Home Owner Arrested After Shooting Burglar

Bob Irwin highlights the latest self defense and other shootings of the week. Read them and see what went wrong, what went right and what we can learn from self defense with a gun.

Police Lights and Crime Tape
Home Owner Arrested After Shooting Burglar
Bob Irwin
Bob Irwin

USA –-(Ammoland.com)- WDSU News 6 reports 9-28-16 in New Orleans, Louisiana, police arrested an elderly man they said shot one of two men he saw in his shed around 3 a.m. Wednesday in the St. Claude neighborhood.

The 73 resident was in criminal court Wednesday afternoon where a magistrate judge set bail at $10,000 for the aggravated battery charge because he said he does not believe the resident is a public danger. (Apparently that’s low bail)

According to the police report read in court Wednesday afternoon, the resident’s security company alerted him of a possible break-in at his home. He grabbed his gun and went outside where he saw two men running from his shed. He yelled at them to stop!

One man kept running but the other stopped. The resident told police said the man appeared to reach for his waistband. That’s when the resident shot the 53-year-old man in his neck. The shot resulted in critical injuries.

The judge found probable cause to charge the 73 year old resident with aggravated battery. The judge said the issue in question is whether deadly force was necessary. Bond set at $10,000 on an aggravated battery charge.

Neighbors said someone broke into the resident’s shed once before, so he put up a fence for protection.

“Jail ain’t no place for anybody,” said Alvin Campbell, who doesn’t believe his neighbor should be incarcerated. “He was protecting his property.”

Another neighbor said he is not sure how he would respond in the same situation. “If they’re in my yard and they ain’t breaking in nothing, I’ll try to call the police and let them handle it,” he said.

Comments:

The second neighbor is right of course, but the shooter is elderly and it is 3 o’clock in the morning. I would have to expect the charges to be dismissed after some longer consideration by the judge or an appeal to a higher court.

Any reasonable jury will certainly come back with a not guilty verdict, unless there is way more here than reported.

Bob Irwin, The Gun Store, Las Vegas

About Bob Irwin

The writer is the owner of The Gun Store in Las Vegas and has a gun talk radio show “Fired Up with Bob Irwin” Firedup is now on KSHP 1400 am radio from 5 to 6 pm on Thursdays and at the same time also on YouTube “Fired Up with Bob Irwin.

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Taisha Galanti
Taisha Galanti
2 years ago

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Robert Lawrence
Robert Lawrence
4 years ago

Interesting situation. First of all, be heavily armed and trained, shoot at the range often, and practice home break-in, mugging, and carjacking scenarios with your wife and kids. KNOW WHAT TO DO IN ADVANCE. BE PREPARED with three things – knowledge, weapons, and skills. In this case, the thugs were breaking into a shed outside the home. It’s scary, but he should have called 911 immediately with a clear description of the scene, and stayed indoors, guns ready. If criminals threaten you on the street, try to mug you, carjack you, or break into your home, you have the right… Read more »

Sam
Sam
4 years ago

Of course the legal system thinks the bad guy is good and the good guy is bad. Otherwise there would not be a fe-lying running for president, but running for prison. And if the legal people don’t start a change, there might be a civil war again. It’s nuts we the people have given so much power to the USA government.

MBH
MBH
4 years ago

Just wail until Hillary takes office!

Eric
Eric
4 years ago

I guess his make believe Alzheimer scenario , has never talked to full blow patients . They are like kids and confused . Lost and may get angry. They won’t be acting like like a thief , thou they may think they still live in the area. I have seen a man that hasn’t lived on my street in 30 years looking for his (deceased) wife . As far as a thief stealing 2 cars , 3 motorcycles , a $10k race engine , dozen or so stereoes , kill the beast while getting your property back. They keep saying… Read more »

Old 1811
Old 1811
4 years ago
Reply to  Eric

Actually, the “make-believe” Alzheimer’s scenario has happened at least once, in Kentucky, I believe. A homeowner saw someone on his property at night, confronted him at gunpoint, and ordered him to stop. The intruder kept advancing on the homeowner but did nothing threatening (other than to keep advancing). The homeowner then shot and killed the trespasser. The dead trespasser turned out to be the homeowner’s neighbor, who had Alzheimer’s and had gotten out of his house and was wandering the neighborhood. One time many years ago, I heard glass breaking at my neighbor’s house. Upon looking out my window, I… Read more »

Jerry Bailey
Jerry Bailey
4 years ago

In citizen arrest law the words “reasonable” and “minimum necessary force keep popping up. Yes you can tell someone to wait with you for the police. And you better have called them promptly. If a person refuses to wait for police you can use reasonable force to detain him. Now lets assume that a person with Alzheimer’s has been out walking at night and the police and friends have been often taking him home. So you see him and a neighbor at your shed. You come out waving a gun and giving orders. The friend gets nervous and runs. The… Read more »

Rattlerjake
Rattlerjake
4 years ago
Reply to  Jerry Bailey

Another idiot with a stupid hypothetical situation! Alzheimers? Read the article – The security company contacted him about a possible break in; that means that they were not just standing around or walking through the yard – THEY TRIGGERED AN ALARM!
And secondly, you idiots and your “insurance” suggestions – not everyone, especially many of the elderly who are on fixed incomes, can afford proper coverage – deductibles can far exceed the property stolen. What is it with you fools that you have to make excuses for and side with criminals? NO WONDER THIS COUNTRY IS SO F-KED UP!

zardac
zardac
4 years ago

For some of you- where do you draw that line?
Bad guy breaking into a shed, some drunk staggering across your yard, some kid toilet papering your tree?
How about your kid toilet papering someone else’s tree?

