Homeowner Charged After Shooting At Two Men

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 Cruiser Lights
Homeowner Charged After Shooting At Two Men
Bob Irwin
Bob Irwin

USA –-(Ammoland.com)- CBS News TV 6 & NBC News 3 reports 12-13-2016 in Kill Devil Hills, North Carolina, according to police, a person was shot in Kill Devil Hills on Monday. The incident that happened on Mitchell Court around 4 p.m. Mitchell Court is one of several small residential courts off 5th Street in the community of Kill Devil Hills.

Police say a 55 year old female was inside her home when she heard movement from underneath the residence, armed herself and went out to investigate.

She said “I heard….someone jerking on the storage room door. I came around the corner and I saw him jump around my trashcan and over my flower bed running away…….”

She was worried about what the unknown men were going to do next, so she fired two warning shots. According to police, the woman’s warning shot ended up being a direct hit. One of the men, age 19, leaving her home was shot in the leg. He was transported to Outer Banks Hospital with non-life threatening injuries.

She said she was only trying to protect her property from burglars. While the suspect was treated for his nonlife-threatening injuries, the resident was arrested and charged with Assault with a Deadly Weapon Inflicting Serious Injury.

The resident explained “They were here to commit a criminal act and in my mind they admitted their guilt when they started running; their car was in the other direction they had no business at this house.”

Investigators say there is no evidence to suggest that the men were trying to break into the home.

Comments:

We all understand the desire to chase away trespassers on our property. The resident here clearly believes she did the right thing.

That being understood, defendant here is case study of what not to do.

Use of deadly force requires a reasonable perception that a human is in danger of death or serious injury. There are some narrow exceptions to that statement here and there but none appear to apply in this case.

Never, never, never speak to the press after an incident wherein you use your firearm no matter how right you think you are! When blood is spilled, detailed statements to the investigators without your attorney present are another really bad idea.

Her statements to everyone who cares to listen will likely doom her defense in a criminal trial and the inevitable lawsuit to follow.

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.

0 0 votes
Article Rating
32 Comments
Inline Feedbacks
View all comments
BJI

For those who think no training should be required what part of “a well regulated militia” do you not understand? “well regulated” MEANS TRAINED!!!

Richard L

In today context, maybe and what is your problem otherwise.

throwedoff

Her only words should have been “I was in fear for my life!” She should not have said anything else regarding the firing of her weapon. In doing so she doomed herself to the intricacies of the laws of her state. If she said anything after that, it should have been “I would like to speak to my attorney.”

AFGus

She needs to get a good Lawyer and go to Court. I live in NC and got my CCH several years ago. The law here in NC says that you can use deadly force against someone who is in the process of gaining illegal entry into your domicile and/or vehicle parked on your property. They Do Not have to have already gained entrance to your home, but just be in the process of breaking and entering. For instance…..you could be out walking your Dog, come back and discover an intruder in the process of of wrenching your door/window open with… Read more »

Mike

It’s sad to me that this predicament is even being discussed. Bare bones of the matter is the facts as laid out in the article. Noise made but no apparent entry into an occupied structure. Home owner instead of calling law enforcement took it upon herself to leave the safety of her house to “investigate” a noise. No confrontation took place, no aggressive advance was made by the “alleged” perpetrators. The home owner, wanting to make a point that their behavior was not liked, fire the dreaded and unnecessary warning shot. Said round strikes retreating perpetrator who was not a… Read more »

Brian

She’s guilty. Guilty I say! Guilty, Guilty, Guilty; two dup slaps to the head… nothing more.

Mike L

@ Thom Paine…agreed. I live rurally in the desert here in kommiefornia. My property is posted, and if the sheriff needs to be called, if we are lucky thay are 45min away. We have no SYG law in this state of konfusion. I have had several leo’s tell me that if I/we have no choice, SHOOT! This is the difference between giving a report and being the report. My property is locked for THEIR protection! Not mine. Altho, myself in the case of having to neutralize a human predator on my property, I won’t get the benefit of doubt. But,… Read more »

Old 1811

Even if the sheriff’s deps are 45 minutes away, you should still call them before you take any defensive action, if that’s at all possible.
As you said, you won’t get the benefit of the doubt, so a 911 tape that shows you saying, “I need police assistance” and the 911 operator saying, “They’ll be there in an hour” is better in court than a 911 tape of you saying, “I just shot someone.” If you are on record as requesting LE BEFORE the shooting, it’s a lot harder for someone to claim you had unlawful intent.

Mike L

@Old 1811, reckon I should have clarified. The 911 would/will be made regardless. In kommiefornia, one needs as much help as one can get under this circumstance.

Thom Paine

Hell my Sheriff’s campaign slogan is , “trespassing in “—–” county is taking your life into your own hands “. But then we’ve not surrendered our property rights and won’t do so without a hell of a fight . And when L.E.O. response can be in the hours range ? The homeowner , (here) gets the benefit of quite a bit of doubt.

