14 y.o. black intrudor shot and killed in Louisiana, white home owner arrested.

[JimBowie1958]

Zimmerman Redux, Merritt Landry | Louisiana Self-defense - Downtrend.com

Hazouri reports that Landry, who has a baby daughter and whose wife is pregnant, believed that the victim was trying to break into his house. “All I know is that Merritt had told his family that he had said: ‘Freeze!’ and it looked like the guy turned at him and had his hand on his hip,” Hazouri reported.

The rear door of Merritt Landry’s home, and the driveway where car was parked, when Landry came upon intruder at 2:00AM.

Landry has been charged with attempted second degree murder. His bond was set to $10,000; he posted bond late Friday afternoon. Landry works for the City of New Orleans as a building inspector. The city says he has been placed on emergency suspension without pay pending the outcome of this case.

This is getting ridiculous. The prosecutor is going after this man only because he is a white man who killed a black man, and had it been a black man who killed that young man no one would have said shit.

Do people realize what this will lead to if it keeps up?

 

[S.J.]

Here we go again, another lynching of a white man defending himself.

 

[Noomi]

Its an opinion piece, so I would like a better source.

Also, the boy does appear to have broken into the property, by scaling the fence, however, he wasn't inside the residence when he was shot. All the man needed to do was to keep an eye on the rear door and phone the police. He could have shot the boy if, and only if, he entered the property.

He is being charged because his life was not threatened. Someone comes onto your property, your life is not in danger until the assailant comes face to face with you.

 

[Connery]

The shooter is relying on the Louisiana Castle statute which is as follows:

§19. Use of force or violence in defense

A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.

Acts 2006, No. 141, §1.

http://www.legis.state.la.us/lss/lss.asp?doc=78336

This was also reported in the NY Daily News:

A 14-year-old New Orleans boy was shot in the head early Friday morning after a homeowner said the unarmed teen was trying to break into his house.

Homeowner Merritt Landry, 33, who lives in Marigny, allegedly shot Marshall Coulter after fearing for his safety, and told friends and family he thought the teen had a gun.

New Orleans teen shot in the head by man who thought he was burglar: police - NY Daily News

Unfortunately, these types of statutes allow anyone to interpret then utilize them which leads to unnecessary injury or death. I do not have a problem with the man being arrested there will be an investigation and should the facts support his actions he will be exonerated, if not this could serve as a warning to those who may have a predisposition toward acting without thinking.

 

[Esmeralda]

Zimmerman Redux, Merritt Landry | Louisiana Self-defense - Downtrend.com

Hazouri reports that Landry, who has a baby daughter and whose wife is pregnant, believed that the victim was trying to break into his house. “All I know is that Merritt had told his family that he had said: ‘Freeze!’ and it looked like the guy turned at him and had his hand on his hip,” Hazouri reported.

The rear door of Merritt Landry’s home, and the driveway where car was parked, when Landry came upon intruder at 2:00AM.

Landry has been charged with attempted second degree murder. His bond was set to $10,000; he posted bond late Friday afternoon. Landry works for the City of New Orleans as a building inspector. The city says he has been placed on emergency suspension without pay pending the outcome of this case.

This is getting ridiculous. The prosecutor is going after this man only because he is a white man who killed a black man, and had it been a black man who killed that young man no one would have said shit.

Do people realize what this will lead to if it keeps up?

Do we realize what this will to lead to if it keeps up? Yes, it will lead to a serious reassessment of the right for every fool in America to have a gun and to shoot first and ask questions later. It will lead to equality in that if a black person shoots a white person or a white person shoots a black person, they will be arrested and treated equally by the law. That's what it will lead up to. The fact you think that whites are threatened by this kind of thing is pathetic. As a white, you expect to be able to shoot black people with no repercussions: well, guess what: there will be repercussions, and if you don't like it, move to an all white country.

 

[ScienceRocks]

He shouldn't of shot him if he wasn't a threat.

Should of called the police and turned the lights on is what I'd of done.

Blacks kill twice as many whites per year then the other way around...But somehow that doesn't cause any outrage.

 

[Esmeralda]

The shooter is relying on the Louisiana Castle statute which is as follows:

§19. Use of force or violence in defense

A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.

Acts 2006, No. 141, §1.

http://www.legis.state.la.us/lss/lss.asp?doc=78336

This was also reported in the NY Daily News:

A 14-year-old New Orleans boy was shot in the head early Friday morning after a homeowner said the unarmed teen was trying to break into his house.

Homeowner Merritt Landry, 33, who lives in Marigny, allegedly shot Marshall Coulter after fearing for his safety, and told friends and family he thought the teen had a gun.

New Orleans teen shot in the head by man who thought he was burglar: police - NY Daily News

Unfortunately, these types of statutes allow anyone to interpret then utilize them which leads to unnecessary injury or death. I do not have a problem with the man being arrested there will be an investigation and should the facts support his actions he will have be exonerated if not this could serve as a warning to those who may have a predisposition toward acting with out thinking.