I’d be real unhappy if some old duffer was acting as if they were Wyatt Earp at 3am in my neighborhood…I’d be tempted to return fire.

Rattlerjake
Rattlerjake
4 years ago
Reply to  zardac

Just keep your useless ass in lala land where idiots like you read into every situation. What if, what if, what if, ….. so what if a purple dragon was eating the neighbor’s dog! “According to the police report read in court Wednesday afternoon, the resident’s security company alerted him of a possible break-in at his home. He grabbed his gun and went outside where he saw two men running from his shed. He yelled at them to stop! One man kept running but the other stopped. The resident told police said the man appeared to reach for his waistband.”… Read more »

zardac
zardac
4 years ago
Reply to  Rattlerjake

Rattle,
I hereby crown you the Princess of Pejoratives!

Congratulations my friend.

Jim Macklin
Jim Macklin
4 years ago

There is NO RIGHT TO KILL SOMEONE. You can use deadly force to STOP the impending crime of violence. Use of force, even deadly force, is authorized to protect the lives and person of the innocent. It is not punishment or retribution. Pulling the trigger, whether you’re aiming for the center mass, the brain or a knee cap is using deadly force. You can use deadly force to stop a forcible rape. By law, any degree of penetration constitutes rape. If a rapist is trying to rip the clothes off, you shoot to stop the rape from happening. But if… Read more »

Gil
Gil
4 years ago
Reply to  Jim Macklin

Indeed When people ask what gun or martial art is good for self-defence you know you’re probably not talking to someone who’s interested much in actual self-defence but someone who wants to seriously hurt or kill others and hopes to have the law on his or her side.

Jim Macklin
Jim Macklin
4 years ago
Reply to  Gil

I disagree that selection of a proper weapon or technique means that you’re interested in seriously injuring or killing. Self-defense is not actually the legal term, it is Use of Force. The lawful use of force is self-defense. You can’t shoot someone with a Red Ryder BB gun in the lower leg legally despite the fact that it won’t kill, maim or seriously injure but because you are not allowed to shoot anyone unless they are a threat to your life or will cause you serious injury. Shooting someone to STOP their using some force against you requires that they… Read more »

freewill
freewill
4 years ago
Reply to  Gil

im sure a woman who is violently raped would agree with you, but the truth is, light weight and shoots straight!!, in the process of defense, ya dont want to miss, a criminals life has no value, an innocent persons life does!!!

Gil
Gil
4 years ago
Reply to  freewill

Your loose sense of self-defence would give a woman who thinks the man might rape because she doesn’t like the way he looks at her the right to shoot him dead.

gil
gil
4 years ago

this is exactly the reason why the gun haters wants to take away our guns. we can argue all we want about how hard we worked for our property and that no one has the right to steal it , that a lowlife thief’s life has no value and could somehow create more problems in the future. but we are not god to take away someone else’s life. if by any chance somebody break in my house with something that can hurt me or my love ones, i will not hesitate to shoot but i guessed anyone who has shot… Read more »

Deerhttr
Deerhttr
4 years ago

I think people have become far to comfortable with the idea of killing someone that is breaking the law or “might” be a threat to them. Taking a life is something that should be taken VERY seriously. Eliminating the threat does not give ANY person a license to kill someone. Only in combat can a person be ok with killing someone who is a perceived threat. Gun owners as well as police officers should not feel they have the right to kill someone they “think” might be reaching for a gun. You better damn well see a gun before you… Read more »

Ken Lizotte
Ken Lizotte
4 years ago

Mr. Irwin, the key, as you mentioned, is “a reasonable jury.” Here in Vermont, that isn’t to be expected. The judges are are liberals and most jury selections would be, also. Anyone using a weapon to defend themselves here will be found guilty by either or both. And if a jury exonerated someone so charged when the evidence clearly showed self-defense, the judge would nullify the decision with the full support of the other three branches of state government. Weapons owners are being vilified & criminalized here and elsewhere in the Republic, so those of us who do own and… Read more »

SuperG
SuperG
4 years ago

I think he was arrested so the cop could boost their felony arrest stats. I even wonder if the D.A. is even going to file on this one. The man only shot when he felt his life was in danger. Seems open and shut to me. But the laws of this nation need to be amended to say that if someone is doing something illegal on someone’s property and they get hurt because of it, the property owner is without blame.

