One detail missing from the discussion is the fact that the intruder wasn't in the student's home. He was in a building in the backyard. A law professor in Maryland was saying that may change the possibility of a self-defense claim, although he wasn't sure and still thought the law would side with the student.
Also, the best part of the story, at least the one from the Baltimore Sun, is when a police spokesman said he didn't have any formal training: "He wasn't a ninja."
Key distinction: kid says he was attacked. You can't stab someone who's just taking shit out of your shed, but if he goes in and says, "what are you doing!" and then the guy attacks, deadly force could be reasonable. Lucky the guy's dead so he can't testify.
Not all inaccurate wrote:
One detail missing from the discussion is the fact that the intruder wasn't in the student's home. He was in a building in the backyard. A law professor in Maryland was saying that may change the possibility of a self-defense claim, although he wasn't sure and still thought the law would side with the student.
I pointed that out in my last comment: "The confrontation in this case appears to have occurred in a completely detached garage -- not the dwelling where the student was resting comfortably with a samurai sword at his side. If the student sought out the burglar in a detached garage, when he could have called the cops and reported someone in the garage and locked himself in the house, then he may have a serious legal problem for pursuing the guy with a deadly weapon. Playing devil's advocate, one could argue that he entered the garage to protect property, not life. If that were the case, he could be charged with manslaughter."
Haji wrote:
With that said, the student was pretty dumb to investigate with a sword. I would not have investigated with anything less than a gun. You just have to assume that someone brazen enough to break into your house is carrying a gun. The kid got lucky and I hope he does not face any legal action.
That's what makes this story newsworthy. 99% of the time, the burglar is armed and shoots the homeowner. If that had happened, it wouldn't have made national headlines.
skinnyrunna wrote:
"There seems to be a noticeable increase in crime in the neighborhood," Hughes said. "I am concerned for my family's safety."
Ha, not anymore.
Whaddya mean? I live 1/2-block away and now I'm worried that all the criminals are going to be packing some serious firepower when they come to my neighborhood!
broadstreetbob wrote:
I pointed that out in my last comment: "The confrontation in this case appears to have occurred in a completely detached garage -- not the dwelling where the student was resting comfortably with a samurai sword at his side. If the student sought out the burglar in a detached garage, when he could have called the cops and reported someone in the garage and locked himself in the house, then he may have a serious legal problem for pursuing the guy with a deadly weapon. Playing devil's advocate, one could argue that he entered the garage to protect property, not life. If that were the case, he could be charged with manslaughter."
Okay, but this guy was totally in line going to check on what was happening in his garage. He heard a noise and investigated it. He took the sword for protection. If the guy lunged at him, he used the sword, he is protecting himself.
Listen, I know what you are implying, but do you really think this kid was like, "Dudes, that guy is back. Watch this, I am going to go chop his ass in half!!!"
More likely it was, "Did you hear that? John, call the police, I will check it out. I am taking this thing b/c who knows wtf is out there. Oh shit!!!! :::slice:::"
I went out for my run at 6 a.m. and when I passed the house I saw tv cameras set up. I just thought they were doing a "human interest" story on my block, not knowing what had happened five hours earlier. Maybe I need to protect myself more than I thought. Does anyone know of running shorts that come equipped with a scabbard?
Reminds me of that scene from Pulp Fiction...
Or a pit bull. Last January I parked my truck with my sled trailer in an olive garden parking lot for dinner. We were on our way back from a snowmobiling vacation so the truck was loaded with all sorts of goodies - including my pit sleeping in the back seat smothered in some jackets.
Some punks broke into the truck thinking they hit the gravey train. What they got was an imediate hospital visit and jail time. My dog ripped the holey shit out of those Mexican's. You don't need weapons... you need a dog - always alert, always there, always your guardian.
My gf has a Whooty! wrote:
Or a pit bull. Last January I parked my truck with my sled trailer in an olive garden parking lot for dinner. We were on our way back from a snowmobiling vacation so the truck was loaded with all sorts of goodies - including my pit sleeping in the back seat smothered in some jackets.
