User Panel
Posted: 1/31/2011 4:24:27 AM EDT
A homeowner was arrested Saturday after he reportedly shot a man who tried to break into his home. More in the link.
Link to story |
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Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man.
Louisiana is not like Texas w/r/t to trespassers, right? |
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Good shoot (IMHO)
The law of the land should be "if you are shot and killed during the commission of a crime or fleeing from the scene of a crime, the shooter (i.e. victim) shall be held harmless both criminally and civilly." Don't want to be shot and killed, don't commit crimes. Pretty simple concept. |
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Screwed up when he chased him. Should have shot him in the house. In la you have no
duty to retreat, but you can't shoot them if they are running from you. |
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Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man.
Louisiana is not like Texas w/r/t to trespassers, right? well damn. he shot the man in the street, while he was running away. it doesnt matter where you are in the country, thats gona get you in deep shit. |
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If he shot the guy in the back, then he is done.
The problem is he chased him out of the house then shot him. I don't know why he did not shoot him in the house? Max |
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this goes way beyond castle doctrine.
I think only in TX would this be legal... |
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It sounds like the guy screwed up, but I am not going to lose any sleep over the death of a burglar. I despise them more than I can say.
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Bad shoot.
Tennessee V. Garner applies to citizens as well as police officers. |
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Bad shoot IMO
Once the threat has left the home and you have given chase, you are now the aggressor. (At least that's the way it is in Ohio) |
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Bad shoot. Tennessee V. Garner applies to citizens as well as police officers. Tennessee v. Garner itself does not and cannot apply to private (non-government) actors - it was decided on 4th Amendment grounds, limiting the circumstances under which deadly force may be used to "seize" a fleeing suspect. I do agree, for other reasons, that this was probably a bad shoot legally if the article is accurate and the burglar was in fact fleeing. From the subjective/moral standpoint ... I have trouble feeling bad for the burglar. |
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A girl I dated in high school married a guy who was a total asshole. They moved down to Charleston, SC, and shortly thereafter some guy broke into their apartment in the middle of the night. The wife woke up and screamed, and the husband chased the guy down the street into the next block and shot him in the back with a shotgun.
It turned out that the husband was a convicted felon, and wasn't even supposed to have a gun. Plus the fact that he shot the guy in the back. But it happened in South Carolina, and the shooter was white and the shootee was black. No charges were filed. |
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Quoted: It sounds like the guy screwed up, but I am not going to lose any sleep over the death of a burglar. I despise them more than I can say. |
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In Nevada they used to have a Law that you could chase someone for 3 1/2 miles and shoot them. The reason for that distance was that, that was what they figured a horse could run before it gave out.
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Shooting someone who is in retreat is generally a bad idea in the eyes of the law.
But it wouldn't stop me from plugging a murderer, rapist, or child molester who is in the act of fleeing from the scene of the crime. CJ |
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Quoted: Quoted: Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man. Louisiana is not like Texas w/r/t to trespassers, right? well damn. he shot the man in the street, while he was running away. it doesnt matter where you are in the country, thats gona get you in deep shit. Read TX law. You're wrong. Also, http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy |
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Bad shoot. Tennessee V. Garner applies to citizens as well as police officers. Tennessee v. Garner itself does not and cannot apply to private (non-government) actors - it was decided on 4th Amendment grounds, limiting the circumstances under which deadly force may be used to "seize" a fleeing suspect. I do agree, for other reasons, that this was probably a bad shoot legally if the article is accurate and the burglar was in fact fleeing. From the subjective/moral standpoint ... I have trouble feeling bad for the burglar. Although the SCOTUS did not specifically address citizens in its decision, it is used as a guideline regarding the use of deadly force for civilians in many states, including Nevada. |
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Quoted: Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man. Louisiana is not like Texas w/r/t to trespassers, right? Only the police can do that. |
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If a crook is running away, then they are no longer a threat and you cannot (and should not ) shoot.
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If he shot the guy in the back, then he is done. The problem is he chased him out of the house then shot him. I don't know why he did not shoot him in the house? Max Good question. |
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If a crook is running away, then they are no longer a threat and you cannot (and should not ) shoot. I'm betting he realizes his life of crime is wrong and turns over a new leaf. Zero chance he'll try to victimize someone else. Sorry, I have no sympathy for the guy. |
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It's a bad shoot according to Louisiana law, but my prediction is that he will never be convicted. Even in Baton Rouge, no jury is going to convict him, and it's possible that the DA will plea the case out.
