2nd Amendment to the Constitution of The United States of America

A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

"I ask sir, what is the militia? It is the whole people except for a few politicians."
- George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

Thursday, January 24, 2013

Columbus Man Charged in "Castle Doctrine" Shooting Death

Or actually, what he apparently thought was a Castle Doctrine defense....

Story here locally in Columbus, link to the Columbus Dispatch article...

Man shocked to be indicted for fatally shooting intruder

For now I am going to stick to the side that he was in the right until evidence is presented in trial and that the man was shot inside the home, although something tells me that if homicide detectives found no evidence that he was, that information to that affect will be presented to the jury. 

Just a reminder that the Castle Doctrine that was passed into law does not necessarily give you the right to commit murder just because somebody is in your house, you still need to show that you had a reasonable fear for your life or that of the life of another.  I have heard and read way too many people claim, even jokingly, to pull them into the house after you shoot them. Read the law folks, its not that simple.

So you got a dead guy who was 29, a bad guy for sure but unarmed, dead; and this 20 year old "kid" (as you get older you seem to apply that term to older and older people) who is now  facing not only a trial and possible 11 years (I doubt any jury will sentence him to that in this state) but also the knowledge that he has taken a life.  He probably didn't know the law other than what he had casually heard about, and may very well have been in the right, but that doesn't matter in the eyes of the court.

Gun ownership is serious business folks, never forget that fact.  Yes, they can be fun (and that is how I use them mostly, recreational and target shooting) but they are always dangerous.  Be sure you are ready to learn a bit to go along with ownership to use them responsibly with no legal backlash against yourself.  Somebody coming through your door with an ax is one thing, an unarmed man leaving is totally different, as this case shows.

Disclaimer:  I am not a lawyer, I am a gun owning citizen much like I suppose most of you are.  Its YOUR responsibility to know and follow all applicable laws and regulation for your particular state and locality.  I offer up my observations and advice as I see fit based upon my constitutional right to free speech.  This is not offered as legal advice your your use.  Again, I am not a lawyer.....although I have watched quite a few episodes of Law And Order and the movie A Few Good Men.  I did dabble in military law for a while in the S-1 shop while in the military, but that was like saying a meth head dabbles in chemistry....

5 comments:

eiaftinfo said...

Yep . . . . I suspect he's in trouble. I teach the concept of "retreat and defend" (when possible) during a home encounter. Of course, we do not have the castle doctrine in Iowa - you are obligated to reteat, even in your own home.

Sounds like a good possibility he shot him when he had already left the home. If so, the young man is in deep trouble.

And, as you said, the words about blowin' a person away if they enter my home can come mighty easy to the inexperienced - taking a life is a life-long weight, regardless the reason.

Ender said...

Huey, nice blog. first time I've posted. If you look at the story as posted by the Dispatch, the bad guy was shot in the chest. How does one get shot in the chest? Either charging someone, or turning around. The guy may have been unarmed, but the good guy most likely did not know that. Just like the good guy who shot the bad guy while getting robbed on the hilltop with his 1yr old son, the guy may have been turning around reaching for something. Who knows.

Another thing, jurists (or however its spelled) need to understand they are there to dispence justice. Not to listen to the judge, not to decide yes or no, but to decide the justice of a situation. Seems like justice was served in this case. First time I;ve hoped to be picked for the jury! That is where we citizens have the best chance to change laws and set precident.

ender said...

Humm, the story has changed. When I first read teh article, the bad guy was shot in the chest. Now they say he was shot in the back.

Huey said...

actually, jurist listen to the judge and have to follow his orders, he is responsible for ensuring that the law is carried out as it is written, he can instruct a jury to disregard testimony, strike testimony from a trial or even call a mistrial if he thinks either party did not fulfill their responsibilities to the state or the defendant.

But I digress, yes, the do decide if a defendant is guilty or innocent based on evidence presented, not personal opinions or beliefs, thats why jury selection has become such a lucrative field for lawyers in high profile cases.

You are correct, the circumstances on this have changed a couple of times in the news at various points.

thanks for the compliment on the blog. If you are on FaceBook head on over to the page...plenty of stuff to read and discuss there..link on the right column.

Huey said...

actually, jurist listen to the judge and have to follow his orders, he is responsible for ensuring that the law is carried out as it is written, he can instruct a jury to disregard testimony, strike testimony from a trial or even call a mistrial if he thinks either party did not fulfill their responsibilities to the state or the defendant.

But I digress, yes, the do decide if a defendant is guilty or innocent based on evidence presented, not personal opinions or beliefs, thats why jury selection has become such a lucrative field for lawyers in high profile cases.

You are correct, the circumstances on this have changed a couple of times in the news at various points.

thanks for the compliment on the blog. If you are on FaceBook head on over to the page...plenty of stuff to read and discuss there..link on the right column.