NC Homeowner shoots, kills burglar


toreskha

Titles are un-American.
The homeowner had the right to walk into his home even while being burglarized. I agree with you. However, just because you have the means, doesn't mean you should. The homeowner made the decision to go into his home while it appeared that it was being burglarized - knowing that he might have to use lethal force. At this understanding, the homeowner is no longer protecting himself, but rather, his house. IF the homeowner had the intentions of protecting himself, he would not have went in the house. With that being said, the purpose of a CCW is for personal protection of "self." The homeowner went above and beyond what was necessary to protect himself, therefore, he might be charged with excessive force.
I can agree with you that he could have handled the situation in a way that more appropriately kept him out of a potentially bad situation. He should have called 911 immediately and withdrew to a safe position or to a neighbor's house. It's always a bad idea to get into a fight if you're not protecting yourself or someone else.

However, I think he will probably be ok in a legal sense. He certainly wasn't trespassing on his own property - he had a legal right to be there, and his attacker did not. If it went to trial, most juries would have a hard time finding against the homeowner in this situation. It may even precipitate a legislative motivation to adopt a castle doctrine, which prosecutors typically don't want to see. They'll probably just let this one rest quietly.

Florida has the castle doctrine, so homeowners can raid their own houses if they want - but I wouldn't do it unless I thought a potential victim might be inside.
 

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tattedupboy

Thank God I'm alive!
The homeowner went above and beyond what was necessary to protect himself, therefore, he might be charged with excessive force.

Not in Texas. Can't say about other states but I can tell you he would not be charged in Texas. God bless Texas.

Texas is the only state where deadly force can legally be employed in the defense of property. I'd like to see a BG try doing that there.
 

FreedomsAdvocate

New member
Texas is the only state where deadly force can legally be employed in the defense of property. I'd like to see a BG try doing that there.

That is what the Castle Doctine is all about...last I heard, TX doesn't have it. I think 12 states now have it. Last I looked ( last week?) it surprised me that TX was not included.

I will look closer, as what you say makes more sense. Maybe they just don't call it that and the media is too stupid (DUH!) to understand.
 

wuzfuz

New member
NC Homemaker

As I interpret the situation, THe homeowner had a legal right to occupy his house. the invader had no legal right to occupy that home. What is the situation in NC now, if a burglar breaks in, he now has possession of your house and you are helpless to remove him? Ridiculous. the homeowner entered and told the intruder to lie down. Instead, the intruder rushed the owner. At that point, the owner was in fear of his life or serious physical injury, and had every right under the sun to defend himself. He fired to stop the attack by a criminal who had forced entry into his hom and was in the process of attacking him. He called 911, which is what he is required to do. I really don't think they could get a jury to convict this man. If the DA has half a brain, he will decide it was a justified shooting and release the home owner and return his weapon to him.
 
G

gpbarth

Guest
That is what the Castle Doctine is all about...last I heard, TX doesn't have it. I think 12 states now have it. Last I looked ( last week?) it surprised me that TX was not included.

I will look closer, as what you say makes more sense. Maybe they just don't call it that and the media is too stupid (DUH!) to understand.

I thought in Texas, you could shoot anyone at any time in self-defense. Why would a place like the Lone Star State need a steenkin' castle doctrine? Sheez! Even in Florida, I can shoot someone on the public sidewalk if I feel threatened for my life or bodily well-being. I do - repeat: DO NOT - need to retreat. Of course, I can't shoot anyone who is retreating after looking down the barrel of my XD-40, either.
 

Glockster20

Clinging to God and guns
That is what the Castle Doctine is all about...last I heard, TX doesn't have it. I think 12 states now have it. Last I looked ( last week?) it surprised me that TX was not included.

I will look closer, as what you say makes more sense. Maybe they just don't call it that and the media is too stupid (DUH!) to understand.

My research shows 16 states. Texas was not included;

16 STATES ALLOW LEGAL USE OF DEADLY FORCE | Organized Crime Digest | Find Articles at BNET
 

tattedupboy

Thank God I'm alive!
That is what the Castle Doctine is all about...last I heard, TX doesn't have it. I think 12 states now have it. Last I looked ( last week?) it surprised me that TX was not included.

I will look closer, as what you say makes more sense. Maybe they just don't call it that and the media is too stupid (DUH!) to understand.

Actually, Castle Doctrine just codifies not making it a requirement to flee before employing deadly force, and expands the list of places where people can do it without attempting to flee first. Regardless of where they are though, deadly force can still be employed only in the defense of life, not property.
 

Red Hat

New member
Actually, Castle Doctrine just codifies not making it a requirement to flee before employing deadly force, and expands the list of places where people can do it without attempting to flee first. Regardless of where they are though, deadly force can still be employed only in the defense of life, not property.
That depends on your state and how the Castle Doctrine was written. In SC we can use deadly force in the defense of Life and Property.
 

Jes

New member
NC "castle doctrine"

NC doesn't have the castle doctrine per-se, but here is how the law is written in reference to defending your home: (I couldn't find an update on this particular case, but he should be OK with even a half-a** lawyer. As far as the homeowner was concerned the car was a neighbor's and the wind blew the door open... :pleasantry: right???)

