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What is going to happen today? UPDATE 2
select-fire
Member Posts: 69,453 ✭✭✭✭
I got a call last night around 10PM. There has been a shooting at my rental property. Law has come and gone. My Tenants girlfriend calls him and leaves a message on the answering machine her brother is on his way to do my Tenant harm. He is not home YET. Then the excitement begins after he comes home listens to the answer machine.. her brother shows up. Here are the facts:
1. Brother comes to home to do Tenant harm. Tenant opens up front door and ask brother to leave . Words are exchanged and brother will not leave and tells tenant he is going to kick his butt.
2. Tenant then pulls his Astra .38 and tells the brother to leave. He does not leave but tells the tenant.. OK.. then go ahead and shoot me..
3. Tenant then discharges weapon to the side of brother who is outside on the porch.
4. Brother lunges forward and a scuffle occurs THRU the open front door and into the home. Brother ends up on the floor and bangs his head on a piece of furniture. He then crawls on all fours out the door. The tenant then is standing outside while he crawls by.
Law came back and Tenant writes a statement. He did not state in the statement he pointed the weapon at the brother BUT did tell the Officer he did point it when he arrived the first time. Officer also wrote his statement to give to the Detectives today. The Brother is the one that called the Law..
What do you think will happen???
1. Brother comes to home to do Tenant harm. Tenant opens up front door and ask brother to leave . Words are exchanged and brother will not leave and tells tenant he is going to kick his butt.
2. Tenant then pulls his Astra .38 and tells the brother to leave. He does not leave but tells the tenant.. OK.. then go ahead and shoot me..
3. Tenant then discharges weapon to the side of brother who is outside on the porch.
4. Brother lunges forward and a scuffle occurs THRU the open front door and into the home. Brother ends up on the floor and bangs his head on a piece of furniture. He then crawls on all fours out the door. The tenant then is standing outside while he crawls by.
Law came back and Tenant writes a statement. He did not state in the statement he pointed the weapon at the brother BUT did tell the Officer he did point it when he arrived the first time. Officer also wrote his statement to give to the Detectives today. The Brother is the one that called the Law..
What do you think will happen???
Comments
Serves them right
recommend starting eviction procedure on whatever basis you can immediately.
quote:Originally posted by select-fire
Dano, on who.. the brother or the tenant? Bullet went outside into the ground. laserus, tenant has a good job .. I spoke with Officer while the tenant was inside writing his report. Officer said it was 50/50 whether he would be arrested. I ask him what the charge would be? Officer said banishing and Pointing a deadly weapon. Lexan.. don't quit your day job [:o)]
Tenant could / would be charged with agg. assault. Anytime you possess a fiream, point it at, or in the direction of another, and then discharge it....you got some "splaining" to do......specially if your life wasn't in jeopardy.
Tenant (Select)
quote:He does not leave but tells the tenant.. OK.. then go ahead and shoot me..
...what NOT to say to scared individual with a gun...[:D]
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If brother had broken into the house to do battery coupled with the verbal threats on the answering machine, tenant could defend himself with up to deadly force.
Tenant is not really smart is he?
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
Show up at MY house..stand on MY front porch..Threaten Me...and the universal accepted wisdom is to run inside, hide under the bed, and call in the mercenaries.
Okay.
Use the existing system to solve the problem and you retain your freedom.
Or you can think with your little head, and do the "manly" thing and end up in jail.
A "no brainier" decision.
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
That's got to be the next most stupid string of words
an idiot ever strung ... except for, "But you promised
me you were 18"!!!
Shows exactly how far this 'culture' has fallen .
Show up at MY house..stand on MY front porch..Threaten Me...and the universal accepted wisdom is to run inside, hide under the bed, and call in the mercenaries.
Okay.
What Highball said.
If the brother threatened to break the door down and kill the tenant, the tenant was in reasonable fear for his life.
If the brother has threatened the tenants life before or at the time of the shooting, the the tenant is in reasonable fear for his life. If the brother has a habit of carrying guns with him, or has threatened the tenant with grave * harm in the past, the tenant could reasonably be in fear for his life.
A good lawyer would make shooting from the house look like a perfectly legal and reasonable response to a threat from someone who was breaking into the home to kill the resident.
