Castle Doctrine Used on Drunk Fla. Man

[Dust Monkey]

You break my door down in the middle of the night, I won't challenge you. You breaking down my door is enough for me to defend myself. I know it's just me and the wife. So if a third party kicks in my door, window etc. I shoot

 

[SilentHitz]

Being drunk is not a defense.

That sums it up for me, I've known a few obnoxious drunks. If you can't remember where your house is when you drink...QUIT!

 

[Creature]

You get no warnings in my house.

 

[Don P]

Tis a bit of old news from 10/08. Depends on how much noise was made getting into the house. Right or wrong, good or bad shoot, he did take a life and now must live with it knowing it was, is maybe a mistake to have done so. Too late now.

 

[FyredUp]

Look I am not saying that if soeone was breaking into my house that I would stay in my chair and say howdy once they were inside my house. My plan has always been to defend from a point of strength. Make my presence known, that I am armed and that they should leave, lay down or get shot.

So it isn't weakness, it is being sure of my reasons for shooting someone.

 

[Sixer]

A 24yr old who had too many drinks ends up dead because he made a dumb mistake.

I think this is a tragedy to be honest. So many "responsible" gun owners that say they wouldn't hesitate to shoot and likely take a life if presented with the same situation... The kid had no ill intentions and it's sad that he paid for this dumb mistake with his life.

IMO the 61 year old was within his rights under the CD. But that doesn't mean he definitely needed to exercise his rights in this situation. He could have taken a few seconds to assess the situation before turning to deadly force. I honestly doubt that this guy ever felt like his life was in danger. I'm sure he was startled, but unless the kid was charging at him or posing an immediate threat to his safety, the guy should have gone another route (ie baseball bat, etc.)

Personally I think this 61 year old was either trigger happy or just simply a big pus*y who can't handle himself without a gun. Either way he's got this kid's blood on his hands for the rest of his life. I guarantee you he wishes he could take it back.

To any of you that have kids away at college, claiming you would have done the same, you need to think twice. This could have been your son. Not too long ago I was in school, and believe it or not, getting drunk and losing your bearings is pretty common. The penalty for that type of mistake shouldn't be your life.

 

[ZeSpectre]

A 24yr old who had too many drinks ends up dead because he made a dumb mistake.

And much like those who kill themselves drunk driving the fault still rests squarely on the shoulders of that 24 year old man and his poor self control and decision making.

Denigrating the homeowner as "either trigger happy or just simply a big pus*y" is blaming the victim and that is simply wrong.

 

[SilentHitz]

Not too long ago I was in school, and believe it or not, getting drunk and losing your bearings is pretty common.

Then quit drinking...and please quit blaming a 61 year old man for not asking if the drunk was armed or meant him harm...that's just stupid when you have just seconds or A split-second to react. HE DIDN'T BELONG IN THAT HOUSE...period. Drunk is used as an excuse too often, and I'm sick of it.

 

[Creature]

Very well said, Ze...thank you.

 

[Coyote Hitman]

We'll see how many abuses of the CD take place before it is legislated away. There are Roonies and Rambo types who will cause the downfall of many sensible pieces of legislation.

 

[Sixer]

And much like those who kill themselves drunk driving the fault still rests squarely on the shoulders of that 24 year old man and his poor self control and decision making.

Drunk driving is against the law... You KNOW when you're drunk and you KNOW when you're driving. This kid probably walked home from the bar to avoid driving illegally under the influence.

He evidently did not know he was breaking the law in this case. He was confused and did not KNOW he was doing anything illegal.

The older man was a victim of being weak.

Don't get me wrong, if someone breaks into my house with the intention of doing anything against the law, they're probably getting shot or severly beaten. If some dude is trying to get into my house but does not yet pose a threat... then I'll be getting ready to shoot while calling the cops. I guess I just need a better reason than a non-immediate threat to kill someone...

P.S. I dont drink anymore, got me in too much trouble

 

[FyredUp]

If you are standing well back from the point of entry, state you have a gun, and the intruder keeps coming...then shoot. If you announce and they stop or attempt to leave why shoot? I understand that if you are a Castle Doctrine state you legally you can shoot, perhaps, but I am not that eager to kill someone that I can't take a moment, while aiming my pistol at the intruder, to say "STOP!! I HAVE A GUN!!" .

 

[Croz]

My neighbor had a situation where a druggie ended up on her porch thinking it was his dealers porch. He kicked in the front door and stormed in the house screaming at the top of his lungs that he was going to kick some a*$.

My neighbor was unarmed, and called 911. The guy ran away after he saw her and realized this 62 year old woman was not his dealer.

Someone kicks in my front door and storms in screaming, he's not walking out.

Could I take a minute to assess the situation, let the guy see me and know I'm not his dealer, so he'll just run away? Sure. But in that few seconds, he could have just as easily pulled a gun and killed me.

Problem is you just don't know which way it's going to go in the moment. You have to make a decision in a split second. In many states, the duty to attempt retreat, and the need to be sure you're facing a deadly threat give you a far greater chance of ending up dead.

The idea of the castle doctrine is to clear you to use force, so you don't wait until it's too late. Forcibly entering a home is assumed to be a violent act, and I think that's the way you have to look at it.

 

[SilentHitz]

The older man was a victim of being weak.

Still blaming the victim...I give up, take up for the drunk all you want...still doesn't make it right.

 

[Creature]

We'll see how many abuses of the CD take place before it is legislated away.

This case was not an abuse of the CD.

 

[Sixer]

...while aiming my pistol at the intruder, to say "STOP!! I HAVE A GUN!!"

That should have done the trick in this situation.

Still blaming the victim...I give up, take up for the drunk all you want...still doesn't make it right.

Never had one too many Silent? Maybe you should try... it will loosen ya up a little bit

 

[Coyote Hitman]

This case was not an abuse of the CD.

1. I didn't SPECULATE whether it was or not
2. You haven't a clue whether it was or not, everyone in this thread is SPECULATING

 

[SilentHitz]

Never had one too many Silent?

Of course I have, but never to the point where I didn't know where my own freakin' house was...and most of the time I was in my house where I was not a danger to anyone.

 

[Sixer]

This case was not an abuse of the CD.

Unfortunately that's just your opinion Creature. I respect it, but the Legal System will be the judge on this one. I am just trying to look at this case and see how it HELPS anyone in the firearm community... I cant seem to find anything. I would bet that for every incident like this, more people become anti-gun, and that's exactly what we don't need.

 

[ZeSpectre]

Drunk driving is against the law... You KNOW when you're drunk

I'm not buying that. I arrested far too many DUI folks who SWORE that they were fine, maybe just buzzed but FINE, not even remotely drunk, honest!

He evidently did not know he was breaking the law in this case. He was confused and did not KNOW he was doing anything illegal.

Drunk in public indicates a serious lack of self control.

The older man was a victim of being weak.

You are wrong. This event is not the fault of the homeowner and reflects solely on the character of the young man who broke into the house. The real tragedy is the price the homeowner will pay for that young man's lack of self control.