3 Teens invade home. Shot dead with ar15

[MikeK]

Scene one.

I see someone breaking into my car. I shout out "what the fuck are you doing with my car?" He turns and takes a step towards me. I do not need to withdraw. I legally blow him away where he stands.

Scene two.

I see some one breaking into my car. I run up, illegally shoot him in the head and say "That's what you get for fucking with my car".

Does it make sense now?

You're assuming certain predispositions.

If the fellow you shot is dead and no one has hired a lawyer to represent him post-mortem, then what you say cannot be challenged -- unless the state has decided to charge and prosecute you. One reason for this might be a witness who says your claim of self-defense is bogus and what you did was cold-blooded murder.

What I'm trying to tell you is there is a difference between self-defense and the callous execution of an ordinary burglar -- which is murder. What this means is you may not just shoot someone whom you believe was burglarizing your car.

Short anecdote:

Parking lot behind an EM Club at Camp LeJeune: A Staff Sergeant who is drunk has entered an unlocked black '51 Ford coupe and is trying to start it. Someone sees this and tells the owner of the Ford who rushes outside, pulls the drunken Staff out of the car and proceeds to beat the hell out of him.

Turned out the Staff owned a black '51 Ford coupe, too, and was so drunk he thought he was in his own car. True story.

Bottom line: Better to be safe than sorry. Shoot when you have to, not when you want to.

 

[The Professor]

Louisiana does not follow the same common law that other states do. They follow the Napoleonic Code. If someone is going to presume to apply Louisiana law they had best review that law first.

Stand your ground laws are not Castle Doctrine laws. Castle Doctrine requires some sort of occupancy. Stand your ground means there is no duty to retreat, anywhere. On the street, at the grocery store, in the parking lot next to your car. If Louisiana has passed a stand your ground law, all that need be proved is that the car thief had menaced the car owner who had no duty to retreat and could stand his ground.

That might clear things up.

It will clear things up if we understand that your hypothesis converts the circumstances from a simple burglary to an act of menacing, which would justify lethal defensive force. So are you still saying it's okay to shoot someone who is breaking into your car -- or not?

Scene one.

I see someone breaking into my car. I shout out "what the fuck are you doing with my car?" He turns and takes a step towards me. I do not need to withdraw. I legally blow him away where he stands.

Scene two.

I see some one breaking into my car. I run up, illegally shoot him in the head and say "That's what you get for fucking with my car".

Does it make sense now?

Here is what the laws in airplanemechanic's home state of Louisiana say regarding when deadly force may be used to prevent someone from breaking into a dwelling or a vehicle:

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

https://www.legis.la.gov/legis/Law.aspx?d=78338

Now anyone with the reading ability and the intellectual capacity of the average 12-year old knows that the statute provides for the use of deadly force against an intruder ONLY WHEN THE PERSON USING SUCH FORCE IS OCCUPYING THE DWELLING OR VEHICLE AT THE TIME.

You understand what it says, I understand what it says, most everyone else understands what it says. The only one who apparently doesn't get it is airplanemechanic. The guy is a basket case, ignoring what the laws in his state says in favor of his own personal opinion on what he THINKS the law should say. There are only three possibilities: (1) Ariplanemechanic cannot read (perhaps someone else types his posts); (2) he really is a very, very stupid person; or (3) he just likes to argue and insult people (in other words, he is immature and childish).

Neither airplanemechanic nor his defenders have denied that the above quoted law is indeed the law of the land wherein he resides; nor has airplanemechanic or anyone else provided ANY reference to ANY law which unambiguously states that a person in Louisiana (or any other state) can waste a man for trying to break into an unoccupied dwelling or vehicle. There are no such laws. Period. I have a JD (Juris Doctorate) and unlike airplanemechanic I really do know these things.

Thank God that other posters on this forum understand the the law and will not not commit murder by killing a man who is trying to break into an unoccupied vehicle.

CAUTION: When trying to decipher what the law says, always go to the relevant statute first. Then research the statute to understand how the courts have applied it. Never, never rely on what a jury does in a particular case because juries have been known to disregard the law.