm not an expert on Florida law so that's why I said it was POSSIBLY illegal. And if you insist on a warning shot, you darn well better know what it's going to hit.
 
You must log in or register to reply here.

New Threads

Members online

No members online now.
Total: 175 (members: 0, guests: 175)

Latest posts

Forum statistics

Threads
49,545
Messages
611,262
Members
74,959
Latest member
defcon

Share this page

Back
Top