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Thread: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

  1. #201
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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by Buck Ewer View Post
    I don't care if you notched your gun belt or not ... or how much sleep you get ... how many did you have to kill?
    Surely with your level of expertise you must have had to defend your home against ruckus causers. That 12 gauge slug through the door or wall thing does work ...right?
    Don't try to tell us it's all talk and bluster ... come on, there had to be a few...
    Slugs can go through doors. Are you doubting this? Obvious it depends on the door, distance to door, distance from door to target...
    Climate, changes. It takes a particularly uneducated population to buy into the idea that it's their fault climate is changing and further political solutions can fix it.



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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by molten_dragon View Post
    I had forgotten that. If that turns out to be true then you're right, it's manslaughter and not murder.
    Highly unlikely. Mechanical faults with weapons are very rare. If that shotgun was from a "name brand" manufacturer and is un modified by an "arm chair gunsmith", I would say it is almost impossible that a mechanical fault caused the weapon to fire.

    Quote Originally Posted by rhinefire View Post
    He may do time but hopefully not much because if she had not been a loser he would not be in this predicament.
    The thought process of

    "He deserves less punishment because I deem the victim to be worthless"

    is a slippery slope. As a side note, this type of reasoning was applied to criminal cases by both the Nazis and the Communists.

    I am not saying that the concept is totally with out merit, but it must be used very sparingly. Perhaps if the victim was known to get drunk and harass people, and had been warned that this was risky and that she should stop.
    Last edited by Cryptic; 07-24-14 at 11:50 AM.

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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by X Factor View Post
    Actually this cannot both be an accident and self defense. Self defense is, "yes I did it intentionally but here's why it's justified". The defense trying to claim both makes me believe it was neither.
    He is already on the record saying it was an accidental discharge. Which is manslaughter.
    So it will depend on how things are argued in court.


    Most likely it will be argued that she startled him in some fashion causing him to reflexively pull the trigger. Which is an accidental discharge.
    I am thinking the argument will be something along the lines of this; If a reasonable person would have deliberately pulled the trigger under such circumstances, then an accidental pull should also be covered.
    “The law is reason, free from passion.”
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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by Cryptic View Post
    Highly unlikely. Mechanical faults with weapons are very rare. If that shotgun was from a "name brand" manufacturer and is un modified by an "arm chair gunsmith", I would say it is almost impossible that a mechanical fault caused the weapon to fire.
    Accidental discharge can happen absent mechanical failure.
    “The law is reason, free from passion.”
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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by MaggieD View Post
    People who think as you do shouldn't own guns. You're a menace.
    Lets address this typical nonsense from you to start.
    This always seems to happen when what you have said is shown to be wrong.
    And instead of realizing it isn't personal, and admitting what you said was wrong, you take it personal, and then in turn make it personal and try demeaning me by making some of the most profoundly absurd remarks.
    No MaggieD, I am not now, nor have I ever been, nor will I ever be, a menace with any of my firearms.


    Quote Originally Posted by MaggieD View Post
    I was staying in a drive-up motel with my 74-year-old mom (at the time). The manager didn't stay on property overnight. They didn't have phones in the rooms. My cell couldn't get a signal in the mountains. This was in a little coal town called Manchester, KY. Population? One McDonald's. I was awakened at 2 AM in the morning to some jamoke banging on the door yelling, "Open this ****ing door!!!" Bang-bang-bang-bang-bang!!!! "****ing hell. Open the God-damned door, bitch!!!!" More banging. I had a loaded .38 on the nightstand.

    So I opened the door and shot him in the head. I was scared.. Oh, wait, or was it I opened the door and damn! My gun accidentally shot her in the head. Yeah, that's it. My gun did it.

    Not.

    Hell, I could even imagine the conversation with the sheriff when he finally came: "Sheriff!! I was scared to death!!! So I threw open the door and shot him. Anybody would have done it. Are you nutz??

    What did I do? I shook off the cobwebs, figured he was drunk, turned on the light, picked UP my gun and yelled, "YOU'VE GOT THE WRONG ****IN' ROOM. GET THE **** OUT OF HERE."

    My reasoning? Even scared and half asleep? I've got all the power in my hand here. There's one of you, drunk. And one of me, armed. Come thru that door and you're dead. Open the door to him? Really???? Not on his life.
    And?
    Telling someone to open the door is not the same as trying to break in.


    Quote Originally Posted by MaggieD View Post
    Please to tell me how a gun accidentally discharges unless there's a struggle for it.
    Really MaggieD?
    You need it explained how a person can be startled, causing an involuntary pull of the trigger?
    Wow! Simply wow!


    Quote Originally Posted by MaggieD View Post
    I think that tactic is a mistake. He'll still go to jail. We don't get to kill someone and say "Oops." So, was he afraid and shot her in self-defense? Or did the gun go off by itself? Or is he throwing **** against the wall to see what sticks?
    Tactic?
    It is what he said from the beginning.
    It will get him found guilty of manslaughter.



    Quote Originally Posted by MaggieD View Post
    No, by the accounting we had thus far, this lady would want to find him guilty of something. He hadn't called the cops; he opened the door to what he perceived as a threat; he shot her in the head. He's going to jail. I hope.
    He isn't required to call the cops.
    And you can not hold a person responsible for that which they are not required to do. Which makes your position on such irrational.
    And there was no purposeful shooting of her in the head.


    Quote Originally Posted by MaggieD View Post
    How many people reading this have accidentally discharged their gun? And then add, "and killed someone in the process?" That'd be an interesting statistic.
    It happens.
    Or have you not heard about the accidental discharges, while cleaning, killing someone?
    “The law is reason, free from passion.”
    Aristotle
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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by Excon View Post
    Accidental discharge can happen absent mechanical failure.
    True, but I think: "I accidently pulled the trigger" type claims have historically not been given alot of weight by juries.

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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by Cryptic View Post
    True, but I think: "I accidently pulled the trigger" type claims have historically not been given alot of weight by juries.
    I do not know that to be true.
    And under the current situation, he very well may have been startled by a person who is already a known threat because she had been trying to break in.
    And yes, supposedly the defense has evidence to present besides his thinking she was trying to.
    So ...
    “The law is reason, free from passion.”
    Aristotle
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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by LowDown View Post
    Good luck convincing people that a person who is defending himself from a violent attack is acting irrationally.
    No one is saying any such thing.
    "Judge a man by his questions rather than his answers" - Voltaire
    "There is nothing noble in being superior to your fellow men. True nobility lies in being superior to your former self" -Hemingway

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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by nota bene View Post
    Now you just hold on there a minute. You have absolutely no idea what my view of SYG is because I've never posted about it. And I haven't posted about it on this thread either.

    You clearly haven't read what I sourced from the NY Time's article I linked. Eyewitnesses say that McBride was out of the car and that they asked if she needed help. To repeat[bolding mine]: "Neighbors along the street testified that they had offered assistance to the young woman, who appeared to be injured and seemed disoriented, but that Ms. McBride had refused help and wandered away. Several hours later, and six blocks from the crash site, Ms. McBride appeared on Mr. Wafer’s front porch."
    Where does it mention her drug dealers house?
    Or is that just you making **** up?

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    Re: Homeowner Who Shot Dead A Teen Girl On His Porch Faces Murder Charges This Week

    Quote Originally Posted by molten_dragon View Post
    I had forgotten that. If that turns out to be true then you're right, it's manslaughter and not murder.
    How could an accidental discharge possibly be proved?
    His defense is grasping at straws.

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