Some punks broke into the truck thinking they hit the gravey train. What they got was an imediate hospital visit and jail time. My dog ripped the holey shit out of those Mexican's. You don't need weapons... you need a dog - always alert, always there, always your guardian.
Hahahaha they got straight got pwned!!!!
I love it.
please never use that word again.
just saying dude wrote:
They are only legal in certain circumstances.
If ritualistic circumambulation resulted in a circumcised baton, could a good lawyer's circumlocution circumvent the circumstances?
My female married friend was home one day with the new baby minding her own business and three punk ass youths decided to check out the house. They rang the front bell and she of course didn't answer. Doors were locked. They ran around back and started to break in the patio door. So she stuck her husband's .30-06 out the bedroom window and told them to get the hell away, then she got excited and pulled the trigger, quite by accident. Shot one punk in the lower leg. She called 911, cops came, ambulance came and carted the punk away, patched him up, kid's ok just had (has) a limp.
Cops charge her with dangerous use of a firearm, discharging a firearm in public, attempted manslaughter and of course, this being Canada, she was convicted of said offenses. Cops said if she shot the guys AFTER they had entered the house she might have gotten off, they emphasized "MIGHT". Then there is the civil suit which was settled out of court for an undisclosed amount. They no longer live in this house.
In Canada those attempting to rob innocent members of the public are treated like the real victims. Criminals, Canada is where you wanna ply your trade as the law protects you.
Okay, but this guy was totally in line going to check on what was happening in his garage. He heard a noise and investigated it. He took the sword for protection. If the guy lunged at him, he used the sword, he is protecting himself.
Listen, I know what you are implying, but do you really think this kid was like, "Dudes, that guy is back. Watch this, I am going to go chop his ass in half!!!"
More likely it was, "Did you hear that? John, call the police, I will check it out. I am taking this thing b/c who knows wtf is out there. Oh shit!!!! :::slice:::"
lol nice recount of the situation
pnw runner wrote:
chucklz wrote:I bet he... cut classes the next day.
I doubt it, he's pretty sharp.
Not smart enough to know when to cut your losses and just get out of the house!
Manly Man wrote:
pnw runner wrote:I doubt it, he's pretty sharp.
Not smart enough to know when to cut your losses and just get out of the house!
I heard the burglar just wanted to lend him a hand.
Wrong. Unless you are in immediate danger. This student was clearly not in immediate danger. He was in a different building.
He should have called the cops and let them do what they are paid to do. Never take matters into your own hands unless you are in immediate danger, or a police officer.
The burglar wasn't in the students house. He was in a garage behind the house. Completely seperate building.
So, maybe he steals some stuff. Oh well, that's life. But, now that student is going to have to live for the rest of his life knowing he killed somebody over THEFT.
The burglar innitiated theft, but the student innitiated physical confrontation.
Call the cops and let them do their job when possible. This is what happens when you try to make a hero rather than be a hero.
In all seriousness, what do you all recommend for a weapon for home safety? I'm asking because there was a home invasion recently in my townhome complex (woman came home and found a dude in her livingroom... after which she ran out and called the cops). With a baby on the way, I feel the need to be able to protect my family if needed.
Police are not here for "after the fact". "After the fact" situations are for investigators and dectives. Police are for LAW ENFORCEMENT.
Therefore, if it is a LAW to protect your home and property, one should practice appropriate measures, such as calling the police WHEN NOT IN IMMEDIATE PHYSICAL DANGER.
From the moment he heard sounds in the garage, he should have called the cops. This is called....protecting your property.
Going into the garage and instigating confrontation is premeditated harassment.
This is what the student should have done when he heard the noise: 1) Call the police
2) Keep surveillance on the culprit until proper authority arrives(If the student was so hell-bent on confronting this guy, I'm sure he could afford the energy to follow him without his presence being known.)
3) If the burglar leaves, follow him.
4) Don't let the burglar know of your presence until authorites arrive.
The student obviously is not a professional LAW ENFORCER. That's why American police officers don't carry swords when they patrol.