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Thread: Homeowner in Renisha McBride's killing to face murder charges[W:287]

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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by joko104 View Post
    Most people will open their front door if someone is knocking. And some will answer the door while having a gun - though most don't openly display it initially. Rather, it is a reserve "just in case." Many people also will go outside their home to investigate if they hear noises.

    It is important to remember there would be essentially no reason to call the police given typical non-emergency response times. Just because police rushed to the scene on a call of someone shot does not mean they rush to the scene of "I heard suspicious noises" or "someone is knocking on my door."

    Have any of you - ever -called the police for someone knocking on your door?
    Yes, and they were there in short order. I was instructed to stay on the phone with 911 til they arrived. They let me know when they were there, where they were searching around the house, that they found nothing and did I need them to come check inside?
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    Re: Homeowner in Renisha McBride's killing to face murder charges

    If it goes to trial, this will be the Defense's case:

    He was in the deepest sleep at 3:40 AM when she knocked on the door. This awoke him, but he wasn't sure if he had heard a knock on the door? Or some other noise? Or even certain he had heard anything at all. But before going back to sleep he thought he would look outside. A high crime area, he grabs his shotgun - still not fully awake.
    He opens the front door and he sees someone covered in blood coming towards him and in the instant he flinches or even momentarily panics - firing one time. He would stress the time, that it was night, he half awake and the person coming at him all bloody.
    Then, maybe the Defense would point out he's never been in trouble with violence and law in his life, and nothing hints he had any desire to kill her or anyone else. Now is he a murderer for her irrational and illegal behavior maybe under the influence of something and on run from the police? That in that terrifying instant he was terrified?

    The crime of opening his door? What would you do if someone came right towards and only a few feet away covered in blood in the middle of the night when you opened your door? Figure a nylon screen protects you? Have time to figure anything? And present experts on how people can react beyond their control in sudden terrifying moments.

    That will be the defense if a likely plea deal isn't made quietly many months from now.

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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by joko104 View Post
    If it goes to trial, this will be the Defense's case:

    He was in the deepest sleep at 3:40 AM when she knocked on the door. This awoke him, but he wasn't sure if he had heard a knock on the door? Or some other noise? Or even certain he had heard anything at all. But before going back to sleep he thought he would look outside. A high crime area, he grabs his shotgun - still not fully awake.
    You are off on the first portion because he stated she had been banging on his door. Not knocking.
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    Re: Homeowner in Renisha McBride's killing to face murder charges

    If the man was rich, this would be an interesting study by the defense team. Then have experts study what happened to testify on it.

    Dress someone up in a wig, mask and as she was dressed, same size, and also pour fake blood on her face and clothing. Then have this person knock on doors about the same time of the night in that area - to see how many ultimately do come out to check their property. Of those who do open the door, have the actor then come at the person for a distance the shot was fired - video taping the person's reaction. It is not a crime to knock on people's doors, so the study would be legal.

    Since only "murderers" would react violently, this is an entirely safe study, right? I suspect the video would show 2 things consistently. Some people do open their door. Some people totally freak out momentarily and do not do what is the most rational thing to do - and that some flinch and lash out in one way or another momentarily.

    If that actor knocked on a police officers' houses doors, how to you think the officers would react in the same situation? It would interesting seeing such videos.

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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by Excon View Post
    You are off on the first portion because he stated she had been banging on his door. Not knocking.
    OK, I did not read that. Replace the word "knock" with "bang."

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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by DiAnna View Post
    I agree the guy should be criminally prosecuted, but I'm not getting why 2nd Degree Murder is such a stretch. The guy opened his front door, the girl was standing on the other side of a screen door, he pointed a shotgun at her face and pretty much blew her head off through the screen door.
    I guess you are not getting it because you have assumed facts not in evidence.
    You have no idea if he purposely pointed the gun at her face.
    And he claims accidental discharge, which under Michigan law would be a manslaughter charge because there was no intent to harm.

    Or the following, being pretty much the same if he had aimed.

    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931



    750.329 Discharging firearm pointed or aimed at another person resulting in death; manslaughter; exception; "peace officer" defined.

    Sec. 329.

    (1) A person who wounds, maims, or injures another person by discharging a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death.

    (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.


    History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.329 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005

    Michigan Legislature - Section 750.329
    Last edited by Excon; 11-17-13 at 10:36 PM.
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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by Excon View Post
    I guess you are not getting it because you have assumed facts not in evidence.
    You have no idea if he purposely pointed the gun at her face.
    And he claims accidental discharge, which under Michigan law would be a manslaughter charge because there was no intent to harm.


    THE MICHIGAN PENAL CODE (EXCERPT)
    Act 328 of 1931



    750.329 Discharging firearm pointed or aimed at another person resulting in death; manslaughter;
    exception; "peace officer" defined.


    Sec. 329.

    (1) A person who wounds, maims, or injures another person by discharging a firearm that is pointed or aimed intentionally but without malice at another person is guilty of manslaughter if the wounds, maiming, or injuries result in death.

    (2) This section does not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer. As used in this section, "peace officer" means that term as defined in section 215.


    History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- CL 1948, 750.329 ;-- Am. 2005, Act 303, Imd. Eff. Dec. 21, 2005



    Michigan Legislature - Section 750.329
    "Malice" would be rather hard to prove in this case I would think.

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    Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by sangha View Post
    It sounds sketchy to me too

    The guy hears someone at his front door - OK
    He feels like his life is threatened - OK
    So he gets his gun - OK
    and opens the front door --WTF???

    There could some sequence of events that make his actions make sense, but I'm not seeing it.

    But life is strange. We'll have to wait to hear the details.
    I have no problem with someone answering a door with a gun in hand if they feel it necessary - I have done it once or twice - but it has been carefully with a handgun, and I have not taken anyone out yet.

    One does not point any gun at anything or anyone unless one is prepared to destroy it.

    Intelligent gun handling is no different that intelligent driving or intelligent Sawzall handling - make a stupid mistake and someone gets hurt or killed.

    I hate to see something like this.

    /Speculation on:
    If the homeowner had been holding the shotgun against and across his chest, and not pointed at the girl's face, none of this would have happened.
    /Speculation off

    This is exactly why I do not use long guns for self defense.
    A handgun, for me, is less apparent, easier to control, and easier to slip in a holster to remove it from the situation when necessary.
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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by Summerwind View Post
    I've not read that there were folks at the scene at the time she left the scene. Regardless, leaving the scene of an accident due to drunkenness or other form of disorientation or just because she f'ing felt like is no reason to shoot someone through a locked door based on any information to date.
    I never said it did. You made that connection.

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    Re: Homeowner in Renisha McBride's killing to face murder charges

    Quote Originally Posted by joko104 View Post
    OK, I did not read that. Replace the word "knock" with "bang."
    Of course if he's going to make **** up, he might as well say she lunged at him with what he thought was a knife.

    It's amazing how many times I've knocked on a door to wake someone up and they claim I was "banging" on the door.
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