And Dano you didn't even stir the pot even once! Lost your touch in your old age?
Margaret Thatcher
"There are three kinds of lies: lies, damned lies and statistics."
Mark Twain
Was pointing out how atitudes are and HAVE changed...
Some things we do not know here, as far as the gun is concerned.
Was 'brother' 6'4", 245 lbs...and tenet 5'5"...? Naturally putting little guy in fear of his life....was tenet frail...weakly ? Are we now obliged to allow a beating at others whim...?
From My viewpoint...walking up on a guys' OWN porch and threatening to whip him..then disobeying a direct order to LEAVE...THAT ORDER, BY THE WAY...CARRIES MORE WEIGHT THEN A POLICE OFFICERS ORDER..or would, in a free country...is a direct invitation to be shot.
ANti-Gunners find things like this offensive...? As do many of you...? I have a suggestion..Stay the hell off my porch..and don't threaten me on it.
A little different scenario, but one of my brothers went to prison for a few years, for firing a "warning" shot into the ground.
Ditto that. I don't know where you guys live but in this state a SWAT squad would've sealed off the neighborhood and everyone involved would have gone to jail and been held. I can't even imagine firing a gun, having the police come and take statements and leave without making an arrest.
This was part of the response to a domestic disturbance call in Canton, CT yesterday. And a gun was not involved.
I have a question to LEO's ?? The tenants voluntary statement had a place to sign as a witness or have it notorized. The Officer had him write this statement IN THE HOME... and it was not notorized or signed where it said witness. Was the statement legal?
UPDATE: Tenant just called me and said the matter would be dropped from the District Attorney's office. The Detective would not elaborate any more...
I have a question to LEO's ?? The tenants voluntary statement had a place to sign as a witness or have it notorized. The Officer had him write this statement IN THE HOME... and it was not notorized or signed where it said witness. Was the statement legal?
I assume you are glad your tennant is not being arrested???...just trying to understand why you are wondering about his statement...
I got a call last night around 10PM. There has been a shooting at my rental property. Law has come and gone. My Tenants girlfriend calls him and leaves a message on the answering machine her brother is on his way to do my Tenant harm. He is not home YET. Then the excitement begins after he comes home listens to the answer machine.. her brother shows up. Here are the facts:
1. Brother comes to home to do Tenant harm. Tenant opens up front door and ask brother to leave . Words are exchanged and brother will not leave and tells tenant he is going to kick his butt.
2. Tenant then pulls his Astra .38 and tells the brother to leave. He does not leave but tells the tenant.. OK.. then go ahead and shoot me..
3. Tenant then discharges weapon to the side of brother who is outside on the porch.
4. Brother lunges forward and a scuffle occurs THRU the open front door and into the home. Brother ends up on the floor and bangs his head on a piece of furniture. He then crawls on all fours out the door. The tenant then is standing outside while he crawls by.
Law came back and Tenant writes a statement. He did not state in the statement he pointed the weapon at the brother BUT did tell the Officer he did point it when he arrived the first time. Officer also wrote his statement to give to the Detectives today. The Brother is the one that called the Law..
What do you think will happen???
He should have invited him in shot him dead run outside and kicked his own door in and told the police the dead guy did it. He has his girlfriends phone message stating the brothers intent and bingo instant proof of self defense
It sure ain't reason in this state..[;)] BTW.. again I will state the party was outside on the porch..
Tenant is 5'9" and probably goes 165# and is 40 years old. Brother was 5'9" 135# and 22 years old.More to the story tonight... Tenant has not been arrested YET. He needs and told Detective today he had a witness... another neighbor, who actually told me he took the gun away from my Tenant after the brother left. He said the Tenant was walking around outside with the gun. The tenant actually told me the brother was on the porch against the front door when he opened the front door. Tenant put the gun against the brothers forehead with the hammer cocked !! and then turned it away 12" or so and fired it. Brother may have hearing damage... I look for the tenant to be arrested tomorrow after the others so called witness tenant gives a statement. So called witness tenant is the one who called me when it happened. He said he saw nothing till the brother left in the truck..
Younger or older brother and if older how much so. Maybe the tenant needed as azzkicking.[}:)][}:)]