Homeowner shoots BG in .....

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  • Arm America

    Expert
    Rating - 0%
    0   0   0
    Jan 26, 2009
    1,381
    38
    West of Greenwood
    Yep, the confused person that broke the window and thought he was in his own bedroom looking at all the new stuff was taken away in an ambulance.

    Non life threatening is what I heard.

    The confused person came to his senses and relized his mistake,
    walked to his families place 5-blocks down the street.

    The real Homeowner will probably need the fire dept. in the near future.
     

    JJGatesE30

    Expert
    Rating - 100%
    22   0   0
    Jul 22, 2010
    956
    16
    He got shot in the butt while trying to escape out the window...haha

    I really should have picked up that Indiana firearms law book at the 1500...

    I have heard, at least in other states, that if you shoot somebody who has broken into your house and then they escape and later die, YOU could be in serious trouble. I guess it makes sense because you would have to prove that that person broke into your house. Anyone know more about this?
     

    marine4life

    Plinker
    Rating - 0%
    0   0   0
    Jan 11, 2011
    66
    6
    South Indy
    Oh yeah! Especially "if" the perp was shot in the butt. That means his back was turned. The perps defense could be, that he was exiting the house in a complient way and I was shot in the back. Bad JUJU. I wont be suprised if he gets off and wins a civil suit. If you fire your weapon it is for extreme measures only. There is no such thing as a wounding or warning shot. It sounds like his life was not in jepardy, since he climbing out the window.
     

    Buckaroo

    Sharpshooter
    Rating - 100%
    1   0   0
    Jan 16, 2008
    542
    16
    NWI
    Guess the home owner was trying for CNS. He must have assumed the Bad Guy to have his head up his a$$.

    Hope all works out for the home owner.

    Buckaroo
     

    zombiehunter

    Marksman
    Rating - 100%
    3   0   0
    Aug 16, 2008
    213
    16
    New Castle, IN
    yeah I think the homeowner could be in trouble in this case.....the threat was over if the perp was trying to escape out of the window.

    Guess we will see what comes of this but it seems to me that the homeowner could be charged.
     

    darinb

    Expert
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    11   0   0
    Jan 20, 2008
    1,208
    38
    Scott county,indiana
    Last year my aunts had a home invasion. It turned out alright and the guy was so stoned he didnt even see her laying in bed. He just took her medicine and drove off with her car. It was later recovered wrecked. She got serious about her protection after that and now she is training with her chosen handgun. Other family members and friends are telling her that she will go to jail if she kills an intruder but a dead man cant accuse you of things. Lawyers can twist and make anything believeable to the right audience seriously if she didnt kill him then he could say he lurered her there after meeting somewhere for whatever reason and she vicisouly attacked him....... A dead man cant accuse you of anything.
     

    Ski

    Plinker
    Rating - 0%
    0   0   0
    Aug 7, 2010
    101
    18
    Indy
    Oh yeah! Especially "if" the perp was shot in the butt. That means his back was turned. The perps defense could be, that he was exiting the house in a complient way and I was shot in the back. Bad JUJU. I wont be suprised if he gets off and wins a civil suit. If you fire your weapon it is for extreme measures only. There is no such thing as a wounding or warning shot. It sounds like his life was not in jepardy, since he climbing out the window.
    An incident happened in MI where the perp was shot while fleeing and the prosecutor said the homeowner did nothing wrong. The comments from the perp are pretty funny.

    Mecosta County homeowner fires several shots at intruder, causing multiple injuries | MLive.com
     

    Yamaha

    Expert
    Rating - 0%
    0   0   0
    May 6, 2008
    898
    16
    Summitville,IN
    there was a guy awhile back that wounded 4 out of 5 BG's in grant county after they stabbed him in his home....the 911 tape had reloads for his 10-22 in it.....:D
     

    edporch

    Master
    Site Supporter
    Rating - 100%
    25   0   0
    Oct 19, 2010
    4,694
    149
    Indianapolis
    Try this for yourself.
    Run away from somebody while turning your body enough to point your own gun in back in their direction.

    Just because the perp was shot in the butt, DOESN'T mean the threat to the homeowner was gone.

    We weren't there and we should give the homeowner the benefit of the doubt.
     

    CampingJosh

    Master
    Rating - 100%
    18   0   0
    Dec 16, 2010
    3,298
    99
    An incident happened in MI where the perp was shot while fleeing and the prosecutor said the homeowner did nothing wrong. The comments from the [perp are pretty funny.

    Mecosta County homeowner fires several shots at intruder, causing multiple injuries | MLive.com

    Article linked above said:
    The tense moments were captured on a recorded 911 call the homeowner made to police just moments before firing four shots from a .12-gauge shotgun inside the Northland Drive home near Paris.
    (Emphasis added)

    A .12 gauge? So a load for that thing would weigh over 8 pounds? I personally wouldn't be interested in putting that one up to my shoulder.

    Gotta love journalists... :n00b:
     
    Rating - 100%
    1   0   0
    Jan 7, 2011
    2,380
    38
    Jeffersonville
    I am not a lawyer, but here is my worthless :twocents:

    If we have a castle doctrine, that is news to me.

