Kansas homeowner arrested for shooting two intruders.

[dutchwrangler]

"Yes officer, I feared for my life. Any further questions, please speak to my attorney."

Remember folks, anything YOU SAY (even if you're defending yourself), will be used against you as the police are not your friends. Remain silent...

 

[338Shooter]

In Oklahoma-you still have to prove to a jury that this person/intruder was in the intent of doing you bodliy harm or intented to kill you. If you put a hole threw his head and he didnt have any weapons or wasnt walking out with your property then you "could be" brought up on charges. If you dont kill him and you cant prove the harm or theift then he could sue you for the injuries while being on your property. Your going to stand trail, whether your in the right or not.

The wrong is strong with you young Padawan.

 

[Glocktogo]

Kansas is retarded, so this doesn't really surprise me.

 

[Buzzgun]

I know the Sheriff of Sumner County Kansas, I SERIOUSLY doubt that the homeowner would have been arrested if they had a choice.

 

[henschman]

Well let this be a lesson to you all... don't use birdshot or whatever the hell he used to shoot that guy in the face with that didn't kill him, and make sure anyone you shoot is dead so they can't tell the cops that they were running away when you shot them. Dead men tell no tales, and history is written by the victor.

 

[Keyser328]

Even the "running away" argument is full of weak sauce. Maybe he was running back to his buddies with guns, or going to his car to get his rifle.

Wait, learn to rob while walking backwards... Brilliant!

 

[Beck8302]

OK, sorry then for my last post, I just took my concealed carry class and this was the way it was explained to me. I like it better knowing that once they enter you have the right to fire. Thanks for the correction.

 

[11b1776]

Even the "running away" argument is full of weak sauce. Maybe he was running back to his buddies with guns, or going to his car to get his rifle.

Wait, learn to rob while walking backwards... Brilliant!

Bwaahaha!!!

 

[dru]

OK, sorry then for my last post, I just took my concealed carry class and this was the way it was explained to me. I like it better knowing that once they enter you have the right to fire. Thanks for the correction.

who in the hell did you take the class from that it was explained to you this way? Please name names so that we can all make it a point to avoid such weak-ass instruction in the future.

 

[MyMonkey]

How about some “light”; here is Oklahoma’s “Make My Day” Law. Notice paragraphs B and F.

Oklahoma Statutes Citationized
Title 21. Crimes and Punishments
Chapter 53 - Manufacture, Sale, and Wearing of Weapons
Oklahoma Firearms Act of 1971
Section 1289.25 - Physical or Deadly Force Against Intruder

A. The Legislature hereby recognizes that the citizens of the State of Oklahoma have a right to expect absolute safety within their own homes.
B. A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against the will of that person from the dwelling, residence, or occupied vehicle; and
2. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
C. The presumption set forth in subsection B of this section does not apply if:
1. The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not a protective order from domestic violence in effect or a written pretrial supervision order of no contact against that person;
2. The person or persons sought to be removed are children or grandchildren, or are otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
3. The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity.
D. A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.
E. A person who unlawfully and by force enters or attempts to enter the dwelling, residence, or occupied vehicle of another person is presumed to be doing so with the intent to commit an unlawful act involving force or violence.
F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term "criminal prosecution" includes charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.
I. The provisions of this section and the provisions of the Oklahoma Self-Defense Act, Sections 1290.1 through 1290.26 of this title, shall not be construed to require any person using a pistol pursuant to the provisions of this section to be licensed in any manner.
J. As used in this section:
1. "Dwelling" means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people;
2. "Residence" means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest; and
3. "Vehicle" means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

http://www.oscn.net/applications/oscn/DeliverDocument.asp?CiteID=69782

Oh yes!

This individual in Kansas must have shot the bad guy in the back outside the home in order for the SO to think he should be arrested. Can't figure them believing any case will survive a jury if the bad guy was inside. Even if facing away from him. Maybe it was dark.... Etc. etc...