Homeowner charged with manslaughter for shooting at home invasion suspects: What Went Wrong?

[dennishoddy]

There was a case years ago where a homeowner in OKC chased down a vehicle that was leaving his home after a violent break in. Homeowner shot and killed the guy at a stoplight. Was not charged.
I don't know all of the details why that happened, but it was many years ago before we had the Castle Doctrine.
Always wondered how the homeowner was not charged.

 

[tou860]

So in other unless your in the home and the burglars are inside home posing a threat you can defend yourself? But if you see them fleeing from your home do not shoot at them and just try to get some sort of evidence like license plate car type and call 911....

 

[firefighterguy]

It wasn't that they were fleeing, it was that they were in their car and fleeing and didn't pose a threat any longer.

It all goes back to, " would a reasonable person believe a threat was still present"?

Andrew Branca says there are 5 criteria for a valid self defense shooting.

1. innocence
2. Imminence
3. Proportionality
4. Avoidance (duty to retreat)
5. Reasonableness

The guy in the story was fine on 1. 2 was a no and 3 was probably a yes. We could argue 4 all day so let's leave it out. 5 was a huge no.

So for a shoot to be legal you need 5/5. If you don't have 1 of the 5 you're gonna need a lawyer. This dude had 2/5 maybe 3/5.


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[Sanford]

It wasn't that they were fleeing, it was that they were in their car and fleeing and didn't pose a threat any longer.

It all goes back to, " would a reasonable person believe a threat was still present"?

Andrew Branca says there are 5 criteria for a valid self defense shooting.

1. innocence
2. Imminence
3. Proportionality
4. Avoidance (duty to retreat)
5. Reasonableness

The guy in the story was fine on 1. 2 was a no and 3 was probably a yes. We could argue 4 all day so let's leave it out. 5 was a huge no.

So for a shoot to be legal you need 5/5. If you don't have 1 of the 5 you're gonna need a lawyer. This dude had 2/5 maybe 3/5.

And if one of the people in the car is pointing a gun back as they flee the whole balance shifts back the other way?
Also doesn't #4 depends greatly on local law? I thought I remembered that in OK there was no "duty to retreat"?
Of course #5 always depends on which side of the gun one's on.

 

[cal7.62x39]

Bet they don't come back.

I bet they do... bad guys now know that firearms in this home all just got confiscated.