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Thread: Burglar's family awarded $300,000 in wrongful death suit

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT
    As would I. But if you run away, or run into a closet, I'm not going to hunt you down like a dog.
    Yes, because I know what you're doing in the closet. You're just standing there, scared. I obviously know if you're pulling out a pistol or planning some other violent act. I should just assume.

    That's the premise of your whole argument - assume. Assume he didn't want to use a weapon. Assume he was trying to get away peacefully. Assume this, assume that.

    Assumption is the mother of all fook-ups.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    Seriously, if I catch you in my home
    Wasn't home invasion. The laws in that state are more strict for the case you describe. I don't think most people would disagree with you on home invasion.

    Although if you saw it was a 12 year old neighbor kid, I would hope you'd be man enough not to kill them. Just saying.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    I believe that their goal was to go undetected. They didn't set out to attack anyone.
    3 knives is a helluva plan B wouldnt you say?

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    Yes, because I know what you're doing in the closet. You're just standing there, scared. I obviously know if you're pulling out a pistol or planning some other violent act. I should just assume.

    That's the premise of your whole argument - assume. Assume he didn't want to use a weapon. Assume he was trying to get away peacefully. Assume this, assume that.

    Assumption is the mother of all fook-ups.
    The premise for my argument, and the law, is reasonableness. If the guy runs into the closet I don't assume he's assembling a suitcase nuke. I don't assume he has a gun, but was keeping the bullets in his shoe. These would not be reasonable assumptions.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Mach
    Wasn't home invasion. The laws in that state are more strict for the case you describe. I don't think most people would disagree with you on home invasion.
    All that proves is that the state laws need to be changed. If you stumble upon a burglar - an armed burglar - in your home, you can no more easily predict or determine what will happen than in a car lot. Desperate thieves aren't exactly pinnacles of rational thought.

    Although if you saw it was a 12 year old neighbor kid, I would hope you'd be man enough not to kill them. Just saying.
    I don't care how old someone is - if you trespass on to my property, armed, with the intention of robbing me, you need to be prepared for consequences...whatever they may be. Just saying.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by AdamT View Post
    The assumption is that just because the guy had knives on him, he planned on using them.
    It's a reasonable assumption so long as the individual in question is not in the act of committing a crime. You typically bring weapons with you while committing crimes not for aesthetic purposes. Once the person is committing a crime and is armed, it's reasonable to assume that they will use that weapon in the commission of the crime.
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    Re: Burglar's family awarded $300,000 in wrongful death suit

    The premise for my argument, and the law, is reasonableness. If the guy runs into the closet I don't assume he's assembling a suitcase nuke. I don't assume he has a gun, but was keeping the bullets in his shoe. These would not be reasonable assumptions.
    You seem to be saying "reasonable" a whole lot for an instance of impromptu-discovered grand theft auto. I don't think reason plays any part.

    You go into "reasonable" mode. I'll go into survival mode. If the only way I can ensure my life is to take yours away from you, that's exactly what I'm going to do...and I won't feel an inch bad about it.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Ikari View Post
    It's a reasonable assumption so long as the individual in question is not in the act of committing a crime. You typically bring weapons with you while committing crimes not for aesthetic purposes. Once the person is committing a crime and is armed, it's reasonable to assume that they will use that weapon in the commission of the crime.
    I'll give you that, but it's beside the point. He didn't use them, or even threaten to use them.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    I don't care how old someone is - if you trespass on to my property, armed, with the intention of robbing me, you need to be prepared for consequences...whatever they may be. Just saying.
    Now you're saying armed.
    But then you claimed anyone could be armed.

    So why are you adding "armed" to your criteria? I think you're full of crap about requiring them to be armed.

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    Re: Burglar's family awarded $300,000 in wrongful death suit

    Quote Originally Posted by Gipper View Post
    You seem to be saying "reasonable" a whole lot for an instance of impromptu-discovered grand theft auto. I don't think reason plays any part.

    You go into "reasonable" mode. I'll go into survival mode. If the only way I can ensure my life is to take yours away from you, that's exactly what I'm going to do...and I won't feel an inch bad about it.
    Again, "reasonable" is part of the legal standard for self defense -- not my invention. If you choose not to follow the law that's your business. But don't whine if you kill someone and end up paying a price for it.

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