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-   -   Manslaughter? (https://www.talkofthevillages.com/forums/villages-florida-political-talk-88/manslaughter-228576/)

Sandtrap328 01-31-2017 03:22 PM

Manslaughter?
 
The Fox News app has a story about a 65 year old Minnesota man. He was awakened by a noise and it was someone breaking into his house. The would-be burglar ran outside to a getaway car and drove off. The homeowner took his .45 pistol and shot at the car. One of the three occupants was hit and died at the hospital. The homeowner was arrested and has been charged with manslaughter.

Was he in the right to fire at the car even though his life or property was not in danger at that point?

MDLNB 01-31-2017 03:53 PM

Quote:

Posted by Guest
The Fox News app has a story about a 65 year old Minnesota man. He was awakened by a noise and it was someone breaking into his house. The would-be burglar ran outside to a getaway car and drove off. The homeowner took his .45 pistol and shot at the car. One of the three occupants was hit and died at the hospital. The homeowner was arrested and has been charged with manslaughter.

Was he in the right to fire at the car even though his life or property was not in danger at that point?

Depends on the laws of that state. Every state has different use of force laws. Or do you want an opinion as to whether we feel he was right in capping the scumbags?

Personally, I doubt I would fire at a fleeing car unless being shot at. But, I was not there and it is easy to say after the fact.

Most likely, he will get convicted of the charge, but a good judge will give him a light sentence.

Sandtrap328 01-31-2017 05:16 PM

Quote:

Posted by Guest
Depends on the laws of that state. Every state has different use of force laws. Or do you want an opinion as to whether we feel he was right in capping the scumbags?

Personally, I doubt I would fire at a fleeing car unless being shot at. But, I was not there and it is easy to say after the fact.

Most likely, he will get convicted of the charge, but a good judge will give him a light sentence.

Are there states that allow a citizen to fire at a fleeing car that does not present a threat anymore?

AJ32162 01-31-2017 05:30 PM

Quote:

Posted by Guest
Are there states that allow a citizen to fire at a fleeing car that does not present a threat anymore?

...

ColdNoMore 01-31-2017 05:55 PM

Given that there are those that think it's just fine for a cop to shoot someone in the back (as long as they're black) because of a broken taillight...I'm sure we will hear many who think that there's nothing wrong with this either. :ohdear:

MDLNB 01-31-2017 06:38 PM

Quote:

Posted by Guest
Given that there are those that think it's just fine for a cop to shoot someone in the back (as long as they're black) because of a broken taillight...I'm sure we will hear many who think that there's nothing wrong with this either. :ohdear:


Only you.....💩

MDLNB 01-31-2017 06:43 PM

Quote:

Posted by Guest
Are there states that allow a citizen to fire at a fleeing car that does not present a threat anymore?

Did you not read the whole comment, or are you having a comprehension problem? If you need help, I'll try to make it easier for you.

"I doubt I would fire at a fleeing car unless being shot at."

I saw a guy in Maryland get off after shooting a teenager in the back nine times while he was sleeping in the man's vacant home. A dead person can't argue the merits of the case in court.

rubicon 01-31-2017 07:56 PM

In some states it is legal if you shoot someone who broke into your home. In others like, FL there is a "stand your ground" law.

However it would be my guess that each case in any state would be adjudicated based on the facts. Also the law is subject to change based on ongoing case law/ so that what is true today may not be tomorrow.. I'm not licensed to practice law:)

Personal Best Regards:

dirtbanker 01-31-2017 08:56 PM

Quote:

Posted by Guest
The Fox News app has a story about a 65 year old Minnesota man. He was awakened by a noise and it was someone breaking into his house. The would-be burglar ran outside to a getaway car and drove off. The homeowner took his .45 pistol and shot at the car. One of the three occupants was hit and died at the hospital. The homeowner was arrested and has been charged with manslaughter.

Was he in the right to fire at the car even though his life or property was not in danger at that point?

No. He should have shot the guy when the thief opened the patio door on the second story of his home, that is the only time when he was in any danger. A fleeing car is not a danger and therefore not grounds to shoot.

An odd thing about this story was the 2 surviving boys admitted they were casing the place for a future robbery. Did the police not think to investigate weather they had broke into other homes in the past, and arrest them?

Robbery is a dangerous act...

Sandtrap328 02-01-2017 07:31 AM

Quote:

Posted by Guest
In some states it is legal if you shoot someone who broke into your home. In others like, FL there is a "stand your ground" law.

However it would be my guess that each case in any state would be adjudicated based on the facts. Also the law is subject to change based on ongoing case law/ so that what is true today may not be tomorrow.. I'm not licensed to practice law:)

Personal Best Regards:

Is it Standing Your Ground when you fire at a fleeing person? No, not even in Floriduh.

