Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Site Notices
Arrow Left Previous Page
Page / 2
Posted: 1/4/2012 8:12:29 AM EST
[Last Edit: 1/4/2012 8:13:05 AM EST by RShaw]
http://www.yahoo.com/_ylt=AmkMD48tn9qXtR027Qcb8yWbvZx4;_ylu=X3oDMTVobWtmNWd0BGEDMTIwMTA0IG5ld3MgYWJjIG9ha­2xhaG9tYSBzaG9vdGluZyA5LzExIHQEY2NvZGUDcHpidW­FsbGNhaDUEY3BvcwMyBGcDaWQtMTA0MzI1NgRpbnRsA3V­zBG1jb2RlA3B6YnVhbGxjYWg1BG1wb3MDMgRwa2d0AzIE­cGtndgMxBHBvcwMxBHNlYwN0ZC1ud3MEc2xrA3RpdGxlB­HRlc3QDNzAxBHdvZQMxMjc3MzA1MA––/SIG=13be10ov0/EXP=1325787119/**http%3A//gma.yahoo.com/okla-woman-shoots-kills-intruder-911-operators-okay-091106413.html[/URL]

Good shoot

ETA: I thought I could hot link. Guess not... Sorry
Link Posted: 1/4/2012 8:18:53 AM EST
Thank you!
Link Posted: 1/4/2012 8:20:31 AM EST
AND the accomplice gets charged with manslaughter??? please say yes, OK
Link Posted: 1/4/2012 8:25:48 AM EST
Good, fuck that POS.
Link Posted: 1/4/2012 8:26:11 AM EST
Good for her, i would do the same if someone threatened me, doubly so if i had one of my young nephews nearby, scumbag
Link Posted: 1/4/2012 8:54:46 AM EST
And the dispatcher needs a commendation!
Link Posted: 1/4/2012 8:56:12 AM EST
I don't see why someone would ask a 911 dispatcher for a go-ahead...?
Link Posted: 1/4/2012 8:58:21 AM EST
[Last Edit: 1/4/2012 8:59:37 AM EST by Cole2534]
911 told my roommate the same thing when someone tried to break into our house.

They didn't stay on the line with us, but they did call back before the cops would get out of their car.

Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


You don't see how the people who send the cops out could be seen as an authority, particularly when your house is being attacked by a couple of guys?
Link Posted: 1/4/2012 9:00:37 AM EST
good shoot!!
Link Posted: 1/4/2012 9:00:52 AM EST
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.
Link Posted: 1/4/2012 9:01:56 AM EST
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


Because she was scared out of her mind?

That is an impressive young woman.
Link Posted: 1/4/2012 9:02:36 AM EST

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.
Link Posted: 1/4/2012 9:02:37 AM EST
Well, Oklahoma has many faults (mostly in the form of the Sooners) but I have to say that the state shows a lot of common sense on self-defense laws.
Link Posted: 1/4/2012 9:02:59 AM EST
Originally Posted By Cole2534:
911 told my roommate the same thing when someone tried to break into our house.

They didn't stay on the line with us, but they did call back before the cops would get out of their car.

Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


You don't see how the people who send the cops out could be seen as an authority, particularly when your house is being attacked by a couple of guys?


No I don't.
Link Posted: 1/4/2012 9:05:42 AM EST
Originally Posted By esa17:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


Because she was scared out of her mind?

That is an impressive young woman.


This is impressive:

Two illegal aliens, Ralphel Resindez, 23, and Enrico Garza, 26, probably believed they would easily overpower home-alone 11-year-old Patricia Harrington after her father had left their Two-story home. It seems the two crooks never learned two things: they were in Montana and Patricia had been a clay-shooting champion since she was nine.

Patricia was in her upstairs room when the two men broke through the front door of the house. She quickly ran to her father’s room and grabbed his 12-gauge Mossberg 500 shotgun.

Resindez was the first to get up to the second floor only to be the first to catch a near point blank blast of buckshot from the 11-year-old’s knee-crouch aim. He suffered fatal wounds to his abdomen and genitals.

When Garza ran to the foot of the stairs, he took a blast to the left shoulder and staggered out into the street where he bled to death before medical help could arrive.

It was found out later that Resindez was armed with a stolen 45-caliber handgun he took from another home invasion robbery. That victim, 50-year-old David 0′Burien, was not so lucky. He died from stab wounds to the chest
Link Posted: 1/4/2012 9:05:59 AM EST
Originally Posted By MrYar:
Originally Posted By Cole2534:
911 told my roommate the same thing when someone tried to break into our house.

They didn't stay on the line with us, but they did call back before the cops would get out of their car.

Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


You don't see how the people who send the cops out could be seen as an authority, particularly when your house is being attacked by a couple of guys?


