Nixa man charged with second-degree murder (Castle Law Fail)

[jpak]

http://www.news-leader.com/article/20110710/NEWS01/107100352/Nixa-man-charged-second-degree-murder?odyssey=mod%7Cnewswell%7Ctext%7CSpecial%20Reports%7Cs

A Nixa man has been charged with second-degree murder in Christian County for allegedly shooting and killing his neighbor in January in a dispute over a $180 debt.

Robert Bair Jr., 27, also faces felony charges of assault and armed criminal action. He is being prosecuted in connection with the death of Rex Hicks, 51, who was shot in the upper chest near Bair's home. The charges were filed Friday.

His death brought attention to the Castle Doctrine, a Missouri law that allows people to use force to protect themselves in their home, vehicle and on their property. Bair told investigators that he felt threatened by Hicks when he shot him on Jan. 17 with a .243-caliber hunting rifle. Hicks was shot as he approached the front steps of Bair's home.

<snip>

Critics of the Castle Doctrine say it gives people the right to use deadly force when there's no reason to believe the other person is going to harm them. The law was amended last year to allow people to use force to protect themselves on their property.

<more>

Castle Law Suckage = Death

yup

[Taitertots]

1. You just proved that castle doctrine doesn't protect murderers

This case proves the critics wrong. Reasonable people can tell the difference between murder and self-defense.

[jpak]

4. You just proved that murderers hide behind the the Castle Doctrine to kill

yup

[ileus]

7. You of course meant to say murderers try and hide behind the Castle Doctrine.

[Taitertots]

9. Who cares if they TRY, the law will never protect them n/t

[geckosfeet]

2. Not so much the law as a$$zeros like this who shoot folks cause they don't like them

[Kaleva]

3. Hope the guy goes to prison for a long time. He has no defense.

[petronius]

5. Sounds more like a 'castle law' win - an invalid legal defense was rejected

The crux of any self-defense shooting is whether the shooter had a reasonable fear; castle laws don't change that. In this case, it appears that prosecutors believe the claim of 'feeling threatened' may not pass reasonable scrutiny, and they brought charges. Isn't that exactly how the legal system is supposed to work?

[benEzra]

6. Which demonstrates, again, that the "you can shoot anybody you feel threatened by" crapola

is BS. You can't.

[ileus]

8. ...people like give good laws a bad name...

[Hangingon]

10. +1

Great line.

[eqfan592]

11. What in the hell are you talking about?

First you condemn Castle Doctrine type laws because you think they will legalize murder, then when you find a story that proves that to be FALSE you again somehow use it to attack the law? HOW DOES THAT MAKE ANY SENSE!?!?! Seriously, it's this sort of insanity that gives people aneurisms I think....

[aikoaiko]

12. Oh no you don't. The Castle Law didn't protect the criminal just as pro-Castle Law folks predicted.

Yes, criminals will use any defense to ATTEMPT to hide their behavior but as long as the law doesn't protect criminals from the natural consequences of their behavior, then its a good law.

[S_B_Jackson]

13. Yet another jpak EPIC LOGIC FAIL.

Castle Doctrine statutes did NOT cover an illegal homocide, despite the murderer's attempts to hide behind it's skirts. In other words, it worked the exact opposite of your predictions, and just as gun rights advocates said the law should and would work.

[TPaine7]

14. Is illogic a core anti value?

"yup"

[DWC]

15. Is that a question or an accurate statement? n/t

[OneTenthofOnePercent]

16. As evidenced by this case... Castle Law does NOT protect murder.

If there is sufficient evidence to convict, castle law will not apply.
Thanks for helping illustrate this point, jpak.

[jeepnstein]

17. No, no it doesn't.

Of course we have a few people who make all sorts of hysterical claims to the contrary. I think they don't get out too often.

[burrfoot]

18. This could be re-titled:

"Law works exactly as it is supposed to."

[SteveM]

19. "Castle law fail?" Hardly. Read your own post. nt