This is an important point! People who have guns should not be going around shooting first and asking questions later. "Those who may have a predisposition toward acting without thinking" should not have guns!

 

[Connery]

The shooter is relying on the Louisiana Castle statute which is as follows:

§19. Use of force or violence in defense

A. The use of force or violence upon the person of another is justifiable when committed for the purpose of preventing a forcible offense against the person or a forcible offense or trespass against property in a person's lawful possession, provided that the force or violence used must be reasonable and apparently necessary to prevent such offense, and that this Section shall not apply where the force or violence results in a homicide.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of force or violence was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:

(1) The person against whom the force or violence was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used force or violence knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using force or violence as provided for in this Section and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used force or violence in defense of his person or property had a reasonable belief that force or violence was reasonable and apparently necessary to prevent a forcible offense or to prevent the unlawful entry.

Acts 2006, No. 141, §1.

http://www.legis.state.la.us/lss/lss.asp?doc=78336

This was also reported in the NY Daily News:

A 14-year-old New Orleans boy was shot in the head early Friday morning after a homeowner said the unarmed teen was trying to break into his house.

Homeowner Merritt Landry, 33, who lives in Marigny, allegedly shot Marshall Coulter after fearing for his safety, and told friends and family he thought the teen had a gun.

New Orleans teen shot in the head by man who thought he was burglar: police - NY Daily News

Unfortunately, these types of statutes allow anyone to interpret then utilize them which leads to unnecessary injury or death. I do not have a problem with the man being arrested there will be an investigation and should the facts support his actions he will have be exonerated if not this could serve as a warning to those who may have a predisposition toward acting with out thinking.

This is an important point! People who have guns should not be going around shooting first and asking questions later. "Those who may have a predisposition toward acting without thinking" should not have guns!

Unfortunately, the laws in many jurisdictions allow just about any numbskull to have a firearm.

 

[The Professor]

Its an opinion piece, so I would like a better source.

Also, the boy does appear to have broken into the property, by scaling the fence, however, he wasn't inside the residence when he was shot. All the man needed to do was to keep an eye on the rear door and phone the police. He could have shot the boy if, and only if, he entered the property.

He is being charged because his life was not threatened. Someone comes onto your property, your life is not in danger until the assailant comes face to face with you.

According to the article:

"Merritt Landry, 33, fired one shot at a teen when he saw him in his front yard on Mandeville Street in the Marigny around 2 a.m., according to the NOPD."

According to the specific language of the Statute, the use of deadly force is not allowed unless the person against whom the deadly force is used was in the process of breaking in the dwelling or had already broken into the dwelling. Shooting someone who had merely trespassed into the yard is not justified.

Edited to add: I am assuming that the homeowner was inside the dwelling when he shot the intruder who was in the yard.

 

[Politico]

Jesus people never learn. Drag the body and carry a throw down piece. Sheesh how many times do I have to repeat it?

 

[R.C. Christian]

Sounds like the prosecutor has a case.

 

[PredFan]

Its an opinion piece, so I would like a better source.

Agreed.

 

[PredFan]

Zimmerman Redux, Merritt Landry | Louisiana Self-defense - Downtrend.com

Hazouri reports that Landry, who has a baby daughter and whose wife is pregnant, believed that the victim was trying to break into his house. “All I know is that Merritt had told his family that he had said: ‘Freeze!’ and it looked like the guy turned at him and had his hand on his hip,” Hazouri reported.

The rear door of Merritt Landry’s home, and the driveway where car was parked, when Landry came upon intruder at 2:00AM.

Landry has been charged with attempted second degree murder. His bond was set to $10,000; he posted bond late Friday afternoon. Landry works for the City of New Orleans as a building inspector. The city says he has been placed on emergency suspension without pay pending the outcome of this case.

This is getting ridiculous. The prosecutor is going after this man only because he is a white man who killed a black man, and had it been a black man who killed that young man no one would have said shit.

Do people realize what this will lead to if it keeps up?

Do we realize what this will to lead to if it keeps up? Yes, it will lead to a serious reassessment of the right for every fool in America to have a gun and to shoot first and ask questions later. It will lead to equality in that if a black person shoots a white person or a white person shoots a black person, they will be arrested and treated equally by the law. That's what it will lead up to. The fact you think that whites are threatened by this kind of thing is pathetic. As a white, you expect to be able to shoot black people with no repercussions: well, guess what: there will be repercussions, and if you don't like it, move to an all white country.

The perp climbed a fence to access the man's property dumbass. What do you think he was doing there? Looking for his Skittles?

 

[PredFan]

He shouldn't of shot him if he wasn't a threat.

Should of called the police and turned the lights on is what I'd of done.