Dr Winston O Boogie jr 02-01-2017 11:57 AM

Quote:

Posted by Guest
The Fox News app has a story about a 65 year old Minnesota man. He was awakened by a noise and it was someone breaking into his house. The would-be burglar ran outside to a getaway car and drove off. The homeowner took his .45 pistol and shot at the car. One of the three occupants was hit and died at the hospital. The homeowner was arrested and has been charged with manslaughter.

Was he in the right to fire at the car even though his life or property was not in danger at that point?

I'd say no. Once the man was fleeing there was no imminent danger.

In Florida if someone enters your home against your wishes you have the right to shoot them. I think that unless the person was brandishing a weapon, most responsible gun owners would question the person first and order him to leave. If he refused to leave and posed a threat then you have every right to shoot him.

If it were me, I'd call 911 and let them know that there was an intruder that was refusing to leave and that if he made a wrong move I'd have no choice but to shoot. In that case hopefully the police would arrive before a tragedy occurs.

But shooting a person that is running away, unless they are running away with your child, is wrong and this guy should be charged and convicted.

It's manslaughter and not murder because it wasn't premeditated and they won't be able to prove that he intended to kill anyone. He can say that he was trying to shoot out the tires.

I would expect that the charges might be reduced to something like reckless endangerment or involuntary homicide.

The laws vary from state to state, but I don't think that shooting a person that is fleeing is legal anywhere.

ColdNoMore 02-01-2017 12:51 PM

Quote:

Posted by Guest
I'd say no. Once the man was fleeing there was no imminent danger.

In Florida if someone enters your home against your wishes you have the right to shoot them. I think that unless the person was brandishing a weapon, most responsible gun owners would question the person first and order him to leave. If he refused to leave and posed a threat then you have every right to shoot him.

If it were me, I'd call 911 and let them know that there was an intruder that was refusing to leave and that if he made a wrong move I'd have no choice but to shoot. In that case hopefully the police would arrive before a tragedy occurs.

But shooting a person that is running away, unless they are running away with your child, is wrong and this guy should be charged and convicted.

It's manslaughter and not murder because it wasn't premeditated and they won't be able to prove that he intended to kill anyone. He can say that he was trying to shoot out the tires.

I would expect that the charges might be reduced to something like reckless endangerment or involuntary homicide.

The laws vary from state to state, but I don't think that shooting a person that is fleeing is legal anywhere.

We agree. :thumbup:

Ya wanna change your opinion now? :D

autumnspring 02-01-2017 07:51 PM

It is soooooo easy to have your view
 
Quote:

Posted by Guest
Given that there are those that think it's just fine for a cop to shoot someone in the back (as long as they're black) because of a broken taillight...I'm sure we will hear many who think that there's nothing wrong with this either. :ohdear:

UNTIL-it effects you or someone in your family.
My sister, LIKE YOU, was pro illegal aliens TILL one driving with no license, no insurance rear ended her daughters car and caused her car to flip over. My nieces arm is now mostly useless.

MY SISTER WHO HAD VOTED FOR OBAMA VOTED FOR TRUMP.

TAKE A WALK IN THE REAL WORLD.

ColdNoMore 02-01-2017 08:36 PM

Quote:

Posted by Guest
UNTIL-it effects you or someone in your family.
My sister, LIKE YOU, was pro illegal aliens TILL one driving with no license, no insurance rear ended her daughters car and caused her car to flip over. My nieces arm is now mostly useless.

MY SISTER WHO HAD VOTED FOR OBAMA VOTED FOR TRUMP.

TAKE A WALK IN THE REAL WORLD.

You're making absolutely no sense...but then that's typical of your constant yelling in CAPS. :rolleyes:

Number 1, the incident I was referencing had nothing to do with an undocumented person...nor have I EVER stated that I am "pro-illegal alien." I am more than willing and capable of paying higher prices for everything, to control the number of the undocumented coming to this country. More importantly though, I want to see those who hire these undocumented workers....thrown in jail!

Number 2, do you think it's only those that are here illegally that do what happened to your sister? Seriously, do you really think that there aren't poor (or even well-off that have lost their licenses due to DUI's, Etc.) white people... running around that don't have automobile insurance either? :oops:

Number 3, are you really so ignorant as to want to use such obvious logical fallacies...to make your point? Really? :ohdear:

Number 4, I suggest you also go look up the definition of 'confirmation bias'...as you've just given an excellent example. :thumbup:


Ah he11, I'll do it for your lazy azz. :1rotfl:

Confirmation Bias Definition and Examples

Quote:

Confirmation Bias Definition:

The confirmation bias refers to the tendency to selectively
search for and consider information that confirms one's
beliefs.


MDLNB 02-02-2017 09:13 AM

Quote:

Posted by Guest
You're making absolutely no sense...but then that's typical of your constant yelling in CAPS. :rolleyes:

Number 1, the incident I was referencing had nothing to do with an undocumented person...nor have I EVER stated that I am "pro-illegal alien." I am more than willing and capable of paying higher prices for everything, to control the number of the undocumented coming to this country. More importantly though, I want to see those who hire these undocumented workers....thrown in jail!