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Good shoot IMO! However, in the laws eyes that was a terrible horrible no good very bad shoot. NOT IN THE STREET DUDE!!!
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Quoted:
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Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man.
Louisiana is not like Texas w/r/t to trespassers, right? well damn. he shot the man in the street, while he was running away. it doesnt matter where you are in the country, thats gona get you in deep shit. Read TX law. You're wrong. Also, http://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy Still wrong. In Texas you can only use deadly force on a fleeing person if it is NIGHT, and they are escaping with someone's PROPERTY. It doesn't have to be your property. All this bullshit about Texas being some wild west where you can plug any criminal you want gang-land style, then twirl your 6-shooter into your holster is really old. A Wikipedia article about Joe Horn IS NOT Texas law. |
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Quoted: Good shoot (IMHO) The law of the land should be "if you are shot and killed during the commission of a crime or fleeing from the scene of a crime, the shooter (i.e. victim) shall be held harmless both criminally and civilly." Don't want to be shot and killed, don't commit crimes. Pretty simple concept. A agree good shoot, the man stopped a criminal. |
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If he shot the guy in the back, then he is done. The problem is he chased him out of the house then shot him. I don't know why he did not shoot him in the house? Max Why should the victim of a crime have to clean up the mess from inside his house. |
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Yep, it's not going to go well for him; and I too don't feel bad about the burgler.
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Just can't shoot after a threat is longer imminent.
Criminal still got what he deserved.
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You still get into deep shit in Texas - but luckily you often can pull yourself out of it. Horn's life was no doubt turned upside down after the incident, at least until the Grand Jury no billed him.
That said, theft in Austin, store clerk was convicted. No doubt about the theft, but the criminal dropped the beer while he was trying to run away. ––- Flip side, long before the new Texas law, A lady in Austin shot a person fleeing she thought was attempting to break into her house - turns out the "burger" was only a peeping tom. She walked. |
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Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man.
Louisiana is not like Texas w/r/t to trespassers, right? well damn. he shot the man in the street, while he was running away. it doesnt matter where you are in the country, thats gona get you in deep shit. There was a guy in Fort Worth who unloaded on the bad guys as they drove off in their Explorer... I don't think he got any shit at all. I'm pretty sure fleeing is considered part of the crime here. That said, it's still a risk I probably wouldn't take. Once I'm safe, they are somebody else's problem. Posted Via AR15.Com Mobile |
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never shoot them in the street while running away...make sure they are DRT in your house.
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Shoot the guy in the house, not a block down the street running away.
IMO bad shoot |
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It should be the DA's duty to look at this situation, and say, "Mr. Home Owner acted in a way reasonable for the situation. No criminal act was commited, other than an attempted burglary by Mr. Buglar. Mr. Burglar knew the risks associated with his criminal activity, and chose to continue his actions. Mr. Home Owner defended himself, and his community, and should be recognized as a model of good citizenry."
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Richard Alexander, 28, is charged with manslaughter after police say he chased the alleged burglar out of his house on North 26th Street - then shot and killed the man.
Louisiana is not like Texas w/r/t to trespassers, right? well damn. he shot the man in the street, while he was running away. it doesnt matter where you are in the country, thats gona get you in deep shit. Joe Horn walked, shot two men trying to flee in the street. |
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Good shoot (IMHO) The law of the land should be "if you are shot and killed during the commission of a crime or fleeing from the scene of a crime, the shooter (i.e. victim) shall be held harmless both criminally and civilly." Don't want to be shot and killed, don't commit crimes. Pretty simple concept. A agree good shoot, the man stopped a criminal. Good shoot in Arfcom GD Ultimate Hardass Fantasy World (tm). In the actual real world, it's a bad shoot. Pursuing and executing a crook for an attempted break-in doesn't sit well with your peers. |
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Bad shoot. Tennessee V. Garner applies to citizens as well as police officers. Since when? I know TX does not follow it. |
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If he shot the guy in the back, then he is done. The problem is he chased him out of the house then shot him. I don't know why he did not shoot him in the house? Max Have you priced carpet cleaning lately? |
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