Chuck M
Chuck M
4 years ago

Was the old man in the story wrong for shooting? Maybe, but as they said was the criminal reaching for something? I don’t know, did the old man have a light, and absolutely identified something as a weapon? Probably not. Now I’m all for protecting my family, and property, but an outside shed, for my home, I would not worry to much, and I do have some expensive stuff in it, but I do have a six ft. stock aide fence that goes around the house, and if someone was stupid enough to jump the fence, I would much rather… Read more »

biklaw
biklaw
4 years ago

At a time we are kept in the same situation… We are all taking these Actions… we areb all human beings,we want to live,so we will protect our life…

Eric
Eric
4 years ago

Just like they used to hang horse thieves and cattle rustlers .
As a 50 year old with no income an item of mine being worth $1 is still mine and not easily replaced. I would shoot the theives that have stolen thousands over the years. No they gave up any right to life once a thief is on my property . I will kill them to recover my stuff.

Gil
Gil
4 years ago
Reply to  Eric

You’re a prime example of how people aren’t interesting self-defence as much as legally shooting someone dead.. You’ll rarely be in a situation to kill when the your health or life is threatened but you’re interested in taking someone life over a misdemeanor.

Wild Bill
Wild Bill
4 years ago
Reply to  Gil

, There you go projecting again. It seems like all of your specious wisdom is based upon putting your thoughts and words into someone else’s mouth. So typical of liberal socialist argumentation: discredit your opponent by making things up and attributing the made up nonsense to him.

Gil
Gil
4 years ago
Reply to  Wild Bill

What’s projecting about someone stating they’ll shoot dead anyone who steps out of line for the slightest reason?

freewill
freewill
4 years ago

I cant believe the number of people on this site defending a thief!..does anyone actually believe that that thief is going to be a boy scout tomorrow because he almost got caught?, the next time he tries stealing something, he might hurt somebody..a thief is a thief and he was stopped!!..come to the property owners defense and not the criminal!!

Old 1811
Old 1811
4 years ago
Reply to  freewill

A basic rule of law is this: No piece of property is worth a human life, even the life of a criminal. If it’s legal to shoot someone breaking into your shed or stealing your car, where do you draw the line? At monetary value? What’s in a shed that’s worth, say, $1000? If you don’t use monetary value, is breaking and entering enough? How about shoplifting? Please explain. Give examples.

freewill
freewill
4 years ago
Reply to  Old 1811

@old 1811, I work for every thing i have, if somebody tries stealing it i will stop them with any force necessary, no thief is worth anything, get rid of him, shop lifting is stealing stuff thats for sale, private property is private property, its not negotiable!!

Gil
Gil
4 years ago
Reply to  freewill

You’re admitting you want to be a judge, jury and executioner when someone offends you in some way. You’re not overly in self-defence but honor-defence.

freewill
freewill
4 years ago
Reply to  Gil

A thiefs life is worth nothing, if I catch a thief red handed, i dont wait for a judge and jury to defend my property, if he survives, then the judge and jury can have him,.dont misunderstand, if he seems to be no threat, then we’ll wait for the cops… no one can convince me that a thief gets caught the first time, this is their career, we have an obligation to stop them..if your government says no, then resist them too!..

Gil
Gil
4 years ago
Reply to  Gil

Call it what you want but don’t call it self-defence. You’re akin to someone entering an army recruiting office hoping to get a licence to kill legally.

freewill
freewill
4 years ago
Reply to  Gil

I dont recall seeing where the criminal was shot, i think it says there were two criminals, but where was he shot?, its hard to prove self defense if shooting in the back, but then again, he was in the process of trespassing, breaking and entering, attempting to steal someone elses belongings, he is of no benefit to society, hes a burden of the worst kind..

Rattlerjake
Rattlerjake
4 years ago
Reply to  Gil

, Yes it says he was shot when he stopped in response to the homeowners “order”, but then reached toward his waist as though retrieving a weapon (accoring to the homeowner).

“One man kept running but the other stopped. The resident told police said the man appeared to reach for his waistband. That’s when the resident shot the 53-year-old man in his neck. The shot resulted in critical injuries.” (sic)

Old 1811
Old 1811
4 years ago
Reply to  freewill

FW: I feel your pain. Problem is, the law doesn’t.
If you use deadly force against another person in defense of property only, you’re guilty of, at the very least, aggravated battery, and at the most, murder.
That’s the law. Your feelings won’t change it. You can philosophize and justify to the judge all you want, you’re still going to spend a long time in a cage.

freewill
freewill
4 years ago
Reply to  Old 1811

and you can try to empower government all you want, i have a god given right to defend my property!!, if i catch a criminal red handed and it looks like hes reaching for something, im not waiting for the cops to finish their donuts before they get here!! im not calling 911 and hiding under the bed while a thief is stealing me blind..

Gil
Gil
4 years ago
Reply to  Old 1811

FW, the law isn’t interested in what God might or might not say about trespassing. The law is only interested in whether you used reasonable force to protect yourself or your property. If you hope you can have the jury stacked in a way that they will find you not guilty anyway you’re dreaming.

