NFOA MEMBERS FORUM
General Categories => Newsworthy => Topic started by: Nnylrac on March 20, 2013, 11:31:35 AM
-
It will be interesting to see how this all plays out. Very limited information being let out by the media. First reports from kolnkgin's website was that the 21 year old was dating both the mother and the daughter making this look like a jealous father/husband shot him. Later in the morning the Journal Star put out the information that an arguement started in Lincoln between the 18 year old daughter and the 21 year old boyfriend which continued to the home of the daughter in Bennet. Father of 18 year old shoots 21 year old. Self defense? Interesting also that the boyfriend has a prior conviction for domestic assault regarding another relationship.
http://www.1011now.com/home/headlines/Lancaster-County-Sheriffs-Office-Investigating-Shooting-in-Bennet--199123791.html (http://www.1011now.com/home/headlines/Lancaster-County-Sheriffs-Office-Investigating-Shooting-in-Bennet--199123791.html)
-
Nnylrac, thanks for bringing this to my/our attention.,
I will also be awaiting the outcome of this story. Sounds like this could be a textbook case of defense of a family member, especially with the boyfriend's history and if he made any threatening motion toward the daughter. I know where my frame of mind would be, anyway.
-
The youth was unarmed. I am pretty sure an old couple and the daughter could have out numbered and fought off this kid without the use of a firearm. The priors in this case will not justify the use of deadly force. The father will loose everything when the attorneys, medical bills, and claims of anguish are all settled. Shame.
-
Really? You know this because?
-
I agree. We don't know that the young man was unarmed. We only know what the media is telling us. He could have had a knife. In any case he overpowered the daughter and most likely because of youth would have been able to over power the father. Past history shows the 21 year old to have some anger issues resulting in his assault conviction. A lot of unknowns here. I hope if it was a case if father defending himself/daughter that he does not "lose everything" as Gary has stated.
-
http://journalstar.com/news/local/crime-and-courts/authorities-break-in-argument-preceded-shooting-by-girlfriend-s-father/article_9ad2caac-f155-5c48-afec-ffc7906ad0e6.html (http://journalstar.com/news/local/crime-and-courts/authorities-break-in-argument-preceded-shooting-by-girlfriend-s-father/article_9ad2caac-f155-5c48-afec-ffc7906ad0e6.html)
Looking like this is gonna be justified, waiting to hear if the father will be formally charged or not.
-
Thus another compelling reason to be a member of one our sponsors....Armed Citizens' Legal Defense Network....
-
Agreed, Bullit.
-
Thus another compelling reason to be a member of one our sponsors....Armed Citizens' Legal Defense Network....
Yep.
-
http://journalstar.com/news/local/crime-and-courts/authorities-break-in-argument-preceded-shooting-by-girlfriend-s-father/article_9ad2caac-f155-5c48-afec-ffc7906ad0e6.html (http://journalstar.com/news/local/crime-and-courts/authorities-break-in-argument-preceded-shooting-by-girlfriend-s-father/article_9ad2caac-f155-5c48-afec-ffc7906ad0e6.html)
Looking like this is gonna be justified, waiting to hear if the father will be formally charged or not.
And this is why we need a Castle Doctrine/Victim Protection Law in Nebraska.
If the JS story holds true, the Dad shouldn't have been charged with anything nor arrested... He should be given a medal.
-
Verified home invasion- verified low life scumbag put down hard. What's the problem?
-
If this all pans out the way it looks, I would be willing to replenish his .22 supply. (heck right now that's worth more than any medal (metal) )
Heck it could be the reason he only shot the BF twice. At today's "shortage" and prices, a father just can't afford more than a couple rounds per abusive boyfriend. Oh the good ol' days, why I remember when.... ;)
(Disclaimer- absolute tongue in cheek comment.)
-
And this is why we need a Castle Doctrine/Victim Protection Law in Nebraska.
If the JS story holds true, the Dad shouldn't have been charged with anything nor arrested... He should be given a medal.
Agreed.......sadly EC will prevent a castle doctrine from getting anywhere.
-
Thus another compelling reason to be a member of one our sponsors....Armed Citizens' Legal Defense Network....
I was thinking about this very subject earlier this AM.
I need to know who to call...
-
I was waiting with baited breath to see how this turned out.
So far looking like how the details are emerging.
Don't care for the fact that he had to defend himself though :(
-
Verified home invasion- verified low life scumbag put down hard. What's the problem?
If I put myself in dad's shoes: Daughter dating a convicted domestic abuser = "problem".
If dad does not, after this is all over with, say, "See, I told you so...." then an important teaching opportunity will have been missed.
All in all, I think he showed admirable restraint, only shooting the demonstrably violent home invader twice....... I am afraid that if someone assaulted my daughter on my front porch, they'd be asking me why I shot the guy 8 times with a .45 ...... and I'd say something stupid like "'Cuz I don't own a .46 and my .45 only holds 8."
Q:"Why did you shoot a guy that just broke down your front door?"
A:"Seriously? You got any more stupid questions?"
If there's Jury in Nebraska that would convict this guy on these charges, there is in fact no hope for America.
-
See... there's questions as to why the arrest was made in the first place, and further questions as to why the **** he hasn't been vacated / exonerated yet.
-
I was thinking about this very subject earlier this AM.
