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Droc101
10-05-2013, 11:04 AM
http://www.guns.com/2013/06/25/ca-case-of-resident-shooting-intruder-being-investigated-as-a-homicide-video/?fb_comment_id=fbc_350460768416310_2052237_3948024 30648810#f360cafb58
Stuff like this makes me seriously consider moving out of state. When a man can not defend his own family inside his own house without fear of gubment interference, we have failed as a society.

Sunday
10-05-2013, 11:32 AM
Stupid drunk=stupid dead.

Ziggy23
10-05-2013, 11:46 AM
WTF?!!! From what the circumstances describe I can't believe this is being investigated as a homicide. Obviously, I don't know all of the details and am no where close to being considered legal counsel, but really? Even if the intruder isn't armed, he has invaded and trespassed into a home and assaulting a person of the dwelling. WTF?! Should he have been politely asked to leave? This is SAD!

USM0083
10-05-2013, 12:10 PM
This is normal procedure.

Homicide is the killing of a human by another.

Homicide, if justified, does not result in manslughter or murder.

RickD427
10-05-2013, 12:16 PM
WTF?!!! From what the circumstances describe I can't believe this is being investigated as a homicide. Obviously, I don't know all of the details and am no where close to being considered legal counsel, but really? Even if the intruder isn't armed, he has invaded and trespassed into a home and assaulting a person of the dwelling. WTF?! Should he have been politely asked to leave? This is SAD!

Ziggy,

This is being investigated as a homicide because someone died at the hands of another.

In California, as in every other jurisdiction that I know of, that's what a homicide is. There no inference that the homeowner did anything wrong by using the term "homicide" to describe the act. From the contents of the article this is very clearly a "homicide."

Homicides can be criminal (murder and manslaughter). They can be excusable (accidents and misfortunes). They can also be justifiable (cases of self defense). But all three are still treated as "homicides."

If the investigation shows that this event occurred as reported, then I would fully expect this homicide to be found as justified.

But before you fault the authorities for investigating the circumstances of this death, would you really be satisfied if they concluded that nothing was wrong based only on the say so of the first news reporter on the scene?

Personally, I'm comforted by the fact there is an investigation into the matter and I'm expectant that it will make an objective finding.

Please do not get all nutted up over the use of the word "homicide." From the context of your post, I think you may have a misunderstanding of what a "homicide" really is.

taperxz
10-05-2013, 12:25 PM
This is normal procedure.

Homicide is the killing of a human by another.

Homicide, if justified, does not result in manslughter or murder.

Yep!

No way in hell this guy gets arrested in this case. All homicides are investigated to rule out any wrong doing. It has to be investigated!

Oh and if you are going to drink, don't demand entry into someone elses place and then pick a window to enter from:facepalm:

jdben92883
10-05-2013, 1:03 PM
I hope this is just an editorial comment by the article's author because it would be chilling if true.

"Apparently in the state of California, it’s not enough to just be merely threatened and attacked."

Ziggy23
10-05-2013, 2:49 PM
Yes. Sorry, jumped the gun on that. In this current anti-gun climate I have become hypersensitive to words and phrases. Hoping for a just investigation for the family involved.

a1c
10-05-2013, 3:45 PM
I hope this is just an editorial comment by the article's author because it would be chilling if true.

"Apparently in the state of California, itís not enough to just be merely threatened and attacked."

Pure spin on the part of the columnist.

violentmouse
10-05-2013, 11:31 PM
of course it's pure spin. it's NBC. (Nothing But Crap) the Kommiefornia castle doctrine does include the "in the commission of a felony" text and as far as I can tell without knowing more details on the case, the breaking and entering followed by an assault is 100% felony material which makes this a clean shoot.

PENAL CODE
SECTION 187-199
**************
197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a
felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person,
against one who manifestly intends or endeavors, by violence or
surprise, to commit a felony, or against one who manifestly intends
and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any
person therein; or,
3. When committed in the lawful defense of such person, or of a
wife or husband, parent, child, master, mistress, or servant of such
person, when there is reasonable ground to apprehend a design to
commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the
person in whose behalf the defense was made, if he was the assailant
or engaged in mutual combat, must really and in good faith have
endeavored to decline any further struggle before the homicide was
committed; or,
***********

Looks clean to me.