COTEP.org  

Go Back   COTEP.org > Main Category > News and Politics

Reply
 
Thread Tools Display Modes
  #1  
Old 04-04-2017, 02:45 PM
FfNJGTFO's Avatar
FfNJGTFO FfNJGTFO is offline
COTEP Member
 
Join Date: May 2016
Location: Wesley Chapel, FL
Posts: 1,630
Thanks: 1,503
Thanked 206 Times in 71 Posts
Default HD shooting for "taking as shower?" Shooter Arested

Fox News: Washington St. Resident Arrested after shooting an intruder that was "taking a shower" in shooter's home...

It would seem that the crux will be surrounding the Washington state "Castle Doctrine" laws, assuming there are any. Some are arguing on other FL 2A forums that if this had happened in FL, the "presumption" of "fear of life/great bodily harm" exists, per FL's Castle doctrine statute, and would justify the use of deadly force in this case, even though the shooter left the house, came back with a gun and then shot the intruder without contacting the police. Others argue that the FL castle doctrine does not extend that far, and that the defendant would be very hard pressed to justify said actions to a FL jury, as it seems this gentleman will have with a Washington Jury.

<popcorn>
Reply With Quote
  #2  
Old 04-04-2017, 03:15 PM
sdmc530's Avatar
sdmc530 sdmc530 is offline
Founding Member
COTEP Member
 
Join Date: Nov 2011
Location: South Dakota
Posts: 14,983
Blog Entries: 3
Thanks: 4,502
Thanked 2,788 Times in 731 Posts
Default

Well I am all about protecting your home and family BUT as soon as he fled and returned without calling any LEO then shot and killed the guy, sorry that is no longer protection. I would say this guy is hosed I hope he enjoys jail, he certainly deserves it. What an idiot! Gives gun owners and proper gun users a black eye here.
__________________
Reply With Quote
  #3  
Old 04-04-2017, 03:22 PM
FfNJGTFO's Avatar
FfNJGTFO FfNJGTFO is offline
COTEP Member
 
Join Date: May 2016
Location: Wesley Chapel, FL
Posts: 1,630
Thanks: 1,503
Thanked 206 Times in 71 Posts
Default

Quote:
Originally Posted by sdmc530 View Post
Well I am all about protecting your home and family BUT as soon as he fled and returned without calling any LEO then shot and killed the guy, sorry that is no longer protection. I would say this guy is hosed I hope he enjoys jail, he certainly deserves it. What an idiot! Gives gun owners and proper gun users a black eye here.
Agreed. And I don't think even FL castle doctrine would protect him here, either, for the same reasons. Once he left and then returned armed, he became the aggressor.
Reply With Quote
  #4  
Old 04-04-2017, 03:31 PM
Riverpigusmc's Avatar
Riverpigusmc Riverpigusmc is offline
Founding Member
Super Moderator
 
Join Date: Aug 2011
Location: Archer, Florida CSA
Posts: 12,971
Blog Entries: 5
Thanks: 1,961
Thanked 3,478 Times in 715 Posts
Default

Dumbass shoulda used a grenade
__________________
NRA Life Member
Wilson Combat CQB
Kimber Tactical Pro II
S&W J-Frame .38
ect
" I don't own the clothes I'm wearin', and the road goes on forever "

There's a gator in the bushes, and it's calling my name...
COTEP #523
Reply With Quote
  #5  
Old 04-04-2017, 03:58 PM
Gatorade's Avatar
Gatorade Gatorade is offline
COTEP Member
 
Join Date: May 2014
Posts: 2,615
Thanks: 802
Thanked 643 Times in 156 Posts
Default

Well first I wouldn't have gone to check on the other house without my gun in the first place. If I had seen that someone was in one of my properties and I was going to confront them I would want to get my gun if I had left it at my home. On the way to getting it I would have called the cops, then, depending on how long I perceived the response time would be and if too long I may try to confront. I think that is justified up to that point. Now putting 4 shots through the shower curtain without verifying the person on the other side is a threat is where this guy went wrong. All that being said there is some definite spin going on in that article. Sounds like the "compassionate educator" employed by the local elementary school has some screws loose, possibly a perv who gets off breaking into people homes and using their showers and who knows what else. Maybe he didn't deserve to die but at least he isn't around kids anymore.
__________________
CBOB0746
NRA Life Member
Florida CWL Since 1992
Reply With Quote
  #6  
Old 04-04-2017, 04:08 PM
sdmc530's Avatar
sdmc530 sdmc530 is offline
Founding Member
COTEP Member
 
Join Date: Nov 2011
Location: South Dakota
Posts: 14,983
Blog Entries: 3
Thanks: 4,502
Thanked 2,788 Times in 731 Posts
Default

Quote:
Originally Posted by Gatorade View Post
On the way to getting it I would have called the cops, then, depending on how long I perceived the response time would be and if too long I may try to confront. I think that is justified up to that point.
Now don't take this as starting anything because I RESPECT everyone's opinion here but I think you are still in the wrong here. After you call the cops and there is no initial threat I don't think you have any basis to to go back and confront the guy. I think you stand back and watch. Now all this assuming no family is in the house and you have no current actual threat to your own life. I think going back to confront is a really bad idea that just opens yourself up to issues legally and to your health.

