New Orleans teen shot in the head by man who thought he was a burglar

[windowdressing]

Did I say that I have the right to shoot anyone in my fenced yard at 2am in the morning?

No.

If you re-read... I said Nobody has ANY business in my fenced in yard at 2am uninvited.

Why do you always jump to conclusions?

given the context and your other posts, it wasn't that hard ... but I will definitely not jump your fence ...

 

[CRUE CAB]

If you read the article, you'll see that the teen was shot in the driveway. He should have drug him into the house. I'm joking, of course. But Castle Laws should not be used as a license to kill all comers. I don't know what "the whole story" is, but if they charged him, apparently his story didn't convince them that shooting this person was necessary. The article also mentions that an unidentified witness's story differs from the shooter's account. Hard to believe there'd be a witness at 2 AM in the morning....

If you are coming to do harm, thieve, loot, sack, pillage, rape, or just make yourself a sandwich out of someone elses fridge and you get shot?
To bad for you.

 

[justabubba]

If you are coming to do harm, thieve, loot, sack, pillage, rape, or just make yourself a sandwich out of someone elses fridge and you get shot?
To bad for you.

which prevalent opinion is why he will want a trial by jury of his peers

 

[MaggieD]

If you are coming to do harm, thieve, loot, sack, pillage, rape, or just make yourself a sandwich out of someone elses fridge and you get shot?
To bad for you.

That, of course, is not what this thread is about, is it??

 

[justabubba]

That, of course, is not what this thread is about, is it??

if it is not, then tell us what the kid was instead doing inside the shooter's gated residence

 

[CRUE CAB]

That, of course, is not what this thread is about, is it??

Sounds like it to me. Junior crimnal was walking up the drive to break into another home in the middle of the night.
Home owner should have waited till he was actually trying to get in, before shooting. But I really dont have any sympathy for the criminal.

 

[MaggieD]

if it is not, then tell us what the kid was instead doing inside the shooter's gated residence

Gated residence. He was in his yard. Jesus. You don't have the right to kill someone because they're letting the air of out of your tires. You don't go outside. You call 911. You announce yourself. You yell, "If you don't get the hell out of here, I'll blow your ****in' head off!"

I'm one of those strange people who doesn't think that personal property is worth killing for. You may think differently. Save your money for your defense fund.

 

[justabubba]

Gated residence. He was in his yard. Jesus. You don't have the right to kill someone because they're letting the air of out of your tires. You don't go outside. You call 911. You announce yourself. You yell, "If you don't get the hell out of here, I'll blow your ****in' head off!"

I'm one of those strange people who doesn't think that personal property is worth killing for. You may think differently. Save your money for your defense fund.

gated residence
the kid had to scale the fence to gain entry
now tell us what good deed the kid was doing by that act

 

[CRUE CAB]

I pretty much agree with this. When I took lessons at the shooting range just after I bought my gun, the instructor told us that, if we ever shot someone in self-defense, to play on it costing about $25,000 here as, in all likelihood, one would be charged with a crime. *shrug*

The old "judged by 12 than carried by 6" thingie comes with a definite price tag.

Reading stuff like that just makes me love living in Florida even more.

 

[CRUE CAB]

Gated residence. He was in his yard. Jesus. You don't have the right to kill someone because they're letting the air of out of your tires. You don't go outside. You call 911. You announce yourself. You yell, "If you don't get the hell out of here, I'll blow your ****in' head off!"

I'm one of those strange people who doesn't think that personal property is worth killing for. You may think differently. Save your money for your defense fund.

Sounds like Shotgun Joes advice.

 

[MaggieD]

gated residence
the kid had to scale the fence to gain entry
now tell us what good deed the kid was doing by that act

What makes you think he had to scale the fence??? Citation.

They guy belongs in jail. He'll get there eventually. The difference between internet muscles and gun muscles are that gun muscles will ruin your life.

 

[MaggieD]

Sounds like Shotgun Joes advice.

Why? And who's Shotgun Joe?

You think coppers don't announce, "Drop that gun NOW or I'll blow your ****in' head off!" at the top of their lungs? You ever watch a live video of cops apprehending armed suspects?

 

[CRUE CAB]

Why? And who's Shotgun Joe?

You think coppers don't announce, "Drop that gun NOW or I'll blow your ****in' head off!" at the top of their lungs? You ever watch a live video of cops apprehending armed suspects?

Joe Biden. His advice is to fire off warning shots and yell at suspected robbers.
And me not being a cop, I dont have to give warning one. You are on my property, you are mine.

 

[MaggieD]

Joe Biden. His advice is to fire off warning shots and yell at suspected robbers.
And me not being a cop, I dont have to give warning one. You are on my property, you are mine.

Good luck with that. You're wrong.

 

[CRUE CAB]

Good luck with that. You're wrong.

What warning did George Zimmerman give Trayvon Martin?
I live in Florida, you dont. Dont try telling me what I have to do and dont have to do.

 

[MaggieD]

What warning did George Zimmerman give Trayvon Martin?
I live in Florida, you dont. Dont try telling me what I have to do and dont have to do.

