At around 8:30 in morning on April 13, two wannabe thieves entered a home by apparently slipping under a partially opened garage door. Unfortunately for them the owner was home, heard noises, got his handgun, and when he saw one of the perps he fired and killed him--no imminent danger per se but in your home the presumption of same is a legal given under Castle Doctrine and is backed up by prosecutors and courts in SC. The other perp ran out of the house but was eventually arrested. No charges will be filed. Castle Doctrine is alive and well in SC--if you are a perp you had better load up on life insurance for your kin if your methodology is entering other people's homes.
Newest SC Home Breakin and Castle Doctrine
- Thread starter kelcarry
- Start date
tcox4freedom
New member
Just one reason I really like living here.
Hey "G". Lately, if not for a long time, SC prosecutors have been getting it right all the time; just make sure you keep your mouth shut unless all you are going to say is that you were "scared to death and I thought he was going to kill me". If someone enters your home uninvited, for literally any reason they can or would have come up with, there is a presumption of imminent danger to the homeowner and all bets are off on the life of the intruder. That is the way it should be regardless of where you live and, as the other repliers have said, +1 for SC and a reason to like living here, where, if you are a homeowner, you never have to think you "acted stupidly" to take a quote from our girly man king in the whitehouse.
mappow
New member
OK Boys and Girls, HOT off the press. Please, no sympathy, just send cash. I really do believe that's what the surviving members of this guys family will try. But, I digress, please READ on.
MONCKS CORNER -- Former Berkeley High School football star Bobby Gadsden was shot in the back of the head when he was caught stealing a gun and ammunition inside a man's home last week.
A pair of handcuffs, a black butterfly knife and a cell phone were in the dead man's pockets, authorities said Monday.
Despite swirling, small-town rumors and a grieving family's Internet campaign questioning whether Gadsden's death was justified, Moncks Corner police say they have no intention of charging the 50-year-old homeowner or anyone else except for the two men police say were helping Gadsden break into the Cooper River Boulevard home.
Lt. Wendell Bowen said nothing in their investigation, including statements from one of the co-defendants, indicates that Cecil Barwick acted with anything but the appropriate force when he fired on Gadsden as the 21-year-old bounded down the stairs with the gun and ammo.
Bowen said it appears Gadsden may have had just enough time to turn when he saw Barwick at the bottom of the stairs. Barwick's one shot caught him in the back of the head, to the side.
He said the investigation has been especially difficult because Gadsden was a talented athlete who was well-liked by everyone in the community, even among some of the officers investigating his death.
"We hate to hear all the rumors because it does nothing but fuel speculation from the family," Bowen said.
Gadsden's mother, two uncles and grandmother from Newark, N.J., say they haven't received satisfactory answers from authorities since arriving Thursday in the town where Gadsden lived with a third uncle. The uncle, Tyler Williams, started a Facebook page, "Justice for Bobby L. Gadsden," demanding answers. As of Monday, the page had more than 500 "likes."
"We're not drawing any conclusions," Williams said. "We just want to make sure the laws are enforced for everyone."
Williams said they're upset because they were originally told Gadsden was shot in the chest and because Berkeley County Coroner Bill Salisbury has declined to request an autopsy or release the body to them until they authorize a funeral home to take custody of it.
Salisbury said he told Gadsden's father, an inmate in a Kentucky penitentiary, that his son died from a gunshot wound to the back of the head. He denied that anyone from his office said anything otherwise.
The coroner said an autopsy isn't needed because he already knows what caused the man's death and because there isn't going to be a criminal case into his death.
Bowen addressed some of the issues seized upon by the family. The incident report, released Monday, said Barwick shot Gadsden with a shotgun. Bowen said the officer wrote the report based on information that came from dispatchers at the time of the initial call. The investigation determined Barwick had a handgun.
Bowen also said initial statements given to reporters at the scene that Barwick walked out of the house when he first heard footsteps upstairs were incorrect. He said Barwick looked out the window -- but never left the house -- to see if a family member had arrived and then armed himself.
Bowen said there wasn't enough space or time for there to be anything but the brief confrontation between Gadsden and Barwick, who was home shaving at the time.