In this case he was in the shower and maybe drunk so unless he starts after you I am not sure how dangerous he is AND neither do you going back in. I would have called on duty LEO and watched and observed from a safe but reasonable distance to protect my home. Going back in is the issue here, you are out, your family is out and the guy is in your bathroom. Nothing good can come from re-entering the house without the police.

Lawyers will eat this up I am sure.

I am going to ask one of our prosecuting attorneys and see what he says. We have the same type law here to protect your "castle".
__________________
Reply With Quote
  #7  
Old 04-04-2017, 04:21 PM
DrHenley's Avatar
DrHenley DrHenley is offline
Founding Member
COTEP Member
 
Join Date: Jun 2011
Location: Columbus, GA
Posts: 3,606
Thanks: 68
Thanked 805 Times in 214 Posts
Default

Yeah, the "compassionate educator" baloney raised red flags for me too.

And you know that with self defense cases, the media never gets the story right initially.

We had one here in which the lawyer for the shooter worked in the same office building as I did. He told me that what happened wasn't at all what was being reported. The media had the guy painted as a heartless monster that chased down an unarmed boy and gunned him down in cold blood while the boy was begging for his life.

When the facts came out...CASE DISMISSED

__________________
Jim
CBOB0497

"That rifle hanging on the wall of the working class flat or laborer's cottage is the symbol of democracy. It is our job to see that it stays there."
- George Orwell

Last edited by DrHenley; 04-04-2017 at 04:23 PM.
Reply With Quote
  #8  
Old 04-04-2017, 05:18 PM
pony up's Avatar
pony up pony up is offline
COTEP Member
 
Join Date: Aug 2014
Location: tri coastal, ME, FL,WA
Posts: 1,386
Thanks: 773
Thanked 361 Times in 81 Posts
Default

Quote:
Originally Posted by sdmc530 View Post
Now don't take this as starting anything because I RESPECT everyone's opinion here but I think you are still in the wrong here. After you call the cops and there is no initial threat I don't think you have any basis to to go back and confront the guy. I think you stand back and watch. Now all this assuming no family is in the house and you have no current actual threat to your own life. I think going back to confront is a really bad idea that just opens yourself up to issues legally and to your health.

In this case he was in the shower and maybe drunk so unless he starts after you I am not sure how dangerous he is AND neither do you going back in. I would have called on duty LEO and watched and observed from a safe but reasonable distance to protect my home. Going back in is the issue here, you are out, your family is out and the guy is in your bathroom. Nothing good can come from re-entering the house without the police.

Lawyers will eat this up I am sure.

I am going to ask one of our prosecuting attorneys and see what he says. We have the same type law here to protect your "castle".
This dumb bastage has earned through stupidity a long unhappy time. He might have been better off if he had shot himself instead. The drunk a hole behind the shower curtain may have even thought he was in his own home? As I recall from my shower education featuring Janet Leigh in the movie Psycho, never take a shower. Perhaps this nit whit shooter might be related to Perkins? Oooppppsss Ton y Perkins. Sorry .
__________________
Dennis
COTEP CBOB0761
Semper Fi - Old Corp Rubber Boat Jockey
NRA Life Member


I stand for the flag, I kneel for the fallen!

The sooner you fall behind, the more time you'll have to catch up.
Reply With Quote
  #9  
Old 04-04-2017, 05:46 PM
sdmc530's Avatar
sdmc530 sdmc530 is offline
Founding Member
COTEP Member
 
Join Date: Nov 2011
Location: South Dakota
Posts: 14,983
Blog Entries: 3
Thanks: 4,502
Thanked 2,788 Times in 731 Posts
Default

Agree....media gets it all messed up, we don't even know all the details yet but here we are playing judge.
__________________
Reply With Quote
  #10  
Old 04-04-2017, 06:14 PM
Xbonz Xbonz is offline
COTEP Member
 
Join Date: Jul 2013
Location: COTEP
Posts: 3,674
Thanks: 876
Thanked 1,607 Times in 418 Posts
Default

Quote:
Originally Posted by sdmc530 View Post
Now don't take this as starting anything because I RESPECT everyone's opinion here but I think you are still in the wrong here. After you call the cops and there is no initial threat I don't think you have any basis to to go back and confront the guy. I think you stand back and watch. Now all this assuming no family is in the house and you have no current actual threat to your own life. I think going back to confront is a really bad idea that just opens yourself up to issues legally and to your health.

In this case he was in the shower and maybe drunk so unless he starts after you I am not sure how dangerous he is AND neither do you going back in. I would have called on duty LEO and watched and observed from a safe but reasonable distance to protect my home. Going back in is the issue here, you are out, your family is out and the guy is in your bathroom. Nothing good can come from re-entering the house without the police.

Lawyers will eat this up I am sure.

I am going to ask one of our prosecuting attorneys and see what he says. We have the same type law here to protect your "castle".
Based on details provided I am in agreement with you.. Left the house so no threat exists.. Call popo and wait..
Now we wait until further details emerge
__________________
CBOB0718
Reply With Quote
Reply




All times are GMT -4. The time now is 06:22 PM.


Powered by vBulletin® Version 3.8.6
Copyright ©2000 - 2024, Jelsoft Enterprises Ltd.