SpaceGhost Posted December 7, 2009 Report Share Posted December 7, 2009 SB184 establishes that all of these are presumed to be satisfied if someone unlawfully enters, or is attempting to enter your occupied home or car. Sec 2925.05 (B)(1) Subject to division (B)(2) of this section, a person is presumed to have acted in self defense or defense of another when using defensive force that is intended or likely to cause death or great bodily harm to another if the person against whom the defensive force is used is in the process of unlawfully and without privilege to do so entering, or has unlawfully and without privilege to do so entered, the residence or vehicle occupied by the person using the defensive force. This presumption does not apply when force is used against someone who is lawfully in your home (spouse or an invited guest). Sec 2925.05 (B) (2)(a) The presumption set forth in division (B)(1) of this section does not apply if the person against whom the defensive force is used has a right to be in, or is a lawful resident of, the residence or vehicle. This presumption does not apply to a criminal who is there illegally. (This is not a “get out of jail free” card for criminals.) Sec 2925.05 (B) (2)( (b) The presumption set forth in division (B)(1) of this section does not apply if the person who uses the defensive force uses it while in a residence or vehicle and the person is unlawfully, and without privilege to be, in that residence or vehicle. This presumption may be challenged and overcome if the prosecution can prove with a preponderance of the evidence that it should not apply. (It does not prevent the arrest and prosecutions where overwhelming evidence indicates that it was not a self-defense situation.) Sec 2925.05 (B) (3) The presumption set forth in division (B)(1) of this section is a rebuttable presumption and may be rebutted by a preponderance of the evidence. In your home or vehicle (or the vehicle of an immediate family member) you may stand your ground and exercise your right to self-defense. You have no duty to retreat. Sec. 2901.09. (B) For purposes of any section of the Revised Code that sets forth a criminal offense, a person who lawfully is in that person's residence has no duty to retreat before using force in self-defense, defense of another, or defense of that person's residence, and a person who lawfully is an occupant of that person's vehicle or who lawfully is an occupant in a vehicle owned by an immediate family member of the person has no duty to retreat before using force in self-defense or defense of another. Note that the above section does not remove a duty to retreat in a friend’s vehicle. It is important to understand that all of the above apply in your occupied home, temporary residence or vehicle, not in any other place. The following however is applicable everywhere in Ohio. A person is barred from recovering money (suing) if their injury arises from their criminal behavior, including injuries sustained by acts of the intended victim. If you injure an innocent bystander (hit by a stray bullet) you may be ordered to pay damages to that person. Sec 2307.60 (B) (2) Recovery on a claim for relief in a tort action is barred to any person or the person's legal representative if the any of the following apply: Sec 2307.60 (B) (2) © The person suffered the injury or loss for which relief is claimed in the tort action as a proximate result of the victim of conduct that, if prosecuted, would constitute a felony, a misdemeanor that is an offense of violence, an attempt to commit a felony, or an attempt to commit a misdemeanor that is an offense of violence acting against the person in self-defense, defense of another, or defense of the victim's residence, regardless of whether the person has been convicted of or pleaded guilty to or has been charged with committing the felony, the misdemeanor, or the attempt to commit the felony or misdemeanor. Division (B)(2)© of this section does not apply if the person who suffered the injury or loss, at the time of the victim's act of self-defense, defense of another, or defense of residence, was an innocent bystander who had no connection with the underlying conduct that prompted the victim's exercise of self-defense, defense of another, or defense of residence. Note: For clarity and brevity, not all applicable sections of law are quoted above. Not every situation covered in the law is outlined in this piece, and readers are strongly encouraged to read all applicable sections and seek professional legal advice to gain a better understanding of the law and how it will be applied in different situations. The bottom line is that you may defend your life, or the life of another in your residence or vehicle, and have no duty to retreat before using deadly force against an attacker or invader. A criminal may not successfully sue you for damages he sustained while committing a felony or a violent misdemeanor, including injuries sustained as a result of your intentional acts (shooting him) while engaged in self-defense. Buckeye Firearms Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted December 7, 2009 Report Share Posted December 7, 2009 I am over 15 minutes into it and what i cant believe is that the police still have not made it to the home. wtf mate? by looking at the enlarged map supplied it doesn't look like shes miles out in the boonies either. seems like the police don't arrive till 20-23 mins in. also by the sounds of it the man was lucky the dog wasn't able to get to him. rather die by gunshot then maul by dog. Quote Link to comment Share on other sites More sharing options...
