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View Diary: Drunk Teen Fatally Shot For Entering His Neighbor's Home Thinking It Was His Home (141 comments)

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  •  So.....he has just bidded his time until (3+ / 0-)
    Recommended by:
    Neo Control, gerrilea, noway2

    someone broke into his home in the middle of the night, so that he could continue with his nefarious plan?

    Those who would sacrifice liberty for security deserve neither.

    by FrankRose on Mon Mar 18, 2013 at 10:17:45 PM PDT

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    •  I never said he had a nefarious plan. (2+ / 0-)
      Recommended by:
      gerrilea, Paul1a

      All I said was that we don't know which shot he fired first. For all I know, he was terrified at the time he shot the boy. That doesn't mean that he wouldn't have the presence of mind to put one in the ceiling before he called the cops.

      Moreover, I'm NOT saying that he is lying.

      But I am saying that is that I think he hasn't met the burden of proof, and that his story is of such a nature that that burden does and should lie on him.

      Ceterum censeo Factionem Republicanam esse delendam.

      by journeyman on Mon Mar 18, 2013 at 11:11:57 PM PDT

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      •  What benefit would there be from shooting a (2+ / 0-)
        Recommended by:
        gerrilea, noway2

        hole in the ceiling afterwards?

        An unknown person broke into his house in the middle of the night. That is a reasonable reason to fear for one's life. He has no responsibility to shoot his ceiling.

        "burden of [proof] lies on him"
        Nevermind that there isn't a Judge, Jury or Cop that wouldn't consider this a case of self-defense.....you are actually demanding that one is guilty until proven innocent.

        Those who would sacrifice liberty for security deserve neither.

        by FrankRose on Mon Mar 18, 2013 at 11:20:42 PM PDT

        [ Parent ]

        •  I understand both perspectives here, really. (1+ / 0-)
          Recommended by:
          FrankRose

          You enter my home in the middle of the night and I shoot you.  There is no warning shot needed, you shouldn't be in my home.  

          On the other hand, as the shooter, living in NYS, I may get arrested for discharging a firearm in a city.  So, to protect against these false charges, I then shoot the ceiling and say I warned the intruder first.  A "cover your ass" move.

          But your point that there is an assumption of guilt is soo absolutely true these days.  It's the frightening results of our police state, we're all guilty of something. We must be because bad things just don't happen to good people!


          "Had I not got pregnant, got married and needed that house with the 2 bedrooms, then that kid wouldn't have been breaking into my home that night."

          -7.62; -5.95 The scientists of today think deeply instead of clearly. One must be sane to think clearly, but one can think deeply and be quite insane.~Tesla

          by gerrilea on Tue Mar 19, 2013 at 01:23:30 AM PDT

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        •  Fair points all. (2+ / 0-)
          Recommended by:
          LilithGardener, Paul1a

          But, when I say the burden of proof lies on him, I am obviously not speaking legally, but simply of logic. Were I in the jury I would probably vote to acquit. I don't know, I'd have to hear more, but I don't think this was premeditated and I don't think the man was not scared. It's just that I think he's full of shit. His story doesn't pass the smell test.

          What advantage would there be to shooting a hole in the ceiling?

          Well, it makes your story better, doesn't it? That's an advantage.

          Once again, I do not deny that he legitimately thought himself in danger when he shot the boy. I highly doubt that he thought "oh here's that little prick from two doors down, I never liked that kid and now's my chance to kill him." I am reasonably sure that he's miserable and that he would do just about anything to have that shot back. I'm just saying that firing a warning shot would pretty much discourage even the drunkest of drunks. Even if he still thought it was his own house, at the very least I would expect him to hit the dirt (or at least fall on his ass) and say "what the fuck, Dad?"

          Ceterum censeo Factionem Republicanam esse delendam.

          by journeyman on Tue Mar 19, 2013 at 05:31:00 AM PDT

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          •  You would never have to be on a jury (1+ / 0-)
            Recommended by:
            noway2

            because this would never go to trial.
            If one cannot act in self defense when someone breaks into someone's home in the middle of the night, then there would be no criteria for self defense.
            Your theory makes no sense.

            Those who would sacrifice liberty for security deserve neither.

            by FrankRose on Tue Mar 19, 2013 at 07:32:43 AM PDT

            [ Parent ]

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