Blacks kill twice as many whites per year then the other way around...But somehow that doesn't cause any outrage.

If it was me, I'd have stayed silent, waited by the door for the perp to break in then shot his worthless ass. If it would have been me, he would be in the morgue instead of the hospital.

 

[PredFan]

The shooter is relying on the Louisiana Castle statute which is as follows:



http://www.legis.state.la.us/lss/lss.asp?doc=78336

This was also reported in the NY Daily News:

A 14-year-old New Orleans boy was shot in the head early Friday morning after a homeowner said the unarmed teen was trying to break into his house.

Homeowner Merritt Landry, 33, who lives in Marigny, allegedly shot Marshall Coulter after fearing for his safety, and told friends and family he thought the teen had a gun.

New Orleans teen shot in the head by man who thought he was burglar: police - NY Daily News

Unfortunately, these types of statutes allow anyone to interpret then utilize them which leads to unnecessary injury or death. I do not have a problem with the man being arrested there will be an investigation and should the facts support his actions he will have be exonerated if not this could serve as a warning to those who may have a predisposition toward acting with out thinking.

This is an important point! People who have guns should not be going around shooting first and asking questions later. "Those who may have a predisposition toward acting without thinking" should not have guns!

Unfortunately, the laws in many jurisdictions allow just about any numbskull to have a firearm.

So, the guy with the gun is the numbskull, but the kid who scaled a fense onto someone else's property is what? A genius?

You guys are fucked in the head.

 

[PredFan]

Its an opinion piece, so I would like a better source.

Also, the boy does appear to have broken into the property, by scaling the fence, however, he wasn't inside the residence when he was shot. All the man needed to do was to keep an eye on the rear door and phone the police. He could have shot the boy if, and only if, he entered the property.

He is being charged because his life was not threatened. Someone comes onto your property, your life is not in danger until the assailant comes face to face with you.

According to the article:

"Merritt Landry, 33, fired one shot at a teen when he saw him in his front yard on Mandeville Street in the Marigny around 2 a.m., according to the NOPD."

According to the specific language of the Statute, the use of deadly force is not allowed unless the person against whom the deadly force is used was in the process of breaking in the dwelling or had already broken into the dwelling. Shooting someone who had merely trespassed into the yard is not justified.

Edited to add: I am assuming that the homeowner was inside the dwelling when he shot the intruder who was in the yard.

If this is in fact the case, then yes, the shooter goes to jail.

If you have a firearm, you should familiarize yourself with the law. If you don't and you end up in jail, it's your own fault.

Also, if this is in fact true, then it is nothing at all like the Zimmerman case.

 

[Katzndogz]

What was this 14 year old kid doing at 2 in the morning, scaling a fence to get in someone's backyard in the first place?

I would have waited until he broke into the house and then blew him away up close so there's no need for a hospital.

You know the guy who broke into the New Jersey home and beat up the woman there was unarmed right? No weapon. If she shot him, she too would have shot an unarmed black man.

 

[Skull Pilot]

He shouldn't of shot him if he wasn't a threat.

Should of called the police and turned the lights on is what I'd of done.

Blacks kill twice as many whites per year then the other way around...But somehow that doesn't cause any outrage.

I read that the scum bag intruder looked like he was reaching to his hip.

A cop would shoot you for doing that so the home owner had every reason to shoot.

 

[Antares]

Zimmerman Redux, Merritt Landry | Louisiana Self-defense - Downtrend.com

Hazouri reports that Landry, who has a baby daughter and whose wife is pregnant, believed that the victim was trying to break into his house. “All I know is that Merritt had told his family that he had said: ‘Freeze!’ and it looked like the guy turned at him and had his hand on his hip,” Hazouri reported.

The rear door of Merritt Landry’s home, and the driveway where car was parked, when Landry came upon intruder at 2:00AM.

Landry has been charged with attempted second degree murder. His bond was set to $10,000; he posted bond late Friday afternoon. Landry works for the City of New Orleans as a building inspector. The city says he has been placed on emergency suspension without pay pending the outcome of this case.

This is getting ridiculous. The prosecutor is going after this man only because he is a white man who killed a black man, and had it been a black man who killed that young man no one would have said shit.

Do people realize what this will lead to if it keeps up?

Do we realize what this will to lead to if it keeps up? Yes, it will lead to a serious reassessment of the right for every fool in America to have a gun and to shoot first and ask questions later. It will lead to equality in that if a black person shoots a white person or a white person shoots a black person, they will be arrested and treated equally by the law. That's what it will lead up to. The fact you think that whites are threatened by this kind of thing is pathetic. As a white, you expect to be able to shoot black people with no repercussions: well, guess what: there will be repercussions, and if you don't like it, move to an all white country.

Yes Virginia, morons REALLY do exist.

 

[TheSeventhTiger]

question: did this take place in a red or blue district?