No I don't.


Have you ever watched someone try to break into your home while you're inside? It is most unnerving.
Link Posted: 1/4/2012 9:06:40 AM EST
Originally Posted By LinkedM4:
AND the accomplice gets charged with manslaughter??? please say yes, OK


should be murder 1.

I wonder how much people have to go through sometimes, losing her husband to cancer, then piles of shit coming to the house.
Link Posted: 1/4/2012 9:10:21 AM EST
Wow, what a messed up couple of weeks. Father/ husband dies a couple months after birth of son, than home invasion!!!

Hats off to her.
Link Posted: 1/4/2012 9:10:22 AM EST
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


"I can't tell you that you can do that but you do what you have to do to protect your baby," the dispatcher told her. McKinley was on the phone with 911 for a total of 21 minutes.

Link Posted: 1/4/2012 9:17:36 AM EST

Originally Posted By stoner01:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


"I can't tell you that you can do that but you do what you have to do to protect your baby," the dispatcher told her. McKinley was on the phone with 911 for a total of 21 minutes.


I agree. There is no "okay to shoot" in the story.
Link Posted: 1/4/2012 9:20:48 AM EST
[Last Edit: 1/4/2012 9:42:37 AM EST by TangoPapa]
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a 12 gauge.

Link Posted: 1/4/2012 9:22:28 AM EST
that lady speaks the truth..

fuck with a mom and her cub at your own fucking peril.
Link Posted: 1/4/2012 9:25:52 AM EST
Brave girl
Link Posted: 1/4/2012 9:26:11 AM EST
Originally Posted By delemorte:
that lady speaks the truth..

fuck with a mom and her cub at your own fucking peril.



Absolutely. My wife would not hesitate to face any danger to keep our children safe.
Link Posted: 1/4/2012 9:27:11 AM EST
Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.



Govt authorized the execution of an individual without due process, one could argue. Anyone with a brain knows how crazy lawsuits have been lately. Though not sure everyone here has a brain

(sorry I'm trying to start a new thing where I delve down to the depths of the average arfcomer with borderline personal attacks where I ride just on the side of being COC #7 compliant).
Link Posted: 1/4/2012 9:33:34 AM EST
Originally Posted By MrYar:
Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.



Govt authorized the execution of an individual without due process, one could argue. Anyone with a brain knows how crazy lawsuits have been lately. Though not sure everyone here has a brain

(sorry I'm trying to start a new thing where I delve down to the depths of the average arfcomer with borderline personal attacks where I ride just on the side of being COC #7 compliant).


so your trying to troll?
Link Posted: 1/4/2012 9:34:53 AM EST
Originally Posted By MrYar:
This is impressive:

Two illegal aliens, Ralphel Resindez, 23, and Enrico Garza, 26, probably believed they would easily overpower home-alone 11-year-old Patricia Harrington after her father had left their Two-story home. It seems the two crooks never learned two things: they were in Montana and Patricia had been a clay-shooting champion since she was nine.

Patricia was in her upstairs room when the two men broke through the front door of the house. She quickly ran to her father’s room and grabbed his 12-gauge Mossberg 500 shotgun.

Resindez was the first to get up to the second floor only to be the first to catch a near point blank blast of buckshot from the 11-year-old’s knee-crouch aim. He suffered fatal wounds to his abdomen and genitals.

When Garza ran to the foot of the stairs, he took a blast to the left shoulder and staggered out into the street where he bled to death before medical help could arrive.

It was found out later that Resindez was armed with a stolen 45-caliber handgun he took from another home invasion robbery. That victim, 50-year-old David 0′Burien, was not so lucky. He died from stab wounds to the chest


Snopes says fake:

http://www.snopes.com/politics/crime/homeinvasion.asp
Link Posted: 1/4/2012 9:36:37 AM EST

Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.


I cannot imagine a case where a 911 Operator could or would be found to be a competent authority to speak on matters of law or use of deadly force. They aren't trained to do either (as far as I know) and hold no legal position to commit the jurisdiction legally. I expect that this particular operator knew that and specifically did not tell the caller to shoot - because they are trained that they have no such authority.

A 911 phone operator answers calls and engages local emergency resources consistent with policy. They are neither a judge, jury, or prosecutor.

Link Posted: 1/4/2012 9:36:53 AM EST
Originally Posted By MrYar:
Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.



Govt authorized the execution of an individual without due process, one could argue. Anyone with a brain knows how crazy lawsuits have been lately. Though not sure everyone here has a brain

(sorry I'm trying to start a new thing where I delve down to the depths of the average arfcomer with borderline personal attacks where I ride just on the side of being COC #7 compliant).


There are two sides to every legal argument.

