Tell Me Why

I have one question about this article.  Can anyone guess the question and then give me an actual legal answer?

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21 Responses to “Tell Me Why”

  1. Madrocketscientist Says:
    December 16th, 2008

    I think I know the question. Is the homeowner culpable for the home invasion and the resulting injuries since he suspected he was being targeted and took steps to entice the criminals to enter his home (instead of calling the police or leaving all of his lights on)?

    IANAL, so I got no read on an actual answer.

    ReplyReply
  2. Madrocketscientist Says:
    December 16th, 2008

    IMHO, this being Alabama, I doubt the homeowner will face criminal charges, but he may have opened himself up to civil ones.

    ReplyReply
  3. Ted Says:
    December 16th, 2008

    Close, but no banana. The question is why did the police take his firearm?

    ReplyReply
  4. BSG Says:
    December 16th, 2008

    Because it was “evidence”?

    ReplyReply
  5. Ted Says:
    December 16th, 2008

    Evidence of what? That a lawful citizen protected his home and his person? There should be no evidentiary requirement here.

    ReplyReply
  6. Tam Says:
    December 21st, 2008

    I believe some states (TX, f’rinstance) require a grand jury to be convened in the case of every homicide. Is AL one of those states?

    ReplyReply
  7. Ted Says:
    December 21st, 2008

    I remember a case back when Dad was the chief investigator for the county where a guy threw his wife out of a second floor window, she ran to a neighbor’s house, he chased her, the neighbor cut him in half with a shotgun. The neighbor never even got brought in for questioning; just asked a few questions at the scene, asked to show the shotgun in question, and told thanks for your cooperation. The sheriff’s office never took the shotgun from the neighbor.

    I don’t know if that is still the way of the world or not, but it seems to make a lot more sense that confiscating the weapon used to protect the life of himself and his neighbor-lady.

    ReplyReply
  8. Sean Says:
    December 21st, 2008

    As silly as it may seem, in many jurisdictions it is still required to conduct ballistic tests on the weapon in question to “show” that it was the one that fired the rounds killing the suspects.
    We do the same thing in any officer-involved shooting here, the difference being that the officer is provided with a replacement weapon. I wish we did the same for civilians in a case like this.

    ReplyReply
  9. MadRocketScientist Says:
    December 21st, 2008

    I know in WA, if you shoot someone, you will surrender the weapon involved until the police conclude the investigation (most likely to preserve the ballistics characteristics of the weapon).

    ReplyReply
  10. Kahr40 Says:
    December 21st, 2008

    They took the gun because until a decision is made whether it was a good shoot by the DA its evidence. In NC you can shoot a goblin while he’s breaking in. Once they’re in he has to “threaten you” and you have a duty to retreat until you can’t any more. Sorry folks I’m just here for the Plasma Screen. The main question to me is why aren’t they dead. Eight in one and two in the other? They should me DOa even with a 9mm. Front sight. Front sight.

    ReplyReply
  11. staghounds Says:
    December 21st, 2008

    Well, of course its evidence in an ongoing investigation. We have only the homeowner’s word so far that it was self defense. Suppose, for example, that one of the burglars says that he was shot in the yard while lying down wounded? And there are shell casings in the yard thirty feet from the house?

    From what gun were they fired?

    You’d be surprised how these things can shake out once they are looked into.

    MY question is, whoever heard of a golfing burglar?

    ReplyReply
  12. Dave Says:
    December 21st, 2008

    Oooh, I have one:

    Were the burglars acting on the request of the police, as in this case? And, if so, what is their legal liability in the deaths?

    ReplyReply
  13. Joe_M Says:
    December 21st, 2008

    Staghounds,

    Not just a golfing burglar, but a Mercedes owning golfing burglar who is attending college? I am guessing (and yes, I am acknowledging that this is only a guess) that these burglars weren’t doing this for the money.

    Joe

    ReplyReply
  14. Anon Says:
    December 22nd, 2008

    I can understand the cops asking for the gun, they probably always will, but is there a legal requirement to give it to them? I’m sure that varies by jurisdiction, and I’m reluctant to depend on a media account for veracity.

    I’d be curious to know where those 8 holes are. Could be they’re all in the feet, hands or arms, and were made with FMJ, at which point I’d understand why the recipient still has pulse and respiration.

    Since the cops have his gun, now’s his chance to get one in something bigger than 9. And learn how to hit with it.

    ReplyReply
  15. James Says:
    December 22nd, 2008

    This Peake guy was a member of the golf team and the getaway car was his Mercedes.

    I know the economy is bad, but damn…

    ReplyReply
  16. Matt G Says:
    December 22nd, 2008

    Answewr: Yes.

    If the guy in critical condition kicks the bucket, there’s a case for murder on his buddy[s], under the felony murder law.

    ReplyReply
  17. Gregory Morris Says:
    December 22nd, 2008

    That’s why you never use your nice custom Italian shotgun or your engraved commemorative 1911 to shoot a bad guy. You may lose the gun, at least for a while, even if it was a justified shooting. This is another reason why you should always have a backup gun.

    ReplyReply
  18. DirtCrashr Says:
    December 22nd, 2008

    Golfers, sheesh. You wouldn’t believe what just a single high-end golf-club can cost, I went into a big retail golf joint called “Golfsmith” and was looking at used clubs – there was one Nike Sasquatch Sumo driver - used - they wanted $400 for it. Waddya wanna bet a whole set is gonna cost? They’ve really knocked prices down lately, but still…

    ReplyReply
  19. Nebraska Says:
    December 22nd, 2008

    Kahr40 you may want to check the law for North Carolina

    14?51.1. Use of deadly physical force against an intruder.

    (a) A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder’s unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence, or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

    (b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

    http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-51.1.html

    ReplyReply
  20. Nebraska Says:
    December 22nd, 2008

    As Tamara K. would say from “View From The Porch”
    Even in a possibly justifiable shooting..

    RULE #1 — Keep your cakehole shut and call your lawyer. –

    When you turn over an item like that I would request a receipt. And would not turn it over unless given one.

    Anon and Gregory Morris are correct.
    Sir no problem I’ll let you have take my XD9 just wait while I grab my XD45

    ReplyReply
  21. slidelock151 Says:
    December 23rd, 2008

    Hokay< so what if you refused to answer any questions until your attorney arrives including “where’s the gun”. Then when your attorney arrives, he announces his client will be happy to comply with any request as to his firearm, but he will need a written agreement to return the weapon within say 30 calendar days, no exceptions or refund the value of a new replacement firearm. And of course the firearm will not be surrendered until such agreement is signed. I suspect you would spend the night in jail in most places regardless but it might work.

    ReplyReply

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