Hero or Criminal? - Page 2

estranged4life · #16 11-27-2004, 12:38 AM

Quote:

Originally Posted by gldstwmn

If he would have shot them or injured them in the home, there would be no charges pressed.
He cannot argue self defense once he leaves the home and pursues the criminals. So yes, he broke the law and will probably be prosecuted.

in Oklahoma, But at the same time to use self-defense your family/yourself would have to be physically threatened for that to apply, And then you can use deadly force within the law (Oklahoma's "Make My Day" law).

Recently an OKC resident shot and killed a burgular he caught in the act, Even though the burgular did not threaten him or even have a weapon the homeowner may face felony criminal charges for the suspects death.

Once you leave your domain you can be possibly prosecuted, Even if you injure the suspect while trying to pursue 'em.

Tell ya what, If anyone was to ever break-in on us and threaten us they better kill me rightaway cause they will only be allowed to "drop" their weapon once cause after I blow a hole in 'em trying to hold their weapon will be the LEAST of their worries!

Brian "A very proficient marksman" j.

gldstwmn · #17 11-27-2004, 12:43 AM

Quote:

Originally Posted by ShangriLaTroubl

After someone shoots at you, is it still illegal to kill that person?

Chris

That depends. Am I pursuing them with intent to harm them?

gldstwmn · #18 11-27-2004, 12:47 AM

Quote:

Originally Posted by estranged4life

in Oklahoma, But at the same time to use self-defense your family/yourself would have to be physically threatened for that to apply, And then you can use deadly force within the law (Oklahoma's "Make My Day" law).

I believe they were physically threatened in this case.
Anyway, my daughter's uncle, who is a sheriff, always used to tell me "If you ever shoot anybody, make sure it's in the house."

sara1998 · #19 11-27-2004, 12:50 AM

Quote:

Originally Posted by gldstwmn

I believe they were physically threatened in this case.
Anyway, my daughter's uncle, who is a sheriff, always used to tell me "If you ever shoot anybody, make sure it's in the house."

And to make damn sure you kill 'em! Then they can't testify against you.

gldstwmn · #20 11-27-2004, 12:56 AM

Quote:

Originally Posted by sara1998

And to make damn sure you kill 'em! Then they can't testify against you.

Yup.

ShangriLaTroubl · #21 11-27-2004, 12:57 AM

Quote:

Originally Posted by gldstwmn

That depends. Am I pursuing them with intent to harm them?

No you are pursuing them to get their tag number...

Chris

GateandGarden · #22 11-27-2004, 12:58 AM

I was going to say that the guy committed vehicular homicide and that this was not self-defense because it was after the criminal came into his house, but since they were shooting at him at the time (didn't Chris say that?) isn't it self-defense in that case, whether he was pursuing them to begin with or not? They started shooting at him first, right? So couldn't he say that he was defending himself from the gunshots by running one of them over? Just some thoughts.

Hillary

estranged4life · #23 11-27-2004, 12:58 AM

Quote:

Originally Posted by gldstwmn

Anyway, my daughter's uncle, who is a sheriff, always used to tell me "If you ever shoot anybody, make sure it's in the house."

my Mother (Btw, Who's 2 Uncles used to be on the Muskogee OK police force taught us to "make sure the suspects are within your premises before using 'em for target practice"...lol!!!) taught us 3 boys how to proficiently to "lock & load" & general gun safety at an early age (ie-How to unlock the safety, Check the chamber for the projectile, How to reload).

Kinda strange but I have the same ability to shoot a weapon as does my Uncle Dennis who was a "sniper" during the Vietnam War...If it wasnt for my respiratory illness (Which I still occassionally suffer from) I would have enlisted in US Army as a "Rifleman/Marksman/Sniper/Merc".

Brian j.

gldstwmn · #24 11-27-2004, 01:02 AM

Quote:

Originally Posted by ShangriLaTroubl

No you are pursuing them to get their tag number...

Chris

How can you be certain of that?

ShangriLaTroubl · #25 11-27-2004, 01:03 AM

Quote:

Originally Posted by gldstwmn

How can you be certain of that?

That's true. It's his word against a criminals only..God knows these days a robbers' word would be more trustworthy to some...

Chris

gldstwmn · #26 11-27-2004, 01:04 AM

Quote:

Originally Posted by GateandGarden

I was going to say that the guy committed vehicular homicide and that this was not self-defense because it was after the criminal came into his house, but since they were shooting at him at the time (didn't Chris say that?) isn't it self-defense in that case, whether he was pursuing them to begin with or not? They started shooting at him first, right? So couldn't he say that he was defending himself from the gunshots by running one of them over? Just some thoughts.

Hillary

The self defense went out the window the minute he left his home and started pusuing them in his car.

ShangriLaTroubl · #27 11-27-2004, 01:05 AM

Quote:

Originally Posted by gldstwmn

The self defense went out the window the minute he left his home and started pusuing them in his car.

Well self defense against the criminals' actions in his home..He had renewed self defense when he was shot at by the criminals IMO.

gldstwmn · #28 11-27-2004, 01:06 AM

Quote:

Originally Posted by ShangriLaTroubl

That's true. It's his word against a criminals only..God knows these days a robbers' word would be more trustworthy to some...

Chris

What I'm saying to you is, would that hold up in court? This isn't my opinion, it's the law.

estranged4life · #29 11-27-2004, 01:07 AM

pursue after a suspect because in my "pissed-off-to-rage-filled-hatred" state of mind I may put some innocent person's life at stake with my carelessness to KILL the suspect.

Besides, They wouldnt make out the door cause its hard to walk when your legs and/or head is blown off yer body

Brian "I saw my Mom shoot her ex-husband after he physically assaulted her...Shot him right in the ass

My Mom, a great marksman "j.

ShangriLaTroubl · #30 11-27-2004, 01:08 AM

Quote:

Originally Posted by gldstwmn

What I'm saying to you is, would that hold up in court? This isn't my opinion, it's the law.

Well of course there would be no proof that the man had only intent to write down their tag number. The jury or judge would have to just decide which the believe. Likely they would get charged for the robbery, threats, etc. and in my opinion in court the Mr.O'Neal guy's word (hopefully) would be believed over the criminals'

Chris