11-year old boy shoots intruder

[jmorris]

Meth-head robbing the house threatens to kill him. Doesn't work out so well.

http://nypost.com/2016/05/01/11-year-ol ... ke-a-baby/

[WildBill]

Very weird story telling.

[SawdustBytes]

Washington Post headline:

‘He started crying like a little baby’: 11-year-old brags about shooting suspected home invader

[WTR]

I think the boy is taking the credit (blame) for a bad shoot. Story sounds coached. If the perp had robbed the house twice before, Had he been prosecuted, or was he a family acquaintance. Was Step Dad a dealer and the guy was looking for product. He was nearly off the property, not posing threat to life and was in the process of fleeing. This sounds messed up.

[Texsquatch]

I think the boy is taking the credit (blame) for a bad shoot. Story sounds coached. If the perp had robbed the house twice before, Had he been prosecuted, or was he a family acquaintance. Was Step Dad a dealer and the guy was looking for product. He was nearly off the property, not posing threat to life and was in the process of fleeing. This sounds messed up.

I didn't go that far with my suspicions, but I did think about the "what-ifs" regarding the suspect attempting to flee. If this was an adult doing the shooting, would we be expecting charges against the victim of the robbery.

[WTR]

I think the boy is taking the credit (blame) for a bad shoot. Story sounds coached. If the perp had robbed the house twice before, Had he been prosecuted, or was he a family acquaintance. Was Step Dad a dealer and the guy was looking for product. He was nearly off the property, not posing threat to life and was in the process of fleeing. This sounds messed up.

I didn't go that far with my suspicions, but I did think about the "what-ifs" regarding the suspect attempting to flee. If this was an adult doing the shooting, would we be expecting charges against the victim of the robbery.

That is exactly why I think the kid is claiming he did the shooting. I think a adult might be charged, I think a kid might be cut some slack.

[RoyGBiv]

Oops! Wrong code. Deleted.

[RoyGBiv]

If by FL this is quoting Florida Penal Code, I believe the incident occurred in Alabama.

Ha! I need to work on my reading and attention to detail.. Thanks for the catch.

[RoyGBiv]

http://alisondb.legislature.state.al.us ... coatoc.htm

Use of force in defense of premises.

(a) A person in lawful possession or control of premises, as defined in Section 13A-3-20, or a person who is licensed or privileged to be thereon, may use physical force upon another person when and to the extent that he reasonably believes it necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of a criminal trespass by the other person in or upon such premises.

(b) A person may use deadly physical force under the circumstances set forth in subsection (a) of this section only:

(1) In defense of a person, as provided in Section 13A-3-23; or

(2) When he reasonably believes it necessary to prevent the commission of arson in the first or second degree by the trespasser.
(Acts 1977, No. 607, p. 812, §620.)

Section 13A-3-26
Use of force in defense of property other than premises.

A person is justified in using physical force, other than deadly physical force, upon another person when and to the extent that he reasonably believes it to be necessary to prevent or terminate the commission or attempted commission by the other person of theft or criminal mischief with respect to property other than premises as defined in Section 13A-3-20.
(Acts 1977, No. 607, p. 812, §625.)

Reads to me like the kid could be in trouble... but.. IANAL.

[Dadtodabone]

"Picked up a 9mm handgun laying nearby." This one doesn't make the smell test.

[vjallen75]

"Picked up a 9mm handgun laying nearby." This one doesn't make the smell test.

That's suspect to me as well.

If I'm not mistaken isn't it a crime to have a readily discharge me firearm accessible to children? My questions are: why is this kid able to find a, "firearm laying around."

And to the forum: I have my gun locked at all times in a safe, to keep them away from my kids. Are you guys doing the same thing? Or do you children know where your guns are hidden (around the house) and they just know better than to touch them?

[Mike S]

If the kid had unloaded the pistol on the reported 'meth head burglar' after the burglar threatened the kid it would have been much more cut & dry under Alabama Penal Code 13A-3-23:

(a) A person is justified in using physical force upon another person in order to defend himself or herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by that other person, and he or she may use a degree of force which he or she reasonably believes to be necessary for the purpose. A person may use deadly physical force, and is legally presumed to be justified in using deadly physical force in self-defense or the defense of another person pursuant to subdivision (4), if the person reasonably believes that another person is:

(1) Using or about to use unlawful deadly physical force.

(2) Using or about to use physical force against an occupant of a dwelling while committing or attempting to commit a burglary of such dwelling.

- See more at: http://codes.lp.findlaw.com/alcode/13A/ ... x1MLb.dpuf

Not sure if they have a caveat somewhere else in their Penal Code regarding use of force/deadly force to prevent a burglar from fleeing with your property, such as in TPC 9.42.

[Mike S]

"Picked up a 9mm handgun laying nearby." This one doesn't make the smell test.

That's suspect to me as well.

If I'm not mistaken isn't it a crime to have a readily discharge me firearm accessible to children? My questions are: why is this kid able to find a, "firearm laying around."

And to the forum: I have my gun locked at all times in a safe, to keep them away from my kids. Are you guys doing the same thing? Or do you children know where your guns are hidden (around the house) and they just know better than to touch them?

You are correct as far as Texas law goes, but I'm not sure if Alabama has a similar statute.

Regarding why the kid was able to find a pistol readily available, it may have been in response to the two previous burglaries of their home the news reporter mentioned. When the threat level increases, so does a homes security posture.

[vjallen75]

You are correct as far as Texas law goes, but I'm not sure if Alabama has a similar statute.

Regarding why the kid was able to find a pistol readily available, it may have been in response to the two previous burglaries of their home the news reporter mentioned. When the threat level increases, so does a homes security posture.

I understand when the threat increases so does you attentive and readiness. I have 4 boys, 8, 10, 13, & 15, none of which have access to the firearms we have in our household. My questions come from is it better to be prepared and have a gun that available or keep them fully secure. (FYI - I keep a small safe by my night stand so it's available to my wife and I, should that be necessary)

Also, any advise is appreciated. I am new to having firearms in my household and I want to know to be prepared as possible but as safe as possible.

Thanks