§ 14‑51.1. Use of deadly physical force against an intruder.
(a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c) This section is not intended to repeal, expand, or limit any other defense that may exist under the common law. (1993 (Reg. Sess., 1994), c. 673, s. 1.)

*** NC castle doctrine passed the house in 2007 but died in the senate judiciary committee***
 

Robert Harper

New member
The Castle Doctrin Senate bill928 is being held hostage by Rep Debra Ross of the state judicial committee. She is not interested in anyone opinion but her own. If you want to do anything contact the other members of the Judiciay committee (NC state leg website) and call them not Debra, she doesnt care!
 

Robert Harper

New member
If you or your family are attacked in your own home and you defend yourself, you could be sued by the person who attacked you or by their family! Unbelievable!

North Carolina Senate Bill 928 would shield you and your family from vicious lawsuits should you chose to protect yourself rather than allowing an attacker to harm you or your family. This bill was widely accepted by our legislature and referred to committee prior to final approval. Representative Deborah Ross, a trial lawyer and chairperson of the Judiciary Committee, has refused to let this bill out of her committee. It has been held hostage there since May 2009.

Click here to read The Castle Doctrine for yourself, and make up your own mind whether you support this bill or not.

If you do want protection from lawyers so you can protect yourself and your family from criminals, please DO NOT call Deborah Ross at 919-733-5773 or e-mail her at [email protected].
SHE DOES NOT CARE what her constituents think and has heard from most of you already. This is a personal agenda for her and as such she is unapproachable. However her committee may be.
PLEASE CONTACT THEM…………………..

Tell them their committee chairperson is wrong and by association they are viewed as wrong although they may actually be very nice people! (Drive a wedge between them!)

Vice Chairs of this committee include:
Melanie Goodwin
919-733-5823
[email protected]
Melanie is from Hamlet, NC. Please forward this to anyone you may know in that area.

Grier Martin
919-733-5758
[email protected]
Grier is from Wake County

Paul Stam
919-733-2962
[email protected]
Paul is from Apex, NC
 

GOV5

New member
WHAT WAS THIS GUY TO DO BESIDES CALL THE POLICE? What could he do if the guy came running out of the house with valuables, maybe family heirlooms, and the cops hadn't arrived yet? Was the homeowner supposed to just let the thief get in his car and drive off. There is no assurance that the police will recover the valuables, or even catch the thief.

The thinking here, of the law, is that "stuff" can be replaced..a life can't. Well, heirlooms might not be able to be replaced, or even recovered. It might be the law that you can't use deadly force in that case, but it sure isn't right, in my opinion.

That house, and it's contents, should be able to be protected...by the owner OR a neighbor...like in neighborhood watch. If thieves now that they can't get shot during a home invasion, if they get caught in the act, what kind of message does that send to the criminal community? Hey, I can't get shot, and my chances of getting away before the police get there are pretty good too. It's a win-win situation for the criminals. Everybody wants to stop crime, but when someone takes action against a criminal, they face prosecution. I don't think that's the way to get a handle on crime.

Look, I don't want to kill anybody, but there needs to also be at least ONE place on this earth that you should have the absolute assurance that there is safety...and that is your HOME! The police do great work, but they can't be everywhere at every time they are needed.
 

Robert Harper

New member
This is EXACTLY why we need the castle doc law Senate bill 928 that is singlehandedly held hostage in the NC state house judiciary committee by the Chairperson, Dbra Ross With whom I have met and who DOES NOT CARE about the public. If you want to do something donate to the reelection of Sen Berger who sponsored the bill and call other state legislators and get the to get Debra Ross off the committe so we can set this bill free!
 

Thunder69

Impeach Obama !!!
Thanks for the Info Robert. I will be sending emails and making phone calls. Been wondering about the hold up on this, I was aware they were making progress a while back and then nothing.. Maybe with elections around the corner they and her will want to listen now?:unsure:
 

-06

New member
Not advocating anything illegal but if someone comes on me in my home they would certainly have had a kitchen knife to threaten me with. That way there is no doubt as to the danger to your life. If you ever do have to use deadly force be sure to remember these words "I WAS IN FEAR FOR MY LIFE". Do not say that you were angry or mad. Best thing is to wait for your attorney to advise you. Perp's families will sue you even if the DA tosses the case.
 

GOV5

New member
"Perp's families will sue you even if the DA tosses the case."

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX B N M

Not in S.C. The law states that there can be no civil action taken against you.
 

GOV5

New member
That depends on your state and how the Castle Doctrine was written. In SC we can use deadly force in the defense of Life and Property.

Red Hat, I got a different answer than that from the local police, who checked with the City Attorney also. In the home, there is no problem. But my question was : " Can i shoot someone who is breaking into my car in the driveway, when I hear the noise from within my house, and I come out to confront the thief?"

This is a pretty common occurrence in a lot of places. Car break-ins happen all the time.

The answer I got was a DEFINITE "NO!" In this situation, my life was not in danger and I do not have legal authority to use deadly force. Once again, this is consistent with the stance that "stuff" can be replaced, a life can't.
 

Robert Harper

New member
Debra Ross may need to be recalled and removed from office if this bill is to ever move forward. No one is running against her. There is a small group starting a recall vote but I have little details on that.
 

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