Stand Your Ground in Utah

[The Rabbi]

OK, it has nothing to do with Stand Your Ground. It's simply a self defense case. But a toughie. I dont know the answer and subtle facts in the narrative will determine this man's guilt.
73-year-old seeks 'stand your ground' protection

 

[Avatar4321]

It's in Nevada and I dont see self defense or stand your ground applying with the facts as told here. Granted the story could be misleading. But it looks like he was the aggressor.

 

[The Rabbi]

It's in Nevada and I dont see self defense or stand your ground applying with the facts as told here. Granted the story could be misleading. But it looks like he was the aggressor.

I disagree although tentatively. As I read it, he walked in on these people squatting in his vacant property. He confronted them. The man made a sudden movement and the owner thought he was going for a gun/knife/whatever and shot him. If that is actually what happened then he is well within his rights. If it isnt what happened and he just shot the guy for being in his property then he needs to be in jail. Tough call.

 

[Avatar4321]

I agree. it is a tough call. It could be either way.

 

[The Rabbi]

I agree. it is a tough call. It could be either way.

I'd hate to be on the jury. But keep in the mind the accused enjoys the "mantle of innocense." Unless the prosecutor can poke holes in his version he goes free. It will still cost him dearly. Shooting someone is the second to last thing anyone should want to do.

 

[OKTexas]

On one hand you have two methheads on a "date" engaging in criminal trespass vs. a 73 year old property owner who likely panicked when the guy made a sudden move. First question is who are the criminals here? The second question would be, would a reasonable person feel threatened in the same situation? Those are the facts based on the story, you decide.

 

[The Rabbi]

On one hand you have two methheads on a "date" engaging in criminal trespass vs. a 73 year old property owner who likely panicked when the guy made a sudden move. First question is who are the criminals here? The second question would be, would a reasonable person feel threatened in the same situation? Those are the facts based on the story, you decide.

Actually the only question is, Did he shoot to neutralize a threat of death or severe bodily harm? We dont shoot people for trespassing or being meth heads, unfortunately.

 

[Pete7469]

WTF is a "high powered revolver"? Does it add extra powder to the cartidge or something? Why not just call it an assault revolver?

The way I read this, there's a dead meth head who was trespassing and the world is better off w/o his dumbass. I'm so sick of all this pissing and moaning about scumbags getting themselves killed as if "he was just on a date".

What bullshit.

 

[Pete7469]

On one hand you have two methheads on a "date" engaging in criminal trespass vs. a 73 year old property owner who likely panicked when the guy made a sudden move. First question is who are the criminals here? The second question would be, would a reasonable person feel threatened in the same situation? Those are the facts based on the story, you decide.

Actually the only question is, Did he shoot to neutralize a threat of death or severe bodily harm? We dont shoot people for trespassing or being meth heads, unfortunately.

We do in TX. Get caught inside a house you're not supposed to be in, especially at night and good luck getting away with it.

From the sounds of it "Cody" had been entering this property for a long time. He's probably the one who kicked the door in in the first place. He probably felt like it was his own little dope den.