This happened about a year ago.

[XD Gunner]

But I would like some input on how I could have handled the situation better.

This was at my parents house, I was in from college for the weekend. It was late and my father hadn't gotten in yet, I think it was around 11PM. I was in the back bedroom, nerding out to World of Warcraft or some other PC game. I hear a thump near the front of the house and my Mom scream. I grabbed my XD45, chambered a round, and headed to the front of the house. it. My brother grabbed a shotgun and followed.

We rushed to the front of the house, where Mom had opened the door talking to a girl I went to Highschool with. Mom was visibly shaken, as the girl had just beaten on the window (loud thump). The girl screamed and said someone was trying to kill her and she needed to come in and call the police, about that time, a male in his mid 30's walked out from behind the hedges next door, I grabbed the girl (after all, I knew her) and drew on the guy walking toward us, yelling "STOP, I have a gun, and will SHOOT YOU" I yelled three times before he finally ran off, and I believe he only ran off because my brother stepped out and pumped the shotgun.

I told the girl then and there to stay put, we were calling the police, to which she started crying and screaming hysterically. We told her to calm down, but she kept pacing the room screaming and crying, at some point she darted out the front door and ran the same direction the man had ran.

The next day we found footprints and cigarette butts near our cars, they had been there a while, or had came back after the fact.

This was a girl that I had literally known for 13 years, from kindergarten to graduation. You can't trust anyone. We called the police and they did their thing, even went so far as to contact and question the girl, who denied the entire ordeal.

What did I do wrong, and what could I have done better?

 

[chronic]

Seems like you did real good. I would bet drugs and/or alcohol was involved. I wonder if that girl knew you lived there and how well she knew you? Maybe they were going to try and rob your mother and didn't know you guys were there.

 

[CWPinSC]

Arming yourself at the sound of a family member screaming and loud noises was correct. However, you had very thin PC to shoot anyone. BTW, telling someone you will shoot them is considered assault. In SC, drawing and pointing your weapon is considered "use of deadly force". The BG must have intent, ability, and opportunity.
Intent - none shown, the suspect was merely walking towards you.

Ability - No weapons visible.
Opportunity - Yes, he was close enough to harm a victim.
That's 1 out of 3.

No weapon was shown, no violent words were spoken, and you only had the girl's word of what had just happened. At the end, she ran off, following the unknown man. Sounds like a domestic to me. You can really get hung out to dry in one of those. You usually get two totally different stories, and oftentimes the "victim" will end up defending the perp. You may never know who actually started the altercation or initiated the physical violence.

You should have taken the girl inside (to safety) immediately and called 911. Keep your weapons handy in case you need to defend the house and occupants.

Since he was hidden in the bushes, if he'd wanted to kill anyone, you could have all been dead before you even knew he was there.

even went so far as to contact and question the girl, who denied the entire ordeal.

If you'd shot him, your butt would be a real sling and you'd be charged with murder.

You might want to reread your state's laws concerning when you can shoot.

My wife adds:
No sounds were heard until suddenly there's a girl pounding on the window.
Evidence shows someone was in place for some time - waiting - for what?
The girl ran off in the same direction as the man.
She denied the whole scene to the police.

Her opinion is you were being set up for a robbery or home invasion.

 

[armoredman]

After the fact I would have to agree, sounds like a setup. Glad all came through all right, but see about beefing up your home security if you can.

 

[Croz]

I'm not sure it's a setup. Sounds to me like an abused woman who ran from the man temporarily and then chased after him because "he LOVES her," and she doesn't want him in trouble.

Then she denied the whole thing to the police so he wouldn't get in trouble.

 

[MikeGoob]

This unarmed man was apparently trying to walk into the house. Is this considered home invasion? Just trespassing? Its pretty important to know that no shots can be made until someone is in mortal danger, not just trespassing.

 

[armoredman]

Mike, check laws, some states/counties/locales allow, some don't, and if you have Castle Doctrine, that can also come into play. Also, without strip searching the guy, hard to say he was unarmed.

 

[XD Gunner]

However, you had very thin PC to shoot anyone. BTW, telling someone you will shoot them is considered assault. In SC, drawing and pointing your weapon is considered "use of deadly force". The BG must have intent, ability, and opportunity.

He had no business on our property, instructing him to leave did not work. It was dark, he was a strange person, and he was trespassing with a perceived intent to cause harm. The police we spoke with said that had we shot him, it would have been a self-defense shooting and that would be that. Only if we had shot him in the back would they have filed any charges. I don't know how much truth was in it, but there have been a few scenario's similar to this, and self-defense was always the reason, and nothing ever went to court, granted, with my luck, I would have been strung up.

My wife adds:
No sounds were heard until suddenly there's a girl pounding on the window.
Evidence shows someone was in place for some time - waiting - for what?
The girl ran off in the same direction as the man.
She denied the whole scene to the police.

Her opinion is you were being set up for a robbery or home invasion.