Investigators responding to reports that one man was still inside and another had fled found Gadsden face-down near the stairs with the handcuffs, knife and cellphone in his pocket.
Investigators traced the cellphone to two people who said they loaned the phone to 18-year-old Tyler McCoy, one of the suspects. Clifford Ramsey, also a suspect, was found a quarter-mile away, gave a statement to police saying he and McCoy were involved in the burglary with Gadsden, according to an arrest warrant.
Bowen said Ramsey, after initially deflecting questions, has been a forthcoming witness who hasn't implicated anyone else in the crime.
Williams said they will continue to seek answers and plan to demand a federal investigation.
MONCKS CORNER -- Former Berkeley High School football star Bobby Gadsden was shot in the back of the head when he was caught stealing a gun and ammunition inside a man's home last week.
A pair of handcuffs, a black butterfly knife and a cell phone were in the dead man's pockets, authorities said Monday.
Despite swirling, small-town rumors and a grieving family's Internet campaign questioning whether Gadsden's death was justified, Moncks Corner police say they have no intention of charging the 50-year-old homeowner or anyone else except for the two men police say were helping Gadsden break into the Cooper River Boulevard home.
Lt. Wendell Bowen said nothing in their investigation, including statements from one of the co-defendants, indicates that Cecil Barwick acted with anything but the appropriate force when he fired on Gadsden as the 21-year-old bounded down the stairs with the gun and ammo.
Bowen said it appears Gadsden may have had just enough time to turn when he saw Barwick at the bottom of the stairs. Barwick's one shot caught him in the back of the head, to the side.
He said the investigation has been especially difficult because Gadsden was a talented athlete who was well-liked by everyone in the community, even among some of the officers investigating his death.
"We hate to hear all the rumors because it does nothing but fuel speculation from the family," Bowen said.
Gadsden's mother, two uncles and grandmother from Newark, N.J., say they haven't received satisfactory answers from authorities since arriving Thursday in the town where Gadsden lived with a third uncle. The uncle, Tyler Williams, started a Facebook page, "Justice for Bobby L. Gadsden," demanding answers. As of Monday, the page had more than 500 "likes."
"We're not drawing any conclusions," Williams said. "We just want to make sure the laws are enforced for everyone."
Williams said they're upset because they were originally told Gadsden was shot in the chest and because Berkeley County Coroner Bill Salisbury has declined to request an autopsy or release the body to them until they authorize a funeral home to take custody of it.
Salisbury said he told Gadsden's father, an inmate in a Kentucky penitentiary, that his son died from a gunshot wound to the back of the head. He denied that anyone from his office said anything otherwise.
The coroner said an autopsy isn't needed because he already knows what caused the man's death and because there isn't going to be a criminal case into his death.
Bowen addressed some of the issues seized upon by the family. The incident report, released Monday, said Barwick shot Gadsden with a shotgun. Bowen said the officer wrote the report based on information that came from dispatchers at the time of the initial call. The investigation determined Barwick had a handgun.
Bowen also said initial statements given to reporters at the scene that Barwick walked out of the house when he first heard footsteps upstairs were incorrect. He said Barwick looked out the window -- but never left the house -- to see if a family member had arrived and then armed himself.
Bowen said there wasn't enough space or time for there to be anything but the brief confrontation between Gadsden and Barwick, who was home shaving at the time.
Investigators responding to reports that one man was still inside and another had fled found Gadsden face-down near the stairs with the handcuffs, knife and cellphone in his pocket.
Investigators traced the cellphone to two people who said they loaned the phone to 18-year-old Tyler McCoy, one of the suspects. Clifford Ramsey, also a suspect, was found a quarter-mile away, gave a statement to police saying he and McCoy were involved in the burglary with Gadsden, according to an arrest warrant.
Bowen said Ramsey, after initially deflecting questions, has been a forthcoming witness who hasn't implicated anyone else in the crime.
Williams said they will continue to seek answers and plan to demand a federal investigation.
The comments from the family are the usual "he was a good boy". I have heard that comment so many times, I want to puke. The family may not like the way he was killed but I am sure they would have little to say if he had killed Barwick. Leave it up to the newspaper to tell us he was a football star like that somehow means something.
