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Post subject: Home invader killed by resident in CA
Post Posted: Thu Jan 26, 2012 2:11 pm
Dana Point homeowner fatally shoots burglar in house

The incident is pretty much cut and dried. However a quote by a spokesman for the Orange County Sheriff's Department has caused some debate on another forum.

Quote:
"The homeowner heard some noises inside his home, checked around initially, did not see anything. Went back into his bedroom, heard some more noises," said Jim Amormino, spokesman for the Orange County Sheriff's Department.

Investigators say the resident then armed himself with a handgun and opened his bedroom door, where the suspected burglar confronted him.
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"The law reads that at some point you have to show that you're in fear of your life and that you were in danger," said Amormino. "That part is still under investigation."


From: The California Penal Code

Quote:
197. Homicide is also justifiable when committed by any person in
any of the following cases:
1. When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person; or,
2. When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous or tumultuous manner, to enter
the habitation of another for the purpose of offering violence to any person therein; or,
3. When committed in the lawful defense of such person, or of a wife or husband, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent
danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was
committed; or,
4. When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.


198. A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable
person, and the party killing must have acted under the influence of such fears alone.

AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
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Post subject: Re: Home invader killed by resident in CA
Post Posted: Fri Jan 27, 2012 11:15 am
did i hear it right, ..in the vid report, that they "think" the perp was hit at least once, ....then later say he was found dead in the yard..

wow - brilliant reporting :lol:

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Post subject: Re: Home invader killed by resident in CA
Post Posted: Fri Jan 27, 2012 4:48 pm
WileyCoyote wrote:
did i hear it right, ..in the vid report, that they "think" the perp was hit at least once, ....then later say he was found dead in the yard..

wow - brilliant reporting :lol:


Well ------ He could have died of fright. :roll:

A probable scenario for the reporter if they saw a gun pointed at them. :wink:

AlanM
There are no dangerous weapons; there are only dangerous men. - RAH
Four boxes to be used in defense of liberty: soap, ballot, jury, ammo - use in that order.
If you aren't part of the solution, then you obviously weren't properly dissolved.
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Joined: Fri Jul 24, 2009 10:02 am
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