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Posted: 3/30/2022 7:44:06 PM EDT
[Last Edit: BeNotAfraid]
wtf?
74 year Old Akron Resident Shoots Home Invader ...why the mention of "criminal charges" against a homeowner when an intruder breaks down his front door and rushes him?... Am I on Planet Earth or what? Should the homeowner have offered the guy a beer and maybe his throat? Or, are we playing these silly word game that the intruder was a "yout" so this crap is OK? 16 y/o kicking in a front door of an occupied residence... notice how Cleveland's "Channel 3 News" visually covers the story: CSA flag, close up of gun safes, etc. what if the homeowner had a BLM or Antifa flag up? he'd be lauded as a saint...  Failed To Load Title |
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Posted: 3/30/2022 7:51:50 PM EDT
Lurch taking out the trash with his 380 Luger.
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Posted: 3/31/2022 10:53:53 AM EDT
[Last Edit: shotar]
Originally Posted By BeNotAfraid: wtf? 74 year Old Akron Resident Shoots Home Invader ...why the mention of "criminal charges" against a homeowner when an intruder breaks down his front door and rushes him?... Am I on Planet Earth or what? Should the homeowner have offered the guy a beer and maybe his throat? Or, are we playing these silly word game that the intruder was a "yout" so this crap is OK? 16 y/o kicking in a front door of an occupied residence... notice how Cleveland's "Channel 3 News" visually covers the story: CSA flag, close up of gun safes, etc. what if the homeowner had a BLM or Antifa flag up? he'd be lauded as a saint...  https://www.youtube.com/watch?v=NJRpf8pNZuoNone of that is legally relevant. If the homeowner is claiming self defense, the state would have to prove that he was not reasonably in fear of death or great bodily harm from the intruder who broke down his door. No one seemed to be promoting the idea of criminal charges. An investigation will be made to determine this. He is stupid for giving interviews before that investigation is completed, but nothing he said would really sway a grand jury I would think. |
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Posted: 3/31/2022 1:01:31 PM EDT
[Last Edit: greyguy]
Quote HistoryOriginally Posted By DaveyDug: Lurch taking out the trash with his 380 Luger. Quote HistoryOriginally Posted By DaveyDug: Lurch taking out the trash with his 380 Luger. I know, right? I agree with shotar that he shouldn't be giving interviews at the moment but I have to admit I found his comments entertaining. "Those shots were good," Lurch said during an interview with 19 News. "I don't like people breaking into my home. |
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Posted: 3/31/2022 9:50:45 PM EDT
What protection does the Ohio Castle Doctrine offer this guy?
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Posted: 3/31/2022 10:25:30 PM EDT
Quote History Originally Posted By Yojimbo: What protection does the Ohio Castle Doctrine offer this guy? Pretty strong protection if he keeps his mouth shut. The state has to prove that his use of lethal force was not reasonable under the specific circumstances of the incident. |
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Posted: 4/1/2022 8:43:16 AM EDT
I imagine the thought is that the guy was "retreating" down into the basement when he fired.
That's pretty weak and any competent lawyer should be able to make the case for "reasonable fear of severe injury or death" with an unknown individual breaking into your home, especially for a 74 year-old. I'm sure questions about why he didn't retreat out the way he came or why he didn't stop and try to prove he wasn't a threat will come up, too. Even IF the case will fly with a prosecutor, I doubt it will with a jury. I doubt he'll see the inside of a courtroom over this. |
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Posted: 4/1/2022 9:06:14 AM EDT
OK, you guys are reading stuff into this news story that isn't there about this guy getting charged or not. Lurch was stupid for giving an interview, but listen to the Police Lt. He pretty much said the guy has a right to defend himself in his home.
What is notable and a paradigmic shift for the news media is that they did not refer to the intruder as " victim ". For the better part of a century, the media functioned under the premise that the person who is shot, regardless of circumstances is a victim. This was drilled in journalism schools and was unshakeable in reporting. The media is coming to grips with lawful self defense shootings. What you need to understand is that whenever there is a shooting, good, bad or unclear, there will be an investigation and the facts will be presented to a grand jury. The mongol hoard could burst into your living room guns blazing and if you shoot them, it's going to a grand jury. Shut the fuck up until it's no billed. Your gun is being held as evidence until a formal determination is made. Lawyer up and answer questions through your attorney other than very basic questions. Officer - What happened here? You - These guys broke down my door and started shooting. I shot back. Any other questions and answers need to come through my attorney. Officer - Thank you |
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Posted: 4/1/2022 4:55:57 PM EDT
Quote History Originally Posted By shotar: Pretty strong protection if he keeps his mouth shut. The state has to prove that his use of lethal force was not reasonable under the specific circumstances of the incident. Quote HistoryOriginally Posted By shotar: Originally Posted By Yojimbo: What protection does the Ohio Castle Doctrine offer this guy? Pretty strong protection if he keeps his mouth shut. The state has to prove that his use of lethal force was not reasonable under the specific circumstances of the incident. 