Number 2, do you think it's only those that are here illegally that do what happened to your sister? Seriously, do you really think that there aren't poor (or even well-off that have lost their licenses due to DUI's, Etc.) white people... running around that don't have automobile insurance either? :oops:

Number 3, are you really so ignorant as to want to use such obvious logical fallacies...to make your point? Really? :ohdear:

Number 4, I suggest you also go look up the definition of 'confirmation bias'...as you've just given an excellent example. :thumbup:


Ah he11, I'll do it for your lazy azz. :1rotfl:

Confirmation Bias Definition and Examples

I bet you not only got beat up a lot as a kid, but get punched out a lot now. Is there some reason that you cannot discuss something without insulting everyone you disagree with?

ColdNoMore 02-02-2017 10:34 AM

Quote:

Posted by Guest
I bet you not only got beat up a lot as a kid, but get punched out a lot now. Is there some reason that you cannot discuss something without insulting everyone you disagree with?

LOL, I was (and am) way too big...to have been picked on. ;)

But I do appreciate you proving me correct AGAIN...in one of my other posts. :thumbup:

Quote:

Posted by Guest
The ONLY time you include a link MLGBT is when you find some 'opinion' piece to start a new thread...typically from a highly biased source.

After that, legitimate citations/links backing your feeble opinion...comes to a screeching halt.

Hint; Any ignorant twit can start a thread from fake and/or slanted news...so you're far from 'special.'

You're certainly 'special' in other ways though...ie: being a simpleton, who is untouched by rational reasoning or cognitive thinking. :1rotfl:

When an intelligent discourse actually does break out (and no, RubiTHECon's soapbox diatribes are not in that category), you offer nothing but a plethora of one and two liners trying to denigrate those who actually link facts...to support their position.

So please, don't ever delude yourself into thinking that you provide anything more than troll bait...because you don't. ;)

Add to that, the fact that you can't seem to keep from posting those unintelligible/denigrating one/two liners multiple times ON EVERY SINGLE thread and your unintelligent, childish and peevish obsession and personality with this forum (as Chi has pointed out numerous time)...becomes glaringly evident and oozes to the forefront. :oops:

So be careful you don't sprain something patting yourself on the back, for what amounts to little more than dog feces...on the bottom of any intelligent persons shoe. :thumbup:

Deepest Sincere Wishes:
:wave:


Sandtrap328 02-02-2017 10:48 AM

Quote:

Posted by Guest
UNTIL-it effects you or someone in your family.
My sister, LIKE YOU, was pro illegal aliens TILL one driving with no license, no insurance rear ended her daughters car and caused her car to flip over. My nieces arm is now mostly useless.

MY SISTER WHO HAD VOTED FOR OBAMA VOTED FOR TRUMP.

TAKE A WALK IN THE REAL WORLD.

Exactly what does your post contribute to the thread which is regarding shooting at a fleeing burglar?

Please pay attention to the topic being discussed or you will be removed from the Political Discussion Forum.

Dr Winston O Boogie jr 02-02-2017 12:08 PM

Quote:

Posted by Guest
We agree. :thumbup:

Ya wanna change your opinion now? :D

Why would I change my opinion? I don't even know who you are. Even if I did, that wouldn't make me change my opinion.

MDLNB 02-02-2017 01:04 PM

Quote:

Posted by Guest
LOL, I was (and am) way too big...to have been picked on. ;)

But I do appreciate you proving me correct AGAIN...in one of my other posts. :thumbup:

Yep, I was right. I'm sorry if I was one of them in the past.

ColdNoMore 02-02-2017 03:07 PM

Quote:

Posted by Guest
Why would I change my opinion? I don't even know who you are. Even if I did, that wouldn't make me change my opinion.

Lighten up...it was a joke. chilout

ColdNoMore 02-02-2017 03:10 PM

Quote:

Posted by Guest
Yep, I was right. I'm sorry if I was one of them in the past.

The troll is proving me correct...AGAIN! ;)

Quote:

Posted by Guest
Add to that MLGBT, the fact that you can't seem to keep from posting those unintelligible/denigrating one/two liners multiple times ON EVERY SINGLE thread and your unintelligent, childish and peevish obsession and personality with this forum (as Chi has pointed out numerous time)...becomes glaringly evident and oozes to the forefront. :oops:


And I can guarantee, you've never had what it takes...to try and bully me. :wave:

MDLNB 02-02-2017 03:14 PM

Quote:

Posted by Guest
The troll is proving me correct...AGAIN! ;)




And I can guarantee, you've never had what it takes...to try and bully me. :wave:


Ha, ha, ha.

Dr Winston O Boogie jr 02-02-2017 04:18 PM

Quote:

Posted by Guest
Lighten up...it was a joke. chilout

I guess I didn't get it. The thing is that, as I said, I don't see anyone's name on this forum so I have no idea who is posting.

Also, I like when people that have overall philosophies than me and I agree. It shows that there is room for agreement.


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