Wild Bill
Wild Bill
4 years ago
Reply to  Old 1811

@1811 That is the basic rule of law in some states. We, in Texas, have the presumption of right action if we kill a person that is doing any one of several enumerated felonies,on our property, including: stealing. And that is where we Texans draw the line that you seek.

freewill
freewill
4 years ago

it doesnt matter if theres an immediate danger to a property owners life, criminals were trespassing and breaking in to his building and stealing his stuff, the owner has every right in the world to defend his self and property, people taking the side of the criminal is why crime is out of control!!!

Jim Macklin
Jim Macklin
4 years ago
Reply to  freewill

Not according to the written law we are expected to know. It might be moral, fit and proper in some ancient society. I will cite Kansas laws, most states are similar. Look up your state laws unless you want to spend 3-25 years in prison because some low life is stealing your old TV with a 12 channel VHF/UHF tuner, a cathode ray tube. Arm yourself, dial 911 and get help on the way. Describe yourself so the cops can identify you when they get there. 21-5224. Use of force; presumptions. (a) For the purposes of K.S.A. 21-3211 and 21-3212, prior… Read more »

Wayne Clark
Wayne Clark
4 years ago
Reply to  Jim Macklin

My God Jim…do we need to read every statute before we decide if we can cross the street legally? I know thats apples to oranges but stand your ground, is stand your ground. That’s not just some ancient rule of thumb but that’s called survival! It’s one thing if both ran off into the night & didn’t come back but the one turned & reached for his waistline, which would indicate to ANYONE that he had a weapon of some kind. Given if the account of events are factual, any prosecutor, judge or attorney worth their metal, would toss this.… Read more »

Old 1811
Old 1811
4 years ago
Reply to  Wayne Clark

But the guy stopped at the homeowner’s command to stop, which was at the least stupid and probably unlawful. So now you’ve stopped a fleeing felon. Now what? You’ve just taken a situation where you were in no danger and converted it into a possibly life-threatening standoff. Here’s a good rule of thumb: Never get out of the boat. If someone is breaking into an outbuilding, it’s a problem for the police. They have a duty to pursue and apprehend, and you don’t. If something goes bad, they have qualified immunity because of that duty, and you don’t. Nothing in… Read more »

Jim Macklin
Jim Macklin
4 years ago
Reply to  Old 1811

A command to stop is not illegal. A citizen’s arrest is lawful in all states.

Wise, maybe not, but not illegal.

freewill
freewill
4 years ago
Reply to  Old 1811

the home owner exercised his right to defend his property, apparently, you have nothing of worth, or you would defend it

Rattlerjake
Rattlerjake
4 years ago
Reply to  Old 1811

You probably wouldn’t think so liberal-wuss if your mom hadn’t made you wear dresses as a kid! Grow a f-king pair and man up, it is EVERY citizen’s duty to enforce law and order, sadly there are too many like you who are chickenshit and rely on others to do it!
When seconds count the cops a minutes away! Letting a criminal, caught in the act, get away just allows others to be affected later.

Old 1811
Old 1811
4 years ago
Reply to  Old 1811

RJ: I’m not a liberal-wuss, but I will admit that having made thousands of arrests over 30 years, and being seriously injured doing so, and being sued by offenders who injured me, has made me a little leery of doing it myself, now that I’m retired.
If you make an arrest on your own, you’re liable both for the lawfulness of the arrest and for the safety of your arrestee until you can turn him over to the police. Unless you’re in mortal danger, it’s not worth it. I know.

Old 1811
Old 1811
4 years ago
Reply to  Old 1811

FW: Actually, I have a lot of things of worth. But under the law, none of them is worth a human life. And they’re all insured. The only things on my property that are worth a human life are other human lives, and they’re not in an outbuilding.

freewill
freewill
4 years ago
Reply to  Old 1811

@old1811, how much would your insurance pay out for for an irreplaceable item thats been in the family for generations but now in the hands of a thief because you let him get away?

Old 1811
Old 1811
4 years ago
Reply to  Old 1811

FW: Here’s what it boils down to: I don’t know what your job is, but whether you’re a farmer, an accountant, an IT guy, or a brain surgeon, I’d never presume to tell you how to do it. Yet anyone who has watched TV knows more about police work than the people who do it for a living. I’m telling you what the law is. If you’d rather philosophize, engage in sophistry, and call me names, that’s fine with me. I hope you never find out for yourself how it works in the real world. I’m done here. Vaya con… Read more »

Gil
Gil
4 years ago
Reply to  Old 1811

Freewill is one of those characters who would act surprised why he’s facing serious jail time for “defending” himself.

freewill
freewill
4 years ago
Reply to  Old 1811

@gill, nothing surprises me anymore, resistance to tyranny, no matter the source

Jim Macklin
Jim Macklin
4 years ago
Reply to  Wayne Clark

Don’t need to read “the law” before every encounter but a person who owns a gun should read it at least once a month and after every legislative session. Of course certain principles from English Common law, The Bible, and Hollywood good guy movies apply, but in a court only the written laws decide whether you go to jail. I posted ALL the Kansas laws, which are different from Texas, Colorado or Louisiana in detail because it seems some people have never read the law, despite the training that a CCW/CCH license requires. . Everybody will do what they want,… Read more »

