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General Categories => Newsworthy => Topic started by: AAllen on September 08, 2014, 01:01:48 PM

Title: Duty to retreat in your home
Post by: AAllen on September 08, 2014, 01:01:48 PM
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 (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.
Title: Re: Duty to retreat in your home
Post by: SemperFiGuy on September 08, 2014, 01:44:28 PM
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
Title: Re: Duty to retreat in your home
Post by: Gunscribe on September 08, 2014, 01:53:26 PM
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.
Title: Re: Duty to retreat in your home
Post by: SemperFiGuy on September 08, 2014, 03:13:59 PM
Quote
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
Title: Re: Duty to retreat in your home
Post by: NE Bull on September 08, 2014, 04:53:05 PM
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!
Title: Re: Duty to retreat in your home
Post by: Gary on September 08, 2014, 05:07:02 PM
perp has died
Title: Re: Duty to retreat in your home
Post by: SemperFiGuy on September 08, 2014, 05:56:55 PM
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
Title: Re: Duty to retreat in your home
Post by: DenmanShooter on September 08, 2014, 07:16:50 PM
Scary stuff.  My son used to live a few blocks from there.  Nice neighborhoods.  You never know anymore.
Title: Re: Duty to retreat in your home
Post by: 66bigblock on September 08, 2014, 07:29:04 PM
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

Title: Re: Duty to retreat in your home
Post by: DenmanShooter on September 08, 2014, 07:34:02 PM
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.
Title: Re: Duty to retreat in your home
Post by: NE Bull on September 08, 2014, 08:01:24 PM
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.
Title: Re: Duty to retreat in your home
Post by: AAllen on September 08, 2014, 08:58:13 PM
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.
Title: Re: Duty to retreat in your home
Post by: Gary on September 08, 2014, 09:20:53 PM
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.   
Title: Re: Duty to retreat in your home
Post by: Kendahl on September 08, 2014, 09:33:44 PM
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.
Title: Re: Duty to retreat in your home
Post by: Gunscribe on September 08, 2014, 09:49:52 PM
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.
Title: Re: Duty to retreat in your home
Post by: AAllen on September 08, 2014, 09:50:53 PM
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.
Title: Re: Duty to retreat in your home
Post by: shooter on September 08, 2014, 10:23:53 PM
 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.
Title: Re: Duty to retreat in your home
Post by: bullit on September 09, 2014, 07:57:28 AM
Don Kleine has actually been a very strong pro-self defense county attorney .....
Title: Re: Duty to retreat in your home
Post by: Lorimor on September 09, 2014, 08:20:50 AM
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. 
Title: Re: Duty to retreat in your home
Post by: Kendahl on September 09, 2014, 08:34:33 AM
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.
Title: Re: Duty to retreat in your home
Post by: SunsetSig on September 09, 2014, 08:50:54 AM
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.

I'm happy you gave her a means of self defense too.  Even more so that she was willing to accept it.

Title: Re: Duty to retreat in your home
Post by: shooter on September 09, 2014, 10:15:45 AM
I'm happy you gave her a means of self defense too.  Even more so that she was willing to accept it.



  well I actually didn't give it to her, she opened the vault, and picked the one she wanted!! shes been shooting for 30 years, I pretty sure she can handle anything  that happens
Title: Re: Duty to retreat in your home
Post by: Gary on September 09, 2014, 12:46:14 PM
At 11:30 today it was ruled justifiable by the Douglas County Attorneys Office.   I am glad to see this swing in favor of the homeowner so quickly.   Great news for gun rights people in Omaha and for everyone in Nebraska. 

Evidence points to the bad guy running towards the homeowner.  This is a case where the homeowner was forced to protect himself and his family.    Good conclusion to a bad story that could have been a double homicide had the gun owner not responded quickly and correctly as he did.   
Title: Re: Duty to retreat in your home
Post by: 66bigblock on September 09, 2014, 01:48:01 PM
I was surprised to see the news let the neighbor give a second hand account of what the 4(?) year old daughter described of the incident. 


66bigblock
Title: Re: Duty to retreat in your home
Post by: Gary on September 09, 2014, 06:15:30 PM
This swift determination in sharp contrast to the Lincoln homeowner who shot the guy wanting to steal a car.


That was some time ago, and I have heard nothing about charges in that case, one way or the other.
Title: Re: Duty to retreat in your home
Post by: ILoveCats on September 09, 2014, 09:44:30 PM
This swift determination in sharp contrast to the Lincoln homeowner who shot the guy wanting to steal a car.


That was some time ago, and I have heard nothing about charges in that case, one way or the other.

I was thinking the same thing.
Title: Re: Duty to retreat in your home
Post by: Gunscribe on September 09, 2014, 09:58:33 PM
I guess no one bothered to comprehend the original story very well!

http://www.1011now.com/home/headlines/Man-Shot-During-Robbery-267824451.html?device=phone (http://www.1011now.com/home/headlines/Man-Shot-During-Robbery-267824451.html?device=phone)

That home owner was charged by the bad guy in that one.

At that point it didn't matter if the bad guy just got done singing in the choir or trying to steal a dozen vehicles. The bad guy approached the home owner in a manner that caused him to fear for his life.
Title: Re: Duty to retreat in your home
Post by: Gumby on September 09, 2014, 10:57:20 PM
Intruder dead.  Child protected.  Daddy publicly vindicated.

Thank You, God, for guns.  Amen.

Title: Re: Duty to retreat in your home
Post by: jFader on September 10, 2014, 12:40:03 AM
I was surprised to see the news let the neighbor give a second hand account of what the 4(?) year old daughter described of the incident. 


66bigblock

Absolutely.... although it was information that I wanted, I was shocked to see the neighbor recount a statement from the 4 year old....thank god it was in the direction of a self defense shooting & not the other way around!

This shooting happened 6 houses from my friends house. I don't go there often but I was just there last Saturday for a fantasy football draft. It is in North Omaha but is a very nice neighborhood. Most houses range from $100k-$160k & he has never had any trouble there over the last 5 years.

I have been fairly happy with the local media coverage of these last 3 self defense home shootings!
Title: Re: Duty to retreat in your home
Post by: ILoveCats on September 10, 2014, 08:55:10 AM
I guess no one bothered to comprehend the original story very well!

http://www.1011now.com/home/headlines/Man-Shot-During-Robbery-267824451.html?device=phone (http://www.1011now.com/home/headlines/Man-Shot-During-Robbery-267824451.html?device=phone)

That home owner was charged by the bad guy in that one.

At that point it didn't matter if the bad guy just got done singing in the choir or trying to steal a dozen vehicles. The bad guy approached the home owner in a manner that caused him to fear for his life.

Yeah but the question in my mind was from all the local talk on KLIN etc. about the the authorities saying that they "hadn't decided yet" whether the home owner would face charges.  That's an uncomfortable position for him.  Have they left the guy in limbo or have they quietly told him that he's not going to be charged, but haven't informed the media about it?