Break in? Retreat?

Discussion in 'The Club House' started by rjleal, Oct 26, 2013.

  1. rjleal

    rjleal New Member

    48
    0
    0
    I meant to post this the first time I saw it but life has that nasty habit of getting in the way. This incident happened in the town I reside. I've been to the apartments mentioned before and the only way to get on the balconies is from the inside or to climb up.

    http://m.cjonline.com/news/2013-01-31/misunderstanding-leads-scuffle-involving-bat-knife

    So my question is: Thoughts on this? Concerning the incident itself and the lieutenant's statements.

    My thoughts are that he was trying to break in and the officer is full of ****. I want to be clear - I am not bashing cops, I'm not bashing this officer either, I am bashing this officer's statements.
     
  2. c3shooter

    c3shooter Administrator Staff Member

    21,328
    174
    63
    Send the officer back to the academy to learn the law of his own state.


    However, in all fairness, that is Topeka. Does not represent the rest of the state.
     

  3. rjleal

    rjleal New Member

    48
    0
    0
    Most of the officers in Topeka are decent. Sadly, the last two encounters I had with the Topeka Police Department were not pleasant at all. I'm really hoping they were just isolated instances. So when I read his statement I was just taken aback.
     
  4. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    if Snow's story is true, a good lawyer will have that officer looking for a new job. the officer was totally incorrect IMO.
     
  5. kfox75

    kfox75 Well-Known Member Supporter

    7,260
    135
    63
    Don't know the laws in Kansas, but here in NY an occupant of a dwelling has a duty to retreat if possible. Not saying it's right, but here it is the law. FWIW, I would have reacted the same way, I just would have let him get into the room before the beatdown started. In this csae, the guy had warrants out for him. If I had been the LEO, I would have to assume that his intentions were less than honest.
     
  6. c3shooter

    c3shooter Administrator Staff Member

    21,328
    174
    63
    Kfox- Kansas has a "Stand Your Ground" law. That's why I said- send him back to the Academy.
     
  7. eatmydust

    eatmydust New Member

    4,360
    0
    0
    LET'S SEE HERE . . . 1:30 am . . . man on MY 2nd floor balcony . . . breaks my window to gain entry . . . kitchen knife in back pocket . . . IT'S ON!!
     
  8. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    being it's a balcony, doesn't seem like there is much place to retreat to!:eek:
     
  9. eatmydust

    eatmydust New Member

    4,360
    0
    0
    I should have included this in my 1st post.

    We can discuss the fine points later, but 1st I'm going to do my level best to assure that I have a later, in which to discuss the details!
     
  10. c3shooter

    c3shooter Administrator Staff Member

    21,328
    174
    63


    Ummm- no. More like it's OFF!

    OFF my balcony and the very best of luck with that gravity thing....
     
  11. fupuk

    fupuk New Member

    1,672
    0
    0
    If the person was already in my house there is no reason to ask questions. I hope I never have to defend my families life with a firearm but thats why I try to go to the range every Sunday.
     
  12. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    12,818
    120
    63
    The resident became the aggressor when he followed the retreating invader outside and attacked him. I understand why the officer arrested him. No jury will convict him. Did the district attorney pursue the charge?
     
  13. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    the way i read it, and unless i'm mistaken, they were on the balcony when they were scuffling. the "intruder" came up the balcony and broke out a window? not for sure. but IMO, the officer is totally wrong.

    with a good attorney, i see the officer looking for new job. it really sounds like unlawful arrest and i would be suprised if the DA pursues it any further.
     
  14. fupuk

    fupuk New Member

    1,672
    0
    0
    Thats the way I read it also. The guy climbed to the second story balcony and broke a window to gain access to the apartment.
     
  15. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    unless i read it wrong, or misunderstood or they worded it wrong that was what i gathered as well.

    person breaking my window out, and enters my home, well,,,,,,,i'll let people draw their own conclusions on that one.
     
  16. rjleal

    rjleal New Member

    48
    0
    0
    I don't know if the DA is pursuing it, I hope not. To reiterate - the balconies are private. Accessible only from the inside of the apartments (unless you climb the side of the building).
     
  17. Axxe55

    Axxe55 The Apocalypse Is Coming.....

    7
    1
    0
    then the officer is still wrong, as it means the intruder had broken and the resident had retreated as far as he could go if they were scuffling on the balcony.