At the end of the day I would rather deal with the legal ramifications that come when you kill an intruder, then let the scumbag kill my wife or I.

Link Posted: 1/4/2012 9:36:59 AM EST
Same woman from this thread: http://www.ar15.com/forums/t_1_5/1272542_Blanchard__OK_self_defense_case___18_year_old_widow_who_shot_intruder_will_be_on_GMA_Wednesday_morn_.html

18 years old with 3 month old baby, widowed on Christmas, dogs killed (I think) a few weeks ago. It's a brave woman who doesn't give up under all of that.
Link Posted: 1/4/2012 9:37:01 AM EST
Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.


That's a little gun. You'll only anger the attacker.

Link Posted: 1/4/2012 9:40:21 AM EST
Originally Posted By LinkedM4:
AND the accomplice gets charged with manslaughter??? please say yes, OK


Not sure about OK, but here that can get you murder charges

Link Posted: 1/4/2012 9:42:00 AM EST
[Last Edit: 1/4/2012 9:46:36 AM EST by TangoPapa]
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.


I cannot imagine a case where a 911 Operator could or would be found to be a competent authority to speak on matters of law or use of deadly force. They aren't trained to do either (as far as I know) and hold no legal position to commit the jurisdiction legally. I expect that this particular operator knew that and specifically did not tell the caller to shoot - because they are trained that they have no such authority.

A 911 phone operator answers calls and engages local emergency resources consistent with policy. They are neither a judge, jury, or prosecutor.



In the particular audio clip I mentioned the dispatcher had asked local law enforcement if the homeowner was authorized to shoot. So the woman on the phone technically had police approval.

I know that a police dispatcher has zero legal training, all I am saying is that it is a decent legal argument. At the end of the day it didn't matter if the dispatcher said it was okay or not because under her state laws she was authorized to shoot a home intruder.

BRB I'll go find that clip.


Link Posted: 1/4/2012 9:42:31 AM EST
Fucking A. Good shoot, good dispatcher. We should buy her some ammo.
Link Posted: 1/4/2012 9:50:27 AM EST
i bet that accomplice crapped his pants when he saw his buddies chest explode!
Link Posted: 1/4/2012 9:53:48 AM EST
Originally Posted By MrYar:
Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.



Govt authorized the execution of an individual without due process, one could argue. Anyone with a brain knows how crazy lawsuits have been lately. Though not sure everyone here has a brain

(sorry I'm trying to start a new thing where I delve down to the depths of the average arfcomer with borderline personal attacks where I ride just on the side of being COC #7 compliant).


Link Posted: 1/4/2012 9:57:25 AM EST
Originally Posted By MrYar:
Originally Posted By esa17:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


Because she was scared out of her mind?

That is an impressive young woman.


This is impressive:

Two illegal aliens, Ralphel Resindez, 23, and Enrico Garza, 26, probably believed they would easily overpower home-alone 11-year-old Patricia Harrington after her father had left their Two-story home. It seems the two crooks never learned two things: they were in Montana and Patricia had been a clay-shooting champion since she was nine.

Patricia was in her upstairs room when the two men broke through the front door of the house. She quickly ran to her father’s room and grabbed his 12-gauge Mossberg 500 shotgun.

Resindez was the first to get up to the second floor only to be the first to catch a near point blank blast of buckshot from the 11-year-old’s knee-crouch aim. He suffered fatal wounds to his abdomen and genitals.

When Garza ran to the foot of the stairs, he took a blast to the left shoulder and staggered out into the street where he bled to death before medical help could arrive.

It was found out later that Resindez was armed with a stolen 45-caliber handgun he took from another home invasion robbery. That victim, 50-year-old David Burien, was not so lucky. He died from stab wounds to the chest


Sounds like dad trained that little girl right.

Good job to the OK woman also.
Link Posted: 1/4/2012 10:23:25 AM EST
"McKinley was on the phone with 911 for a total of 21 minutes."

––on the surface, seems to be a problem with PO response; although this example wholly deflates any anti-self defense argument that the "police can protect you."
Link Posted: 1/4/2012 10:25:53 AM EST
Is it me or are we winning the gun control issue?

Link Posted: 1/4/2012 10:30:06 AM EST
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


She's 18 and female. Plus in this case it's on record she tried to get cops there first and the whole scenario is detailed. That 911 recording is the best legal defence in the world imo.

I'm not saying it should be nessicary, but I can understand why she asked. Not everyone has had years of going over situations in thier head and having shoot - no shoot outcomes pre-planned.

On the downside now the layout of her house and what she owns is publicly known, big opsec fail
Link Posted: 1/4/2012 10:30:11 AM EST
Originally Posted By chris65:
"McKinley was on the phone with 911 for a total of 21 minutes."

