OMG that's horrible! My first thought when you said he fired was that he shot too soon. But I guess not!

Linda, that's terrible. I'm really glad you don't have caller ID on that phone, though. Heaven only knows what may have happened had you gone outside. Glad all the good guys are safe!!

Your friend was very lucky. I hope he will do some target practice real soon. That is sooo scary. I'm glad DH was a Marine expert marksman--he never misses...and I hit the target at least 95% of the time.

That's scary!

Very scary.

Thank goodness he is okay and kept his wits about him. Glad he is safe!!!!

Here is a link that might be useful: Autism Awareness and Resources

WHOA!! I'm glad he's around today to tell his story and I hope they catch the other punks and throw the book at them!!

In a way, he may have been lucky that he missed the intruder. If he had shot and killed the rascal, then he would have been investigated for homicide himself. He would have had to prove that his life was in danger and that he shot in self defence. That's hard to prove beyond a shadow of doubt when the intruder is dead. But then, the intruder was fully in the house and had moved through several rooms. I know - I don't like the way the law works in some cases; it can bite at times.

What jemdandy says is unfortunately true. If an intruder is shot in the back, or as he is leaving the premisis, then it is assumed that the victim was no longer in danger.

That is just awful! Thank God your friend is okay. Last year my son's house was robbed by some kids, they cooked on his grill, drank his beer, swam in the pool then they went into the house and trashed it. They stole alot of stuff. The cops told my son that if he were home or would have come home and they were in the house and if he shot one of them, it would have been okay as long as they were in the house. I am glad he didn't come home but he is not. They did catch the kids, one went to jail because he was over 18 the others went to a juvenile facilites and now they are all sending checks to him to pay for everything. Two of the kids live right on his street. But the law in PA is you can shot someone who comes in your house to harm or rob you. The cop said he would have been entirely right to do that eventhough the kids were not armed.

Whoa, that's scary. I'm glad he was able to scare them off, I am sure that his having a weapon is what saved his life. And anyone who breaks into a home while they KNOW there's a good chance of someone being in is just begging to be shot it, and they know it. Risk-takers like that deserve no mercy because it's very safe to assume that they are prepared to take extraordinary measures to achieve their illegal objective. I would not hesitate to shoot someone like that and worry about the legalities later- being alive and possibly sued is better than being dead, period. And if they find a dead home-invader in a house in this state, it would be considered legal no matter which direction he was pointed. Even murdering baskets have occasion to turn around, so a bullet in the back would be entirely possible. He could be going to get his cohorts gun to come back and finish you off, so just because his back was turned does not mean he was leaving.

May I ask, what city was this in? And I also hope they find the other two and charge them with everything they can think of.

Unbelievable. Thank G*d he is okay after all of this.
I'm at a loss for words.

This scenario is exactly why hubby sleeps with a gun strapped to the back of the headboard, so it's within reach if someone were to get in the house. (not likely, with 10 dogs but still ... it could happen!)

I'm so glad your friend is ok and that he kept his wits about him, and was able to react quickly. I'm sure he is thankful that the neighbor kid was caught ... living right next door, this one might've decided to try again in the future! I sure hope he's the 18-year-old, or that the courts determine even at 17, that he should be tried as an adult. I can't believe he even told the cops that they were going to kill your friend!

Kansas was slow allowing concealed carry ... but once that was passed, we also passed a law similar to the "castle doctrine." You have the right to protect your home and those in your home, against threat. Period. Shoot'em frontways, shoot'em backways, it doesn't matter. You probably shouldn't shoot the whole clip into him once he's down, because that could possibly be seen as "excessive." But you can shoot him til he drops!

That is so scary! I am happy to hear he is ok!

Tisk tisk, it's all the gun's fault.

If we didn't have those evil guns, those kids wouldn't have been inclined to commit a crime, and their youthful, innocent lives wouldn't have been jeopardized by an urban cowboy.

Just in case anyone doesn't recognize that, it's sarcasm.

State laws vary greatly on how, and when, someone can use deadly force inside their home.

In some states you have an obligation to retreat before you can use deadly force.

In other states, the fact that an intruder is in your home, whether he's tried to harm you or not, is legally sufficient justification for the use of deadly force. In other words, the law presumes that the intent of an intruder in your home is to do you harm.

Georgia law provides for "no duty to retreat" and you can't be prosecuted or sued. This happened in Georgia not far from Athens but in another county.

The one they caught was 17 and asked if they were sending him to juvy and the cop told he "No, you're playing big boy games so you are going to big boy jail."

There were at least 8 police cars on the scene and they brought in tracking dogs who went straight to the house next door. DF says the man who adopted the kids is really nice and told him he would have shot too in DF's place.

He thinks they got his cell phone and the call we got that morning came from the cell phone. Could explain why he said he didn't call us.

Linda

Here is a link that might be useful: No duty to Retreat law

Having moved from Ohio to Georgia, I wasn't sure how GA handles protecting your family. Thank you so much for that link.

prove beyond a shadow of doubt

FYI--it's prove beyond a reasonable doubt.

The problem would still stand, bcs the guy was running away, so how much of a threat could he still be, but it is NOT "beyond a shadow of a doubt."

Very likely not, Talley.

Night with low illumination and an intruder in your home can make it difficult to impossible to determine which set of cheeks is facing you.

That concept is factored into the law in any number of states that apply the "castle doctine."

Numerous cases involving shootings inside the home at night, including several that have resulted in the intruder having holes in his back, have gone before district attorneys in Georgia, Florida, Texas, and other states with similar laws and have either been summarily declared justified or been no true billed by a grand jury.

About the one one I can think of that did go to a jury is one where the homeowner apparently shot the intruder, then stood over him and shot him again at close range as the individual was defenseless.

Shooting someone in the back as they flee during daylight hours is another matter, as is shooting them in the back when they're outside your home, but when night comes down and someone is in your home, the law in most states heavily favors the homeowner.

More and more states have adopted the legal standard that if someone enters your home uninvited, they have just surrendered many, if not most, of their protections and recourses under law.

Actually the first shot was with the guy standing in the bedroom doorway and was indeed a "shadow" - no doubt about it.

I think the law that applies is the "he needed killin'" law.

Linda