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Homeowner charged with attempted murder.

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Quote Originally Posted by Firefighterchen View Post
Quote Originally Posted by gmforsythe View Post
Yes, you are correct that I did overlook the part about "prevent" a violent crime. However, how do we KNOW that an individual in our back yard is committing a violent crime if we see no knife or gun or other weapon? We cannot assume that a weapon is present.

I have to disagree that the interpretation of the kid's movement is irrelevant. It is his justification for using deadly force. If the intruder pulled a small hammer out and hit the windshield, does that justify a head shot? Just for the sake of argument, how do we know that what he was reaching for was not a badge so that he could identify himself as law enforcement investigating a prowler? At 2AM, it is just possible that the homeowner was not able to see that it was a 14-year old kid. We don't have that information, do we?

Again, I'm not trying to be a smartass; I'm just trying to learn here. I have absolutely zero experience (and hope never to have any), but I'm just trying to apply what I learned in the class about justification for use of deadly force, and I simply would have hesitated before taking the shot. Your suggestion of verbal clarification by the homeowner is an excellent point. Verbal communication by the intruder might also have prevented this result. Silence here by both was NOT golden.
It doesn't take a weapon to commit a violent crime.

Imo, if the criminal tries to pull anything out, small hammer included, and makes the home owner believe his life is in danger, then yes the home owner can shoot. For future reference, there is no shooting to wound, head shots are just like any other shot.

Quote Originally Posted by Firefighterchen View Post
It doesn't take a weapon to commit a violent crime.

Imo, if the criminal tries to pull anything out, small hammer included, and makes the home owner believe his life is in danger, then yes the home owner can shoot. For future reference, there is no shooting to wound, head shots are just like any other shot.
You are right, no shot is a shot to wound. If you are going to aim your gun and put your finger on that trigger, then it is a definite kill shot. If you can't do that, you don't need to own a gun. If you shoot to wound, you can be sued and thanks to our wonderful judicial system, you will lose this battle.
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