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-   -   UT: Homeowner fatally shoots intruder (http://www.firearmstalk.com/forums/f12/ut-homeowner-fatally-shoots-intruder-59161/)

Overkill0084 03-01-2012 01:22 PM

UT: Homeowner fatally shoots intruder
 
http://www.ksl.com/?nid=148&sid=19419913&title=homeowner-fatally-shoots-intruder&s_cid=featured-1

Quote:

SPRINGVILLE A homeowner fatally shot a would-be robber who broke into his house in Springville early Thursday morning. The intruder apparently stopped for a snack in the kitchen before going upstairs to threaten the home's residents.

Springville police responded to a call of a home invasion robbery at 2:48 a.m. in the area of 800 South and 475 East. When officers arrived they found the suspect had been fatally shot.
The quote that jumps out at me:

Quote:

It's unclear if the residents actually saw the man's gun.
It's a home invasion/ attempted robbery. As I understand things, simply implying that you have a gun is enough. For instance: the finger in the pocket gimmick. Oh well, game over for one more douchebag.

Mason609 03-01-2012 01:46 PM

Quote:

Originally Posted by Overkill0084 (Post 725096)
http://www.ksl.com/?nid=148&sid=19419913&title=homeowner-fatally-shoots-intruder&s_cid=featured-1



The quote that jumps out at me:



It's a home invasion/ attempted robbery. As I understand things, simply implying that you have a gun is enough. For instance: the finger in the pocket gimmick. Oh well, game over for one more douchebag.


Apparently this douche tried 20 other homes and cars before settling on that home. To me, that says premeditation. But, then again, I'm not a LEO nor am I a Lawyer.

Plus, aren't there some states that will charge you for armed robbery even if it's only a toy gun?

c3shooter 03-01-2012 01:54 PM

Laws vary GREATLY state-to-state. In general, the difference between theft (unlawful taking) and robbery (unlawful taking by force or threat of violence) is that the victim of a robbery is in fear of harm.

In Virginia, what happened in Utah would be burglary of a dwelling in the nightime- a class 3 felony. Do it with a deadly weapon, class 2 felony. Breaking and entering (burglary) is a separate crime from simple theft or robbery.

However, I would not expect anyone that finds a stranger in their house in the wee hours of the morning to be a legal scholar- I would consider their presence to be a threat to the well being of self and family.

Soliferrum 03-01-2012 02:11 PM

oh well, when is the court date for the home owner? dosent matter, you think he'll get 5 or 10 for manslaughter?

theropinfool 03-01-2012 02:19 PM

Quote:

Originally Posted by Soliferrum
oh well, when is the court date for the home owner? dosent matter, you think he'll get 5 or 10 for manslaughter?

No way. Utah man! You break in here we'll kill ya. Ain't so sh!t about it!

Soliferrum 03-01-2012 02:27 PM

Quote:

Originally Posted by theropinfool (Post 725134)
No way. Utah man! You break in here we'll kill ya. Ain't so sh!t about it!

oohrah ropin, but i hear this alot, yet i continue to read such articles in the paper as "rulling in courts case of violent ex-marine who gunned down innocent cat burglar with anti-tank pistol."

downsouth 03-01-2012 02:29 PM

1 Attachment(s)
Quote:

Originally Posted by Soliferrum
oh well, when is the court date for the home owner? dosent matter, you think he'll get 5 or 10 for manslaughter?

Even though Utah does't show being a castle doc state, I don't think this home owner will see the inside of a courtroom. Could be wrong.


Attachment 40389

Mason609 03-01-2012 02:31 PM

Quote:

Originally Posted by downsouth (Post 725147)
Even though Utah does't show being a castle doc state, I don't think this home owner will see the inside of a courtroom. Could be wrong.


Attachment 40389

You can have Castle Laws, and not be a Castle Doctrine state. Mine is like that.

Soliferrum 03-01-2012 02:32 PM

as a side note: thank god all the states worth living in have good gun laws.

Bear304inc 03-01-2012 03:07 PM

Good for him, No telling what was going to happen after he drove theBG to the atm. Although a very regretable situation he did what was necessary to keep his family safe.


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