homeowner was charged with manslaughter for shooting at home invasion suspects

Allen

Founding Member
Founding Member
Joined
Apr 24, 2015
Posts
11,558
Likes
2,962
Points
783
Location
Lincoln, kinda...
Just another story with no winners, only losers.


Anyone else remember the good old days where one of the most common phrases in a movie was "stop, or I'll shoot"? Yeah, mostly said by cops in the movies, but the truth is there used to be a lot of acceptance to shoot someone if they were trying to escape apprehension.

- - - Updated - - -

I guess we are a kinder, gentler nation now.
 


watson

Founding Member
Founding Member
Joined
May 2, 2015
Posts
1,931
Likes
529
Points
358
Location
SE corner of ND
No doubt he is screwed in the backward court system of today, but here is how I will defend this guy. 1-teenagers "casing the house"? That does not sound like inexperienced kids, that sounds like criminals who have a history of breaking and entering. 2- this is an older man in a rural area by himself, we do not know his physical condition or his mindset, and who is to say they weren't already trying to break in and he interrupted them? 3- its my understanding they were still on his property, why is it against the law to be defending your own property? These are just my thoughts on it and as I already said he has no rights in our messed up joke of a legal system.
 

dean nelson

Founding Member
Founding Member
Joined
Jul 17, 2015
Posts
8,270
Likes
67
Points
308
Location
Bismarck
Because even a cop can't shoot someone for stealing a car until they do something to threaten life and limb. You realize by that line of thinking a farmer could summarily execute a trespasser who was shooting pheasants on his property.
 

Obi-Wan

Founding Member
Founding Member
Thread starter
Joined
May 15, 2015
Posts
10,045
Likes
7,684
Points
1,008
Location
Bismarck
Couldn't the two hoods be charged with manslaughter as the were commuting a crime when the third thug was shot. I believe if someone is killed in the proses of a crime all the participants can be held liable the death even if they didn't pull the trigger
 


Fritz the Cat

Founding Member
Founding Member
Joined
May 11, 2015
Posts
5,478
Likes
1,222
Points
558
The Castle Doctrine says a person should retreat to their dwelling. If the intruder kicks in the door with deadly force then it is met with deadly force. The Stand Your Ground law says if a person does not have a dwelling to retreat to , then protect yourself if you feel your life is in danger. A person also has a right to protect property. I would suppose if bad actors were throwing Molotov Cocktails up on your roof or through your windows a person can do something about it.

This deal is a little different. According to the story, they were running away. A warning shot into the ground would have hurried them along their way.

North Dakota Law:


When deadly force is used in lawful self-defense, or in lawful defense of others, if such force is necessary to protect the actor or anyone else against death, serious bodily injury, or the commission of a felony involving violence, An individual is not required to retreat within or from that individual's dwelling or place of work or from an occupied motor home or travel trailer, unless the individual was the original aggressor or is assailed by another individual who the individual knows also dwells or works there or who is lawfully in the motor home or travel trailer. Also, deadly force is permitted in defense of property when used by an individual in possession or control of a dwelling, place of work, or an occupied motor home or travel trailer, or by an individual who is licensed or privileged to be there, if the force is necessary to prevent commission of arson, burglary, robbery, or a felony involving violence upon or in the dwelling, place of work, or occupied motor home or travel trailer, and the use of force other than deadly force for these purposes would expose any individual to substantial danger of serious bodily injury.
 

H82bogey

Founding Member
Founding Member
Joined
Jul 23, 2015
Posts
1,890
Likes
16
Points
216
Location
Bismarck
So a concealed permit would have stopped this? Common sense would have, maybe a ccw not! That's like saying a drivers license will stop people from breaking traffic laws.

Never said it would have stopped it. But I do believe there needs to be better education on repercussions of self defense with a fire arm. I know for a fact, that some cops will tell you to empty your clip into someone in a self defense situation. If you do that, you will probably be charged with manslaughter.
 

