Another Home Invasion Question

[fresnohunter]

If you think shooting someone inside your home, and in front of your children is a good thing, then you haven't done it yet.

Well Paladin if you READ her post again she stated she was worried if he might come back again. I would not have that worry.

She kept her family safe, she did a great job.

[deb7566]

What bothers me about this whole thing is that LAPD only charged him with a misdemeanor trespass then put him on a 72 hour hold. They said he had no intention to harm me. How do they know that? How would I be able to make that determination in a split second when I am scared? It seems to me that I would be in a whole lot of trouble if I shot him and LAPD only saw his actions as a misdemeanor.

[tyrist]

What bothers me about this whole thing is that LAPD only charged him with a misdemeanor trespass then put him on a 72 hour hold. They said he had no intention to harm me. How do they know that? How would I be able to make that determination in a split second when I am scared? It seems to me that I would be in a whole lot of trouble if I shot him and LAPD only saw his actions as a misdemeanor.

You are only judged by what you reasonably knew at the time of the shooting. The investigation conducted after the fact which revealed other circumstances wouldn't be an issue. The fact he was mentally ill would be completely unknown to you as would his true intentions.

[paladin4415]

Well Paladin if you READ her post again she stated she was worried if he might come back again. I would not have that worry.

She kept her family safe, she did a great job.

I did READ her post, and yes SHE did a great job.
Somehow, you have it in your head that shooting and killing someone in your own home, and in front of your own children, would be okay.
Shooting and killing someone when you have to, to protect yourself and your family, is just what it is, nesessary.
Hoping that the Police don't get there in time so you can shoot and kill someone because you can get away with it, I don't have words for that.
If you had ever been around children that have seen someone shot to death in front of them, you would feel different.

[fresnohunter]

Well Paladin we just have different views. Rather than TRY and make me out for being wrong for my views just leave it as it is. You do what YOU THINK is right with your family.

[retired]

Chill guys and just agree to disagree before this gets out of hand. No need for it to go further. Thanks.

[GhillieGuy]

you handled it well, and taking another life should always be the last on the list. iv'e been thinking about loading my shotty with bags, however, sadly enough they cannot always stop a threat as quick as bird shot or a slug. you just have to do what you think is right. whenever i think someone has tried to enter my home (happened a few times), i'm very aggressive in my actions as far as grabbing the gun and walking out my house and invetigating. just for peace of mind. would i have shot someone fleeing from my house? no. would i have shot a mentally ill person standing there like one of the fellas in one flew over the cucoos nest? no if he was in my house? probably not. being a fairly big guy and working srcurity at bars as my college job might possess me with question as to weather or not i was truley scared for my life when an unarmed, mentally ill person entered my home. use common sense. stay away from the gun unless you really have to use it. if he entered your room and your children were there you could have justifiably shot.

[rkt88edmo]

What bothers me about this whole thing is that LAPD only charged him with a misdemeanor trespass then put him on a 72 hour hold. They said he had no intention to harm me. How do they know that? How would I be able to make that determination in a split second when I am scared? It seems to me that I would be in a whole lot of trouble if I shot him and LAPD only saw his actions as a misdemeanor.

It is their professional opinion, which counts for exactly jack if he actually had managed to breach your door.

Don't doubt yourself, you did great.

[glockman19]

I am a single mom and I live in Los Angeles. I have 2 guns and I have trained extensively in how to use them. I had a situation where a guy was trying to break into my house in the middle of the night, even after I turned on the lights and told him to go away he continued trying to get in. I put my kids and myself in the bedroom and got my gun while calling the police. I was prepared to shoot him if he entered my bedroom. Fortunately, the police showed up before he got into my home and took him into custody. I found out later that he was only charged with tresspassing because it was determined that he had a mental illness. A few more minutes, he would have been in my home. What would have happened if I shot him? I am scared that he may come back and I am now not sure of my judgement.

You would be justified in defending your home, family and person as your life and the life of your family was/is in eminent danger.

[Fire in the Hole]

What bothers me about this whole thing is that LAPD only charged him with a misdemeanor trespass then put him on a 72 hour hold. They said he had no intention to harm me. How do they know that? How would I be able to make that determination in a split second when I am scared? It seems to me that I would be in a whole lot of trouble if I shot him and LAPD only saw his actions as a misdemeanor.

Bear in mind though after receiving and reviewing a case, the DA can always bump up or bump down any case from felony/misdemeanor. So the original case determination is not the final say on the matter.

[M47_Dragon]

Bear in mind though after receiving and reviewing a case, the DA can always bump up or bump down any case from felony/misdemeanor. So the original case determination is not the final say on the matter.

I don't think it's for any case, certain cases can be wobblers, though.


Unfortunately, since the guy did not make entry, it's not burglary. It is hard to prove intent, and they would need to be able to do that to charge with attempted burglary. If he was mentally unstable, perhaps he thought he was checking the oil on his alien spaceship. Doesn't make it right, but it certainly begs the question as to whether the guy needs to be charged as a felon or not.


Oh, as far as someone breaking in to my home, and just standing in my hallway and staring at me? That is more creepy than somebody showing bad intentions. I would consider this zombie-esque behavior and might feel the need to shoot.

[Fire in the Hole]

It's impossible to make absolute statements as to what you would do if....

You need to be able to articulate that the person who came into your home was in fact an uninvited intruder, intent on doing you harm in your mind's eye.

Gosh we have an elderly man 3 houses down to my east and an elderly woman 2 houses down from the west. Both have severe Altzheimers. Although their families do their best to keep a close eye on them, they do wonder off. About once a month I can count on one of them opening the back door of my house and walking inside. I just stop what I'm doing and walk them back home again. Each case must be individually and independantly evaluated on its on merits.

[Connor P Price]

Comment edited, thank you retired, you've captured my point in a much more sensible way of stating it.

[professorhard]

If you feel that your life is in danger. Shoot the intruder until the threat stops.

[retired]

Your welcome Connor. Just trying to help.