Another Castle Doctrine Case - Page 2
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Thread: Another Castle Doctrine Case

  1. Interesting case.
    It's hard to comment without all the facts.
    However, I will, because that is what we do here in forum land.

    If (big if) the wording of the article can be believed this guy should be ok with a good lawyer.

    The SC castle doctrine (16-11-410) expounds heavily on being in a dwelling and the perp breaking in the dwelling.

    But, it also has a clause for using deadly force while you are in any place that you have a lawful right to be and you do not have to retreat.

    16-11-440 C
    A person who is not engaged in an unlawful activity and who is attacked in another place where he has a right to be, including, but not limited to, his place of business, has no duty to retreat and has the right to stand his ground and meet force with force, including deadly force, if he reasonably believes it is necessary to prevent death or great bodily injury to himself or another person or to prevent the commission of a violent crime as defined in Section 16-1-60.


    So, if Ferguson really did charge him with a lawnmower blade first I can see where 16-11-440 C would apply. Morris was in a place he had a right to be and another person attacked him with a lawnmower blade. I am not aware of a law that says you must hide in your house and call the police or wait for them to break down the door.

    They are charging Morris with attempted murder.

    16-3-29
    A person who, with intent to kill, attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder.



    I guess it may be possible to convince a jury that Morris "baited" Ferguson by going outside so that he could shoot him but that would take a lot of convincing for me if I was on the jury. The man was on his property and was attacked. Once again, if you can believe the article, he obviously was not trying to kill Ferguson because of an arm shot and then a warning shot into the ground to scare Ferguson.

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  3. #12
    Quote Originally Posted by glendenbreed View Post
    Stay on guard stay indoors and wait for ( a) BG to try and get in then shoot him. Or (b) the cops to get there and handle it.


    Also is it really attempted murder with a. 22. I'm thinking more along the lines of assault ..lol
    Cough, a 22 of all things. Think that only qualifies for "Asinine Assault".

    And no, don't go outside in a case like this. You already know who's there, there's no livestock to check on, none of your kids are outside, there's just no reason to.

  4. Quote Originally Posted by jg1967 View Post
    And no, don't go outside in a case like this. You already know who's there, there's no livestock to check on, none of your kids are outside, there's just no reason to.
    While I agree with you (I am generally a pansy and would have hid in a room with only one door and called the police), opening the door/going outside is not against the law and shooting a man who is charging you with a lawnmower blade is definitely not attempted murder.

  5. #14
    Quote Originally Posted by bhrama View Post
    While I agree with you (I am generally a pansy and would have hid in a room with only one door and called the police), opening the door/going outside is not against the law and shooting a man who is charging you with a lawnmower blade is definitely not attempted murder.
    It's not against the law per se ... but they will ask you in court "WHY?" And that is very hard to answer.

  6. Charges against the homeowner were dropped by the solicitor.

    Public Index Case Details

  7. #16
    Join Date
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    Location
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    Once they enter my home past alarm, lights, dogs and locked doors I don't care if you are armed or not you are going to have a bad ending to your day.

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