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Thread: Home Defender or Murderer?

  1. #1
    Senior Member zeus3925's Avatar
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    Default Home Defender or Murderer?

    An important trial will start in Minnesota this week to answer whether or not Byron Smith was excersizing his right to defend his home or did he commit murder?

    http://www.startribune.com/local/255041461.html
    Zeus

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    No hate crime here w white on white unless you say old folks dislike/hate teenagers? It will be interesting especially w/the judge limiting previous criminal conduct knowledge of the teens.

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    I will be interesting, especially since none of the facts have been disputed, a lot a mixed feeling on the case around here. I'm going with a hung jury.

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    Senior Member .44 magnum's Avatar
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    http://www.myfoxtwincities.com/story...eillance-video

    Kids had broke into another home the day before. They were not angels. Is is right to use deadly force in this situation. Most likely not. The home owner's own sophisticated audio and video equipment will be used by the state to convict him. Waiting 24 hours to call police makes it look like he may have been drunk or incapacitated mentally.

    Sadly two kids are dead, but would be alive if they chose not to be doing break ins. If I am on the jury I let him off regardless of the State law. He does not belong in jail because the kids placed themselves in harms way. The Govenment will make the homeowner out to be a villain instead of a victim. The kids will be innocent victims who were lured into breaking into a mans castle.

    See I can't put someone in jail when the two who died broke into his house. They would be alive if they chose to respect their neighbors.
    I don't think I smell like a brewery. I was drinking Scotch.

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    It seems to me that more and more people are viewing older people as having less " rights" than other people in our society. Perhaps part of it is that people are not respecting the things that people own. There was the younger man who came on our place and started cutting firewood without permission. There is the neighbor who hunts on our place without a mention to us beforehand. Then this last week end the neighbor who decided we needed a fire started to burn the old weeds out of a ditch along the road ( granted I'm sure he thought he was doing us a favor ). If people would just teach their children to respect everyone and their property. Ask us first if you can use/borrow etc. And last but not least people need to teach their kids that as we get older our brains, eyes, ears etc. don't work well so they may put themselves in danger by certain actions.
    charly

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    Senior Member luvmylabs23139's Avatar
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    The waiting 24 hours is where he looses my vote. Anyone attempts to break in here will be sorry but I would call 911 asap. We are still allowed to shoot through a door to stop an attempted break in.
    Hihope Hiland Heathen of Perth CD, RE, CGC, TDI

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    Quote Originally Posted by luvmylabs23139 View Post
    The waiting 24 hours is where he looses my vote. Anyone attempts to break in here will be sorry but I would call 911 asap. We are still allowed to shoot through a door to stop an attempted break in.
    Right ! Waiting that long says something...........maybe he is just a little short of some working brain cells anymore. Kids around here were ( I guess ) trying to scare a lady who had lost her husband. She was older but she had a gun and was willing to use it but she called LE first. Those kids just did not realize how lucky they were that she did not shoot first.
    charly

    There ought to be one day -- just one -- when there is open season on Congressmen.
    ~Will Rogers~

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    Senior Member .44 magnum's Avatar
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    I wonder if our homes were broke into eight times it would alter our mental state? Sometimes killings happen not on the last event, but a build up of frustration. I don't think it helped the matter when the girl laughed at the homeowner when his gun jammed.

    I don't think the homeowner should have been prosecuted. But that is my age talking. When I was younger I was a little more forgiving of our youth. But as I grow older I can see why the homeowner may have had reason to put an end to the break ins. Enough was enough.

    yep..this will be a hung jury if some old folks like me get on the jury.
    I don't think I smell like a brewery. I was drinking Scotch.

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    Senior Member HPL's Avatar
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    I'm with him right up to the point where he "finished off" the girl. He could have let her bleed out and I think I would have been sort of OK with that, but putting the gun under her chin and shooting her in the head is over the line. Once the threat has been neutralized, then you are no longer defending yourself, your property, or others. I have laughed at the signs that say "Trespassers will be shot, survivors will be shot again", knowing full well that the second shot would probably be illegal.
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    Quote Originally Posted by HPL View Post
    I'm with him right up to the point where he "finished off" the girl. He could have let her bleed out and I think I would have been sort of OK with that, but putting the gun under her chin and shooting her in the head is over the line. Once the threat has been neutralized, then you are no longer defending yourself, your property, or others. I have laughed at the signs that say "Trespassers will be shot, survivors will be shot again", knowing full well that the second shot would probably be illegal.
    he did the humane thing by putting her out of her misery. Had he not "finished her off", he could've been sued for everything he has to pay her medical bills, pain and suffering, and any other thing a personal injury lawyer can think of. Af least now he will be judged by a jury of his peers and at least has a chance to still keep everything he has. I am with Magnum, I would not convict him.

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