Defensive gun use or not?

[beevul]

This is a recent one.

"Tulsa homeowner shoots intruder"

"A homeowner defends his home with extreme force. It happened at a home located on East 7th Place around 1 AM Thursday."

"Tulsa Police were checking on a call of gunfire in the neighborhood when they were called to the home. It seems the homeowner took action when an unknown man under the influence of alcohol or drugs threatened his family."

"Tulsa Police Captain GB Poindexter: "He had a gun in his hand, pointed at the resident who opened the door. The resident's father came out and shot the bad guy one time in the right side.""

http://www.kotv.com/pages/viewpage.asp?id=58939


So, is it a defensive gun use or is it not?

[kalian]

1. Yes it is....

what? Are you suppossed to welcome an armed drunkard into your home?
Off him your wife? :eyes:

[slackmaster]

3. Wife, maybe

But if he gets anywhere near my dog...

[slackmaster]

2. IMO impossible to say based on scanty information

I can't tell how much of a threat the shootee actually posed.

Most state laws allow use of deadly force if you "reasonably" believe you are in danger of injury or death. Whether someone who used deadly force acted reasonably in any particular instance is a matter that only the criminal justice is competent to decide.

Based on the remarks of Captain Poindexter :D it sounds like HE believes the shooter acted reasonably, but it's ultimately not his job to make that decision.

[Wickerman]

4. Guess we'll leave that one to the courts

Doubtful he will be charged if there isn't much that would point to a conviction. I'm thinking that's why the courts were invented before message boards.

[Ready4Change]

5. To me, doesn't matter if it was defensive or not.

After the fact I'd rather be wondering if it was defensive, rather than wonder if shooting would have save my loved ones life.

[beevul]

6. How about this one?

"Domestic dispute turns violent"

"A 34-year-old man was shot in the leg Saturday morning after he broke into his ex-wife's house and hit her in the face, Henderson County Sheriff's Department officials said."

"The man, who has not been identified, broke into the house at 181 Willow Bend at about 11 a.m. after making harassing phone calls to the residence, said Lt. Tim Gordon. The man entered the two-story Beechwood Lakes home, uninvited, through an unlocked front door, he said."

"As the man's ex-wife was dialing 911, the man hit her in the face and knocked the phone from her hand, Gordon said. Another man living at the home shot the ex-husband in the left leg, above the knee, with a 30-30 rifle, he said."

"The shooting was "clear cut self-defense," Gordon said. The man and his ex-wife had a history of domestic problems, he said."

http://www.hendersonvillenews.com/apps/pbcs.dll/artikkel?SearchID=73163768942654&Avis=HT&Dato=20031228&Kategori=NEWS&Lopenr=312280352&Ref=AR


Defensive or not, and why?

[jhfenton]

7. Based on the news report...

it sounds like "clear cut self-defense."

But a 30-30 in the knee! Ouch!

[Name removed]

8. Deleted message

Message removed by moderator. Click here to review the message board rules.

[beevul]

9. Umm...Hi!

And Welcome to DU!!


LOVE THE NAME!!!

[DoNotRefill]

11. Yes, defensive...

what were they supposed to do, wait for him to stomp her to death?

[DoNotRefill]

10. Sounds like it was justified....

when there's a drunk guy waving a gun around, are you supposed to assume he's asking directions?

The cop recovered the gun the shot guy had. No charges should be filed.