Neighbor shoots man in violent attack

[devildog999]

I think the DA will side with the 2 vics on this one. Don't see how they could go for the neighbor. He was only doing his moral obligation to the community.

[M. Sage]

The problem here is that he can only sue the dead guy, who probably had no assets. The family has no liability, but is free to sue him for the loss of their family member.

He's not dead yet, and if he does die, you can always sue next of kin, who would probably be the person suing you anyway.

[GammaRei]

So, why is this loser on life support? That doesn't make sense to me...

Mostly because every hospital has to provide the same care to every patient.

- G

[battleship]

What a position to put yourself in, i wonder if he had called the police the minute he heard them arguing. I think its great that he did intervene, he most definitely saved her life. But at what cost is it going to be to him for doing so. Or to any one of us put in that position. Morally i think your obligated to try and do something to protect someone from becoming a victim, but i would want to know that myself and my family would not feel any repercussions from the state. It could turn into a life changing event if your not careful, and im not talking about taking a bullet but being prosecuted for doing so. That would ruin your life and your families. That said the risk of being prosecuted is greatly out weighted by the fact that you saved some ones life that i could live with, even from behind bars.

[Wildhawk66]

I don't feel like looking it up at the moment, but there is a CA penal code that states everyone has the right to protect themselves or others from deadly threat. I'm not saying every DA see's it that way (like they should have a chice!?), only that that is what the law says...

[Capt. Speirs]

First mistake the neighbor made was; he waited till he was shot. As soon as he identified the assailant had a weapon, he should have called out "drop it" ( to make him turn towards him) and as soon as he moved towards him, he should have fired, if the woman was not in the line of fire.

Second mistake he made was; he did not kill the SOB, empty your gun in him. It looks better in court (shows fear for your life) and there is only one story, his.

[ArmedWolf]

No one ever prices in cleanup, they do not just clean up those blood pools and misted walls for you free.

Any word on the caliber yet though? several body hits and not dead?

[Fantasma]

I have a question, this neighbor heard screams and saw a man kick open a door.

He leaves his house and grabs his gun, isn't that illegal to walk out of your house with the gun (Did he have it concealed, did he have it loaded, open carry?) or this does not matter when saving a life? i can conceal it to go help a neighbor or walk out with it in plain sight?

[N6ATF]

... this has been covered over and over and over again on this forum. NO, it is not illegal. NO, the means of carry does not matter.

[m98]

He's not dead yet, and if he does die, you can always sue next of kin, who would probably be the person suing you anyway.

makes one wonder if it's worth it to save a strangers life-then get prosecuted and sent to do time. Then get wounded up in the courts for a lawsuit for everything valuable that you own. ONLY in Wonderful sunny Kommifornia where criminals can thrive!

[Suvorov]

I don't see how they could avoid it, the neighbor actually waited until he was already shot before retuning fire.

Yes, but the neighbor went from his house to that of his neighbor "looking for trouble." He could have stayed home, or even retreated further away so as not to put the attacker at risk, instead, he took the law into his own hands and exacted vigilante justice. Who is he to take the law into his own hands? He should have just called the police and got back to watching his reality TV shows and everything would have been OK. Remember, only the Government and its appointed officials have the right to use force.

[Matt C]

Yes, but the neighbor went from his house to that of his neighbor "looking for trouble." He could have stayed home, or even retreated further away so as not to put the attacker at risk, instead, he took the law into his own hands and exacted vigilante justice. Who is he to take the law into his own hands? He should have just called the police and got back to watching his reality TV shows and everything would have been OK. Remember, only the Government and its appointed officials have the right to use force.

Reminds me of dirty harry-

Harry Callahan: Well, when an adult male is chasing a female with intent to commit rape, I shoot the bastard. That's my policy.
The Mayor: Intent? How did you establish that?
Harry Callahan: When a naked man is chasing a woman through an alley with a butcher's knife and a hard-on, I figure he isn't out collecting for the Red Cross!
[walks out of the room]
The Mayor: He's got a point.

[dadoody]

From the Stockton Record:

http://www.recordnet.com/apps/pbcs.dll/article?AID=/20081111/A_NEWS02/811110324

Neighbor shoots man in violent attack

By The Record
November 11, 2008 6:00 AM

STOCKTON - A 60-year-old Stockton man remains in critical condition in an area hospital after he was shot several times early Sunday in his ex-girlfriend's home by a neighbor trying to intervene in a domestic violence attack.

Shortly after 1:50 a.m. Sunday, Alcide Doucet allegedly went to the Kelley Drive home of the 43-year-old woman and kicked in the door, according to a police report. Doucet allegedly hit the woman in the head with his fists and a handgun.

A 42-year-old neighbor heard screaming and other noise coming from the woman's house and went to help, according to the report. The neighbor, whom police did not identify, apparently knew of problems between the woman and Doucet, according to the report.

Once inside the woman's home, the neighbor saw Doucet holding the woman by her hair and raising his hand with the gun in it, according to the report. The neighbor told Doucet several times to stop. Doucet allegedly turned the gun on the neighbor and fired once, hitting the man in the foot.

The neighbor returned fire with his own gun, hitting Doucet several times in the upper body.

The woman and neighbor were treated for non-life-threatening wounds. Doucet was taken to an area hospital, where he underwent surgery for his wounds.

Doucet could face felony domestic violence and other charges once he is released from the hospital, officials said. The neighbor will not face charges since he was defending the woman, according to police.

Score one for the good guys!

I'm so relieved to read this.

California has a bad habit of prosecuting non-LEOs who use a handgun in self-defense.

[Mark in Eureka]

A few points.

Do not believe that deadly force is justifiable for any felony. It may still be on the books, but the courts changed that in the 60's. You or somebody else must be under danger of death or bodily harm.

About carrying a loaded weapon from your apartment to that of your neighbor: if it is what a prudent man would do, when rendering aid, then it is legal. If you hear a door being broken in, and screams for help, it sounds prudent to me.

[shoupdawg]

Based on the information, I don't think he'll have any criminal prosecution issues. It's civil (the bg's family) who will undoubtedly sue.