Manslaughter?

 
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Old 01-31-2017, 03:22 PM
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Default 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?
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Old 01-31-2017, 03:53 PM
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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.
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Old 01-31-2017, 05:16 PM
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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?
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Old 01-31-2017, 05:30 PM
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Are there states that allow a citizen to fire at a fleeing car that does not present a threat anymore?
...
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Old 01-31-2017, 05:55 PM
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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.
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Old 01-31-2017, 06:38 PM
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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.

Only you.....💩
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Old 01-31-2017, 06:43 PM
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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.
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Old 01-31-2017, 07:56 PM
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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:
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Old 01-31-2017, 08:56 PM
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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...
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Old 02-01-2017, 07:31 AM
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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.
  #11  
Old 02-01-2017, 11:57 AM
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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.
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Old 02-01-2017, 12:51 PM
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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.

Ya wanna change your opinion now?
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Old 02-01-2017, 07:51 PM
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Default It is soooooo easy to have your view

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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.
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.
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Old 02-01-2017, 08:36 PM
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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.

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?

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

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


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

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.
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Old 02-02-2017, 09:13 AM
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You're making absolutely no sense...but then that's typical of your constant yelling in CAPS.

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?

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

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


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

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?
 

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car, manslaughter

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