Duty to retreat in your home

[AAllen]

Well it looks like we will remove the hypotheticals from the thread discussing this.

http://www.jrn.com/kmtv/news/1-injured-in-Monday-morning-shooting-274329471.html

This is a real case current (as of this morning) in Nebraska; not 20 year old videos discussing the laws of Florida which had a duty to retreat until recently, or what they do in movies.

One statement that will ring true, the homeowners life has just been changed.

[SemperFiGuy]

Y'Know..........

I just don't understand the propensity of Perps to kick in doors when they are attempting a home burglary.

It's noisy.   It announces bad intentions.   It tends to make a lotta racket.   It wakes up and annoys the dog.  It gives advance warning...........  To the Good Guys.

Anyhow, it happened again in this present case in Omaha.   And it happens all the time elsewhere.   All you gotta do is read the Armed Citizen section of NRA's American Rifleman each month and see how often kicking in the door is the preferred method of illegal entry.

Haven't these guys ever heard of a Cat Burglar??   Quiet, Sneaky, Stealthy..... all that.

Kinda makes you shake your head.   Sideways.

Go figger.

sfg

[Gunscribe]

Fi, Seems like the perp followed bad guy protocol. He rang the doorbell to make sure no one was home, but he didn't wait long enough. Impatience will ***** slap you when you least expect it. Or the home owner will put a cap in you.

[SemperFiGuy]

He rang the doorbell to make sure no one was home, but he didn't wait long enough.

Of Course!

The old, "Is Ebenezer home?" caper.   With all its variations.   Fits together now.  Makes sense.

Any time one of Those Guys shows up at the door, good idea to get a license plate (if available) and always call the cops to check him out.

FWIW, you can always keep the handgun in your hand behind the front door.  Looks like you're holding the doorknob.   But you're not.   You're holding hands with Messrs. Smith & Wesson.

Kicking in the door.   Gonna ask the Perp, "And just how did that all work out for ya?"

sfg

[NE Bull]

As someone posted elsewhere- B&E in Omaha has become a high risk business. As it should be.
I love the neighbor's testimony.  I bet anti's heads are imploding all over the metro!

[Gary]

perp has died

[SemperFiGuy]

Omaha Local News has released (a) the name of the deceased Perp and also (b) the name of the Homeowner.

The Homeowner seemed to know how to protect his home and his 4-year old child who was in the house at that time.  Jeezzzz........  Broad daylight B&E.

I'm wondering if the Homeowner is a Forum member.  No way to determine at this point, of course.

Just wondering.

sfg

[DenmanShooter]

Scary stuff.  My son used to live a few blocks from there.  Nice neighborhoods.  You never know anymore.

[66bigblock]

It always strikes me as funny when my wife, my neighbor, my coworkers say "Its a nice neighborhood - nothing bad will happen here".

Guess what people?  If you are a bad guy wanting to steal stuff to sell for dope money.  Are you odds of getting valuable stuff higher from a $200,000 house or a $400/month rathole apartment?

Why did Willie Sutton rob banks?  Because thats where the money is.  Why rob a house in a good neighborhood?  Cause thats where all the expensive stuff is.


66bigblock

[DenmanShooter]

It always strikes me as funny when my wife, my neighbor, my coworkers say "Its a nice neighborhood - nothing bad will happen here".

Guess what people?  If you are a bad guy wanting to steal stuff to sell for dope money.  Are you odds of getting valuable stuff higher from a $200,000 house or a $400/month rathole apartment?

Why did Willie Sutton rob banks?  Because thats where the money is.  Why rob a house in a good neighborhood?  Cause thats where all the expensive stuff is.


66bigblock

Yeah but they used to case the joint and break in when you weren't home. 

Cleaning up blood and guts in the house isn't as easy as getting a hose and a push broom.

[NE Bull]

Lots of people saying the homeowner is in deep poo poo because we have no Castle Doctrine in Nebraska.  I have done my best to inform them otherwise.   BUT.. the Omaha page was deleted my post!  Wow so much for balance.

[AAllen]

Lots of people saying the homeowner is in deep poo poo because we have no Castle Doctrine in Nebraska.  I have done my best to inform them otherwise.   BUT.. the Omaha page was deleted my post!  Wow so much for balance.

They don't want the truth getting out, they want the masses to be scared to defend themselves.

[Gary]

The bad guy is a multi time convicted criminal.  No doubt his upstanding kin will hire a bleeding heart attorney to make the life of this victim and his family PAY.   

[Kendahl]

No doubt his upstanding kin will hire a bleeding heart attorney to make the life of this victim and his family PAY.

How often does this happen in Nebraska? I watch out for news like this and never hear anything after the shooting is ruled justifiable. I don't think the plaintiffs could find a sympathetic jury and lawyers won't waste their time on cases they can't win.

[Gunscribe]

How often does this happen in Nebraska?

More often than you think. It is not a major story and the media will not even report it most of the time.

[AAllen]

How often does this happen in Nebraska? I watch out for news like this and never hear anything after the shooting is ruled justifiable. I don't think the plaintiffs could find a sympathetic jury and lawyers won't waste their time on cases they can't win.

Besides having trouble finding a sympathetic jury there is Chapter 28 -1416: 28-1416.  Justification an affirmative defense; available in certain civil actions.

(1) In any prosecution based on conduct which is justifiable under sections 28-1406 to 28-1416, justification is an affirmative defense.

(2) The justification defenses provided for under sections 28-1406 to 28-1416 shall be available in any civil action for assault and battery or intentional wrongful death and, where applicable, shall be a bar to recovery.

So now what would they sue for, I would like to see someone try because of what it took to get this protection and the changes such a case would bring (OK for the sake of the individual involved I don't really) us the ability to really hammer this issue in the Legislature.  As things stand there has never been such a case here in Nebraska, a big part of why we have so much trouble getting these protections.

[shooter]

 My daughter lives 2 short blocks from the place,    glad I gave her a Ruger security 6, 357. with 125 grn XTP and 17 grains of 2400.

[bullit]

Don Kleine has actually been a very strong pro-self defense county attorney .....

[Lorimor]

The home owner will walk.  As it should be. 

Ayoob has long maintained that anyone breaking into an occupied dwelling must be assumed to be armed and dealt with accordingly. 

[Kendahl]

Don Kleine has actually been a very strong pro-self defense county attorney .....

I think the Douglas County attorney's office has supported self defense for many decades. More than thirty years ago, an Omaha police sergeant told a group of us that no one in Douglas County had ever been prosecuted for shooting a home invader. As far as I know, this hasn't changed. Several years ago, there was a gunfight between two gang members. The loser was the one who started the fight. The county attorney at the time (before Kleine) reluctantly ruled that the winner's actions were justified saying that even a gang member was entitled to defend himself.