This, and a jury in rural Spotsylvania might well rule for the homeowner once the facts come out in court. |
+1 |
Give the stranger on your porch at 3 a.m. enough time to see what he is going to do, right? If he breaks in and is armed and shoots you or lets his buddies hiding behind bushes, then you can defend yourself. |
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Yeah I think it’s reasonable to interpret doorbell ringing at 3am as a lure to get you outside for bad reasons. The only other reason why someone would be knocking on your door at 3am is if your house is on fire.
People need to learn that when you play stupid games, you win stupid prizes. No way would I ever convict any homeowner of any crimes when they’re peaceful in their own home and then suddenly put in the middle of what could very well be a crime setup against them or their family. |
| Gotta side with the homeowner on this one, unfortunate that the outcome was tragic. |
Yes you can in many areas. Learn some more about the laws.
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Yeah this is the latest IG/Facebook/TikTok/social media challenge/dare/prank. To kick in someone's door while filming it, then run off. Quite a bit more risky than just ringing/knocking on a door and running off. Kids should also learn that the old lighting a bag of poo on fire on someone's doorstep is considered "arson" and homeowners would be justified in shooting them for attempting to set anything on fire on someone's property, especially at night. Legal to use lethal force in many states for doing that. |
+1 |
| When someone kicks your door in and then sticks around long enough to get shot, they aren't playing a "prank." |
Rural Spotsylvania? |
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Dumb kids and their prank was probably criminal in some way but nobody knows the facts around the shooting. You generally have to have reasonable fear of imminent death or serious injury to use deadly force. Someone outside your house isn’t a deadly threat unless they’re shooting into it, lighting it on fire, or actively breaking and entering. Trespassing outdoors and harassing you at 3am aren’t enough on their own to open fire.
My sympathies are with the homeowner but the burden is still on them to only employ a deadly weapon when appropriate. Maybe the facts will come out in their favor. |
Would you sic one of your many cats on an intruder? |
A reasonable person would conclude that someone kicking your door is trying to break in and if the homeowner felt that he was in fear for his life, in Virginia, that is a defense. You don’t need to shoot into the door, light the door on fire, or actively be actually breaking and entering. Standard is what a reasonable person would assume. So yes, the facts matter (as with every single other case). |
In I think it was Ohio a few years back it was a national story when a high schooler living in an apt in a ritzy town claimed to have gotten lost on his way to school and was trying to get into a home. The elderly homeowner shot in the air as the boy ran off (so-called warning shot), not even at the kid, and the court system still railroaded the man. 5 years in prison or something near that. I think it was later revealed the teen was in the alternative high school. I'm assuming the boy's family also sued the man. |
Oddly enough, legally speaking, if someone fires a "warning shot", they are more likely to become the victim of the law than the criminal. The legal reason being that if you didn't feel your life was threatened enough to shoot to kill/stop the perp, that you shouldn't have shot at all, and shooting, even into the ground or air, was illegal and often they will try to tack on assault charges on top of it. So the moral to the story is.....never bring out a gun until you are ready to use it and need it. |