Posted: 3/6/2008 4:21:05 AM EDT
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www.keloland.com/NewsDetail6162.cfm?Id=0,67151 When Can You Use A Gun In Self-Defense? Click to watch video Read Comments Post Comment 23 Posts An unexpected intruder at a truck stop off Interstate 29 startled the business owner early Wednesday morning, but he fought back. The owner of Larry's truck stop was doing paperwork around 1:15 in the morning when he heard a noise. When he went to check on it, a door flew open and he found himself face-to-face with a man wearing a mask and carrying a pry bar. The owner fired a shot from his pistol and hit the suspect, 22 year old Austin Yesda, in the backside. Yesda was taken to Avera McKennan hospital and released Wednesday afternoon, the Sioux Falls man is in the Minnehaha county jail, accused of burglary. So just how far can property owners go when defending themselves? The truck stop owner has not been charged for shooting the intruder, but the Lincoln County States Attorney is reviewing the case to see if he will press charges. And Minnehaha County state's attorney Dave Nelson says state law does allow people to use deadly force to protect themselves in certain circumstances. The owner of Larry's truck stop came face to face with a frightening sight early Wednesday morning, when he saw a masked man break into his business. Minnehaha County State's Attorney Dave Nelson says, "I think that self-defense goes primarily to assaults against the person, or the threats against the person rather than the property." The events at the road-side truck stop raise questions about when you can use a gun to defend yourself. Minnehaha County State's Attorney Dave Nelson is not involved with the case, but says generally, South Dakota law says if your life is threatened you can use a weapon to fight off the attack. Nelson says, "Certainly if a person's life is at risk and a reasonable person would conclude the person's life was at risk that person is entitled to use whatever force is necessary to repel that attack." But outside of that situation, it's up to the judge and jury to decide if the circumstances surrounding a shooting required someone to use a weapon. Nelson says, "There's really no bright line in the law, where the law says here you can use a knife, here you can use a gun, here you can only defend yourself with your fists." So now, Lincoln County's State's Attorney must decide if two people will be charged in the truck stop break-in, instead of just one. Larry's truck stop had been broken into back in December, when money, food and alcohol was all taken. Lincoln County Sheriff Dennis Johnson does not think the two break-ins are connected. The truck stop owner did have a concealed weapons permit. |
| I think our self defense law needs to be taylored more towards the same lines that the state of Florida recently took....No matter where you are.......if you actually and fully "fear for your life" .......deadly force is authorized. Law abiding citizens don't always have the luxury of a police officer when needed. That's why a law abiding citizen has a legal permit to carry a concealed weapon. If we had more law abiding citizen out there carrying weapons......alot less crime would be happening i do believe. Crooks only fear greater force and a gun usually is about as good a deterant as it gets. I know some of the general public fear ppl with guns but who they should be afraid of is the crooks.......not the law abiding citizen who uses the system to legally obtain a concealed weapons permit. I think what the truck stop owner did was commendable. Being a military vet after 21 years of service.......when a high risk situation like that happens......you react and try to protect yourself. You don't take the time to figure out if you're going to shoot someone in the arse or not.........you just shoot to protect yourself. Fear for your life is a mighty powerful force to even think you can try to control it. YOU CAN'T. Even trained law enforcement officers and combat veterans will tell you that. I'd like to see all law abiding citizens learn how to use and own and carry a firearm. It sure would put a crimp in a crooks lifestyle knowing everyone has guns to stop him from applying his trade. |
| I guy stole my pickup at 2:00am a month ago. I woke up when I heard it go through my back fence. I put on my pants and rushed outside to see what the hell was going on. There my pickup sat, by the smashed fence and the guy was headed down the alley. I'm still surprised and partly releived that I did not grab a firearm on the way out the door. The cops came about 10 minutes later and tracked him down. I couldn't help thinking that in some states I could have legally shot him. Or am I wrong? |
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I'm not a lawyer but in the last defensive pistol class I took they said for self defense you need at least three things. ability, intent and proximity. For proximity the threat must be be close enough to cause grave bodily injury / death. When the thief is running away you no longer have proximity and would have a hard time proving self defense. In Texas they do have some sort of defense of property law but not in the Dakotas. |