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September 19, 2005

Another Intruder Shot

Why all states should have the "Castle Doctrine" law: From the Macon Telegraph (GA):


MACON, Ga. - A Mercer University law student shot and killed a man who broke into his home, police said.

Frederick Taylor, 21, and his companion, Adrienne Warren, 22, were in the upstairs bedroom early Sunday morning when they heard glass break, police said.

Warren stayed upstairs and called 911, while Taylor went downstairs. He saw the intruder at the bottom of the steps, said Macon police Sgt. Cornelius Pendleton.

Taylor shot and killed the intruder about four minutes after the initial 911 call was made, police spokeswoman Melanie Hofmann said. The intruder was shot in the upper torso and pronounced dead at the scene, she said.

The burglar had no identification on him and has not been identified, officials said.

The Bibb County District Attorney's office will determine whether Taylor will face charges, Hofmann said.


See this report, too. There shouldn't need to be a "determination" as to whether Taylor will face charges. The mutant clearly broke into the home. The story doesn't say whether he was armed or not but he shouldn't have been there and the fact that he broke into an occupied home means he meant to cause harm. Certainly he was a threat. But a homeowner shouldn't even need to prove that. It's his home and someone broke in. What is there to speculate about? What is there to determine? Should Taylor have waited until the mutant pulled a gun and shot at him? Sorry, that doesn't cut it with me because by the time that happens, Taylor could have been dead.

If criminals such as burglars don't want to get shot, they should find an honest, legal profession instead.

Okay, that's the tough talk. Obviously a homeowner DOES need to feel that they are actually under threat. If they yell "halt" and the intruder doesn't, that is a threat but if the mutant takes off running out of the house, then I don't think there's justification for shooting him.

Also, the homeowner needs to identify whoever has broken into their home. After all, it could be a concerned relative who hasn't heard from you in some time and is trying to determine if you are alive and well.

Florida's "Castle Doctrine", which is also being considered for Michigan, does not relieve you of ALL responsibility. It uses the "what a reasonable person would have done" clause.

My point, though, is that DAs and juries should not be allowed to second-guess someone who defends themselves when the facts indicate that the homeowner feared for his life. Taylor and his friend did phone 911 so it's obvious that they were scared of what was happening down on the first floor of their home. Once the burglar was in the home, he clearly should have heard that the home was occupied and gotten the hell out of there if he was not planning to harm anyone. Instead, he continued to the stairs even after he heard Taylor approach the top of the stairs. In my opinion, at that point Taylor was justified in shooting him.

Posted by Jeff Soyer at September 19, 2005 07:38 AM
Comments

I'm in total agreement, with one thing to add.

There needs to be a socially acceptable procedure for "finding out if everything's ok" with a friend/relative that you haven't heard from in a while. I, as you might imagine, have a proposal:

Knock on the door. Announce your presence, name and intentions. Wait for response. (Best if carried out during daylight hours.)

Deviation from this procedure (in my house, in the dark) may result in death.

All kidding aside, I will always make every effort to determine the potential prowler's identity and (best case scenario) the bad guy will run. After that, all bets are off.

I'm just glad this guy made it out alive. Now the courts just need to decide they have no reason to consider anything other than issuing a "job well done" proclamation and move on to prosecuting criminals.

Posted by: Tom at September 19, 2005 03:39 PM

I agree, except for one point: the DA is doing his/her job in making a "determination". The 911 call should be enough to show it was not a set-up/frame, but someone has to have - and use - the responsibility and authority to say so for the government.

Posted by: John Anderson at September 19, 2005 07:03 PM
Note: Comments close down on posts after seven days and then
the comment input form disappears.

Your comments are welcome. You don't need to enter a URL and you don't need a "valid" email address, either. Note though that MT Blacklist is installed to flag suspiciously spam-like strings. Unfortunately, because of the bastard spammers, the strings "google.com" and "yahoo.com" (even in your email address) are currently banned as well. So are strings such as "cialis" (a common spam) which rules out words such as "socialism". Try putting a hyphan in a word like that.

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