Drewhop Posted December 7, 2009 Report Share Posted December 7, 2009 I am over 15 minutes into it and what i cant believe is that the police still have not made it to the home. wtf mate? by looking at the enlarged map supplied it doesn't look like shes miles out in the boonies either. seems like the police don't arrive till 20-23 mins in. also by the sounds of it the man was lucky the dog wasn't able to get to him. rather die by gunshot then maul by dog. Yeah 20-23 seems about right. I dont know response times but seems lil on the slow side. With my parents house just being broken into listening to that call was pretty freaky. I dont wish that kind of feeling on anyone. I could not imagine listening to my mother trapped and scared like that. Quote Link to comment Share on other sites More sharing options...
cinergi Posted December 7, 2009 Report Share Posted December 7, 2009 Castle Law is Castle Law. If you don't have a good attorney in Franklin County, the prosecutor will still put a hurt on you. Franklin Co prosecutor is very anti-gun, it's a damn shame. Even law-abiding citizens here seem to get the shaft. Quote Link to comment Share on other sites More sharing options...
SpaceGhost Posted December 7, 2009 Report Share Posted December 7, 2009 They Grandma in the Continent Hotel was not charged with anything. Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted December 7, 2009 Report Share Posted December 7, 2009 how the hell would you charge that women with anything did you hear her after she shot him. she was tore up! i really felt/feel for her. also if you actually listen to it, she was given the okay to protect herself/ use the gun. Quote Link to comment Share on other sites More sharing options...
RedRocket1647545505 Posted December 7, 2009 Report Share Posted December 7, 2009 because its a woman she probably won't get into trouble. with your house you can use deadly force thanks to Castle Law, but in general your not allowed to protect property just your life. You can in Texas with some stipulations. Quote Link to comment Share on other sites More sharing options...
jeffro Posted December 7, 2009 Report Share Posted December 7, 2009 15 minutes in and no cops yet? jesus christ. Quote Link to comment Share on other sites More sharing options...
John Bruh Posted December 7, 2009 Report Share Posted December 7, 2009 15 minutes in and no cops yet? jesus christ. i wish i had audio... Quote Link to comment Share on other sites More sharing options...
oh8sti Posted December 7, 2009 Report Share Posted December 7, 2009 "im keith jacksons boy!!" I dont know if i could justify shooting a guy because he is drunk and confused. But given her situation, being the only one there, she was probably terrified and confused as well. Quote Link to comment Share on other sites More sharing options...
flippy1974 Posted December 7, 2009 Report Share Posted December 7, 2009 i guess the laws can be different in other states but the 911 op says she has a right to defend her property and i dont hear the woman threaten the guy with her gun, she doesnt say anything just shoots. is she going to get in trouble? http://newsok.com/woman-shoots-and-kills-intruder-in-lincoln-county/article/3422498?custom_click=rss it said that she told him she was on the phone and was armed ! good for her , im glad she protected herself ! Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted December 7, 2009 Report Share Posted December 7, 2009 "im keith jacksons boy!!" I dont know if i could justify shooting a guy because he is drunk and confused. But given her situation, being the only one there, she was probably terrified and confused as well. yea i did feel that way too. although, when he is giving threats and trying every door to get in. hollering and pounding loudly like that on a glass door. finally using a lawn table to smash in said door. yea i think she did what she had to. i honestly believe if he had gotten to her it would not have been pretty. i truly believe she was protecting her life. also anyone listening to that can tell she did not want to shoot him but once he was able to gain access to her person she had to. Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted December 7, 2009 Report Share Posted December 7, 2009 yea i did feel that way too. although, when he is giving threats and trying every door to get in. hollering and pounding loudly like that on a glass door. finally using a lawn table to smash in said door. yea i think she did what she had to. i honestly believe if he had gotten to her it would not have been pretty. i truly believe she was protecting her life. also anyone listening to that can tell she did not want to shoot him but once he was able to gain access to her person she had to. little more info i got from another site. The man, 53-year-old Billy Dean Riley, died on the scene from a gunshot wound to the chest. It is believed that he was under the influence of drugs, alcohol, or a combination of the two. Investigators say Riley, who has about 20 years worth of alcohol and drug convictions, and his sister had been driving near the Donna’s house when Riley landed his truck in a ditch. Authorities later found his 45-year-old sister, Patricia Totty, passed out in the passenger seat of that truck – it’s believed that drugs and alcohol may have played a factor in her unconsciousness. She was transported to a hospital and is said to be in good condition. Quote Link to comment Share on other sites More sharing options...
