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11 year old shoots burglar leaving the scene
Henry0Reilly
Member Posts: 10,878 ✭✭✭
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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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."
Source link
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
Comments
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.[:)]
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
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.
The boy may avoid legal trouble but I'm guessing the perp will sue.
Anyone can sue, doesn't mean they will win.
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.
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
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.
Yeah it's a different situation. But a jury can convict a young boy.
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....
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.
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;