Follow along with the video below to see how to install our site as a web app on your home screen.
Note: This feature currently requires accessing the site using the built-in Safari browser.
If he was just a drunk with no criminal record, it would be justified to do what he did? Don't see where you're going with this. Should people run a criminal background check and offer a breathalyzer before they shoot? Even getting so shitfaced that you break into other peoples homes can sometimes get you dead. Graveyard dead.
Does anyone know of any states where it might be illegal to shoot someone dead in your own home or property?
Yes, there are. In states like California you have to prove that you made a reasonable effort to escape. She could be jailed in California.
Castle Doctrine states that I know of are
Texas
Florida and
now Oklahoma.
California (California Penal Code § 198.5 sets forth that unlawful, forcible entry into one's residence by someone not a member of the household creates the presumption that the resident held a reasonable fear of imminent peril of death or great bodily injury should he or she use deadly force against the intruder. This would make the homicide justifiable under CPC § 197[1]. CALCRIM 506 gives the instruction, "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger ... has passed. This is so even if safety could have been achieved by retreating."
However, it also states that "[People v. Ceballos] specifically held that burglaries which 'do not reasonably create a fear of great bodily harm' are not sufficient 'cause for exaction of human life.'”
I would like those of you here, myself included who think she did the right think to protect herself to comment on the DIFFERENCE between this "SELF DEFENSE" and the guy from Texas who shot to death a couple of theives stealing from his neighbor.
I would defend this woman till the end of the Earth! She had NO CHOICE other then to put herself at the mercy of someone who clearly had ill intent........................HOWEVER the man who shot TWO PEOPLE DEAD because they were taking PROPERTY was hailed by MANY on the right as some kind of John Wayne HERO which I found rather disgusting. Possesions can be replaced, a LIFE no matter HOW FLAWED can be redeemed unless it is ended.
So I would like those of you myself included who agree that this woman had NO CHOICE to contrast this incident with that of the man who killed fleeing theives. I guess by now you can all guess that I think the man who shot to death TWO people who were of NO THREAT to him should have been convicted, of what exact crime I can't say, but convicted none the less.
National news said that he was well known by local law enforcement and had been in trouble before.I've seen all the talk on this thread that he was scum, a rapist and everyone seems glad he is dead. I was just wondering about the circumstances. Does he have a criminal record? Is he a sex offender? I have seen cases where people get so drunk they think someone elses home is theirs and they try to break in.
Just trying to get some facts. I don't mean to get in the way of your celebration that this guy got shot
That he eventually threw a lawn chair thru the doors window so he could gain access to the house.
This is what I heard on the radio - so their is no cite and I'm going from memory.
Not true. He has priors for DUI (4 of them) and they keep saying drug offenses (but only possession of pot). What was found out, he was highly intoxicated after a night of drinking with his sister. She was passed out in his car and suffering from alcohol poisoning. Her name was Pam. Since he was intoxicated he crashed his car into a ditch. No one truly knows what he was doing at that point, whether he was trying to break into the house to call the paramedics, whether he knew or cared she had alcohol poising, whether he even knew where he was.
None of this matters though the woman acted correctly under the circumstances and you still don't know what his intentions were or how he would have reacted when he got in the house and saw an unarmed women (if she had not gun)!
I would like those of you here, myself included who think she did the right think to protect herself to comment on the DIFFERENCE between this "SELF DEFENSE" and the guy from Texas who shot to death a couple of theives stealing from his neighbor.
I would defend this woman till the end of the Earth! She had NO CHOICE other then to put herself at the mercy of someone who clearly had ill intent........................HOWEVER the man who shot TWO PEOPLE DEAD because they were taking PROPERTY was hailed by MANY on the right as some kind of John Wayne HERO which I found rather disgusting. Possesions can be replaced, a LIFE no matter HOW FLAWED can be redeemed unless it is ended.
That's what Huckabee thought. Look what the left thinks of him?
So I would like those of you myself included who agree that this woman had NO CHOICE to contrast this incident with that of the man who killed fleeing theives. I guess by now you can all guess that I think the man who shot to death TWO people who were of NO THREAT to him should have been convicted, of what exact crime I can't say, but convicted none the less.
