holy carp... KPIX (san fran bay area) just did a positive piece on castle doctrine...

[Rivers]

While the reporter did a balanced job on castle doctrine, he never touched on the CIVIL ramifications that CA has left undone. With the likelihood of being sued by the BG who sits in jail, or the BG's estate over the loss of their beloved innocent child (gangbanger, rapist, robber, overall thug...), CA's castle doctrine is far from complete. If you kill or wound someone who is committing a felonious violent act against yourself or another with the danger of serious bodily harm or death, your actions should be insulated from BOTH criminal and civil liabilities.

[AAShooter]

As police services continue to be cut back and folks start to realize they can't/won't provide everything they want, this trend should continue. I know many departments are no longer responding to home alarms. This got the attention a number of people's attention.

[Big Jake]

Good for him!

[Suvorov]

Attitudes are changing....

You know, this and all the traction the mother in OKC has gotten has made me wonder. Do you think all the civil/economic/Mayan/earthquake "doomsday" hype, manufactured or otherwise, has some of these ivory tower types just a little scared?

[TurboChrisB]

Hmmm, the elderly gentleman says the perp begged for his life and that he said F You and then shot him....multiple times? I'm thinking if it would have been me...charges WOULD have been filed. I'm thinking his age is the only reason charges weren't filed.

[BigDogatPlay]

While the reporter did a balanced job on castle doctrine, he never touched on the CIVIL ramifications that CA has left undone. With the likelihood of being sued by the BG who sits in jail, or the BG's estate over the loss of their beloved innocent child (gangbanger, rapist, robber, overall thug...), CA's castle doctrine is far from complete. If you kill or wound someone who is committing a felonious violent act against yourself or another with the danger of serious bodily harm or death, your actions should be insulated from BOTH criminal and civil liabilities.

While I don't disagree on point that there needs to be some measure of hold harmless in California's personal defense laws, this case from Marin has a pretty remote chance of seeing a civil damages award against the old guy.

Felon with at least one previous strike, armed, commits a daylight burglary of an occupied home, shoots the homeowner in the face and gets shot three times in self defense for his troubles.

Play that to a judge and see what happens.

Back on point.... a very well balanced piece of reporting. Could it be that some in the media are finally recognizing that the pendulum is swinging?

[microwaveguy]

I think that many people have noticed how long the young lady was on the phone with 911 before the guy broke into the trailer.

911 isn't a magic wand where the cops show up in 3 min.

[Rivers]

I agree that it would be a losing civil case but regardless, once sued, anyone would be foolish to not hire an attorney for defending against the lawsuit. If the BG is in prison, he most likely has someone doing time who is guiding him through his lawsuit, for free (or whatever...) Shutting down civil lawsuits like that SHOULD be part of CA's castle doctrine. If the shooting is ruled justified, no civil remedy.

While I don't disagree on point that there needs to be some measure of hold harmless in California's personal defense laws, this case from Marin has a pretty remote chance of seeing a civil damages award against the old guy.

Felon with at least one previous strike, armed, commits a daylight burglary of an occupied home, shoots the homeowner in the face and gets shot three times in self defense for his troubles.

Play that to a judge and see what happens.

Back on point.... a very well balanced piece of reporting. Could it be that some in the media are finally recognizing that the pendulum is swinging?

[berg]

On Friday morning KRON 4 news had their legal expert Ivan Golde weighing in on the subject of this shooting.

He said emphatically, not only CAN you shoot an intruder in your home, you SHOULD shoot an intruder. (his emphasis). He then stated that any civil law suit that might be brought up by the intruder would be thrown out by the judge.

[Darklyte27]

" F**K YOU POW POW POW POW !" Good for you sir!

[Stonewalker]

"I went POW POW POW in the shoulder and then in the leg POW"

oh man... talk about black humor.

[Stonewalker]

Hmmm, the elderly gentleman says the perp begged for his life and that he said F You and then shot him....multiple times? I'm thinking if it would have been me...charges WOULD have been filed. I'm thinking his age is the only reason charges weren't filed.

It is an interesting case. I gotta say - I'm surprised that this guy isn't being charged, being in SF and all. Big picture, think about what this means. An old man apparently had an (aggressive) intruder at gunpoint and chose to blow him away, and he's not being charged, IN SAN FRANSISCO. This is great news.

Personally, I don't know what I would have done. On principle I try to protect life, and I CERTAINLY wouldn't want to be forced to take one, but I know that I will do what i have to if the time ever comes. Regardless of how anybody feels, the law needs to protect people like Mr. 90-year-old-.357. Just because a person is begging for their life doesn't mean they aren't a threat.

Again, I'm amazed that charges haven't been filed.

[Lomic]

My only complaint is that the report says Castle Doctrine gives you the right to shoot someone who threatens your life. I wish they had said something more akin to "Natural law gives us all the inalienable right to protect our own lives, and Castle Doctrine provides further legal protections."

We need to get people into the mindset that the law doesn't give you the ability to protect yourself, but that it's something innate to everyone and cannot be given or taken by laws.

[Stonewalker]

Back east?!!

Hahah! I think TwoAsoapbox suffers from the same cultural delusions that many Californians do - any state between CA and the east coast is either "back east" or a fly-over state. I think it's a funny joke and a sad commentary on CA culture, but I'm pretty sure that most people who live in other states don't find it so funny lol.