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11 year old shoots burglar leaving the scene

Henry0ReillyHenry0Reilly Member Posts: 10,878 ✭✭✭
edited April 2016 in General Discussion
The boy may avoid legal trouble but I'm guessing the perp will sue.

quote:The intruder made it out the front door with a hamper in hand, which is when Gaither started firing off bullets.

As the intruder was about to jump a fence, the 11-year-old's 12th and final shot hit the bad guy in the leg.

"I shot through the hamper he was carrying," Gaither said. "it was a full metal jacket bullet. It went straight through the back of his leg. He started crying like a little baby."

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I used to recruit for the NRA until they sold us down the river (again!) in Heller v. DC. See my auctions (if any) under username henryreilly

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    fishkiller41fishkiller41 Member Posts: 50,608
    edited November -1
    A HAMPER??? Was he a panny bandit?
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    Mr. PerfectMr. Perfect Member, Moderator Posts: 66,294 ******
    edited November -1
    quote:Originally posted by fishkiller41
    A HAMPER??? Was he a panny bandit?
    apparently he was using it to gather up the stuff he was stealing.

    I applaud the young man.[:)]
    Some will die in hot pursuit
    And fiery auto crashes
    Some will die in hot pursuit
    While sifting through my ashes
    Some will fall in love with life
    And drink it from a fountain
    That is pouring like an avalanche
    Coming down the mountain
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    andrewsw16andrewsw16 Member Posts: 10,728 ✭✭✭
    edited November -1
    I sympathize with his behavior, but, in many jurisdictions he would be liable for prosecution due to the fact that the perp was running AWAY and not attacking when he got shot. We'll have to wait and see what the local DA decides.
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    shilowarshilowar Member Posts: 38,815 ✭✭✭
    edited November -1
    quote:Originally posted by andrewsw16
    I sympathize with his behavior, but, in many jurisdictions he would be liable for prosecution due to the fact that the perp was running AWAY and not attacking when he got shot. We'll have to wait and see what the local DA decides.


    Perhaps, I think any competent defense attorney should be able to argue that the boy is too young to understand the complexity of using deadly force to protect property versus being in fear for his life. The young man obviously knew right from wrong, because he recognized that the criminal was doing wrong and attempted to defend his families property. I'd think it would be difficult to obtain an indictment, and then a conviction at trial, atleast in the area where I live. Depending where it occurred I'd think the Prosecutor would likely not prosecute.
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    shilowarshilowar Member Posts: 38,815 ✭✭✭
    edited November -1
    quote:Originally posted by Henry0Reilly
    The boy may avoid legal trouble but I'm guessing the perp will sue.




    Anyone can sue, doesn't mean they will win.
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    Mr. PerfectMr. Perfect Member, Moderator Posts: 66,294 ******
    edited November -1
    quote:Originally posted by andrewsw16
    I sympathize with his behavior, but, in many jurisdictions he would be liable for prosecution due to the fact that the perp was running AWAY and not attacking when he got shot. We'll have to wait and see what the local DA decides.
    Indeed. I would think that even the most ardent anti-gunner, would appreciate that the boy "only" leg shot him (not that I condone that approach) and could sympathize with a boy defending against a much larger intruder to defend himself. Usually, when there is a disparity such as large male vs. smaller female or as in this case where an adult is pitted vs. a lad of 11, a larger amount of disparity in force for defense is warranted. I don't see charges being brought by the authorities in the kid's jurisdiction, especially if the reaction by the news reporters is any indication of the local clime.
    Some will die in hot pursuit
    And fiery auto crashes
    Some will die in hot pursuit
    While sifting through my ashes
    Some will fall in love with life
    And drink it from a fountain
    That is pouring like an avalanche
    Coming down the mountain
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    yoshmysteryoshmyster Member Posts: 21,068 ✭✭✭✭
    edited November -1
    quote:Originally posted by shilowar
    quote:Originally posted by andrewsw16
    I sympathize with his behavior, but, in many jurisdictions he would be liable for prosecution due to the fact that the perp was running AWAY and not attacking when he got shot. We'll have to wait and see what the local DA decides.