National news said that he was well known by local law enforcement and had been in trouble before.
That he eventually threw a lawn chair thru the doors window so he could gain access to the house.
This is what I heard on the radio - so their is no cite and I'm going from memory.
Not true. He has priors for DUI (4 of them) and they keep saying drug offenses (but only possession of pot). What was found out, he was highly intoxicated after a night of drinking with his sister. She was passed out in his car and suffering from alcohol poisoning. Her name was Pam. Since he was intoxicated he crashed his car into a ditch. No one truly knows what he was doing at that point, whether he was trying to break into the house to call the paramedics, whether he knew or cared she had alcohol poising, whether he even knew where he was.
None of this matters though the woman acted correctly under the circumstances and you still don't know what his intentions were or how he would have reacted when he got in the house and saw an unarmed women (if she had not gun)!
I finally heard the full transcript of the call. He can be heard repeatedly banging on the door. At one point, the dispatcher asks what he is screaming and the woman says "Pam". He had just gotten into an accident and his sister was unconscious in the car. It appears he was severely drunk and was at the house for help and not to rape or maim as previously claimed.
Is is also not clear if he knew someone was in the house at the time and may have been breaking in the house to use the phone.
As much as the gun lobby holds this case up as a success story of a lone woman blowing away an intruder. It seems it may be a case of a homeowner shooting someone who was drunk and looking for help for his sister
"I'll kill him graveyard dead"
National news said that he was well known by local law enforcement and had been in trouble before.
That he eventually threw a lawn chair thru the doors window so he could gain access to the house.
This is what I heard on the radio - so their is no cite and I'm going from memory.
Not true. He has priors for DUI (4 of them) and they keep saying drug offenses (but only possession of pot). What was found out, he was highly intoxicated after a night of drinking with his sister. She was passed out in his car and suffering from alcohol poisoning. Her name was Pam. Since he was intoxicated he crashed his car into a ditch. No one truly knows what he was doing at that point, whether he was trying to break into the house to call the paramedics, whether he knew or cared she had alcohol poising, whether he even knew where he was.
None of this matters though the woman acted correctly under the circumstances and you still don't know what his intentions were or how he would have reacted when he got in the house and saw an unarmed women (if she had not gun)!
I finally heard the full transcript of the call. He can be heard repeatedly banging on the door. At one point, the dispatcher asks what he is screaming and the woman says "Pam". He had just gotten into an accident and his sister was unconscious in the car. It appears he was severely drunk and was at the house for help and not to rape or maim as previously claimed.
Is is also not clear if he knew someone was in the house at the time and may have been breaking in the house to use the phone.
As much as the gun lobby holds this case up as a success story of a lone woman blowing away an intruder. It seems it may be a case of a homeowner shooting someone who was drunk and looking for help for his sister
"I'll kill him graveyard dead"
He'll still be able to vote for Obama in 2012.
"I'll kill him graveyard dead"
He'll still be able to vote for Obama in 2012.
This is what I heard on the radio - so their is no cite and I'm going from memory.
Not true. He has priors for DUI (4 of them) and they keep saying drug offenses (but only possession of pot). What was found out, he was highly intoxicated after a night of drinking with his sister. She was passed out in his car and suffering from alcohol poisoning. Her name was Pam. Since he was intoxicated he crashed his car into a ditch. No one truly knows what he was doing at that point, whether he was trying to break into the house to call the paramedics, whether he knew or cared she had alcohol poising, whether he even knew where he was.
None of this matters though the woman acted correctly under the circumstances and you still don't know what his intentions were or how he would have reacted when he got in the house and saw an unarmed women (if she had not gun)!
I finally heard the full transcript of the call. He can be heard repeatedly banging on the door. At one point, the dispatcher asks what he is screaming and the woman says "Pam". He had just gotten into an accident and his sister was unconscious in the car. It appears he was severely drunk and was at the house for help and not to rape or maim as previously claimed.
Is is also not clear if he knew someone was in the house at the time and may have been breaking in the house to use the phone.
