Homeowner executes two burglars

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
http://www.sfgate.com/news/crime/ar...urns-teen-cousin-shooting-victims-4065913.php

If I were on the jury when this went to trial I'd vote to acquit him. Sure what he did seems a bit excessive but in the heat of the moment when someone is breaking into your home I can understand why you'd use more force than you absolutely have to. I also wish the media would stop referring to the burglars he shot as victims. They were the ones who started this all and they have no one but themselves to blame for their fate.
 

dphantom

Diamond Member
Jan 14, 2005
4,763
327
126
No, the threat was over when they were wounded and incapable of further actions. That part of the shooting is probably fine. The next part where he executed the two is not. What he did was murder and is rightly being charged for it.
 

NTMBK

Lifer
Nov 14, 2011
10,269
5,134
136
http://www.sfgate.com/news/crime/ar...urns-teen-cousin-shooting-victims-4065913.php

If I were on the jury when this went to trial I'd vote to acquit him. Sure what he did seems a bit excessive but in the heat of the moment when someone is breaking into your home I can understand why you'd use more force than you absolutely have to. I also wish the media would stop referring to the burglars he shot as victims. They were the ones who started this all and they have no one but themselves to blame for their fate.

Already posted once. And while shooting them initially may have been justified, cold blooded execution certainly wasn't.
 

Jaskalas

Lifer
Jun 23, 2004
33,594
7,653
136
OT: was this shooting justified?

The... P&N topic remaining in OT handles this subject nicely. Has a poll too, which is quite useful at gauging public sentiment here. People may have been confused though, as there are two aspects to this shooting.

1: Good initial shooting
2: Bad execution following

Anyone who felt that could have voted on either side of the poll.

In regards to shooting home invaders, there's a fine line involved. We have to be careful with regards to their threat to you. Morally if not legally. The home owner admitted to executing helpless teens as they were laying on the floor wounded. That's not good, it sounds evil and sadistic.

I wonder how this would have turned out if he had simply kept his mouth shut or ended the conversation with "I shot two intruders, I feared for my life". Would anyone have doubted him then?
 

halik

Lifer
Oct 10, 2000
25,696
1
0
Direct to prison. You can use lethal force only if your life is threatened.
 

ichy

Diamond Member
Oct 5, 2006
6,940
8
81
No, the threat was over when they were wounded and incapable of further actions. That part of the shooting is probably fine. The next part where he executed the two is not. What he did was murder and is rightly being charged for it.

With 20/20 hindsight we know that they weren't a thread when he finished them off, but in the heat of the moment with fear & adrenalin pumping it might not be so easy to tell. We should err on the side of the homeowner.
 

halik

Lifer
Oct 10, 2000
25,696
1
0
With 20/20 hindsight we know that they weren't a thread when he finished them off, but in the heat of the moment with fear & adrenalin pumping it might not be so easy to tell. We should err on the side of the homeowner.

If you can't control your hormones in high stress situation, you probably shouldn't own guns for self defense in the first place. Your argument can be used to defend essentially any criminal situation; clearly a fallacy.
 
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nehalem256

Lifer
Apr 13, 2012
15,669
8
0
If you can't control your hormones in high stress situation, you probably shouldn't own guns for self defense in the first place. Your argument can be used to defend essentially any criminal situation; clearly a fallacy.

You mean except for say breaking into a guys house?
 

Retro Rob

Diamond Member
Apr 22, 2012
8,150
108
106
As forthcoming as he was, I'd say he has some serious mental issues.

"Finishing off" two burglars is very, very telling and goes well beyond self-defense. Psych eval, life in prison. Be done with it.
 

Saint Nick

Lifer
Jan 21, 2005
17,722
6
81
Sorry but I have to side with the homeowner. He does sound a little looney in the article though.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
With 20/20 hindsight we know that they weren't a thread when he finished them off, but in the heat of the moment with fear & adrenalin pumping it might not be so easy to tell. We should err on the side of the homeowner.