Thom Paine

So I reckon feed them to the Coyotes and Ravens isn’t suggested by the author ? I’m shocked and amazed that such isn’t reccomended. It seems to work in much of the SW . And has for a very long time . ( So do signs that say caution I own a guns ,dogs, and a backhoe . 🙂 Just couldn’t live the suburban lifestyle ,no sir . Not for this old mountain country boy .

ft

Its too bad that so many well intended people do NOT know the laws of their state on when they can use deadly force. It is important that people fully understand when they can try to shoot someone and when they can’t or shouldn’t. In order to justify deadly force for self defense people need to have a reasonable belief that the subject had the ability to inflict death or serious bodily injury on them and that they had the opportunity to do so and must have done something or said something to place them in fear for their safety.… Read more »

Bill

In order to carry concealed, one has to go to a class on gun safety and be trained when and when not to use their weapons. That being said, it is my belief that two males robbing a woman or being on her premises without her knowledge or permission presents a clear danger to a lone female. While I will not agree she should have shot them, she should have announced her presents and informed the individuals she was armed. If they had approached or moved toward her in a threatening manner, then she had all legal right to shoot.

Big Bill

In a Constitutional carry state, one does not need a permit (thus no requirement for training).

Tionicoi

many states that require the Mother May I Card as a preconditianal infringement upon the right to arms, also require no training. Interestig thjing is, such states don’t have statistics much different than states whcih SO require the training. So much for law to “protect” folk, eh? Training does not seem to be a distinguishing factor relating to misunderstanding, mishandling, etc, with firearms.

Bill

Tionicoi, I have been carrying for years. More than likely before you were born. I grew up around gun’s of all type, both pistols and rifles. While shooting does come naturally to some folks, others really need some basic training in the proper handling and safety when using a firearm.

Bill

I agree Big Bill with your comment. However, people that have “NO” training or “Knowledge” of firearms do need some basic training on proper use and safety when handling and using a firearm.

Big Bill

What you say is true, but I didn’t say they needed no training, only that none is required to carry. To me (and obviously to you, too) training is needed. However, according to the 2A, it can’t be required. I’m among those who have learned that the more powerful/dangerous something is, the more that needs to be known about its use. Even a kitchen knife is dangerous if used improperly. As a long time gun owner, I urge all new owners to get trained properly. As an American, I am wholeheartedly opposed to making it a requirement to buy or… Read more »

Wayne Clark

I fully agree…people that take on the responsibility of carrying a gun for protection, or even those that own one for home protection, should study up on their state, city & county laws regarding not only the legalities of using deadly force but the laws pertaining to firing a gun as well. Usually, firing a gun within city limits is a crime in itself, so warning shots would be breaking the law. Fully understanding the reprocussions, not only of potentially being criminal…but mentally & emotionally, of shooting another human being, should be weighed heavily among the ones that take on… Read more »

Tionico

Spot on

Eric

Hope it goes like the Pastor from Big Lake that killed 2 burglars , they were shot in the back at night , a 357 and knives were found nearby. He was found not guilty on all charges. Of course one mom tried to file civil lawsuit for $100k afterward.
Maybe the Pastor should of countersued for raising an idiot.

Old 1811

Some ambiguity here. The article doesn’t state whether the “storage room” offered entry to the house proper. That said, the woman used deadly force against two people who were RUNNING AWAY FROM HER. In other words, they were not a threat. They also hadn’t effected entry into her storage room, and most likely had not stolen anything. This doesn’t look good for her. Once again, kids: 1. No piece of property is worth a human life. That’s the law. It doesn’t matter how hard you worked to earn the money to buy that piece of property, it doesn’t represent a… Read more »

Gil

I believe the 2A gunfighters believe shooting at people running away is to do with private law enforcement – they shoot at those who run not because of self-defence (it isn’t) but they are trying to stop and apprehend (or kill) criminals.

Jdl

I believe Gil is a snowflake liberal who has no idea what he is talking about.

Old 1811

Actually, Gil is probably right. Quite a few people don’t know, don’t understand, or don’t care about the difference between the lawful citizen’s right to defend himself against a threat and the LEO’s duty to pursue and apprehend lawbreakers. Arrogating to yourself a duty you don’t have can have a sad ending.

Gil

Indeed. Most 2A types believe you a right to chase down a fleeing person and finish the fight.

Robert Thomas

Is the HuffPost site down? They are missing an idiot, get the f out of here Gil.

Wild Bill

@Gil, just because they run does not mean that they are leaving or that the fight is over. Have you never heard of fire and maneuver? If they still present a threat, the person defending themselves is justified in shooting them in the back. If the attacker does anything other than throw away their weapons, all their weapons, throw themselves on the ground, with hands up and arms extended, then they are still a threat.

Vanns40

It may not have been Texas but I would offer that if more States enacted Texas’ law we might likely have far fewer of these incidents occurring in the first place!

Mike L

I think what Gil seems to misunderstand here is the WE, 2A (gunfighters) are not (gunfighters). We are law abiding citizens that understand the laws and abide by said laws for each state we live in. But Gil, just because we carry a weapon does not, I repeat, does not mean that when we leave our properties everyday, we are out looking for a gunfight. , afraid you are right!

Old 1811

Obviously this lady did not understand or abide by the law, or she wouldn’t have shot people who were running away from her.
Owning or carrying a gun doesn’t mean you have a gunfighter complex, but it does mean you have to know the difference between a threat and a non-threat.

Paul

any common cense would know these punks were up to no good. Except the courts. They live impervious to the struggle of the common man or woman. Go for a jury trial & most likely they wont convict.