By Dean Weingarten
Arizona – -(Ammoland.com)- A homeowner shot an intruder in North Carolina on Monday, February 23, 2015. An accomplice escaped.
The pair broke in through a basement window, then broke down a door to gain access to the house. The homeowner called 911. He armed himself with a 12 gauge shotgun. When the intruders kicked open the basement door and approached him in a hallway, the homeowner shot one once in the chest. The intruder died at the scene.
The Sheriff, Coy Reid, had some advice for people who would consider breaking into homes.
“The only thing I could advise these people out here breaking into peoples’ homes,” Reid said, “(is) if they’re doing it for drug habit, they need to break in on a drug dealer.
“It’s a whole lot safer.”
Another statement from Sheriff Reid did not make the print article.
“You have a right to defend your property when someone breaks in the home on you. You do not know if these people are coming in to steal property or are coming in to cause harm to you or your family.”
Sheriff Reid also said that when they catch the accomplice, the accomplice will be charged with murder under North Carolina’s felony murder rule. Most states have some variation of this rule. In essence, it says that if you are knowingly involved in a felony, in which someone dies as a result of the commission of the felony, you can be charged with homicide for that death.
A Rule of Law that holds that if a killing occurs during the commission or attempted commission of a felony (a major crime), the person or persons responsible for the felony can be charged with murder.
Generally an intent to kill is not necessary for felony-murder. The rule becomes operative when there is a killing during or a death soon after the felony, and there is some causal connection between the felony and the killing.
The felony-murder rule originated in England under the Common Law. Initially it was strictly applied, encompassing any death that occurred during the course of a felony, regardless of who caused it. Therefore, if a police officer attempting to stop a Robbery accidentally shot and killed an innocent passerby, the robber could be charged with murder.
Here is North Carolina’s felony murder rule, in bold. From ncfelonymurder.org:
§ 14-17. Murder in the first and second degree defined; punishment.
A murder which shall be perpetrated by means of poison, lying in wait, imprisonment, starving, torture, or by any other kind of willful, deliberate, and premeditated killing, or which shall be committed in the perpetration or attempted perpetration of any arson, rape or a sex offense, robbery, kidnapping, burglary, or other felony committed or attempted with the use of a deadly weapon shall be deemed to be murder in the first degree, a Class A felony, and any person who commits such murder shall be punished with death or imprisonment in the State’s prison for life without parole as the court shall determine pursuant to G.S. 15A-2000, except that any such person who was under 17 years of age at the time of the murder shall be punished with imprisonment in the State’s prison for life without parole.
Burglary is one of the offenses mentioned, so the accomplice in this case may face life in prison. But the phrase “shall be committed in the perpetration or attempted perpetration” leaves significant room for interpretation. You would have to know North Carolina case law to make a prediction as to whether the rule would apply to this case.
Sheriff Reid joins the growing number of law enforcement officials who support people defending themselves and their homes. Even big city police chiefs like Detroit’s Chief Craig and urban county Sheriff’s such as Milwaukee County’s Sheriff Clarke are vocally supporting the right of armed self defense.
c2014 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch
About Dean Weingarten;
Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.
Any chance we can get this sheriff to run in Cook County IL? We sure could use a right-thinker like this.
Yeah, you sure must have to know the case law. I read the law as presented, three times. It would seem to a logical person that the entire crux of a felony murder rule would be to state somewhere that “the person committing the original felony is deemed to have committed the homicide” — but nowhere in this law did I actually see this stated anywhere! It just talks about the “person who commits such murder,” which otherwise would be the person (cop?) who pulled the trigger, or whatever, not the original perp.
While I agree that both of these intruders could probably have been shot and killed, I don’t necessarily believe that the one who escaped should be charged with murder (WAIT)…UNLESS it can be shown that either one of the perpetrators entered the home with a weapon. That fact in itself would indicate the intent or at least preparedness to do great bodily harm….in which case I would say hang ’em high and I’ll provide the rope! I just believe that there should be some “intent” of violence before automatically pinning the murder charge on the accomplice. Manslaughter or something slightly… Read more »
Too bad that the home owners had to clean up all that blood! Other than that, good job!!
we the people should be able to defend ourselves and loved ones and our property from intruders without a prison term. If more of these theifs, rapist,murders were killed it would put a warning to the rest of them you will die. They may thank twice before ending.” l thank God this intruder was KILLED..We need more of the law to stand beside us than against. us!!!
I have an alarm system, a big black unfriendly canine, a 12-gauge, 8-shot pump loaded with 00 buck and 1 oz. slugs. I also investigate all noises in and around my home armed with a Springfield .45-cal semi-auto pistol loaded with the same hollow points that the FBI uses. I have three daughters and a wife, break into my house and I’ll kill all of you I can on the spot. The rest of you I swear to God I will hunt you down like the rabid dogs you are.
Stand down Carl…
@Blackswan: Delete your post. If you ever do have a home invasion and you kill or wound the intruders, that post could get you jail time.
Your defense for having eliminated a home intruder is ” I felt threatened for my life and my family’s lives.” NOTHING MORE.
No Carl, DO NOT STAND DOWN!!!! STAND UP!!!!
We the people SHOULD be able to defend ourselves and property without a prison term for defending whats ours. I thank God this man killed this intruder. We need more of law people
on our side than againest us for defending ourselfs!!
I will do the same , i warn any intruders that if they intend to steal or break in to my home , you will get the same.
NO WARNING SHOTS,….ammo is too expensive.
Oh Well! When you are involved in this kind of criminal activity, you don’t know what awaits you on the other side of the door! It is a shame someone lost their life. But at the same time, I am glad that the homeowners are ok! My advice to the criminals. Get a job!
I am glad this homeowner had the means to protect himself from harm. Too bad he didn’t get both thugs