Wayne Clark
Wayne Clark
4 years ago
Reply to  Jim Macklin

Jim, it amazes me at how you pick & choose what to respond to. Sarcasm seems to fly over your head. Of course I realize you don’t read every law before an encounter & I agree, you should be up on current changes in local laws, which, by the way, don’t change monthly…& there is an app to keep abreast of state regulation changes in gun laws & I have it. Once again, you’re right about different laws for different states…but have you ever wondered why? It has to do with interpretations of these “English Common Law, the Bible, &… Read more »

bob
bob
4 years ago

Hope it is as described by the 73 year old man. If it isn’t dismissed before court he could end up spending far more on lawyers than the cost off his shed and contents. That would be totally wrong, but it happens.

P.S. I’m from MA

Gus
Gus
4 years ago

The author of this report and the second neighbor are correct. If your life is not in danger (the burglars don’t go in your house) stay inside and call police. It’s not worth it ($$$) to go through the court system nightmare just to protect your property unless the State you live in allows you to use deadly force to protect property (e.i. Texas). Check your state laws and also get legal protection through USCCA like I do just in case you get arrested.

Sam F.
Sam F.
4 years ago

As a former LEO and a 35-year attorney, the author is correct. Breaking into your out building does not create an immediate threat of danger to you or anyone else.
Call the police.
Now, on the other hand, if they broke into our home…

Tionico
Tionico
4 years ago
Reply to  Sam F.

Stand Yuor Ground laws make it just fine for the man to go out into his yard at oh three hundred. Remember, from the article, the pair of burglars began to fee, then ONE OF THEM stoipped, turned, and made as if to secure a weapon to use against the old man. THAT changes everything. If I cannot go out into my own backyard at oh dark hundred, then I am a slave. Further, we don’t know NA law regarding citizen’s right to use lethal forct to stop a felony in orogress, or to stop criminals from fleeing the felony… Read more »

2War Abn Vet
2War Abn Vet
4 years ago

Reasonable judge? Good luck!

freewill
freewill
4 years ago

if the criminal to appeared to be reaching for his waist band, what else is one to do, cops shoot people all the time without seeing a gun

RayJN
RayJN
4 years ago
Reply to  freewill

A cop under the same circumstances would be on administrative leave pending investigation, not charged and posting bail.

Old 1811
Old 1811
4 years ago
Reply to  RayJN

A cop has the duty to pursue and apprehend, and a homeowner does not.
A cop’s command to a fleeing felon to stop is perfectly lawful and defensible in court. A homeowner’s command to a fleeing felon to stop is not.

Rattlerjake
Rattlerjake
4 years ago
Reply to  Old 1811

Let’s not forget that law enforcement was established to handle criminal activity that is beyond the ability of the home/business owner. What has happened is that law enforcement has done the same thing that the rest of government has done and that is to exceed their initial powers and authority. They and government are the reason that we a burdened with tens of thousands of worthless laws and we are now forced to defend ourselves from criminals AND government! The homeowner in this situation was more than justified in trying to stop the perpetrators, deadly force or not, problem is… Read more »

Old 1811
Old 1811
4 years ago
Reply to  Rattlerjake

Okay. If you take it upon yourself to conduct law enforcement actions against criminals, you also take it upon yourself to follow up in court, to wit: to prosecute the criminals to the conclusion of their criminal cases and to defend yourself against any charges of wrongful death or injury, brutality, framing, or theft that the criminals or their families may bring against you.
How many vacation days are you going to take for that?

Rattlerjake
Rattlerjake
4 years ago
Reply to  Rattlerjake

Old1811 – Where do you come up with this crap? Once you apprehend a criminal or kill him, and notify law enforcement, THEY do all of the follow up to include investigations – that is what they are paid for! Law enforcement is not paid to “DEFEND” individuals and /or their property, they obviously cannot be everywhere every minute! Except in rare circumstances law enforcement are the “cleanup crew” after a crime is comitted!

Wild Bill
Wild Bill
4 years ago
Reply to  Rattlerjake

The 73 year old man’s command to stop was also a perfectly legal command as he was making a citizen’s arrest. A citizen arrest is a lawful and defensible in court as a police officer’s arrest.

freewill
freewill
4 years ago
Reply to  Old 1811

we have a god given right to protect our property!!

freewill
freewill
4 years ago
Reply to  freewill

@old 1811,.government was created to prosecute criminals, it makes no difference who catches them, why are you defending the criminal?, its people like you that has crime so rampant..