John Bruh Posted December 7, 2009 Report Share Posted December 7, 2009 wow i just listed to the entire thing. Fucking worthless cops. they didnt even take her seriouse for like 5mins. I would of done the same thing without even thinking. Quote Link to comment Share on other sites More sharing options...
cinergi Posted December 7, 2009 Report Share Posted December 7, 2009 15 minutes in and no cops yet? jesus christ. Always said I carry a gun because a cop is too heavy. When I sold security systems, average response time was 15-25 mins. Only slightly better with a security system. Quote Link to comment Share on other sites More sharing options...
TurboTank Posted December 8, 2009 Report Share Posted December 8, 2009 wow. i feel lucky. the response time to my neighborhood is about 5 min. franklin county sheriff to. good for her seemed well adapt to the gun also. knowing were and how to use the safety in a stressed situation is awesome. shows she knows whats up. having a son in the police force probably helps lol Quote Link to comment Share on other sites More sharing options...
evan9381 Posted December 8, 2009 Report Share Posted December 8, 2009 wow. good for that woman, and tough luck for the waste of flesh she shot. i would have thought though, she could have just went to the door with the gun drawn right on him, and made it clear that she had a gun and was ready to shoot him. once again reminds me to get a handgun to keep on my lower level where i spend a good amount of time when im home Quote Link to comment Share on other sites More sharing options...
HotCarl Posted December 8, 2009 Report Share Posted December 8, 2009 Did anyone hear the son tell the mom to go make some coffee for the deputies?! WTF?! Quote Link to comment Share on other sites More sharing options...
oh8sti Posted December 8, 2009 Report Share Posted December 8, 2009 Did anyone hear the son tell the mom to go make some coffee for the deputies?! WTF?! lol whaaaaaaaaaaaaaaaaaaaaa???????? im listening to it again. Quote Link to comment Share on other sites More sharing options...
oh8sti Posted December 8, 2009 Report Share Posted December 8, 2009 just saw this.........makes me sick http://newsok.com/man-in-wheelchair-set-on-fire-in-oklahoma-city-home-invasion/article/3423240 Quote Link to comment Share on other sites More sharing options...
Spidey2721 Posted December 8, 2009 Report Share Posted December 8, 2009 just saw this.........makes me sick http://newsok.com/man-in-wheelchair-set-on-fire-in-oklahoma-city-home-invasion/article/3423240 and that my friends is why you shoot first like the lady did. Quote Link to comment Share on other sites More sharing options...
87GT Posted December 8, 2009 Report Share Posted December 8, 2009 just saw this.........makes me sick http://newsok.com/man-in-wheelchair-set-on-fire-in-oklahoma-city-home-invasion/article/3423240 and that my friends is why you shoot first like the lady did. Yes people who break into your house come with a death wish. Make sure you remove them from the gene pool before the police arrive. 1 story is easier to believe then 2 different ones. Quote Link to comment Share on other sites More sharing options...
John Bruh Posted December 9, 2009 Report Share Posted December 9, 2009 just saw this.........makes me sick http://newsok.com/man-in-wheelchair-set-on-fire-in-oklahoma-city-home-invasion/article/3423240 Wow worthless pieces of shit and that my friends is why you shoot first like the lady did. yes Yes people who break into your house come with a death wish. Make sure you remove them from the gene pool before the police arrive. 1 story is easier to believe then 2 different ones. and yes Quote Link to comment Share on other sites More sharing options...
Scotty2Hotty Posted December 10, 2009 Report Share Posted December 10, 2009 Castle Law is Castle Law. If you don't have a good attorney in Franklin County, the prosecutor will still put a hurt on you. Franklin Co prosecutor is very anti-gun, it's a damn shame. Even law-abiding citizens here seem to get the shaft. And Law Enforcement is always 100% right. Don't forget the fact that there's a select few people that have more firearm experience and training. Quote Link to comment Share on other sites More sharing options...
Clifford Automotive Posted December 10, 2009 Report Share Posted December 10, 2009 thats the other thing, if you do have to shoot someone to save your life, you better make sure you end theirs. Because you can have all kinds of bs lawsuits, but if it was correct and justified, you may only look at wrongful death and most of the time get off. Thats wrong. I posted the Castle Doctrine the day it was passed. And now I see it was posted above too! Quote Link to comment Share on other sites More sharing options...
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