Another SC Home Defense Shooting - Page 4
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Thread: Another SC Home Defense Shooting

  1. #31
    I went back and refreshed myself on the OP and have no problems with what the old man did. As for calling 911 on every noise, there is no need unless you want to tie up the lines so no emergency can get through. The kid took one had out of his pocket and hesitated with the other one which would make me think he had some kind of weapon in there. I think that anyone with a reasonable amout of sense would agree. However we can't count on a jury to have any kind of sense on this kind of decision. Someone standing there with both hands in their pockets and you holding a gun on them is going to obey your comands immediately unless they are up to no good and going to try something. That is the way I see it and I think any prudent person would.

  2.   
  3. What was the 19 yr old doing with property that was not his. Did he have a right to try and take what was not his? Where does one draw the line between a good bad guy and a bad bad guy? My hat off to the old guy. Maybe if the message gets out crime will drop. If not what will be violated after the truck?

  4. Juanito, is there such a thing as a good bad Guy?

  5. #34
    Join Date
    Jul 2009
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    Hey juanito: Go to the laws of SC, per this forum, and read Section 16-11-440--Protection of Persons and Property. deadly force can be use where there is a "presumption of reasonable fear of imminent peril of death or great bodily injury" annd "against whom the deadly force is used is in the process of unlawfully and forcefully entering or has entered a dwelling or OCCUPIED vehicle"--no mention of unoccupied vehicle. You can read this and assume no criminal consequences (up to a prosecutor) but there still may be civil consequences and, in any event, legal costs. Personally, for "stuff", I am not going to start a gun fight or put myself in a position to be killed--that is why I pay for insurance. Others feel differently and I understand and support their actions. Unoccupied car is one thing, coming into my home when I am home is a different ballgame.

  6. #35
    Join Date
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    Santa Fe Area, New Mexico
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    Kudos to the old man. I would have probably done the same thing. There was a story in Jedburg, SC a few years back about a older couple taking their evening walk through their property. The man had a 38 snub concealed with no permit, which is OK as long as you're on your property. As they came back to their house, two BG's had pretty much emptied all worthy contents they wanted on the front lawn and was in the process of loading up their car. Neither BG's were armed,but a few long guns from the house was laying on the lawn. The man drew, yelled at them both to freeze. One of the BG's bent down to grab the rifle and the man shot twice killing the first BG. The second BG complied and the wife called the county LEO's. NO Charges filed.

    I always like a happy ending..............

  7. #36
    Join Date
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    Hey mappow: SC has a fairly documented history of not filing any charges in these kind of cases and I have no problem in reaffirming those actions if on a jury. Some states, however, are not as lenient and it should be stressed in this forum, whenever we add our comments, that you must do your due diligence in learning the ins and outs of your state's laws and judicial opinions regarding any form of action you may take with your firearm.One size does not fit all.

  8. #37
    Juanito, I am curious why you chose to reply to this thread when there hasn't been any posting activity on it for a little over two months?

    Don't take it personal, people sometimes ask me the same thing.

  9. #38
    Funny that this subject should come up now. A few weeks ago I rode my Harley over to the Police Station. I waited until I saw an officer get out of a police car. He was a plainclothes detective. I told him that I recently had obtained a CCW,but a question occurred to me that wasn't covered in class. Could I shoot someone if I heard a noise in my driveway, and came out to find someone breaking into my car? He honestly didn't know. But he told me he'd find out and call me back.

    Two days later I received a call from him. He had checked with the Chief and the City Attorney, and both had said that I would be arrested if I shot someone for that. The Castle Doctrine covers your HOUSE. It also covers your car, but you have to be IN IT at the time someone is breaking into the car. If you shoot them, and they die, you'll be charged with murder. That ruling also backs up what an attorney said on one of the video tapes we saw in class. "You can't kill someone over a piece of property." Property can be replaced. A human life can't. That is the distinction.

    So be careful how you handle a situation that doesn't involve IMMEDIATE threat to your life, or bodily damage to you or someone else nearby. You could wind up in jail and charged with murder.

    If this old guy wasn't charged with anything, there has to be more to this story than was told here, because he was in direct conflict with S.C. Law. I'm not saying the young man didn't deserve to have his butt kicked real good, but you can't murder someone, and that's what it wold have been. I'm real surprised he isn't facing a civil lawsuit from the kid or the kid's family, because they certainly have cause.

  10. #39
    Join Date
    Feb 2010
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    Santa Fe Area, New Mexico
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    Hear what your saying GOV but the old man per OP "He ordered him to turn around and face him and told him to take his hands out of his pockets as he stood there. The 19 year old hesitated and then took one hand out and started to take the other hand out" AT that time he must of had a fear of something and shot. Unfortunately, the OP does not state if the BG was armed or not. BUT your are correct, be sure, be dam sure. IT WILL be a life changing event on both sides of the weapon.

  11. #40
    Quote Originally Posted by mappow View Post
    Hear what your saying GOV but the old man per OP "He ordered him to turn around and face him and told him to take his hands out of his pockets as he stood there. The 19 year old hesitated and then took one hand out and started to take the other hand out" AT that time he must of had a fear of something and shot. Unfortunately, the OP does not state if the BG was armed or not. BUT your are correct, be sure, be dam sure. IT WILL be a life changing event on both sides of the weapon.
    I know what you are saying about the hesitation with the young guy, but he did STILL have his back turned to the old guy. Even if the boy had a gun, he would have to turn around first to fire at the old man, or make some kind of move to turn and fire. Remember, the old man had the gun pointing at the boy already. He certainly could fire before the boy made his move to "turn and fire".

    My point is that because this discussion has gone on for many posts, there are several opinions on what when, where, and how about this incident. It ISN'T "cut and dry". This thing winds up in court in most cases. I don't want that for me. Juries come up with some weird results. Remember, a jury is doing "armchair quarterbacking".

    They have the luxury of looking at it from a hundred different angles, with as much time as they please. The shooter didn't have that luxury. He had to make a call immediately. If he screwed up, too bad. The jury will look at it like he should have known what he is doing if he is going to have and carry a gun. Besides, what happens when an anti-gun person, or persons, are sitting on the jury.

    Finally, I'm a CCW holder, and it's pretty smelly to me. Can you imagine what it would like like to a jury?

    Know your local laws boys and girls. It will save you a lot of trouble. I know you can't know all of them for every instance, but this one was a "no brainer". The old guy was wrong, and got away with it. Don't count on being that lucky.

    I want "cut and dry". The officer comes, surveys the situation, thanks me for apprehending a bad guy, puts the BG in the patrol car, tells me to have a nice day, AND LEAVES. No court, no hassles!

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