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Man Who Shot At Junk Collectors Sentenced

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skydve76:
http://www.ketv.com/news/30670716/detail.html



POSTED: 4:50 pm CDT March 13, 2012
UPDATED: 5:01 pm CDT March 13, 2012
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OMAHA, Neb. -- An Omaha man who shot two junk collectors behind his home will serve jail time.

A Douglas County District Court judge sentenced Clifton Richardson to at least eight years behind bars.

In May, Richardson told police he warned two men to leave an area near 33rd and W streets. When they didn't, he shot at them.

One of the men was hit in the back.


Read more: http://www.ketv.com/news/30670716/detail.html#ixzz1p355JKCC

skydve76:
So would a Castle doctrine allow this type of thing to be legal?  While I believe in the Castle Doctrine, at the same time I dont want some crazy farmer shooting and me and my family if we break down and decide to cross a field to get to the nearest gas station.

NE Bull:
IIRC  there was a similar incident in Texas and I think they sided with the land/business owner in the end, as per Castle Doctrine, but don't quote me on that.

AAllen:
In Texas you can use deadly force to protect property, that is something that goes beyond the Castle Doctrine.

unfy:

--- Quote from: AAllen on March 13, 2012, 08:43:58 PM ---In Texas you can use deadly force to protect property, that is something that goes beyond the Castle Doctrine.

--- End quote ---

I've seen many people confuse Castle Doctrine with property protection rules.

I'm a bit young, but I'm aware of the "Make My Day Law" stuff.  Don't recall where the phrase originated or the state to attribute it to - but it's the deadly force to protect property stuff.


To clarify, Castle Doctrine only gives you 'immunity' (or varying degrees) if you believe that you or those under your protection are within immediate deadly harm while within your home.

The idea being - if the use of force was deemed necessary, you are granted some 'right out' protection against criminal charges and don't have to deal with that fuss.  It's a conceptual thing.

The 'make my day law' stuff takes this a huge step forward and allows the protection of property via deadly force.

The final extreme would be the ability to shoot trespassers (which I don't believe exists anywhere ?).

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