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Homeowner shoots assaulter who was fleeing in back, difficult case

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Replies

  • TeachTeach Senior Member Posts: 18,428 Senior Member
    If the guy does happen to get charged, let's hope he gets a jury with enough balls to bring in a "not guilty" verdict.
    Jerry
  • Gene LGene L Senior Member Posts: 12,620 Senior Member
    Doesn't take balls to get a not guilty verdict from a jury in this case. Little sympathy for burglars. But it might take a good lawyer.
    Concealed carry is for protection, open carry is for attention.
  • tennmiketennmike Senior Member Posts: 27,457 Senior Member
    Gene L wrote: »
    Point of order; they didn't enter a house while the occupant was at home. He came in on them during the burglary and they beat him up, according to the article. That's the difference in a burglary and a home invasion.

    I don't know about CA, but if they'd home invaded him in GA, it brings into play an entire different set of circumstances. Even without the beating.

    The fact that he's old, infirm, (and most important to me) is he suffered aggravated battery (broken bones) likely will insulate him from being charged.

    Forgot about him entering his home and finding them there. If there was no evidence of them entering when he went in, as in he didn't know they were there, then I still stand by what I said. He has a right to be in his own home; they had no right to be there burglarizing the place. They attacked him, he shot one. Good for him. And if he is convicted then:

    “If the law supposes that,” said Mr. Bumble,… “the law is a —a idiot. If that’s the eye of the law, the law is a bachelor; and the worst I wish the law is that his eye may be opened by experience—by experience.”
    ATTRIBUTION: CHARLES DICKENS, Oliver Twist, chapter 51, p. 489

    Rights should be weighed heavily in favor of the victim, and to Hades with the supposed rights of the perpetrator caught in the act.
      I refuse to answer that question on the grounds that I don't know the answer”
    ― Douglas Adams
  • Gene LGene L Senior Member Posts: 12,620 Senior Member
    Can't argue with the crux of your position. I just don't think it'll be a slam dunk for the defense if he does get charged. Were you or I on the jury, it would be. But with a CA jury in the box, I'm not so sure.
    Concealed carry is for protection, open carry is for attention.
  • BufordBuford Senior Member Posts: 6,721 Senior Member
    You would be surprised.
    Just look at the flowers Lizzie, just look at the flowers.
  • tennmiketennmike Senior Member Posts: 27,457 Senior Member
    Gene L wrote: »
    Can't argue with the crux of your position. I just don't think it'll be a slam dunk for the defense if he does get charged. Were you or I on the jury, it would be. But with a CA jury in the box, I'm not so sure.

    Yeah, and I think that's why I haven't done jury duty in about 15 years. To make a long story short, another juror and I turned the other 10 to vote our way after laying out the facts of the case, and the law supposedly broken. I suspect that this being a county of less than 12,000 people, that word of what happened in the jury room got around to the lawyers and the DA. Only thing the two of us did wrong was not vote as expected due to the facts presented in the case, and turn the other 10 around. But I'd do the same thing over again now.

    That other guy on the jury that was the other holdout 15 years ago hasn't been called again for jury duty, either.
      I refuse to answer that question on the grounds that I don't know the answer”
    ― Douglas Adams
  • samzheresamzhere Banned Posts: 10,923 Senior Member
    Gene L wrote: »
    Doesn't take balls to get a not guilty verdict from a jury in this case. Little sympathy for burglars. But it might take a good lawyer.

    As said before, what the man said to the press might come back to haunt him in court. One of the object lessons of this story: Don't talk to the press. Ever.
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