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Posted: 4/1/2022 5:39:33 PM EDT
[Last Edit: 1stID]
Indeed. Never, ever, ever, talk to the media. Or the police without your hired lawyer present. Remember - the first thing out of a cop's mouth when they shoot someone is - I want to talk to my union lawyer - and they do this for a living. Learn from their actions.
There's no good that would ever come from talking with the media. In this case (as much as you can tell from an article where they talk about a .380 Luger), there are the following statements the homeowner made (or didn't make - media types make up quotes all the time): and when the suspect did not leave, he opened fire. - makes it sound like the criminal was shot for not leaving, and not because the homeowner was in fear of his life. “He dives down the basement, as I put lead in him going down the steps,” he said. - horrible, horrible statement. Opens the homeowner up to the idea that he shot the criminal when the criminal was running away, and that the homeowner enjoyed the shooting, as he's talking about "putting lead in him". “Those shots were good,” Lurch said during an interview with 19 News. “I don’t like people breaking into my home.” - No one likes their house being broken into, but you need to present the case that you were in fear for your life while in your home, not that you don't like burglar and shoot them. Never talk to the media, ever. And after the initial shooting, only say this to the police "He broke into my home and I was in fear for my life so I defended myself. I will say nothing else about it until I consult my attorney, and I wish to contact them right now. I exercise my right to remain silent from here". Then let your attorney tell your side of the case. Remember, if you are attacked by a criminal and defend yourself, you will need to protect yourself twice. First from the criminal. Second from the criminal justice system. The second is as dangerous to your life, liberty, and property as the first. Both have no regard for you, and will ruin your life for the slightest gain. That goes from Officer Friendly who shows up on the scene and pretends to be your best friend, to the prosecutor who's trying to up his win percentage, to the elected District Attorney who would send you to jail for life in return for a 0.1% bump in the polls. The assault on you doesn't end when the shooting stops - it's just the second phase. Be as prepared for it as the shootout. |
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Posted: 4/1/2022 6:45:04 PM EDT
[Last Edit: shotar]
Quote HistoryOriginally Posted By 1stID: Indeed. Never, ever, ever, talk to the media. Or the police without your hired lawyer present. Remember - the first thing out of a cop's mouth when they shoot someone is - I want to talk to my union lawyer - and they do this for a living. Learn from their actions. There's no good that would ever come from talking with the media. In this case (as much as you can tell from an article where they talk about a .380 Luger), there are the following statements the homeowner made (or didn't make - media types make up quotes all the time): and when the suspect did not leave, he opened fire. - makes it sound like the criminal was shot for not leaving, and not because the homeowner was in fear of his life. “He dives down the basement, as I put lead in him going down the steps,” he said. - horrible, horrible statement. Opens the homeowner up to the idea that he shot the criminal when the criminal was running away, and that the homeowner enjoyed the shooting, as he's talking about "putting lead in him". “Those shots were good,” Lurch said during an interview with 19 News. “I don’t like people breaking into my home.” - No one likes their house being broken into, but you need to present the case that you were in fear for your life while in your home, not that you don't like burglar and shoot them. Never talk to the media, ever. And after the initial shooting, only say this to the police "He broke into my home and I was in fear for my life so I defended myself. I will say nothing else about it until I consult my attorney, and I wish to contact them right now. I exercise my right to remain silent from here". Then let your attorney tell your side of the case. Remember, if you are attacked by a criminal and defend yourself, you will need to protect yourself twice. First from the criminal. Second from the criminal justice system. The second is as dangerous to your life, liberty, and property as the first. Both have no regard for you, and will ruin your life for the slightest gain. That goes from Officer Friendly who shows up on the scene and pretends to be your best friend, to the prosecutor who's trying to up his win percentage, to the elected District Attorney who would send you to jail for life in return for a 0.1% bump in the polls. The assault on you doesn't end when the shooting stops - it's just the second phase. Be as prepared for it as the shootout. In Ohio, the state has to prove he was not in reasonably in fear for his life in his own home. Statements like he shot while he was running away and things of that nature, could be proof of this. He does not have to state he was in fear of great bodily harm, it is implied in the castle doctrine, but flapping his yap could prove he was not. It still has to be reasonable under the circumstances. Something not reasonable would be like " Yeah, that 12 year old with the yellow wiffle ball bat had it coming! That's the third time this week his ball rolled through my front door! " The facts look like a good defensive shooting here. Listening to that guy talk, he can bring those facts into question by his stupid rambling. |
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Posted: 4/3/2022 8:33:02 PM EDT
Home owner might catch a break on this. Normally, I think the Prosecutor might try and push it, but with the crime rate in the area and rumors of the home invader having active warrants/several priors, this is pretty toxic.
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Posted: 5/18/2022 1:17:56 PM EDT
They'll claim that the home owner is rascist due to having a Confeeate flag on his wall.
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