    I do believe we have a stand your ground law, which basically means you do not have to retreat or announce your intent to use deadly force.

    Likely, he will spend quite a bit of time and money convincing the prosecutor or jury that he had reason to believe the bad guy caused a threat to him.

    In some states with castle doctrine, it is justifiable if the intruder intends to commit some other felony, but as I stated unless I am unaware we do not have a castle doctrine in Indiana.

    This guy may end up in serious trouble for this, as unjust as that is.

    Just to reiterate, I am not a lawyer
     
    Rating - 0%
    0   0   0
    May 19, 2008
    935
    18
    Sin-city Tokyo
    (Emphasis added)

    A .12 gauge? So a load for that thing would weigh over 8 pounds? I personally wouldn't be interested in putting that one up to my shoulder.

    Gotta love journalists... :n00b:

    Wow! Over 8 pounds of lead certainly would drop a bad guy, but that is no where near as deadly as the .9mm :n00b: :rolleyes: (I've seen this several times in libtard "news" rags) that the hardcore gansta's are carrying to fill their victims full of pencil-lead sized holes!!!
     

    eatsnopaste

    Expert
    Rating - 100%
    1   0   0
    Dec 23, 2008
    1,469
    38
    South Bend
    I am not a lawyer, but here is my worthless :twocents:

    If we have a castle doctrine, that is news to me.

    I do believe we have a stand your ground law, which basically means you do not have to retreat or announce your intent to use deadly force.

    Likely, he will spend quite a bit of time and money convincing the prosecutor or jury that he had reason to believe the bad guy caused a threat to him.

    In some states with castle doctrine, it is justifiable if the intruder intends to commit some other felony, but as I stated unless I am unaware we do not have a castle doctrine in Indiana.

    This guy may end up in serious trouble for this, as unjust as that is.

    Just to reiterate, I am not a lawyer


    Be it enacted by the General Assembly of the State of Indiana:

    SECTION 1. IC 35-41-3-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force. However, a person:
    (1) is justified in using deadly force; only and
    (2) does not have a duty to retreat;
    if the person reasonably believes that that force is necessary to prevent serious bodily injury to the person or a third person or the commission of a forcible felony. No person in this state shall be placed in legal jeopardy of any kind whatsoever for protecting the person or a third person by reasonable means necessary.
    (b) A person:
    (1) is justified in using reasonable force, including deadly force, against another person; and
    (2) does not have a duty to retreat;
    if the person reasonably believes that the force is necessary to prevent or terminate the other person's unlawful entry of or attack on the person's dwelling, or curtilage, or occupied motor vehicle.
    (c) With respect to property other than a dwelling, or curtilage, or an occupied motor vehicle, a person is justified in using reasonable force against another person if the person reasonably believes that the
    force is necessary to immediately prevent or terminate the other person's trespass on or criminal interference with property lawfully in the person's possession, lawfully in possession of a member of the person's immediate family, or belonging to a person whose property the person has authority to protect. However, a person:
    (1) is not justified in using deadly force; unless and
    (2) does not have a duty to retreat;
    only if that force is justified under subsection (a).
    (d) A person is justified in using reasonable force, including deadly force, against another person and does not have a duty to retreat if the person reasonably believes that the force is necessary to prevent or stop the other person from hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight. For purposes of this subsection, an aircraft is considered to be in flight while the aircraft is:
    (1) on the ground in Indiana:
    (A) after the doors of the aircraft are closed for takeoff; and
    (B) until the aircraft takes off;
    (2) in the airspace above Indiana; or
    (3) on the ground in Indiana:
    (A) after the aircraft lands; and
    (B) before the doors of the aircraft are opened after landing.
    (e) Notwithstanding subsections (a), (b), and (c), a person is not justified in using force if:
    (1) the person is committing or is escaping after the commission of a crime;
    (2) the person provokes unlawful action by another person with intent to cause bodily injury to the other person; or
    (3) the person has entered into combat with another person or is the initial aggressor unless the person withdraws from the encounter and communicates to the other person the intent to do so and the other person nevertheless continues or threatens to continue unlawful action.
    (f) Notwithstanding subsection (d), a person is not justified in using force if the person:
    (1) is committing, or is escaping after the commission of, a crime;
    (2) provokes unlawful action by another person, with intent to cause bodily injury to the other person; or
    (3) continues to combat another person after the other person withdraws from the encounter and communicates the other person's intent to stop hijacking, attempting to hijack, or otherwise seizing or attempting to seize unlawful control of an aircraft in flight.
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    Plinker

    Sharpshooter
    Rating - 0%
    0   0   0
    Dec 26, 2010
    622
    16
    Fort Wayne
    My favorite quote is:
    "I've got long hair and tattoos and I just got off parole, so I'm the bad guy automatically,"

    It doesn't help that his priors include breaking and entering, causing bodily injury, and drunk driving. In the words of Bugs Bunny, "What a maroon!"
     

    bighop1

    Plinker
    Rating - 98.8%
    79   1   0
    Dec 29, 2009
    64
    6
    if a bad guy breaks in im not sure one has a choice. what is proper course of action make coffee, ask about his childhood, offer him a tissue,or take him to mamby pamby land and and get that jackwaggon some self confidence so he comes in shooting next time ????
     
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