––on the surface, seems to be a problem with PO response; although this example wholly deflates any anti-self defense argument that the "police can protect you."


21 minutes during a home invasion.. good lord... if i get 21 minutes to prepare for a home invasion those mother fuckers are going to be walking into a world of hurt.
Link Posted: 1/4/2012 10:31:21 AM EST
Originally Posted By SgtKiwi:
Originally Posted By LinkedM4:
AND the accomplice gets charged with manslaughter??? please say yes, OK


Not sure about OK, but here that can get you murder charges



From my time in OK I believe that is the case there too.
Link Posted: 1/4/2012 10:42:42 AM EST
Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By CWO:

Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.

I don't think that is "evidence".


I'm missing the part of the story where the 911 operator told her it was "okay" to shoot.


One could argue that the dispatcher is acting as an "agent" of the state, city, or town. At the very least the dispatcher is representing the law enforcement agency in the area. If the dispatcher gives me the okay to defend yourself then IMO the state is giving me the okay to defend myself. I think it would be very simple to get a prosecutor to rule the shooting justifiable if the dispatcher says its okay to shoot the intruder.

I don't think the dispatcher in this case specifically said that she was authorized to shoot the intruder but...

There was another audio recording floating around the internet where the dispatcher does give the authorization to use deadly force when a man was breaking into an elderly womans home. She ended up shooting and killing the guy with a .12 gauge.


I cannot imagine a case where a 911 Operator could or would be found to be a competent authority to speak on matters of law or use of deadly force. They aren't trained to do either (as far as I know) and hold no legal position to commit the jurisdiction legally. I expect that this particular operator knew that and specifically did not tell the caller to shoot - because they are trained that they have no such authority.

A 911 phone operator answers calls and engages local emergency resources consistent with policy. They are neither a judge, jury, or prosecutor.



In the particular audio clip I mentioned the dispatcher had asked local law enforcement if the homeowner was authorized to shoot. So the woman on the phone technically had police approval.

I know that a police dispatcher has zero legal training, all I am saying is that it is a decent legal argument. At the end of the day it didn't matter if the dispatcher said it was okay or not because under her state laws she was authorized to shoot a home intruder.

BRB I'll go find that clip.

http://youtu.be/e4Z_2oU9B2o


The dispatcher specifically says, for the recording, "County 13 is advising..." Dispatchers are trained they are not to give legal advice. She did not (in this clip.) She simply stated, "A law enforcement officer says it's okay to defend your property." In the OP's clip, the dispatcher didn't specifically authroize the use of deadly force, but did tell the woman she could "do what she has to do to defend her baby." I could see where this is an arguable point for prosecution. However, I seriously doubt any district attorney will choose to prosecute. A civil lawsuit, OTOH, well...draw your own conclusions.
Link Posted: 1/4/2012 10:42:48 AM EST
Originally Posted By LinkedM4:
AND the accomplice gets charged with manslaughter??? please say yes, OK


Murder...IIRC the "felony murder" rule should come into effect here.
Link Posted: 1/4/2012 10:44:43 AM EST
god bless America
Link Posted: 1/4/2012 10:48:41 AM EST
Originally Posted By TangoPapa:
Originally Posted By MrYar:
I don't see why someone would ask a 911 dispatcher for a go-ahead...?


It gives you one more piece of evidence in your corner when the prosecutor comes knocking.


+1
I might not delay shooting, but if I can get the 911 operator to give support to the decision beforehand I'm all for it.
Link Posted: 1/4/2012 10:57:37 AM EST
good for her specially after she just lost her husband

glad she and her baby came out on top

Link Posted: 1/4/2012 10:58:39 AM EST
Originally Posted By chris65:
"McKinley was on the phone with 911 for a total of 21 minutes."

––on the surface, seems to be a problem with PO response; although this example wholly deflates any anti-self defense argument that the "police can protect you."


Have you ever been a police officer on New Year's Eve night? Alright then... Now, if you want to get a law on the books banning all fireworks, and making it a felony to fire guns off on NYE, and put 200% more police officers on the street for NYE, then by all means, we'll be happy to cut the response times to priority calls down. But as long as we have to keep going to some whiney ass bitching about their neighbor throwing a NYE party, or the fireworks (aka Gunfire), or the legitimate gunfire calls, then we will get there as soon as possible.

This girl did good as far as I can see. Damn good.
Link Posted: 1/4/2012 11:03:41 AM EST
[Last Edit: 1/4/2012 11:04:06 AM EST by Old_Painless]
Link Posted: 1/4/2012 11:05:48 AM EST
Scratch one less dirtbag, good shoot.
Arrow Left Previous Page
Page / 2
Top Top