• If you enjoy the forum please consider supporting it by signing up for a NES Membership  The benefits pay for the membership many times over.

74yo shoots 16yo in home invasion

Palladin

NES Member
Joined
Mar 27, 2007
Messages
32,131
Likes
28,510
Location
New Hampshire
Feedback: 34 / 0 / 0
The homeowner should talk to a lawyer who would give him some good advice, SHUT UP.

Shooting to protect property is a risky choice. Even if you believe you are legally justified, a prosecutor may disagree. Even if you’re acquitted, you may spend several hundred thousand in the process.
 
Guy needs to stop talking about shooting the kid as he ran away...

He absolutely needs to shut up.

I’m not sure if the 3rd shot was him going down stairs in the basement away from the guy or towards the guy. I’m assuming away from the guy. With the castle doctrine etc, I’m not sure how Ohio law applies but it’s not a good look when the person is moving away from you. Hopefully Branca covers this case.
 
He absolutely needs to shut up.

I’m not sure if the 3rd shot was him going down stairs in the basement away from the guy or towards the guy. I’m assuming away from the guy. With the castle doctrine etc, I’m not sure how Ohio law applies but it’s not a good look when the person is moving away from you. Hopefully Branca covers this case.
In Ohio, there's a legal presumption that a person acts in self-defense when he or she uses force against anyone who unlawfully enters his or her residence or vehicle.

1648844068273.png

Ohio Self Defense Laws Overview​

Below you will find an overview of key provisions of self-defense laws in Ohio.

Statute(s)Ohio Revised Code Title XXIX. Crimes Procedure
Presumption of Self DefenseThere's a presumption that a defendant acted in self-defense or defense of another if he/she used force intended/likely to cause death or great bodily harm to another if the person against whom the defensive force was used unlawfully entered (or was in the process of unlawfully entering) the residence or vehicle occupied by the defendant.
When the Presumption Does Not ApplyThe presumption of self-defense doesn't apply if:
  • the person against whom the defensive force was used had a right to be in the residence or vehicle; or
  • the defendant used force while unlawfully in the residence or vehicle.
Duty to Retreat?A person lawfully in his/her residence has no duty to retreat before using force in self-defense, defense of another, or defense of his/her residence. In addition, a person lawfully in his/her vehicle, or lawfully in a vehicle owned by an immediate family member, has no duty to retreat before using force in self-defense or defense of another.
Related Statute(s)Ohio Revised Code Title XXIX. Crimes Procedure Section 2901.06 (Battered Woman Syndrome Evidence)
 



kid is getting released from the hospital. pops needs to do a caliber upgrade
Ohio, huh?

@Jose?
 



kid is getting released from the hospital. pops needs to do a caliber upgrade

From the article:
The homeowner reported that the teen had forced himself into the home, police said, and “at some point during the ordeal, the homeowner confronted the teen and discharged his firearm, striking him multiple times.”

Police did not identify the teen or the homeowner.

Officers provided the teen with first aid until EMS arrived and took him to Akron Children’s Hospital, officials said, where he was in stable condition.

Authorities say the homeowner was not injured.

Lowgher told WEWS he shot the teen as he was heading to the basement.


If the po-po didn't dox him, who told the media?
 
From the article:
The homeowner reported that the teen had forced himself into the home, police said, and “at some point during the ordeal, the homeowner confronted the teen and discharged his firearm, striking him multiple times.”

Police did not identify the teen or the homeowner.

Officers provided the teen with first aid until EMS arrived and took him to Akron Children’s Hospital, officials said, where he was in stable condition.

Authorities say the homeowner was not injured.

Lowgher told WEWS he shot the teen as he was heading to the basement.


If the po-po didn't dox him, who told the media?

They looked up the owner of the property, all that information is public and very easy to fine.
 
In the words of the famous Bernie Goetz "you don't look so bad here's another". Bernie got jammed up because he was a white guy who shot 4 black kids who tried to rob him but that quote really screwed him.

Bernie got jammed up because he lived in NYC and they have insane gun laws. He was acquitted of the attempted murder, etc charges but found guilty of the illegal possession of a gun.

If a similar case happened in Massachusetts and they didn’t have the government permission slip, they’re going to be found guilty. It’s basically a no win situation in a self defense case. Your lawyer will argue to the jury, yes you shot (there’s no who done it) but you were legally justified to use deadly force because your life was in danger. By doing this, you’re admitting to possession of the gun which will get you convicted of that in the MA, NYC, NJ type places.
 
Bernie got jammed up because he lived in NYC and they have insane gun laws. He was acquitted of the attempted murder, etc charges but found guilty of the illegal possession of a gun.
The criminal trial went largely in Goetz's favor. Yes, he was convicted of illegal possession of an unlicensed gun, for which he got a 6 month sentence, a period of probation (later changed to 1 year in prison no probation), community service and a $5K fine.

He got royally screwed on the civil trial winding up with a $43 million judgment against him. The alleged "you don't look so bad" was a key argument for the plaintiff.
 
I hope the kid was "scared straight" and tells all his friends...
 
Good for the shooter, but I still keep wondering if I could get a round through that ear ring with the Bullseye pistol? Probably burn the earlobe some.
 
Back
Top Bottom