Gil
Gil
4 years ago
Reply to  freewill

What your legal right to use deadly force for personal defence is what matter. Saying garbage like that means you’d rather go to jail than be thought of being weak in the eyes of others.

freewill
freewill
4 years ago
Reply to  freewill

@gill, what garbage?…God or private property?…i will defend myself from any attack, be it criminal or tyrant..I am peaceful until somebody else breaks the peace

Gil
Gil
4 years ago
Reply to  freewill

You’re clearly now in the realm of “honor defense” not self-defence. That’s the sort of mentality people don’t like about Middle-Easterners. “Honor defense” is where life becomes cheap – if you get the legal right to kill someone because they ticked you off enough then you can be killed in the same way without them facing any legal repercussions.

Wild Bill
Wild Bill
4 years ago
Reply to  freewill

, Gill just makes things up and attributes it to his opponent, to make himself sound right. It appears that his only means of argumentation is projection.

Gil
Gil
4 years ago
Reply to  freewill

Projecting nothing. FW is akin to a Muslim. He hears the law of the land but rejects it when it’s against what he wants to do. He’s akin to the surprised Muslim that Sharia law don’t make his actions legal.

Old 1811
Old 1811
4 years ago
Reply to  Old 1811

Rattlerjake: You’ve obviously never arrested anyone. I spent 30 years doing it. When you arrest someone, your part in the affair isn’t over. You have to go to court EVERY TIME the case comes up; otherwise the defendant’s lawyer will miraculously be ready for trial on the day you don’t show up, and the case will be tossed for lack of witnesses. I’ve seen cases go more than ten continuances until that very thing happens. Anyone you arrest will claim you framed them, beat them up, or stole something from them. You’ll then have to defend yourself against that, too.… Read more »

freewill
freewill
4 years ago
Reply to  Old 1811

a citizens arrest is holding the criminal until the cops get there, you have submitted to government, you let them control your life to the point where you cant even defend your property!! i will protect my self and property from all attacks

Rattlerjake
Rattlerjake
4 years ago
Reply to  Old 1811

What is obvious is that YOU, Old 1811, thirty supposed years as LE make you a conformist and insist on accepting/conforming to the illegalities that the government has created with their rules and laws that protect the criminal. We, as free, law-abiding Americans should be fighting the establishment at every turn to get rid of this tyranny, instead of doing like you and kowtowing to their unconstitutional and anti-scriptural agenda. Besides that, I NEVER said to pursue! So stop assuming/putting words in my mouth. As far as following up, that is/should be the least a citizen should do, it is… Read more »

Old 1811
Old 1811
4 years ago
Reply to  Old 1811

RJ: No witnesses? How do you know that? Can you be sure that none of your neighbors heard the yelling and commotion and looked out their window in time to see you shoot? Haven’t you ever seen CSI? Do you know about autopsies? If you’re worried about witnesses, then you know you’re breaking the law. My 30 years of conforming to the rules and laws, etc., have shown me that bad shootings have a way of coming to the surface, and the shooters go to prison. Then you can debate with your cellmate about the injustice of the system. He’ll… Read more »

Oldn1811
Oldn1811
4 years ago
Reply to  Old 1811

RJ: You misinterpreted my words. I never said you said to pursue. What I said was, the police have the duty to pursue and apprehend, and you don’t. In this case, yelling at the fleeing felon to stop constitutes a pursuit, and the homeowner had no duty to do so. (The apprehension came at the time of the shooting, which is a seizure under the Fourth Amendment, according to the Supreme Court.) I was also pointing out that the police have qualified immunity based on their duty to pursue and apprehend, and you don’t. So if your attempt at apprehension… Read more »

Vote for trump
Vote for trump
4 years ago

He should have stayed inside his home and called the police. Stolen property is never worth someone’s life. He was wrong to go out and confront those men. We can all learn from this. This man went outside looking for trouble and found it. Now someone is dead.
And I’d like to compliment the writer for not mentioning race in this article.

Tionico
Tionico
4 years ago
Reply to  Vote for trump

The homeowner did NOT “go outside looking for trouble”. Troubnle had just come to pay HIM a visit. If LA have a Stand your ground law, he WAs in his right to be where HE had lawful right to be, and they did not. And when someone is on YOUR place at such an hour, stops to confronnt homeowner, then reaches into a waistband IN THE APPEARANCE of taking up a weapon, the homeowner is right to fire. Hopefully this is a rural enough part of Lousiana no jury will convict. But, their DA needs to man up and refund… Read more »

Wayne Clark
Wayne Clark
4 years ago
Reply to  Vote for trump

He was alerted, evidently, by his security sefvice, that there were intruders on his property. He didn’t go “outside looking for trouble” but went outside to protect his property…which most people would do. He shot the one that turned & reached for whatever & caused a CRITICAL, NOT LETHAL, injury. Nothing was mentioned about anyone being dead, not even the charges. No, property isn’t worth someone’s life but if someone was running from me at 3 a.m., on my property, stopped & turned, reached towards his waistband…I’m not waiting to see if it was just his nuts itching. Strike one… Read more »

Heath Jayman
Heath Jayman
4 years ago
Reply to  Wayne Clark

Back in the fifties, Texas Rangers had a saying they shared with some of the ranchers who had people regularly coming onto their land, cutting fences and stealing. ‘Shoot, shovel and shut up.” The scumbags who would steal form someone else’s hard earned goods, deserve a deep hole and a few layers of lime out in the back. Nobody is going to miss them. And society will be that much the better off.

