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quote:
Originally posted by WH:
http://www.waff.com/Global/story.asp?S=12776580

The mans death is a tragedy...his own actions caused his early demise.


Not entirely correct...the Grand Jury did not return a True Bill but sent the case back to the prosecutor for further consideration. The decision ultimately belongs to the prosecutor. In my opinion, the home owner was not in immediate danger and he over reacted.
Consider this. From a point of cover in your home call the police and let them respond. Arm yourself and do not shoot until you know what your intended target is. When a threat exposes itself action should be quick and precise. I firmly believe that shooting at a shadow is irresponsible. If you are going to own a gun you should practice with it and be well versed enough to use it appropriately.
quote:
Originally posted by wright35633:
What a title. Innocent. NO. He may not be found criminally responsible but he is not innocent. A scared man shooting at shadows is dangerous. Just ask this deputy's family.


Trespassing on someones private property at midnight is dangerous...just ask this deputy's family.
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
What a title. Innocent. NO. He may not be found criminally responsible but he is not innocent. A scared man shooting at shadows is dangerous. Just ask this deputy's family.


Trespassing on someones private property at midnight is dangerous...just ask this deputy's family.


Why ask them when you can answer every one of my questions? I would have saved a ton of money on an education had we met years ago.
I think TN is similiar to the law that we now have in Alabama, where you can use deadly force if you feel you are at risk (Sassy or Lawguy can give the specifics on it). HOWEVER, defending your property is not sufficient. And, in TN, we were always told if you shoot someone in self defense make sure they 'cross the threshold' or drag them in yourself. Just because they were on your property does not give you the right to use deadly force, you would have to show that you were in immidiate danger (they brandished a weapon, etc). But once they enter your home, they were fair game....

Jeepin'
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
What a title. Innocent. NO. He may not be found criminally responsible but he is not innocent. A scared man shooting at shadows is dangerous. Just ask this deputy's family.


Trespassing on someones private property at midnight is dangerous...just ask this deputy's family.


Why ask them when you can answer every one of my questions? I would have saved a ton of money on an education had we met years ago.


Would probably have got your comeuppance too!

You don't really have any recourse when you cant bully or arrest someone do you?
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
Don't know the law in Tennessee but law aside it is irresponsible and reckless.


irresponsible and reckless to trespass?


No to shoot at something through a door instead of making sure it is a threat. I do agree it was not the right time to be on the property but I do not think his life should have been taken.
quote:
Originally posted by WH:
quote:
Originally posted by leo:
doesn't your life have to be in danger to legally use deadly force? I don't think defending your property is just cause. Anyone know the law on this?


No...you have to BELIEVE your life is in danger.



And you have to have justification to back up that belief. Someone may be a paranoid fool and think that, just because someone is walking up to their door, their life is in danger. Does that give them the right to use deadly force? NO. You have to be able to justify your belief.

I dont think that someone walking on my porch would be justification for me to believe my life was in danger. I would, however, have my shot gun pointed at the door and the minute that someone on my porch tried to open the door I would put a hole through it. Once they take that step toward breaking in, then their intentions become clear and I would feel my life was in danger.

But keep shooting at them shadows, maybe it wont be some teenager or single mother that is broken down looking for help. You might feel different if it had been a family member broke down and not an officer.

Jeepin'
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
Don't know the law in Tennessee but law aside it is irresponsible and reckless.


irresponsible and reckless to trespass?


No to shoot at something through a door instead of making sure it is a threat. I do agree it was not the right time to be on the property but I do not think his life should have been taken.



Whoaaa...how do you know he was shot through a door? And how do you know the homeowner wasn't threatened?
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
Don't know the law in Tennessee but law aside it is irresponsible and reckless.


irresponsible and reckless to trespass?


No to shoot at something through a door instead of making sure it is a threat. I do agree it was not the right time to be on the property but I do not think his life should have been taken.



Whoaaa...how do you know he was shot through a door? And how do you know the homeowner wasn't threatened?


I just know things WH. I bet if you google it you could find it. Did you know the homeowner is also disabled? Or that he lived in Florida and is very seldom there? Or that he shot through a backdoor when he heard voices there? There is more to this I can't disclose. Nothing that is bad just not released and its not my place to do so. I stand by my statement that shooting at shadows is irresponsible.
quote:
Originally posted by Lets Go Jeepin':
quote:
Originally posted by WH:
quote:
Originally posted by leo:
doesn't your life have to be in danger to legally use deadly force? I don't think defending your property is just cause. Anyone know the law on this?


