Newest SC Home Breakin and Castle Doctrine
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Thread: Newest SC Home Breakin and Castle Doctrine

  1. #1
    Join Date
    Jul 2009
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    Newest SC Home Breakin and Castle Doctrine

    At around 8:30 in morning on April 13, two wannabe thieves entered a home by apparently slipping under a partially opened garage door. Unfortunately for them the owner was home, heard noises, got his handgun, and when he saw one of the perps he fired and killed him--no imminent danger per se but in your home the presumption of same is a legal given under Castle Doctrine and is backed up by prosecutors and courts in SC. The other perp ran out of the house but was eventually arrested. No charges will be filed. Castle Doctrine is alive and well in SC--if you are a perp you had better load up on life insurance for your kin if your methodology is entering other people's homes.

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  3. #2
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    Just one reason I really like living here.

  4. #3
    Not that I ever wish to use the Castle Doctrine, but +1 for living in SC. Thanks for sharing.

  5. #4
    They were in his home, so they were an immediate threat of grave bodily harm by default. It's good to see the legal beagles get it right for a change.

  6. #5
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    Hey "G". Lately, if not for a long time, SC prosecutors have been getting it right all the time; just make sure you keep your mouth shut unless all you are going to say is that you were "scared to death and I thought he was going to kill me". If someone enters your home uninvited, for literally any reason they can or would have come up with, there is a presumption of imminent danger to the homeowner and all bets are off on the life of the intruder. That is the way it should be regardless of where you live and, as the other repliers have said, +1 for SC and a reason to like living here, where, if you are a homeowner, you never have to think you "acted stupidly" to take a quote from our girly man king in the whitehouse.

  7. #6
    Quote Originally Posted by kelcarry View Post
    Hey "G". Lately, if not for a long time, SC prosecutors have been getting it right all the time;
    You can thank former AG Charlie Condon for that.

  8. #7
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    Feb 2010
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    OK Boys and Girls, HOT off the press. Please, no sympathy, just send cash. I really do believe that's what the surviving members of this guys family will try. But, I digress, please READ on.
    MONCKS CORNER -- Former Berkeley High School football star Bobby Gadsden was shot in the back of the head when he was caught stealing a gun and ammunition inside a man's home last week.

    A pair of handcuffs, a black butterfly knife and a cell phone were in the dead man's pockets, authorities said Monday.

    Despite swirling, small-town rumors and a grieving family's Internet campaign questioning whether Gadsden's death was justified, Moncks Corner police say they have no intention of charging the 50-year-old homeowner or anyone else except for the two men police say were helping Gadsden break into the Cooper River Boulevard home.

    Lt. Wendell Bowen said nothing in their investigation, including statements from one of the co-defendants, indicates that Cecil Barwick acted with anything but the appropriate force when he fired on Gadsden as the 21-year-old bounded down the stairs with the gun and ammo.

    Bowen said it appears Gadsden may have had just enough time to turn when he saw Barwick at the bottom of the stairs. Barwick's one shot caught him in the back of the head, to the side.

    He said the investigation has been especially difficult because Gadsden was a talented athlete who was well-liked by everyone in the community, even among some of the officers investigating his death.

    "We hate to hear all the rumors because it does nothing but fuel speculation from the family," Bowen said.

    Gadsden's mother, two uncles and grandmother from Newark, N.J., say they haven't received satisfactory answers from authorities since arriving Thursday in the town where Gadsden lived with a third uncle. The uncle, Tyler Williams, started a Facebook page, "Justice for Bobby L. Gadsden," demanding answers. As of Monday, the page had more than 500 "likes."

    "We're not drawing any conclusions," Williams said. "We just want to make sure the laws are enforced for everyone."

    Williams said they're upset because they were originally told Gadsden was shot in the chest and because Berkeley County Coroner Bill Salisbury has declined to request an autopsy or release the body to them until they authorize a funeral home to take custody of it.

    Salisbury said he told Gadsden's father, an inmate in a Kentucky penitentiary, that his son died from a gunshot wound to the back of the head. He denied that anyone from his office said anything otherwise.

    The coroner said an autopsy isn't needed because he already knows what caused the man's death and because there isn't going to be a criminal case into his death.

    Bowen addressed some of the issues seized upon by the family. The incident report, released Monday, said Barwick shot Gadsden with a shotgun. Bowen said the officer wrote the report based on information that came from dispatchers at the time of the initial call. The investigation determined Barwick had a handgun.

    Bowen also said initial statements given to reporters at the scene that Barwick walked out of the house when he first heard footsteps upstairs were incorrect. He said Barwick looked out the window -- but never left the house -- to see if a family member had arrived and then armed himself.

    Bowen said there wasn't enough space or time for there to be anything but the brief confrontation between Gadsden and Barwick, who was home shaving at the time.

    Investigators responding to reports that one man was still inside and another had fled found Gadsden face-down near the stairs with the handcuffs, knife and cellphone in his pocket.

    Investigators traced the cellphone to two people who said they loaned the phone to 18-year-old Tyler McCoy, one of the suspects. Clifford Ramsey, also a suspect, was found a quarter-mile away, gave a statement to police saying he and McCoy were involved in the burglary with Gadsden, according to an arrest warrant.

    Bowen said Ramsey, after initially deflecting questions, has been a forthcoming witness who hasn't implicated anyone else in the crime.

    Williams said they will continue to seek answers and plan to demand a federal investigation.
    "The smallest minority on earth is the individual. Those who deny individual rights cannot claim to be defenders of minorities." --author and philosopher Ayn Rand (1905-1982)

  9. #8
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    The comments from the family are the usual "he was a good boy". I have heard that comment so many times, I want to puke. The family may not like the way he was killed but I am sure they would have little to say if he had killed Barwick. Leave it up to the newspaper to tell us he was a football star like that somehow means something.

  10. #9
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    Apr 2010
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    South Central N.Car.
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    The thief knew the danger he was putting himself in when he broke into the home. He got exactly what he needed. SCs castle doctrine extends not only to one's home but to their whole property. Break into one's out building/auto/etc. and your life is in jeprody--as it should be. I live about 20 miles from the SC line and often work there. Wish NC had similiar laws. Here one can only use lethal force when the perp is actually breaking in or if they pose imminent danger to your life or others. Horay for SC laws.

  11. #10
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    Jul 2010
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    Houston Metro Area, Texas
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    Castle Doctrine in Texas, don't wish to kill anyone, don't try to harm, rob, assualt of enter my home illegally and all is well. Criminal is always a talent wasted, maybe if his talent had been an "HONEST" job he would not have had it wasted.

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