As much as the gun lobby holds this case up as a success story of a lone woman blowing away an intruder. It seems it may be a case of a homeowner shooting someone who was drunk and looking for help for his sister
And that makes it a tragedy all round. But I don't think it blunts the point that is being made, that the woman had the legal - and moral - right to protect herself. I'm sure she will not be prosecuted. Even in my state, which has pretty firm firearms control laws, her subjective state of mind would result in an acquittal if the prosecutorial authorities were of a mind to go ahead and indict her.
I just have a problem with those celebrating the death of the guy. If he truly thought he needed to break in to get to a phone, it was a tragedy all around
I just have a problem with those celebrating the death of the guy. If he truly thought he needed to break in to get to a phone, it was a tragedy all around
Nothing from the article you linked to indicates he had any malicious intentions toward her. Why do you claim he intended to rape and kill her. He may just have been looking to raid her refrigerator for all you know. Maybe he was even mistaken about the address and thought he was entering a friend's house.Woman Shoots Intruder During 911 Call - The Early Show - CBS News
I suppose you anti gun freaks would rather she got raped and killed by this intruder.Oklahoma resident Donna Jackson faced a life or death situation when an intruder tried to break into her rural-area home last Friday.
Home alone, but armed with a shotgun, 57-year-old Jackson called 911 and begged for help, but police couldnt get there before the man was able to break through a glass door with a chair and patio table.
Jackson, who stayed on the phone with the 911 dispatcher, can be heard in the call saying, "I don't want to have to kill this man, but I'll kill him graveyard dead, ma'am."
When the intruder broke through the door, Jackson dropped the phone. A minute later, Jackson was forced to shoot, and the suspect, Billy Riley, 53, was killed. According to the local district attorney's office, Jackson won't be charged with a crime. During the call, the 911 operator told Jackson it was legal for her to defend her home.
Gee, what were the odds that this woman would be threatened in her own home?
One in a billion? Looks like she hit the lottery, good thing she had that shotgun.
.
I have a problem with duty to retreat this because retreating to position where your back is against a wall or into another room at the back of your house allows an intruder complete access to your home and you could find yourself trapped while the intruder vandalizes your home.
"I'll kill him graveyard dead"
He'll still be able to vote for Obama in 2012.
You crack me up!
I think you already made it clear you are as bloodthirsty as few other idiots in this thread.I'd like to again say I'm glad he's dead.
Woman Shoots Intruder During 911 Call - The Early Show - CBS News
Oklahoma resident Donna Jackson faced a life or death situation when an intruder tried to break into her rural-area home last Friday.
Home alone, but armed with a shotgun, 57-year-old Jackson called 911 and begged for help, but police couldnt get there before the man was able to break through a glass door with a chair and patio table.
Jackson, who stayed on the phone with the 911 dispatcher, can be heard in the call saying, "I don't want to have to kill this man, but I'll kill him graveyard dead, ma'am."
When the intruder broke through the door, Jackson dropped the phone. A minute later, Jackson was forced to shoot, and the suspect, Billy Riley, 53, was killed. According to the local district attorney's office, Jackson won't be charged with a crime. During the call, the 911 operator told Jackson it was legal for her to defend her home.
I suppose you anti gun freaks would rather she got raped and killed by this intruder.
Gee, what were the odds that this woman would be threatened in her own home?
One in a billion? Looks like she hit the lottery, good thing she had that shotgun.
I suppose some want to take your gun away, but they're the few not the many; and, there is no serious threat to the second amendment RIGHT, but in the mind of the paranoid and/or the propagandists. This thread maybe an example of someone who is a member of both populations.
The problem with gun nuts - no, not the ones suggested by the OP - those who believe any restriction on firearms is cause for alarm, is they lack common sense. The only difference between a gun and a car - in terms of danger - is that the former is constitutionally protected.
Laws require those who drive a car to be licensed, insured and to operate the vehicle in a safe manner within specific parameters (on roadways designed for car traffic).
All of which make sense in terms of the general welfare. Yet, suggest to the OP or the NRA that a person be required to obtain a license, and that license be renewed annually before they may legally own, possess or have in their custody or control a firearm, and watch how they react. Or that firearms may not be carried - openly and concealed - in any public place; or that a limit on the amount or type of ammunition be imposed if and when a jurisdiction allows for open carry.
The right of our people to defend their homes is not the question, the stability, character and responsibility of the gun owner is the issue.