Fuck that, he should be in prison for the rest of his worthless life. He murdered two people in cold blood for kicks.

Smith told investigators he shot 18-year-old Haile Kifer several times as she descended a stairway into his basement, and his Mini 14 rifle jammed as he tried to shoot her again after she had tumbled down the steps.

Though Kifer was "already hurting," she let out a short laugh, Smith told investigators. He then pulled out his .22-caliber revolver and shot her several times in the chest, according to the complaint.

After shooting her with both the Mini 14 and the .22-caliber revolver, he dragged her next to Brady. With her still gasping for air, he fired a shot under her chin "up into the cranium," the complaint says.

Yea, that is murder. Plain and simple. If you defend him, you are human garbage.
 
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brandonb

Diamond Member
Oct 17, 2006
3,731
2
0
Little Falls is about 20 minutes from me. Unfortunately it's in the next county over so I'd never end up on the Jury. I'd acquit.

He was robbed not even a month ago, and apparently these teenager robbers are known for stealing prescription drugs. Oh noes! Drug addicts robbing people.

Burglary of a house should result in death. Too many times it ends up with a child being kidnapped, people being killed while they sleep, women and girls being tied up and raped. No, kill on sight for anybody who does it. The only way to fix the problem.
 

Genx87

Lifer
Apr 8, 2002
41,095
513
126
I think what will do him in is his statements about wanting them dead and the execution style in which he did it after they were injured. I would also say not calling the police wont help his case.

These two kids sound like they are a couple of shitbags. So I wont lose sleep over them going to the way of a dodo. But there are lines that cant be crossed. Shoot to kill but if you disable the intruder it doesnt give you the right to execute them.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
Little Falls is about 20 minutes from me. Unfortunately it's in the next county over so I'd never end up on the Jury. I'd acquit.

He was robbed not even a month ago, and apparently these teenager robbers are known for stealing prescription drugs. Oh noes! Drug addicts robbing people.

Burglary of a house should result in death. Too many times it ends up with a child being kidnapped, people being killed while they sleep, women and girls being tied up and raped. No, kill on sight for anybody who does it. The only way to fix the problem.

Man, some people really get the rocks off on the idea of shooting someone, sorry about your poor education and upbringing that resulted in that.
 

lotus503

Diamond Member
Feb 12, 2005
6,502
1
76
Little Falls is about 20 minutes from me. Unfortunately it's in the next county over so I'd never end up on the Jury. I'd acquit.

He was robbed not even a month ago, and apparently these teenager robbers are known for stealing prescription drugs. Oh noes! Drug addicts robbing people.

Burglary of a house should result in death. Too many times it ends up with a child being kidnapped, people being killed while they sleep, women and girls being tied up and raped. No, kill on sight for anybody who does it. The only way to fix the problem.

Good thing the law is more sensible than you.
 

CitizenKain

Diamond Member
Jul 6, 2000
4,480
14
76
They weren't real people, they were drug-addicted criminals.

Quite possibly the dumbest thing I've read in a longtime. Spidey hasn't posted yet, so I'm sure he'll be able to top that, but for now be proud in your ignorance.

He murders two kids and you are excited for it, typical for someone like you I guess.
 

(sic)Klown12

Senior member
Nov 27, 2010
572
0
76
Link? I thought the only exception was rape.

Texas had an extension added to our Castle Doctrine back in 2007 that allowed for lethal force to stop any felony. I'm still looking for a link to an official website but you can use Google to see it being mentioned in various articles.

As for this case, the homeowner went too far. I understand that he probably wasn't thinking clearly but it's still no excuse for executing someone.
 

OutHouse

Lifer
Jun 5, 2000
36,413
616
126
Link? I thought the only exception was rape.

check your state laws. here is Colorado's, just by breaking into a dwelling you can use deadly force.

Colorado Castle Doctrine.
http://civilliberty.about.com/od/gun...ntrol-Laws.htm

Quote:
Castle Doctrine

Colorado has a castle law. The statute states that “any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.”
 
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