Home Defense

[happyone]

SL Trib is reporting a home owner shot and killed a burgler last night. Appearently the burgler hadn't actually entered the home, but was attempting to break in. The police haven't arrested the home owner.

http://www.sltrib.com/sltrib/home/50630730-76/hutson-homeowner-kearns-police.html.csp

Question - at what point during the commision of a crime does the use of deadly force become justified?

[TripletDaddy]

SL Trib is reporting a home owner shot and killed a burgler last night. Appearently the burgler hadn't actually entered the home, but was attempting to break in. The police haven't arrested the home owner.

http://www.sltrib.com/sltrib/home/50630730-76/hutson-homeowner-kearns-police.html.csp

Question - at what point during the commision of a crime does the use of deadly force become justified?

sweet. Kill 'em all.

[Jacob]

Here the law

76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

[clackamascoug]

.... home schoolers. Extremists to be sure.

[Pheidippides]

The TX law is more permissive than the Utah law, I think, or at least about on par. It came in handy that time I almost shot the Kirby Vacuum Missionaries.

[old_gregg]

SL Trib is reporting a home owner shot and killed a burgler last night. Appearently the burgler hadn't actually entered the home, but was attempting to break in. The police haven't arrested the home owner.

http://www.sltrib.com/sltrib/home/50630730-76/hutson-homeowner-kearns-police.html.csp

Question - at what point during the commision of a crime does the use of deadly force become justified?

I'd have done the same

[Sizzle]

SL Trib is reporting a home owner shot and killed a burgler last night. Appearently the burgler hadn't actually entered the home, but was attempting to break in. The police haven't arrested the home owner.

http://www.sltrib.com/sltrib/home/50630730-76/hutson-homeowner-kearns-police.html.csp

Question - at what point during the commision of a crime does the use of deadly force become justified?

Given the two prominent trials in the news right now are the invasion that happened in Connecticut where the family was killed, and the Smart trial, it's hard to fault the guy especially hearing that he has kids in the home.

Having fatally shot someone is unfortunately something that will stay with this guy forever. Probably more punishment than he deserves, although the guy who was breaking in also probably got more punishment than he deserved too. (I only say probably because who knows what else he would have done on entering the home. Simply robbing is not a death worthy crime, IMO)

[Uncle Ted]

The TX law is more permissive than the Utah law, I think, or at least about on par. It came in handy that time I almost shot the Kirby Vacuum Missionaries.

Yes, in Texas you can shoot and kill people robbing your neighbor's house...

[YOUTUBE]RPuM_XAo2BE[/YOUTUBE]

and get away with it...

http://www.chron.com/disp/story.mpl/front/5864151.html

[SoCalCoug]

If I read the Utah law correctly, the homeowner looks okay. I'd be surprised if charges are filed.

[Katy Lied]

In Colorado, you are supposed to have your back against the furthest wall from the point of entry.

With the number of home invasions vs. burglaries now, I would probably not wait to shoot.

[wuapinmon]

Yes, in Texas you can shoot and kill people robbing your neighbor's house...

[YOUTUBE]RPuM_XAo2BE[/YOUTUBE]

and get away with it...

http://www.chron.com/disp/story.mpl/front/5864151.html

WTF? A plainclothes officer was parked in front of his house? Why in the hell did they not tell him that? That's really odd.

[statman]

The TX law is more permissive than the Utah law, I think, or at least about on par. It came in handy that time I almost shot the Kirby Vacuum Missionaries.

In TX, if it's dark outside and someone is on your property uninvited, you've automatically got reasonable fear for your safety and gunplay is permitted...

[Babs]

The TX law is more permissive than the Utah law, I think, or at least about on par.

oh, heck yeah. shoot first, ask questions later.

[old_gregg]

oh, heck yeah. shoot first, ask questions later.

i think i would begin by wondering wtf is this person doing trying to enter my home without me knowing? and then shoot. that's a question first approach, right?

[venkman]

This is my biggest fear in life. I have nightmares all the time of someone breaking into my home and harming my family. It sucks.

I don't want to take a life, but if I was in the same situation, I'd point the gun and give him a few seconds. If he didn't flee and instead continued trying to gain entry, I'd fire. People are on all kinds of crazy shit nowadays, you just don't know what they're capable of.