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Colorado man might get charged...bad day
#1
http://www.foxnews.com/us/2016/01/26/col...cmp=hplnws

Quote:A Colorado homeowner who was tied up and robbed at gunpoint Sunday may face charges for shooting and killing the suspect who was fleeing in a stolen car, Fox 31 reported.

The unidentified homeowner, who managed somehow to untie himself after the robbery, reportedly went outside his home in Littleton and fired shots into the car at the fleeing suspect. The man in the car was reportedly identified as David Martinez, 38, who has a long criminal history of burglary, theft and drugs. Martinez crashed the car about a block later and died.

The Denver Channel reported that under the state’s Make My Day law, a homeowner is able to shoot an intruder who enters the home, but, according to one legal analyst, the law does not protect a homeowner if the shooting occurs from the porch, yard or driveway.


Honestly, if you get tied up and threatened with a gun by a dude with a mile long rap sheet.....there is no reason to charge the homeowner. They ought to give the guy a tax credit, actually.

Unless he was white and the robber was black, in which case the robber probably was just turning over a new leaf and was victimized while his hands were up and the homeowner should be prosecuted at the fullest extent of the law.
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#2
RugerGirl;172198 Wrote:http://www.foxnews.com/us/2016/01/26/col...cmp=hplnws

Quote:A Colorado homeowner who was tied up and robbed at gunpoint Sunday may face charges for shooting and killing the suspect who was fleeing in a stolen car, Fox 31 reported.

The unidentified homeowner, who managed somehow to untie himself after the robbery, reportedly went outside his home in Littleton and fired shots into the car at the fleeing suspect. The man in the car was reportedly identified as David Martinez, 38, who has a long criminal history of burglary, theft and drugs. Martinez crashed the car about a block later and died.

The Denver Channel reported that under the state’s Make My Day law, a homeowner is able to shoot an intruder who enters the home, but, according to one legal analyst, the law does not protect a homeowner if the shooting occurs from the porch, yard or driveway.


Honestly, if you get tied up and threatened with a gun by a dude with a mile long rap sheet.....there is no reason to charge the homeowner. They ought to give the guy a tax credit, actually.

Unless he was white and the robber was black, in which case the robber probably was just turning over a new leaf and was victimized while his hands were up and the homeowner should be prosecuted at the fullest extent of the law.
States are specific about gun laws. Most include the fear of life in the statute. While I understand the emotion of the home owner. The bad guy was leaving the scene in a car. Hardly an active fear of life situation. Revenge has never been part of the statute. Not only that, shooting down the street at a moving car could kill an innocent child. WE are suppose to be the good guys, protect our self, our property and our family. IN that State, the bad guy has to be inside the house, in order to used deadly force...

IN Pa, if you are threatened with deadly force in a robbery, for example, and the bad guy robs you and turns to leave ( at this point ) you can no longer defend yourself, because the bad guy is retreating.. you can't gun him down. shoot him in the back, etc. From the start of the threat, through the robbery, takes your wallet, and then makes a move to leave the scene. That's it.. Anything you do in the way of revenge, will make you also a bad guy in the eyes of the law.
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#3
EvilTwin;172199 Wrote:States are specific about gun laws. Most include the fear of life in the statute. While I understand the emotion of the home owner. The bad guy was leaving the scene in a car. Hardly an active fear of life situation. Revenge has never been part of the statute. Not only that, shooting down the street at a moving car could kill an innocent child. WE are suppose to be the good guys, protect our self, our property and our family. IN that State, the bad guy has to be inside the house, in order to used deadly force...

IN Pa, if you are threatened with deadly force in a robbery, for example, and the bad guy robs you and turns to leave ( at this point ) you can no longer defend yourself, because the bad guy is retreating.. you can't gun him down. shoot him in the back, etc. From the start of the threat, through the robbery, takes your wallet, and then makes a move to leave the scene. That's it.. Anything you do in the way of revenge, will make you also a bad guy in the eyes of the law.

I imagine that would be the case most of the time, however, I remember a case near where I live where it wasn't.

http://articles.philly.com/1995-06-03/ne...theft-ryan

Quote:D.A. Won't Charge Pharmacist For Killing Robber The Robber Said He Had A Gun. That Justified Using Deadly Force, Said Delco District Attorney Ryan.

By Wes Conard, INQUIRER CORRESPONDENT
POSTED: June 03, 1995

A Drexel Hill pharmacist who fatally shot a robber as he was fleeing the pharmacist's drugstore Wednesday will not be charged in the shooting, the Delaware County district attorney said yesterday.

