UT: Homeowner fatally shoots intruder

Discussion in 'The Club House' started by Overkill0084, Mar 1, 2012.

  1. Overkill0084

    Overkill0084 Active Member

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    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.
     
  2. Mason609

    Mason609 Active Member

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    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?
     

  3. c3shooter

    c3shooter Administrator Staff Member

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    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.
     
  4. Soliferrum

    Soliferrum New Member

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

    theropinfool New Member

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

    Soliferrum New Member

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    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."
     
  7. downsouth

    downsouth New Member

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    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.


    downloadfile-12.jpeg
     
  8. Mason609

    Mason609 Active Member

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

    Soliferrum New Member

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    as a side note: thank god all the states worth living in have good gun laws.
     
  10. Bear304inc

    Bear304inc New Member

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    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.
     
  11. Overkill0084

    Overkill0084 Active Member

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    FWIW from Wikipedia:

    Utah
    Utah has historically adhered to the principles of "stand your ground" without the need to resort to new legislation. The use of deadly force to defend persons on one's own property is specifically permitted by Utah state law. The law specifically states that a person does not have a duty to retreat[32] from a place where they have lawfully entered or remained.

    http://en.wikipedia.org/wiki/Castle_Doctrine#cite_ref-9

    From what I have seen, the homeowner has nothing to worry about if the current facts are correct and there was nothing funny going on.