Rattlerjake
Rattlerjake
4 years ago
Reply to  Heath Jayman

Absolutely! That’s why most farms have a backhoe!

Maek
Maek
4 years ago

Unfortunately, the system costs money. This older gentlemen will be out the $1,000 the bail cost him plus many more thousands for a lawyer. He may be aquited but will be less wealthy, if he can afford that at all.

In retrospect it might have been better to NOT have asked the men to stop and just let them run away. The unfortunate thing about that is that they might well come back another time. This would have avoided the confrontation.

In my opinion the DA is an a**hole for bringing the charges. Even if aquited this will be expensive.

Wayne Clark
Wayne Clark
4 years ago

“The second neihbor is right of course”….really? The neighbor said, “If they’re in my yard and they ain’t breaking in nothing”. They WERE in his yard…& breaking into his shed! Not to forget, it was 3 a.m.! I don’t know about LA, but in TN, that’s included in “our castle” & protectable under it. As far as it being dismissed after a judge reconsiders it, or a higher court ruling it justifiable, the fact is, a 73 year old man, protecting what he has worked for all his life…at 3 o’clock in the frigging morning…now has a non-refundable bail posting… Read more »

Saddletramp-51d
Saddletramp-51d
4 years ago
Reply to  Wayne Clark

Castile laws in any state do not allow for deadly force unless a person believes a person’s life is endangered. As far as a jury is concerned, don’t count on it finding your action proper even if was.

Sam
Sam
4 years ago

Thats where your wrong. Before making statements like that you might want to research all the states first because some allow you to defend your property.
As in Texas for one, and I believe there are others.

Kent and Brenda Jardine
Kent and Brenda Jardine
4 years ago

These Liberals are Destroying our Country. It’s time we brought Commonsense Laws against these Anti Americans who want to Affect our Second Amendment.

Jim Macklin
Jim Macklin
4 years ago

Louisiana has versions of Castle Doctrine and Stand Your Ground. By going out to check on te felony burglary in progress Castle Doctrine no loner applies in Louisiana [IANAL] but Louisiana does allow citizens arrest. The furtive movement toward the waist, at 3 AM, would be cause by a reasonable person to perceive a threat of a knife or a gun. A police officer would shoot too. The old man needs a qualified criminal defense attorney. But he should get his bail money back. Hopefully the Public Defender will seek justice and a release. If he has to think about… Read more »

Leslie Fish
Leslie Fish
4 years ago
Reply to  Jim Macklin

And how was the old man supposed to know, how is any burglary victim supposed to know, that the robber will be content with taking the property and not coming into the house to take more, and do worse?

durabo
durabo
4 years ago

Unless an investigator can assure the prosecutor that the successful defender must have been “in fear for life and limb,” the shooter doesn’t have much of a defense. Firing upon FLEEING felons is generally not viewed as lawful armed defense.

Tionico
Tionico
4 years ago
Reply to  durabo

when the felons were fleeing, your advice is correct. But re-read the article: ONE of them stopped, faced the homeowner, and made a reach toward his waistband. Maybe he was only going to scratch his privates…. but maybe he had a gun/knife. But maybe he was trying to make the old guy THINK he was reacing for something dangerous.. we don’t know. What will govern is whether the old guy, at that time and place, had reasonbale grounds to THINK the guy was reaching for a weapon. Given that time, place, and scenario, that’s precisely what I’d be thinking. At… Read more »

Old 1811
Old 1811
4 years ago
Reply to  Tionico

But . . . The fleeing felon who stopped, stopped in response to the homeowner’s command to do so. Why did the homeowner command a fleeing felon, who was not a threat to him, to stop? To arrest him, most likely. Then what? There is no indication that the police were called before the shooting. If they were, the homeowner was taking a gigantic risk of being mistakenly shot when they rolled up. If they weren’t, how was the homeowner going to call the police and how long did he plan to hold the burglar at gunpoint? Did he have… Read more »

Gene Ralno
Gene Ralno
4 years ago
Reply to  Old 1811

Most of us here are fed up with the lefty notion that we should allow nuts and felons to waltz into our lives, harm our families, take what they want and stroll away unpursued. Criminals bank on the idea that peaceable, lawful people also are weak and cowardly. They prey on the very people leftists besmirch every day for standing up to the criminal element. Thank God some states allow one to protect property in addition to one’s life.

Old 1811
Old 1811
4 years ago
Reply to  Gene Ralno

He wasn’t harming anyone’s family. The law says that no property is worth a human life, and it doesn’t care what you’re fed up with. You can argue all you want, but that doesn’t change the law. If you want to shoot someone over property when there’s no threat to life, be my guest. But I won’t visit you in prison.

freewill
freewill
4 years ago
Reply to  Gene Ralno

old1811, you have been programed like a robot, you only serve the law maker, you dont reason, you wont allow defending your property, you think a criminals life has value..well it dont!!, but i have to admit, if im ever in this situation, you made me realize the cops are as bad as the criminal and i wont let them get close to me when they come take him away!!..