    Perhaps, I think any competent defense attorney should be able to argue that the boy is too young to understand the complexity of using deadly force to protect property versus being in fear for his life. The young man obviously knew right from wrong, because he recognized that the criminal was doing wrong and attempted to defend his families property. I'd think it would be difficult to obtain an indictment, and then a conviction at trial, atleast in the area where I live. Depending where it occurred I'd think the Prosecutor would likely not prosecute.


    This won't end well. If it goes to trial and they bring up that he didn't know enough law. Then this will bring up he's not "responsible" enough to use a fire arm. Basically a menace doling out thug life street justice. I hope he missed his game box when he shot through the hamper.
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    1BigGuy1BigGuy Member Posts: 4,033 ✭✭✭
    edited November -1
    I just can't picture any jury deciding against the kid.
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    victorj19victorj19 Member Posts: 3,642 ✭✭✭
    edited November -1
    They did a number of years ago in Pontiac MI. The kid, 11 yo or younger, used an unstocked 22 to shoot a man he didn't know (no burglary or anything). No remorse. Went to juvie until 18. Became poster child for liberals (he was too young. Supposedly rehabilitated. Liberals chipped in for an apartment, food schooling, etc. Oh, he enrolled in a junior college, etc. All was good for awhile. He eventually got caught dealing. Defense cried entrapment. Went to prison.

    Yeah it's a different situation. But a jury can convict a young boy.
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    roswellnativeroswellnative Member Posts: 10,127 ✭✭✭✭
    edited November -1
    He apprehended the criminal. But dam where did the other 11 shots go??
    Although always described as a cowboy, Roswellnative generally acts as a righter of wrongs or bodyguard of some sort, where he excels thanks to his resourcefulness and incredible gun prowesses.
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    pwilliepwillie Member Posts: 20,253 ✭✭✭
    edited November -1
    quote:Originally posted by yoshmyster
    quote:Originally posted by shilowar
    quote:Originally posted by andrewsw16
    I sympathize with his behavior, but, in many jurisdictions he would be liable for prosecution due to the fact that the perp was running AWAY and not attacking when he got shot. We'll have to wait and see what the local DA decides.


    Perhaps, I think any competent defense attorney should be able to argue that the boy is too young to understand the complexity of using deadly force to protect property versus being in fear for his life. The young man obviously knew right from wrong, because he recognized that the criminal was doing wrong and attempted to defend his families property. I'd think it would be difficult to obtain an indictment, and then a conviction at trial, atleast in the area where I live. Depending where it occurred I'd think the Prosecutor would likely not prosecute.


    This won't end well. If it goes to trial and they bring up that he didn't know enough law. Then this will bring up he's not "responsible" enough to use a fire arm. Basically a menace doling out thug life street justice. I hope he missed his game box when he shot through the hamper.
    ...not gonna happen in Talledega Al....
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    He DogHe Dog Member Posts: 50,953 ✭✭✭✭
    edited November -1
    If the burglar is no longer in the domicile and not threatening harm, in my state the kid ican be charged with assault with a deadly weapon.

    If you are going to shoot them, you have to be big enough to drag them back in, or at least hang a leg through a window.
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    LesWVaLesWVa Member Posts: 10,490 ✭✭
    edited November -1
    quote:Originally posted by andrewsw16
    I sympathize with his behavior, but, in many jurisdictions he would be liable for prosecution due to the fact that the perp was running AWAY and not attacking when he got shot.


    Not here. Breaking and entering is considered a felony..

    ?55-7-22. Civil relief for persons resisting certain criminal activities.

    (1) Is attempting to commit, committing or escaping from the commission of a felony;
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    yoshmysteryoshmyster Member Posts: 21,068 ✭✭✭✭
    edited November -1
    Now if this was closer to Christmas he could blame 24 hours of "The Christmas Story" and he though the burglar was "Black (not race) Bart". So he could plea out Hollywood made him do it.
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    spasmcreekspasmcreek Member Posts: 37,724 ✭✭✭
    edited November -1
    kid ought to get A MEDAL and newspapers full of "ATTABOY"
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