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redkow97

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The City of Cleveland is proud to present:

Homeowner shoots and kills intruder, with criminal history of B&E.

http://www.cleveland.com/metro/index.ssf/2012/11/homeowner_fatally_shoots_intru.html#incart_river_default

I'm surprised the comments are going the way they have. When the suspect's name is released, I (or anyone else) can pull up his priors (in this county) on the court website, and see how lengthy his record actually is, along with which judge(s) he's been in front of.

I'm not so quick to assume that he was being let off with slaps on the wrist every time, but it's possible.

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I probably won't have time this afternoon, but I want to look up the case law on what happens if the intruder is unarmed, and you shoot him anyway. Preferably multiple times.

This homeowner is probably fine, so long as the story is accurate. 1) intruder had a deadly weapon. 2) homeowner fired 1 shot, so there's no argument that he kept shooting just to kill the guy, even though he was no longer a threat.

If this happens to me, I'm almost certainly squeezing off more than one round, just because it will be coming from my .22

Not sure what I'd do if an intruder was laying in my house, wounded, but alive. I suppose if he's still conscious and able to return fire, you're within your rights to continue putting holes in him until he's no longer a threat. But if he was never armed to begin with (let's pretend he said he had a gun, but was bluffing), or had a knife, and isn't a real danger now that he's not getting up, you definitely can't just execute the guy.

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Winning!

Edit, in OH with the Castle Doctrine, I don't think the intruder has to be armed, think if he is in your house and you "fear" for your life, game over. I wouldn't think twice about shooting someone if they were in my house, armed or unarmed. I'll take my chances in court if needed.

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Winning!

Edit, in OH with the Castle Doctrine, I don't think the intruder has to be armed, think if he is in your house and you "fear" for your life, game over. I wouldn't think twice about shooting someone if they were in my house, armed or unarmed. I'll take my chances in court if needed.

nobody cares what you think, dog eater

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Now Jinu, you know I would only eat Gatsby medium rare, on a charcol grill. When is he ever around that kind of stuff? Well besides at the track, and when we have our mod meet at your house this winter, but other than that....

My dog's almost 8 FYI, and is only missing 1 leg which I had to try last thanksgiving. Unfortunately, tomorrow may be a 2nd if I get hungry.

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Ohio's Castle Doctrine create the rebuttable presumption that the bad guy was there to do you deadly harm.

Rebuttable is the key word. If the prosecutor can PROVE that you knew you were safe, then castle doctrine does not apply. ie If the bad guy breaks in to your house and injures himself while doing so, and you find him on the ground unconscious, you can't shoot him. Or if the BG sees your gun, turns around with his hands behind his head and kneels down (like a cop is about to cuff him) then you can't shoot him.

Single shot to the chest of a man who broke into a house with a knife? This is the very reason Castle Doctrine exists. A man in the circumstances described should face no charges, and suffer no civil liability (as the law is written.)

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