General Categories > Laws and Legislation
Lack of Castle Doctrine
ORE45:
This shooting in Fremont over the weekend punctuates the need for Nebraska law to include Castle Doctrine. This assumed self defense individual will now have to prove he is innocent. He is in jail for self defense of himself and his family. His life will be totally changed. Yet, he has a God given right to self-defense which Nebraska law does not fully protect. Can you imagine a prosecutor Monday morning quarterbacking the heat of the moment decision process of that individual !
http://fremonttribune.com/news/local/crime-and-courts/fremont-man-fatally-shot/article_342d0de5-b648-50ed-a1c2-ca51ff7e0364.html
tstuart34:
Sorry but this story is missing a lot of details that lead to his arrest. I think it might have turned into a self defense after the altercation started.
But why open the door with the gun displayed? What was said before the altercation began? What happen during the altercation?
I understand protecting your family but it almost sounds like Campos was looking for a fight... if he was truly defending his family he should avoid a hostile situation by not answering the door and contacting the police after he asked him to leave. If the man would of entered the house by force. Blast him.
But like i said missing details..
ORE45:
Granted. Newspapers are mostly opinion and conjecture now days. The wording of the headline gives a clue to the mindset of the editor/writer. If you compare different news sources on the web, most all tweak it according to their choice. Not factual news, just a tree to hang entertaining things on to keep readers attention.
My question is about the lack of Castle law in a self defense shooting. What else can the police do if there is someone killed by a shooting? They have NO statute for self defense which the Castle doctrine might provide if the perp entered the home.
Law enforcement was FORCED to charge under existing statutes, ie manslaughter. They had no other option.
Sandhillian:
--- Quote from: ORE45 on July 27, 2015, 04:02:56 PM ---What else can the police do if there is someone killed by a shooting? They have NO statute for self defense which the Castle doctrine might provide if the perp entered the home.
Law enforcement was FORCED to charge under existing statutes, ie manslaughter. They had no other option.
--- End quote ---
Not true. Prosecutors have, and do refuse to file charges where the FACTS support claims of self-defense. Nebraska's self-defense/use of force statutes are located at sections 28-1407 to 28-1416. When the FACTS are made public, then we'll know whether the decision to charge the shooter was appropriate.
AAllen:
Many comments to make here, First Nebraska has the Castle Doctrine, people need to lay off that. Castle Doctrine simply means you may defend yourself in your home without needing to retreat when facing a reasonable threat (in other words you invite someone in and attack them it does not apply). Since this did not happen (at least from what was reported it never entered the home) the Castle Doctrine does not apply.
So what you are wanting is "Stand Your Ground," that is what pertains to outside your home. That also would not apply from what is reported, Tyler Childs went to the home of his ex-girlfriend (angry, drunk whatever it does not matter how as long as he is doing nothing threatening) and is meet at the door by her father. Apparently when Childs knocked at the door or otherwise announced his presence, something completely legal. At this point Walter Campos produced a firearm, which would be a threat, escalating the situation and causing Childs to fear for his life and fighting to defend it.
If law enforcement felt that Childs was reasonably threatening Campos's life, well being, or that of someone else present; and Campos produced the firearm and used it in defense of his life or of another they could have let Campos go and then give the evidence to the County Prosecutor who could have agreed and wrote it off as self defense or could have reversed that and put out an arrest warrant.
Since the police arrested Campos it is apparent that even if they have doubts that they believe that Campos was the aggressor and thereby the shooting was not justified.
This has nothing to do with a duty to retreat which is what both Castle Doctrine and Stand Your Ground are about, this is asking to justify shooting someone because you think they need shooting. The Nebraska Supreme Court has held that any law saying that is unconstitutional, we had that law for a time back in the 1960's.
Navigation
[0] Message Index
[#] Next page
Go to full version