How much do you want to bet..

[redkow97]

Non story unless you're anti gun.

A friend of mine works in the Elyria prosecutors office. I doubt there will be charges. Civil suit; however, that's anyone's guess.

[Uncle Punk]

911 call

http://chronicle.northcoastnow.com/2012/10/19/police-elyria-resident-shoots-and-kills-alleged-burglar/

[twowheelsnake]

Wow......first logic and common sense I have seen from you in a good while. And if somebody forces themselves into my home "unwelcomed" armed or not, they just lost all their rights and I doubt it will end well for that person "either jail or body bag". Shooting first isn't my first intention, but I for sure wouldn't rule that out in a stressful situation like that. You mess with the bull, and you may get bullets.

Body bag. Corpses can't sue you for shooting them.

[magley64]

Body bag. Corpses can't sue you for shooting them.

Their family can...

[JStump]

Wow, first there were 2 shootings within 200 yards of my place last week now this. Moving my gun from the dresser to the bed and looking up new places to live right now.

Edit: actually this was further than I thought haha, but still those shootings were pretty close.

Edited October 19, 2012 by JStump

[Pokey]

Their family can...

Not in Ohio.

[Disclaimer]

"I <3 elyria", said JRMMiii trying to keep a straight face.

http://chronicle.northcoastnow.com/2012/10/19/police-release-names-details-in-overnight-shooting/

The burglar, Jeffrey Carson, 29...has an extensive criminal history including drug and breaking and entering convictions, according to court documents.

This is my sad face.

[jester3681]

Saw this, appropriate for this thread...

[hollywood3586]

http://www.msnbc.msn.com/id/49474121/ns/local_news-cleveland_oh/t/police-homeowner-shoots-kills-burglar/

More of the homeowners.. This guy was waiting for the burglar.. Awesome.

[standout]

heard there house was broken in to the night before and a $2000 television was stolen. They noticed a window was left unlocked so they figured the robber would return so they slept in the dinning room and waited. Does this change the legality of the shooting? I sure hope not because i and everyone else on this board would have done the same thing.

Also the robbers family members confronted them later that day and the police had to be called again. Saying they didn't have to blow his face off.....I lol'd

[redkow97]

heard there house was broken in to the night before and a $2000 television was stolen. They noticed a window was left unlocked so they figured the robber would return so they slept in the dinning room and waited. Does this change the legality of the shooting? I sure hope not because i and everyone else on this board would have done the same thing.

Also the robbers family members confronted them later that day and the police had to be called again. Saying they didn't have to blow his face off.....I lol'd

Not in the least. There is no duty to retreat in your own home unless the person attacking you also resides there.

The more interesting question is if I invite you in, and then 10 minutes later, how long do I have to give you to make it to the door before I start shooting at your back? I.e. when do you become a trespasser? (Sounds dumb, but this happens somewhat frequently with domestic violence gone bad. Whoever moved out during the last fight shows up drunk, and their ex is dumb enough to let them into the house/apartment. They get into a fight and the ex is told to leave, but refuses or resists. Can I use deadly force to expel someone I only recently declared as a trespasser when they were previously a guest?)

[Tonik]

Not in the least. There is no duty to retreat in your own home unless the person attacking you also resides there.

The more interesting question is if I invite you in, and then 10 minutes later, how long do I have to give you to make it to the door before I start shooting at your back? I.e. when do you become a trespasser?

You can't shoot someone in the back in that scenerio. Castle Doctrine, Stand your ground...all still require you to be fearing for your life/serious bodily harm. If I am a trespasser and I am not moving fast enough for you...unless you think I am stalling to get my gun out...you can't shoot me.

The Castle Doctrine does not give you the right to shoot someone in your home for any reason other than life/serious bodily harm. What Ohio's Castle Doctrine does is say if I do shoot you in my home it is automatically assumed it was self defense and the prosecutor has to prove otherwise. And that is a big deal, in the past you had to prove self defense, that is hard to do.

(Sounds dumb, but this happens somewhat frequently with domestic violence gone bad. Whoever moved out during the last fight shows up drunk, and their ex is dumb enough to let them into the house/apartment. They get into a fight and the ex is told to leave, but refuses or resists. Can I use deadly force to expel someone I only recently declared as a trespasser when they were previously a guest?)

Depends on the relationship. If I move out on my wife, there is no restraining order and I still own half the home I have the privilege of being there. Castle Doctrine no longer applies at all. If she shoots me she better be prepared to prove self defense.

If it is my wife/girlfriend and it is an apartment lease in her name and I come back...I probably have no right to be there. Then the Castle Doctrine applies. But she still has to have fear for life/bodily harm.

And for emphisis "Can I use deadly force to expel someone I only recently declared as a trespasser when they were previously a guest?"

You cannot use deadly force to remove anyone. You can only use it to save your life or prevent great bodily harm.

[scottb]

Garfield Hts and Maple Hts is where my parents grew up and I was born and yes its accurate it is now a complete shit hold. You know me and my views on things so I think it can go unsaid about why and who is to blame it has turned into said shithole

I lived in the "good part" of Maple Hts for a short time, near the metro park off Dunham road. Early 90's it wasn't too bad.

I won't go to the Warner Road/ Garfield BLVD side of Garfield.

Now, I am on the "good" side of Bedford, closer to Northfield. Bedford isn't too bad, yet.

I don't think the homeowner in the news story will be charged, but the homeowner my need to explain a bit more on the victem "lunged" at him.

This action might make me be "in fear for my life".

I don't think that the homeowner being near the window of a previous break in will result in any issues either.