No...you have to BELIEVE your life is in danger.



And you have to have justification to back up that belief. Someone may be a paranoid fool and think that, just because someone is walking up to their door, their life is in danger. Does that give them the right to use deadly force? NO. You have to be able to justify your belief.

I dont think that someone walking on my porch would be justification for me to believe my life was in danger. I would, however, have my shot gun pointed at the door and the minute that someone on my porch tried to open the door I would put a hole through it. Once they take that step toward breaking in, then their intentions become clear and I would feel my life was in danger.

But keep shooting at them shadows, maybe it wont be some teenager or single mother that is broken down looking for help. You might feel different if it had been a family member broke down and not an officer.

Jeepin'


And you and the world wouldn't care one way or the other if this prowler hadn't been a cop.

It doesn't matter what you or anyone else thinks, the GJ had the evidence and chose not to prosecute.
quote:
Originally posted by WH:
Walk out in your yard at 11:30 at night...can you see anything? This happened out in the rural area where there is no lighting. I still think there is more to this story.


I am trained in combat tactics WH. I would never walk out in my yard at 1130 with a firearm and no light source. Granted this man was not. All I am advocating is responsible gun ownership. Keep a flashlight beside your gun. There may be more to this story but the only man who knows is now deceased so we will never know.
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
Don't know the law in Tennessee but law aside it is irresponsible and reckless.


irresponsible and reckless to trespass?


No to shoot at something through a door instead of making sure it is a threat. I do agree it was not the right time to be on the property but I do not think his life should have been taken.



Whoaaa...how do you know he was shot through a door? And how do you know the homeowner wasn't threatened?


I just know things WH. I bet if you google it you could find it. Did you know the homeowner is also disabled? Or that he lived in Florida and is very seldom there? Or that he shot through a backdoor when he heard voices there? There is more to this I can't disclose. Nothing that is bad just not released and its not my place to do so. I stand by my statement that shooting at shadows is irresponsible.



How stupid. What has being disabled, or having a residence in Florida have to do with anything?

How do you know the homeowner was shooting at shadows?
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
Walk out in your yard at 11:30 at night...can you see anything? This happened out in the rural area where there is no lighting. I still think there is more to this story.


I am trained in combat tactics WH. I would never walk out in my yard at 1130 with a firearm and no light source. Granted this man was not. All I am advocating is responsible gun ownership. Keep a flashlight beside your gun. There may be more to this story but the only man who knows is now deceased so we will never know.


Oh wow...big bad cop is trained in combat tactics. Did Barney teach you? Big Grin
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
Don't know the law in Tennessee but law aside it is irresponsible and reckless.


irresponsible and reckless to trespass?


No to shoot at something through a door instead of making sure it is a threat. I do agree it was not the right time to be on the property but I do not think his life should have been taken.



Whoaaa...how do you know he was shot through a door? And how do you know the homeowner wasn't threatened?


I just know things WH. I bet if you google it you could find it. Did you know the homeowner is also disabled? Or that he lived in Florida and is very seldom there? Or that he shot through a backdoor when he heard voices there? There is more to this I can't disclose. Nothing that is bad just not released and its not my place to do so. I stand by my statement that shooting at shadows is irresponsible.



How stupid. What has being disabled, or having a residence in Florida have to do with anything?

How do you know the homeowner was shooting at shadows?


Now now WH don't be "childish." Being disabled lends to the fact he may be less able to protect himself if its a physical disability. A point to your side actually. If I were unable to physically protect myself my level of fear may be different than others who can. His home in Florida coupled with the deputy patrolling the area may shed light as to why the deputy thought the home was vacant.
quote:
Originally posted by WH:
quote:
Originally posted by wright35633:
quote:
Originally posted by WH:
Walk out in your yard at 11:30 at night...can you see anything? This happened out in the rural area where there is no lighting. I still think there is more to this story.


I am trained in combat tactics WH. I would never walk out in my yard at 1130 with a firearm and no light source. Granted this man was not. All I am advocating is responsible gun ownership. Keep a flashlight beside your gun. There may be more to this story but the only man who knows is now deceased so we will never know.


Oh wow...big bad cop is trained in combat tactics. Did Barney teach you? Big Grin


I read on another topic where you were 55 years old. Act your age.

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