George Zimmerman was getting the **** beat out of him. That is completely different from someone letting the air out of your tires; keying your car; walking in your fenced yard. You don't live in the Wild West. Don't think for one moment that you do. You will be arrested. You will go to jail.

That you live in Florida means nothing. You obviously don't understand the law.

Edit: Further, if you were any KIND of responsible gun owner, you wouldn't take that position.

 

[CRUE CAB]

George Zimmerman was getting the **** beat out of him. That is completely different from someone letting the air out of your tires; keying your car; walking in your fenced yard. You don't live in the Wild West. Don't think for one moment that you do. You will be arrested. You will go to jail.

That you live in Florida means nothing. You obviously don't understand the law.

Edit: Further, if you were any KIND of responsible gun owner, you wouldn't take that position.

OK, you know more about it then me. What part of Florida do you live in? I am in Melbourne. YOU?
If you are in my yard, on my property and acting in any threatening manner. I can by law end you where you stand. All I have to do is feel threatened.
I come out and find you messing with my car? You see me, you do anything but run, I can do whatever I feel needed for my security and the security of my family.
Dont believe me, call the Melbourne Police Dept.

 

[MaggieD]

OK, you know more about it then me. What part of Florida do you live in? I am in Melbourne. YOU?
If you are in my yard, on my property and acting in any threatening manner. I can by law end you where you stand. All I have to do is feel threatened.
I come out and find you messing with my car? You see me, you do anything but run, I can do whatever I feel needed for my security and the security of my family.
Dont believe me, call the Melbourne Police Dept.

You do not have the right to kill someone just because they are in your yard. If you're saying you can easily make up a story the coppers will buy? That I can't argue with. But you cannot shoot someone unless you are in fear of your life.

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

 

[CRUE CAB]

You do not have the right to kill someone just because they are in your yard. If you're saying you can easily make up a story the coppers will buy? That I can't argue with. But you cannot shoot someone unless you are in fear of your life.

I will be in fear of my life and the life of my family from someone that is there and is not supposed to be there. That is all the fear I need.
That said, I have caught kids messing with the car before and just shoved him to the ground and off the property and into the street when he decided to bow up.
And when the cops showed up, the first thing out of the officers mouth to junior dumbass was "you know he would be in the right to shoot you".
That was also explained to his parents if he was going to continue that behavior, there was a good chance of that happening.

 

[CycloneWanderer]

You do not have the right to kill someone just because they are in your yard. If you're saying you can easily make up a story the coppers will buy? That I can't argue with. But you cannot shoot someone unless you are in fear of your life.

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.—
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and

(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

I can't seem to find a Louisiana definition of unlawful and forcible entry (their law is a strange French thing). I know at least in Washington that forcible entry includes using stealth to get onto someone's property. Climbing a high fence at nearly 2AM to get on someone's property would seem to, under Washington law, fit the description of unlawful and forcible entry. If Louisiana follows a similar code, the shooter in this case is automatically presumed to be in fear and justified in the use of force. In summary, you can't shoot someone just for being in your yard. However, if they must have climbed a large fence in the middle of the night to gain access to your property, that could be classified as unlawful and forcible entry and then the law presumes the resident was in reasonable fear.

The outcome of this case depends on Louisiana's definition of unlawful and forcible entry, IMO.

 

[justabubba]

What makes you think he had to scale the fence??? Citation.

... Hazouri said his video, which he gave to NOPD detectives, shows the two teens talking in the middle of Mandeville Street outside of Landry's house. The video then shows the teen in the light-colored T-shirt walk his bike across Mandeville toward Landry's house. Then, the teen walks back out to the middle of the road before climbing over Landry's fence, Hazouri said. The other teen in the tank top stayed on the other side of Mandeville Street, Hazouri said. ...

Unarmed teen shot inside homeowner's fenced yard, but not breaking into home, NOPD warrant says | NOLA.com

They guy belongs in jail. He'll get there eventually. The difference between internet muscles and gun muscles are that gun muscles will ruin your life.

this kid will never see prison. he will either die or be a turnip. he played with the bull and got the horn. 14 year old "professional thief" to use his older brother's expression
14 year old thief with a history of burglaries, out at 2am in the morning
i feel sorry for the kid
they should prosecute his remaining parent, because that is where the responsibility for this incident truly resides

i also feel sorry for the shooter, who was defending his pregnant wife and infant child and is now without employment or a paycheck, while facing the coming legal battle

 

[Caine]

given the context and your other posts, it wasn't that hard ... but I will definitely not jump your fence ...

Thank you, I would appreciate that.

 

[windowdressing]

Thank you, I would appreciate that.

but if I do, I'll make sure not to be wearing a hoodie ... have a good one ..

 

[Caine]

but if I do, I'll make sure not to be wearing a hoodie ... have a good one ..

Just don't go walking into my fenced in yard at 2am and you'll be fine.

 

[windowdressing]

Just don't go walking into my fenced in yard at 2am and you'll be fine.

my guess is that if it was Salma Hayak walking into your yard at 2 AM, you'd be O.K. with that ... but then again, your wife would probably shoot her (and maybe you too) ... too many guns, too many scenarios, too many misunderstandings, too many fears, too much bigotry, too much testosterone, too many criminals ...