Intruder fatally shot during struggle with resident

[Fire_Medic_Dave]

A Tokay Drive resident fatally shot a man who broke into his house Saturday night, police said Sunday. The names of the resident and the victim were not immediately available.

The incident happened about 8:30 p.m. at 593 Tokay Drive, according to a Fayetteville police news release. The resident entered his house and found the intruder inside, the release said.

The resident pulled out a pistol he was carrying and began struggling with the intruder, the release said.

The gun fired during the struggle, and the intruder ran out of the house, the release said.


http://www.fayobserver.com/article?id=316181

David

[Fire_Medic_Dave]

1. I should add Fayetteville is where Ft. Bragg is.

[WVRICK13]

2. Good Job

keep cleaning the scum out of society. If anyone breaks sinto my house I won't stop shooting until I am out of bullets.

[ManiacJoe]

3. While the feeling is understandable,

that game plan is a poor one from the legal point of view in most jurisdictions.

[spin]

4. A lot depends on where you live. Florida, for example...

Former NRA President Marion Hammer recently joined the Center’s Corporate Counsel, Renee Giachino, to explain Florida’s new “Castle Doctrine” law and address the great deal of erroneous information that has been written, published and spoken about the law.

**********snip*************

GIACHINO: One thing that is a little bit confusing – well, actually a lot of things are confusing about this law, particularly because of the misinformation that is being given by the Brady group, but one thing that confused me, and I read the law several times myself and would consider myself qualified to read it and understand it with my legal background, but nonetheless someone who is retreating, a perpetrator who is retreating, what happens then? If they had entered the person’s home unlawfully and the person felt that their life or someone in their family’s life was in danger, even if at some point the perpetrator turns to retreat, if deadly force is used against them would this law still apply?

HAMMER: The law is designed to allow you to use deadly force against an individual who breaks into your home. If someone turns around, you have no way of knowing whether or not they are retreating or whether or not they are going for a gun or something else. So yes, if someone breaks into your home they are at your mercy. Once they get outside your home – if they turn around and run and get outside your home, then you cannot take action against them.
http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/marion-hammer-nra-interview.htm

The homeowner in the story is not being charged:

Fayetteville, N.C. — Police said Thursday that a homeowner who shot and killed an intruder last weekend wouldn't face criminal charges.

Jerry Riley, 54, of 593 Tokay Drive, said a stranger confronted him as he entered his home Saturday night. Riley said he pulled a handgun on the intruder, and the two men then struggled over the gun.

The gun went off, and the intruder took the pistol and ran out of the house, police said.
http://www.wral.com/news/news_briefs/story/4381555/

edited for formatting

[iverglas]

7. so what "erroneous information" was this supposedly addressing??

The interpretation quoted is *almost* correct:

"So yes, if someone breaks into your home they are at your mercy."

The person need not have actually broken into the home, of course.

Why would anyone bother with an erroneous interpretation of the Florida statute when the thing itself is so egregiously rotten?

[spin]

11. As the article says...

There are some folks who would like us to believe that the Wild, Wild West now starts in the Sunshine State. According to the news media, when Governor Jeb Bush signed the “Castle Doctrine” into law last spring, with an effective date of October 1, 2005, Florida’s new moniker became the “Gun shine State.” The Brady Campaign to Prevent Gun Violence has perpetuated the nonsense and lies, warning tourists that Florida streets are not safe because citizens can take the law into their own hands..
http://www.cfif.org/htdocs/freedomline/current/in_our_opinion/marion-hammer-nra-interview.htm

Every time Florida passes a new gun law, the media and and the anti-gun groups go into overdrive and predict the end of civilized life as we know it in Florida. Newspapers are filled with editorials stating the dire consequences that will occur if the law goes into effect.

Well Floridians can legally carry a firearm in their car as long as it is securely encased. If they have a concealed carry permit, they can carry the weapon in public. With that permit, they can leave the firearm in their car while in the company parking lot while at work (in most places). A person can legally shoot an intruder in their house without a duty to retreat. With the carry permit, they don't even have to retreat if attacked on the street.

According to all the anti-gun hyperbole, Florida should have numerous daily shootouts at traffic lights and gunfights in the streets day and night. We should also have frequent incidents where angry workers run to their car to grab their gun and return to the workplace to shoot co-workers. And of course we should many murders where angry people claim that the person they shot was an intruder or that they thought he was.

Funeral homes should be one of the biggest businesses in the state with all the bodies arriving hour after hour, day after day.

And of course, the violence will be so high that tourists from other states and the rest of the world will be terrified to come to Florida. The tourist economy will totally collapse.

Well, strangely enough, none of these things have happened.

Yes, we do still have tragic accidents, murders, crime and drug related gun violence. Merely allowing honest citizens to own and carry weapons is not the ultimate solution to violence in society. The problem is far more complicated for any one solution to work. Overall, the pro-gun laws in Florida have helped to some degree and they have definitely saved many innocent lives. Perhaps that's why so many states implement laws similar to Florida.

And the laws stay in effect because overall they are considered successful.

And the tourists keep coming to Florida to enjoy their vacations.

And by the way the Wild, Wild West wasn't all that wild. An armed society is a polite society.

[iverglas]

6. cleaning the scum

Yes, wouldn't it be nice if we could do that.

People who refer to the deaths of other human beings in this manner would be high on my own list, I have to say.

[iverglas]

5. so I guess the one thing all these gory tales are telling us

is that the proliferation of firearms in residences in the US isn't actually deterring breaking and entering ...

[Fire_Medic_Dave]

8. I think it will deter the criminal in this story.

[iverglas]

9. yeah, Dave

The individual was obviously deterred. That's why he engaged in breaking and entering ... because he was deterred from doing it ...

Needing a dictionary again?

[Fire_Medic_Dave]

10. You'll notice the word will in my statement, not the word was.

You see the word will in this context means that he will be deterred in the future. Is that simple enough for you?

David

[iverglas]

12. and you'll notice the word "isn't" in mine

So I guess you meant to reply to someone else.

[Fire_Medic_Dave]

15. The word "isn't" is not in post #9, you seem to have confused yourself.

[Statistical]

14. Burglary rate has fallen 21% in last decade.

918 per 100,000 persons in 1997
722 per 100,000 persons in 2007

Per FBI Uniform Crime Report.

[slackmaster]

13. Tragic waste of life

Breaking into peoples' homes is not a smart thing to do.

The man, believed to be the intruder, apparently called friends for help instead of dialing 911, the police spokesman said.

Another bad decision on his part.