Gil
Gil
4 years ago
Reply to  Gene Ralno

FW – now you’re clearly insinuating you would break the law because it feel right to you. You’re acting surprised the cops are going to arrest you for defending you honor instead of giving you a medal.

freewill
freewill
4 years ago
Reply to  Gene Ralno

@gill, i have a god given right to protect myself or property from any attack!!, no matter where that attack comes from..

timothyf7
timothyf7
4 years ago
Reply to  Gene Ralno

I would be interested to know, in which states do they allow lethal force when a person’s life is NOT in danger! I may be wrong, but I have studied many states gun laws and haven’t found one that allows a life taken in a situation were the threat of death or extreme bodily harm is not present.

Sam
Sam
4 years ago
Reply to  Gene Ralno

Thank goodness in Texas we have a right to defend our property as well as our lives no matter where we are.

Granted I would have already called police and I would let them know before they got there who I was.
I am NOT giving up My property that I worked for and payed for to some Turd that thinks he/she can just take whatever they want instead of working and buying it themselves.

Gene Ralno
Gene Ralno
4 years ago

This is part of the Bloomberg culture creeping into DA and Judge mindsets. The DA didn’t have the courage to simply “wrap it up” and send him home. The judge probably fears for his job and felt pressure from the DA and big media so he took the safe way out. Time for torches and pitchforks.

Tionico
Tionico
4 years ago
Reply to  Gene Ralno

when the judge feears the prosecutore, the judge has become a slave to him. Time for this judge to put on his Big Boy Pants and do the right thing. If the guy’s not a flight risk, as the judge said, he does not beling in the hoosegow, nor to let the state have ten Large of his likely scarce cash. The judge is the crooked one here.

Gil
Gil
4 years ago

The second neighbor is right? That would be admitting that home owner is guilty and should go to jail.

scott
scott
4 years ago
Reply to  Gil

Well yes 2nd neighbor right as you seen him say if they was in his yard NOT breaking into anything he would try call cops he also says he’s not sure how he would respond in same situation. Which both are true as if someone is in yard can ask to leave or try get trespassing ect. Can’t just shoot them. B&E now yet a crime they will show reasonable doubt in court and blame you in wrong unless can show your life was threatened and no choice but forced to defend yourself. They can find more ways to screw… Read more »

HMLA-167 Warrior
HMLA-167 Warrior
4 years ago
Reply to  Gil

The author appears in most articles, at least to me, to be very anti-self defense and a complete boob. He certainly has given out some horrendous self defense advice in the past.

Raconteur
Raconteur
4 years ago

That “horrendous self defense advice” will keep you out of jail. With a movement to the waistband, I’d shoot, too. But if no weapon was found, I would expect to be arrested and charged with manslaughter. It’s why I have the number of a very good 2nd Amend. lawyer in my wallet.

Heath Jayman
Heath Jayman
4 years ago
Reply to  Raconteur

And keep a big screwdriver or sterile kitchen knife to be found, in case the bad guy forgot to bring his.

timothyf7
timothyf7
4 years ago
Reply to  Heath Jayman

Comforting to know that there are people that see breaking the law is ok and have given so much thought on how to make it look justified when they illegally take another person’s life. This is the attitude that causes people to want the 2ND Amendment challenged.

Cam
Cam
4 years ago

Yep, I wholehearted agree with your observation.

Dave
Dave
4 years ago
Reply to  Gil

If a brazen criminal is confronted during the act and reaches into his waistband, I am not going to assume that he is reaching for his cell phone to let his wife know that he might be a little late.

L Rommel
L Rommel
4 years ago
Reply to  Gil

The second neighbor is right. And it does not admit the home owner is guilty. The reason those two are not necessarily related is that the most prudent course is not the only legal course of action. The old man might have been overpowered, or shot. He put himself in a more dangerous situation without need. Once he had reason to believe one or more people were in his shed, unless there was someone he needed to protect, he should have gotten to a more defensible position and called the police. A police officer on the scene would have to… Read more »

Stephen A Delap
Stephen A Delap
4 years ago
Reply to  Gil

If the boob reaches for his waistband on me, I’m going to blow his worthless ass clean out of his shoes! One less bad guy period, no questions asked. We need to do MORE to protect ourselves. The overworked police just cannot do it all!

aryeh Sax
aryeh Sax
4 years ago
Reply to  Gil

I think if the guy reached for his waste-band, you do not have to wait until he pulls a gun and shoots at you. If it turns out he had no gun it was bad judgment on his part should have kept his hands in the air, or at least away from anywhere he could have a gun. Who should have the buden of proof, victum or the robber? One thing a 73 year old man might not even up to a fist fight with a thug in some cases and the thug maybe able to beat ther older man… Read more »