Obi-Wan

Founding Member
Founding Member
Thread starter
Joined
May 15, 2015
Posts
10,045
Likes
7,684
Points
1,008
Location
Bismarck
I know this is a different situation but it has some similarities


No charges for Sunrise homeowner who shot, killed burglar; two accused accomplices face murder charges



http://www.sun-sentinel.com/local/b...burglary-shooting-arrests-20161129-story.html

- - - Updated - - -

Here are a couple more where the accomplices were charged

http://www.google.com/url?sa=t&rct=...FDXv91NrSRTYksBqpFqxhA&bvm=bv.145822982,d.amc


http://www.google.com/url?sa=t&rct=...BpWa7AZt_8_yaLMiqMi7ow&bvm=bv.145822982,d.amc
 

svnmag

Founding Member
Founding Member
Joined
Apr 20, 2015
Posts
20,261
Likes
4,797
Points
958
Location
Here
Never said it would have stopped it. But I do believe there needs to be better education on repercussions of self defense with a fire arm. I know for a fact, that some cops will tell you to empty your clip into someone in a self defense situation. If you do that, you will probably be charged with manslaughter.


Keep applying force until you believe the threat is neutralized.
 


H82bogey

Founding Member
Founding Member
Joined
Jul 23, 2015
Posts
1,890
Likes
16
Points
216
Location
Bismarck
Keep applying force until you believe the threat is neutralized.

I agree with that statement, however, if you have witnesses and after 2 shots the threat is neutralized and you put 5+ more shots into the perp, good luck defending that in a court room. A prosecutor will have a field day with that one.
 

eyexer

Founding Member
Founding Member
Joined
Apr 20, 2015
Posts
13,742
Likes
736
Points
438
Location
williston
Never said it would have stopped it. But I do believe there needs to be better education on repercussions of self defense with a fire arm. I know for a fact, that some cops will tell you to empty your clip into someone in a self defense situation. If you do that, you will probably be charged with manslaughter.
anybody with a piss ant sized brain knows you don't shoot somebody in the back running away outside your home lol. If you don't know that then you go to jail.
 

svnmag

Founding Member
Founding Member
Joined
Apr 20, 2015
Posts
20,261
Likes
4,797
Points
958
Location
Here
I agree with that statement, however, if you have witnesses and after 2 shots the threat is neutralized and you put 5+ more shots into the perp, good luck defending that in a court room. A prosecutor will have a field day with that one.

That's not what I said. You're grasping at straws now.
 

H82bogey

Founding Member
Founding Member
Joined
Jul 23, 2015
Posts
1,890
Likes
16
Points
216
Location
Bismarck
That's not what I said. You're grasping at straws now.

No kidding. That's why I agreed with your statement. I was simply trying to make the point that in a self defense situation there is a line and if it's crossed it goes from being self defense to a criminal act.
 


Sum1

Founding Member
Founding Member
Joined
Apr 28, 2015
Posts
4,994
Likes
602
Points
378
Location
Bismarck
So under ND law it is permissible to use deadly force in defence of property? So if I wake up in the middle of the night and a couple hoodlums are stealing tackle out of my boat I can shoot'em?
 

Kurtr

Founding Member
Founding Member
Joined
Apr 12, 2015
Posts
20,125
Likes
5,385
Points
1,008
Location
Mobridge,Sd
So under ND law it is permissible to use deadly force in defence of property? So if I wake up in the middle of the night and a couple hoodlums are stealing tackle out of my boat I can shoot'em?


only if they are dh customs
 

sweeney

Founding Member
Founding Member
Joined
Apr 27, 2015
Posts
2,829
Likes
202
Points
348
Location
mandan
Never said it would have stopped it. But I do believe there needs to be better education on repercussions of self defense with a fire arm. I know for a fact, that some cops will tell you to empty your clip into someone in a self defense situation. If you do that, you will probably be charged with manslaughter.
Maybe the state you buy a gun in should give you that information at purchase rather than having to take a ccw open book test.

- - - Updated - - -

all comes down to common sense and gun owner responsibility to me.
 

Norske

Founding Member
Founding Member
Joined
Apr 24, 2015
Posts
600
Likes
5
Points
143
Location
Moorhead, MN
During the classroom sessions for both my last ND CCW (taught by a Chief of Police) and my current MN CCW, we were told that even if a court determines the shooting was justified, we would be spending around $50,000 in legal defense costs. Our liability insurance may not cover that expense.
My flat screen TV was bought for around $600, and I don't even own a vehicle worth $50,000. I won't be shooting anyone that isn't threatening my life or health.
 


Recent Posts

Friends of NDA

Top Posters of the Month

  • This month: 119
  • This month: 40
  • This month: 35
  • This month: 30
  • This month: 21
  • This month: 21
  • This month: 21
  • This month: 20
  • This month: 16
  • This month: 15
Top Bottom