(Continued from previous post)
You are sitting in your gun room one Saturday afternoon, getting your favorite pistol ready for the IDPA match tomorrow. You hear a noise in your living room, and go out front to investigate. You encounter a teen-age boy (you find out from the newspapers the next day that he is only 13) holding a knife and going through your stuff. The “boy”, who is six feet tall and weighs 185 pounds, makes a gesture at you with the knife, and you reasonably interpret that as an attack or the precursor to an attack. You draw your IDPA pistol and fire two quick shots to center of mass, killing
the “boy.”
As soon as the police come (and I hope it was you who first called them), YOU WILL BE ARRESTED. A “castle doctrine” statute or not, YOU WILL BE ARRESTED. Your gun will be confiscated. Most likely, you will be booked into the local County Jail and charged with First Degree Murder!
Now, let’s look at how this comes out WITHOUT a “castle doctrine” statute or a clear case (judicial decision) setting out that same doctrine as being the law in your state. If you have a typical anti-gun police department or District Attorney, you will be charged with First Degree Murder for killing a poor little 13-year old boy! Murder is not a bailable offense, so you may spend the next six months in jail, awaiting trial. You still have an AFFIRMATIVE DEFENSE that your actions were reasonable self-defense. However, that affirmative defense (all affirmative defenses, actually) MUST BE PRESENTED AT TRIAL to the Jury. Meanwhile, you stay in the slammer while
the newspapers do their best to paint you as a baby-killer. After six months in jail, about $20,000 in legal fees (that’s probably on the low side), and the not inconsiderable risk that you will be convicted by a Jury who is selected by the District Attorney to be anti-gun, you will probably be acquitted. You don’t get back any of your time, money or reputation. And, about a year later, you will be served with a
Summons and Complaint in a Civil Action in which the mother (only known parent) of the intruder is suing you for $10,000,000. Her attorney, Joe Cockroach, is on TV poisoning the jury pool again.
Continued in next post