NY: Classic castle doctrine exercise, sad but...

[seamusTX]

In Buffalo, New York, a man who was reportedly intoxicated broke into an occupied residence late at night. The homeowner fatally shot him with a rifle. The homeowner was no-billed.

"He was a very nice man," the prosecutor said of [the intruder]. "He was well-liked, well-respected. There's no criminal record whatsoever. It's terrible and tragic that he was killed but under the law, this was a justified shooting."

"A homeowner is permitted to use deadly physical force in response to what he or she believes to be a legitimate burglar,..."

http://www.timesunion.com/AspStories/st ... yID=930023" onclick="window.open(this.href);return false;

I don't know what a legitimate burglar is, but you can understand what the prosecutor meant.

- Jim

[aaangel]

legitimate burglar,..."

hmmm that got me thinking also! maybe he has to announce to the homeowner that he's a burglar?

[TxRVer]

According to Merriam-Webster, burglary is the act of breaking and entering in order to commit a crime. By that definition, a drunk who enters the wrong house by accident, isn't a burglar. As the home owner you have no way of distinguishing between the "legitimate" burglar and the drunk. It's a shame people don't look after the drunks that leave their homes.

[seamusTX]

It's a shame people don't look after the drunks that leave their homes.

I can see a lawsuit there.

People shouldn't get drunk, of course. If they do, they should sleep it off somewhere safe. If they want to wander the streets, a friend shouldn't let a friend walk drunk.

Freedom. Responsibility. Pick any two.

- Jim

[bdickens]

I may have been drunk once but I never tried to get through the wrong door.

[seamusTX]

Lucky that.

There is an extremely dangerous degree of intoxication where the person is too far gone to exercise sound judgment but not far enough to fall over backward and stay out of harm's way.

- Jim

[WildBill]

I may have been drunk once but I never tried to get through the wrong door.

In an apartment complex where I used to live, I have seen a couple people who went to a party, got drunk, were not able to find the right apartment, and went banging on the wrong door. Fortunately no one was shot because of it.

[seniorshooteress]

Living in a NY apartment and having a stranger come thru your door, I think it is automatically assumed they aren't there to borrow a cup of sugar. This is City profiling I guess. There are three places I won't live, NY city , California and Chicago.

[UpTheIrons]

There is an extremely dangerous degree of intoxication where the person is too far gone to exercise sound judgment but not far enough to fall over backward and stay out of harm's way.

Anybody remember when Rip Torn broke into a bank a few months ago because he "thought it was his home"?

I linked this one because the mugshot says it all:
http://technorati.com/entertainment/art ... ank-drunk/

[Excaliber]

Living in a NY apartment and having a stranger come thru your door, I think it is automatically assumed they aren't there to borrow a cup of sugar. This is City profiling I guess. There are three places I won't live, NY city , California and Chicago.

You might consider adding the federal safe haven known as Washington DC.

[seamusTX]

Fortunately, nothing bad ever happens in Texas City:
http://www.texaschlforum.com/viewtopic.php?f=83&t=33629" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=32798" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=31763" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=30649" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=29583" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=29077" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=28257" onclick="window.open(this.href);return false;

Be safe out there.

- Jim

[gigag04]

This happens more than you think - even in TX.

They get charged with CT of a hab.

[seamusTX]

They get charged with CT of a hab.

If they survive.

I can almost see a drunk rattling the doorknob, trying his keys, or yelling because he thinks its his own house. Busting down the door is excessive and would widely be seen as a justification for use of deadly force.

- Jim

[seniorshooteress]

Fortunately, nothing bad ever happens in Texas City:
http://www.texaschlforum.com/viewtopic.php?f=83&t=33629" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=32798" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=31763" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=30649" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=29583" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=29077" onclick="window.open(this.href);return false;
http://www.texaschlforum.com/viewtopic.php?f=83&t=28257" onclick="window.open(this.href);return false;

Be safe out there.

- Jim

When asked "why do you want a CHL?" At least I have the option to arm/ protect myself. There is no such thing as a safe place to live any more.

[PUCKER]

Que? Connecticut of a habitation? Layspeak please?

Criminal Trespass?

This happens more than you think - even in TX.

They get charged with CT of a hab.