The question under the circumstances he found himself in is; Were his actions reasonable? Or if you will; Would a reasonable person act the same way under those circumstances?
Well sort of... and the OBVIOUS answer is no.
Really the question is did he have reasonable suspicion that a forcible felony was about to happen against someone on his property. The obvious answer, is again, no. He had absolutely no reason to think a forcible felony was about to happen. What he did have was very strong desire to shoot a kid in his garage, and he did just that...
Of course a reasonable person would act the same way.
A known criminal invader is in the garage. A metallic noise emanated from that known threat.
No person should have to wait to find out if that criminal was about to commit a forcible felony on them.
There is no requirement that he wait, and under the circumstances his actions were reasonable.
Well your not a very reasonable person if that's what you think. A reasonable person would confront the invader in a safe manor, protect themselves in the event they where armed. A insane person would do what you described.
Shooting firstand asking questions later is what a ***** would do. If he was so scared of the tiniest possibility of being shot he should have called the cops, and not confronted the man at all.
There is a legal requirement to know a forcible felony is about to happen. Again your just wrong...
You think wrong then. Of course he knew he was fireing at the person in his garage.
No he really didn't. How did he know the guy didn't move? He could have been shooting thin air...
Unfortunately after being shot the first time it is likely he shot again knowing full well he hit according to the evidence.
Wrong. The person is already a threat as they invaded the home.
What you don't do is assume a criminal is not armed.
No as I said before countless times they could just be confused.
Well if you are going to shoot people breaking into your home you better make sure they are armed and about to use it unless you want to be in his situation.
As already pointed out, you are wrong as you have not proven that he didn't hear any noise.
And yes, hearing that noise does make it reasonable to think the person was going to commit a forcible felony against him.
No they have not proved it. It is by far the most likely scenario. He lied.
No it does not. Hearing a noise is not proof that a forcible felony is about to happen.
:naughty
Stop being dishonest. I said no such thing.
His being found guilty is a travesty though.
Learn to read.
I said thats the one thing your right about HOWEVER...
Everything after however is something I am saying, which is obvious because of me saying however....
Wrong as usual and just continuing to show you do not know the evidence or how the law is applied.
The noise was known about from the get.
And yes it is enough to reasonable assume the criminal was about to commit forcible felony of which he needed to defend himself.
No it was not, he added it, it also does not fit with the rest of the scenario, and no one else heard it. Not to mention investigators couldn't figure out what it was.
No it certainly is not. Not in any court of law anyway...
Lastly I read two things today.
One they are going to go back to their old castle doctrine which is more restrictive (thank god) so that this sort of thing isn't even a question of guilt, and two That the coroner said he probably survived the first shot, which would mean kaarma basically executed him...