The police said the same thing, they also told us that the Girl in question was high when they spoke to her, and they had her in custody for possession. I should have added this to the first post, but for some reason, I didn't feel it pertinent.

Glad all came through all right, but see about beefing up your home security if you can.

About that, my parents live in a rural neighborhood, it's not "high crime" in the least. My mom does not know how to shoot a firearm, although my brother and father are excellent marksmen. One or both of them are always home. We now keep a 20" 12GA Shotgun with 6 rounds of 00 at the ready, along with several flashlights and a dog.

At the time, we were so bewildered that we didn't know exactly what had happened, after seeing a few home invasions though, we slowly came to realize that, we probably were candidates for a home invasion that either was averted due to cold feet, met with enough force to dissuade the occurrence, or that the two really were just demolished on painers and out of their minds.

I wonder if that girl knew you lived there and how well she knew you?

Yes, she did, and very well. We literally grew up less than a mile apart. Went to the same school from Kindergarten to 12th, and were in many classes together, we rode the same school bus. She never called me by name though during this encounter.

I suppose drawing on the guy was a little much, however, I was protecting my dwelling, my brother, and my mother, and then supposedly this girl. I am positive that the only reason the guy left was because he knew there were weapons present, and that had we been unarmed we would be a statistic. I'm happy, beyond words, that I didn't shoot anyone, but I was prepared too, if the need had arisen. Had I known what was occurring at the time, 911 would have been called immediately, however I was not in complete control of the situation, because my mother, who has a kind heart, but sometimes lets it rule her, opened the door for this girl. Who is to say I wouldn't have, though. I have known her forever.

 

[Sixer]

Since he was hidden in the bushes, if he'd wanted to kill anyone, you could have all been dead before you even knew he was there.

LOL, sounds like something Dwight Schrute would say. I doubt this dude was an NINJA.

Seriously though, I think you did fine. I wouldn't have done much different myself. Maybe just one verbal warning and leave out the "I'll shoot you" part. He'd get the general idea if he ignored it and kept coming forward.

Your bro with the shotgun was a nice addition I forget the exact rules of a gunfight... but gun math says 2=1 and 1=NONE. I'm in a state with the Castle Law and he could have easily put his life in immediate danger by advancing toward me on my property. The girl did claim that he was trying to kill her. Whether he was armed or not is a non-issue at that point because you don't want to wait and find out.

I'm gonna say JOB WELL DONE.

 

[Gav-n-Tn]

Kentucky does have a Castle Law (http://www.lrc.ky.gov/krs/503-00/055.pdf) . Of course it always pays to be up to date on the laws and how they pertain by checking in on your state legislature from time to time (http://www.lrc.ky.gov). As for how you handled it, seems like you handled it very well to me. I would hope that I myself could do as well under those circumstances without going ahead and pulling the trigger. If you had pulled the trigger, based on the way the Kentucky law reads to me, you would be rethinking this from the Kentucky State Penitentiary.

 

[XD Gunner]

If you had pulled the trigger, based on the way the Kentucky law reads to me, you would be rethinking this from the Kentucky State Penitentiary.

One big reason why I didn't, however, the actual people that hold the power tend to side with the landowner on most charges like that around here. Thankfully. I know of a handful of scenarios like this where someone was shot, weapon or not, and the courts/police have sided with the landowner every time.

Your bro with the shotgun was a nice addition

I was thankful.

 

[wyatt3d]

I would have handled it about the same, and also been happy about him running off!!

 

[stephen426]

I also believe that it was a set up. Since this girl was high, its possible she was doing whatever her pusher told her to do in order to get a fix. Even though you know her from the time you were in kindergarten, that doesn't mean much to a druggie. All they think about is their next high. Thats would easily explain her denial of the whole situation. Good job responding to very sticky situation.

 

[jtc2162]

I'm 50/50 on whether it was a domestic or an attempted home invasion (I do know some crazy girls). Either way you seem to have handled it fine. The geekers around here will steal everything in sight but I haven't heard of a home invasion robbery to benefit a geeker's drug habit - not very common.

 

[CorpITGuy]

I strongly disagree with the posters who think you were not justified.

Intent
By the girl's own admission at the time, she was in danger of serious injury or death.

Ability
He was a grown man and she was a young girl, I would presume in her late teens or early twenties? Yeah, he could have killed her -easily- with his bare hands.

Opportunity
If he'd ignored your warnings and touched her, opportunity would certainly be present.

You did a fine job. My immediate reaction was "setup" as well, but the alternative explanation of a domestic situation also fits. Either way, you saved her a possibly savage beating that evening.

 

[Dave P]

"he only ran off because my brother stepped out and pumped the shotgun"


And there you have it, folks: proof that Hollywood tells the truth.

 

[KLRANGL]

I agree with CorpITGuy...
I know that in Virginia, you cant get in trouble for helping someone you reasonably beleive is an innocent party. I would imagine that her saying that he wanted to kill her would more than satisfy intent, at least by Virginian standards...