The thief knew the danger he was putting himself in when he broke into the home. He got exactly what he needed. SCs castle doctrine extends not only to one's home but to their whole property. Break into one's out building/auto/etc. and your life is in jeprody--as it should be. I live about 20 miles from the SC line and often work there. Wish NC had similiar laws. Here one can only use lethal force when the perp is actually breaking in or if they pose imminent danger to your life or others. Horay for SC laws.
Nightmare45
NRA LIFE MEMBER
Castle Doctrine in Texas, don't wish to kill anyone, don't try to harm, rob, assualt of enter my home illegally and all is well. Criminal is always a talent wasted, maybe if his talent had been an "HONEST" job he would not have had it wasted.
H
handgonnetoter
Guest
Indiana has the Castle Doctrine as well. I'm with the rest of you guys. I don't want to shoot someone, but I also don't want them breaking into my home and trying to do my family or myself any harm. If I was forced, I would blow them away.
And you can do so with the correct and full approval of the legal system. It is interesting to read comments from the family of the dead perp--words like execution etal--never a word about why he was in the house robbing the guy. Really surprised that I have not heard the famous "racism" raised, or a possible trip here by the race baiters Jesse and Al, or a comment by our exalted leader about how the homeowner "acted stupidly".
Danno
Member
^^ Same here!
HeyShortStop: In addition to Castle Doctrine, SC has a rule on the books for citizens' arrest that dates back to olden days. If, at night (specific to night for some reason I do not understand), you perform a citizens arrest based solely on a presumption that a crime is being committed, you can use any and all means to prevent the perp from escaping even if it causes the perp's death. Bottom line--all you have to do is believe someone is doing something criminal and tell him to stand there while you call the LEO and he decides to run--you can shoot him--if it is in the back, so be it. Not my way of doing things but it is on the books and, to my knowledge, no prosecutions have ever proceeded based on this law.
whitetiger
New member
The handcuffs also show the badguy's intent to invade a house and be prepared to handcuff any person inside the home. case closed.
bufordtpisser
New member
I would like to correct one little fallacy here. It is the fallacy that the homeowner is the one that makes the decision to use deadly force. It is in fact the bad guy who elevated it to that level when he decided to break into an occupied dwelling where he had no legal right to do so. He and he alone chose deadly force. I have made a conscience decision to never use deadly force. But my conscience mind is taken out of the equation when my survival instinct or the instinct to protect my family comes into play. That is when the bad guy has taken that decision making process out of my hands. He knows dam well that he does not have the right to be in my private areas, with the intention on taking my possessions or even worse yet causing some type of harm to my family or myself. Because I did not invite him in and because he did not knock on the door and tell me of his evil intentions, or even tell me that he was going to enter my private areas, he has taken the decision out of my hands. He and he alone chose deadly force. Who am I to second guess his decision??
Same goes for me. I pray everyday when I holster-up that the only reason my gun will come out is to secure it at the end of the day. But same goes, if I'm forced to take action because a criminal wants to do me harm, I will. NY is fishy on the Castle Doc, but honestly, if someone breaks into my place (and I live in the city area) I'm assuming its not to clean my house and cook me dinner. I will protect myself and let the system do the rest. I have reason to believe no system will charge me if I defend myself, because if that should happen....Federal Court here we come.
BC1
,
The best part is that many life insurance policies won't pay if you're killed while committing a crime.
BC1
,
NY is not fishy on the castle doctrine.
NYS Penal Law S35.20(3) states that a person in possession or control of a dwelling or occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling may use deadly physical force on upon such other person when he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary. Breaking and entering or a home invasion is considered burglary. There is no duty to retreat inside the dwelling.
NYS case law strongly supports this.
BC1
,
Here's an answer for them. They may not like it but it's the truth...
He broke into someone's home with a weapon and handcuff's. He intended to commit multiple crimes including the possible slashing and restraint of his victims. He was stopped by his intended victim. The kid was no friggin good. No federal investigation needed.
Nightmare45
NRA LIFE MEMBER
Stated this before and will again, anyone, anyone, kicking my door in, or breaking into my home day or night, assuming you get past the dogs, will be in the gunfight of their life or lack there of.
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