Harry Mason Dunlap's statement to pharmacist Marc R. Alch that he had a gun gave Alch reason to fear for his life and use deadly force, said District Attorney William H. Ryan Jr.

Police said Dunlap, 33, told Alch that he was holding a gun inside a sock before robbing the Shadeland Pharmacy about 9 a.m. Wednesday at Garrett and Shadeland Roads.

Ryan said that Alch, 44, fired a .38-caliber revolver three times before finally hitting Dunlap in the back of the head as he was leaving the pharmacy. No weapon of Dunlap's was found at the scene, police said.

"Alch said he was afraid that Dunlap would turn and shoot at him and given the circumstances, it was reasonable to fear that might happen," Ryan said.

In general, said Ryan, once the threat of bodily injury or death has been made, crime victims are considered to be at risk, even if they are not directly threatened at the moment they use deadly force.

"Today, if anybody comes up to you and says, 'Give me your wallet,' that person is taking the risk that you are going to defend yourself and not be prosecuted afterward," said Ryan.

According to Upper Darby police, the robbery ended what police believe was a one-man crime spree that began more than 30 hours earlier.

Police suspect that Dunlap stole a car from a Ridley Park residence at 1:30 a.m. Tuesday and later that day robbed three 7-Eleven stores in Clifton Heights, Darby Borough and Southwest Philadelphia.

Police also suspect that Dunlap was responsible for two purse snatchings in Haverford on Tuesday afternoon. They said they found items from the purses in the stolen car.

Alch, of Havertown, has owned the Shadeland Pharmacy for seven years. Ryan said Alch told him that he was once held up, with a gun at his head, at a pharmacy he had worked for previously.

Reached at home by telephone, Alch's wife said her husband had no comment on Ryan's decision.

Little is known about Dunlap.

His last known address was in Glenolden, and he had been convicted for a string of minor crimes in that area over the last several years.

Most recently, Dunlap was arrested on charges of forgery and impersonating a public servant in Maple Shade, N.J., in February and on a charge of retail theft in Darby Borough in March, Ryan said.

Dunlap was also arrested on charges of receiving stolen property and theft by deception in Cherry Hill, N.J., in April, Ryan said.
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#4
STOP ENABLING VIOLENT CRIMINALS!!!!
NRA Life Member, NRA Certified Instructor:  HFS, Pistol, Rifle, PPIH,PPOH
Suarez Combat Arms Instructor School
Admit nothing.  Deny everything. Demand proof.
If we lie to the government, it's a crime. If the government lies to the people, it's called politics.
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#5
As far as I'm concerned, any bad guy in my house is fair game, back turned or not. He is in my house, and that's a threat.

He would be stupid to try to get in past my dogs, though.
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#6
RugerGirl;172217 Wrote:As far as I'm concerned, any bad guy in my house is fair game, back turned or not. He is in my house, and that's a threat.

He would be stupid to try to get in past my dogs, though.

There's a distinct difference between in your house and driving off down the street in front of your house. Generally the Castle Doctrine applies in the former, but not in the latter case.

In the former case, too, you could also say "I struck him in the back because, when he saw the gun, he turned away, but by that time I was already pulling the trigger."

Sort of like when you see the keys in the ignition too late to keep from slamming the car door Smile
gascolator, proud to be a member of pa2a.org since Nov 2012.
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#7
Pulling the trigger, whether justified or not, is a life altering event. Every means possible should be focused on defending your life, but also recognizing a real threat. There is little time in the decision making process. One of the things that I've learned over my long carry career, is that when presented with the decision to take a life ( pulling the trigger )( pulling that trigger will change your life forever ) ( not pulling that trigger when you should could be even more devastating to your family if you are dead ) is there an alternative? I know first hand that there are sometimes options.

Just some experienced perspective
Bill aka ET
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#8
Given no choice of a way out, I will choose being judged by 12 over being carried by 6 every time. I just hope I never have to face that decision making process.

Like you said, it will be a life alternating event and at least a year in court unless everything is perfectly clear cut and the DA doesn't have an agenda.


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sgtsandman, proud to be a member of pa2a.org since Nov 2014.
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#9
Here is a little mind test.
You are walking down the street, you have about 200 dollars in your pocket and are wearing a Real Rolex.
A guy come up to you and says give me your money and your watch.

What happens next?
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#10
EvilTwin;172248 Wrote:Here is a little mind test.
You are walking down the street, you have about 200 dollars in your pocket and are wearing a Real Rolex.
A guy come up to you and says give me your money and your watch.

What happens next?

Pee myself or vomit on myself? Fire two blast into the air?
[Image: picsay-1358258813.jpg]
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