I need to know who to call...
http://www.armedcitizensnetwork.org/ (http://www.armedcitizensnetwork.org/)
-
My fellow NFOA peeps.....some of you in this thread have expressed your opinion on what you would do in a similar incident and/or your opinion of what the BG deserved. I would advise EXTREME CAUTION in posting some your feelings on this PUBLIC FORUM. Should you become involved in a SD incident.......even if you are on the side of the angels, make no mistake your words (internet posts included) can and will be used against you. I've noted a few above that you'll really have a hard time explaining to a jury of your "peers" (e.g. Starbucks non-gun owner soccer mom or Uber-left Prius driving UNL professor). Case law is replete with examples of how your life will be opened up and its going to be a really expensive process to defend.....
With regards to the father's arrest, that is not necessarily outside the norm .....anywhere. You likely WILL be arrested (HINT HINT...JOIN THE ACLDN TODAY !!!!). It will come down to a matter if you will charged with a crime by the County Attorney and/or receive a "No True Bill" by the grand jury
-
Charges dropped :)
http://www.ketv.com/news/local-news/Sheriff-s-Office-Insufficient-evidence-to-support-criminal-charges-in-shooting/-/9674510/19519198/-/hcxe8e/-/index.html (http://www.ketv.com/news/local-news/Sheriff-s-Office-Insufficient-evidence-to-support-criminal-charges-in-shooting/-/9674510/19519198/-/hcxe8e/-/index.html)
-
After review of the case, authorities said there is insufficient evidence to support any criminal charges against Kinney.
So, under our recently modified statutes, does the dad risk civil liability when the boyfriend sues?
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.
Source
Laws 1972, LB 895, § 11;
R.R.S.1943, § 28-843, (1975);
Laws 2012, LB804, § 1.
Frankly, I don't know if anyone can decipher this statute... What if the boyfriend sues for a different reason than assault and battery? Is recovery barred in that case?
I am still angry at the way Sen Lathrop screwed us over :angry:
-
After review by the Lancaster County Attorney's office and Sheriff's investigators, there is
insufficient evidence to support any criminal charges against Michael Kinney. County Attorney Joe Kelly says his office will not file charge against Kinney because he was defending himself and his family.
Did the other media source 'forget' that last statement on purpose. DEFENSE OF SELF AND FAMILY!
I don't wish anymore more hardships for Mr. Kinney. That being said, a local case of self defense dragged thru the courts would be nice to throw at Lathrop and his cronies. It said that the first ting they ask is " Has it ever happened in NE?, Then why do we need to do something?" It befuddles me why this state is always late to the party. ??? I mean the Senators will not enact a proactive law, then Huskers always have to be way behind before deciding to play ball ;)...... >:D
-
http://journalstar.com/news/local/crime-and-courts/prosecutors-bennet-shooter-acted-in-self-defense/article_ba565130-e8ce-5bc7-ad46-6473fe17a106.html (http://journalstar.com/news/local/crime-and-courts/prosecutors-bennet-shooter-acted-in-self-defense/article_ba565130-e8ce-5bc7-ad46-6473fe17a106.html)
BF now saying Kinney should not get off for shooting him. Sounds like someone is feeding him words to say to the press. Civil suit on the way?? Thoughts?
-
Now that Kinney's threat of prosecution has been dissected, and examined in every miniscule detail, I want to know if they will pursue prosecution of the BF with as much zeal. Will groups defending battered women be as vocal and involved as the gun-banners made themselves in Kinney's case? Will the media even bother with this angle of the case?
-
Lancaster County Attorney Joe Kelly said he wouldn't prosecute the 50-year-old Bennet man for shooting Jeffery Stotler, 21, in the upper chest and stomach with a .22-caliber rifle after Stotler broke into his home March 20.
“What Kinney did was retreat into his own home and then Stotler forced his way in and had already been aggressive and violent outside,” Kelly said.
Lancaster County Sheriff’s deputies initially jailed Kinney on suspicion of first-degree assault and using a weapon to commit a felony, but released him later that day after he paid 10 percent of a $10,000 bond. On Friday, Kelly advised the courts to give him his money back..."
Of course, the thug is whining a different tune:
In a telephone interview from his hospital room, Stotler said Kinney should be punished for almost killing him.
“I almost died. He shot to kill.”
Stotler said he remembers little about what happened that night, but he noted that Kinney is taller than him, outweighs him by about 100 pounds and works as a sergeant at the Lancaster County Jail.
“Why didn't he subdue me? His job is to stop, restrain prisoners. Why would he shoot me if his job and training is to restrain people?"
Duh! I'm 6'5" and weight 245 lbs, but at 72 yrs of age I doubt that I could stand against a 21 year old, even one who thinks that beating on women is a good idea. Kelly's problem was that his weapon wasn't powerful enough and/or his aim not true enough.
Was the Lancaster County Sheriff deputies a little too quick to jail Kelly and accuse him of suspicion of first-degree assault and using a weapon to commit a felony? I didn't know that defending ones self is a felony, especially when the thug has just beat up your daughter and broke into your house to continue the attack. Besides, when do thugs get to make up the rules to suit themselves. If they don't want to be shot then politely knock on the door and wait for an answer. If no answer is received then leave the premises.
-
Besides, when do thugs get to make up the rules to suit themselves. If they don't want to be shot then politely knock on the door and wait for an answer. If no answer is received then leave the premises.
You are too logical in your thinking Grey.....that is what separates the bad folk from the good folk...ie: common sense.
-
You are too logical in your thinking Grey.....that is what separates the bad folk from the good folk...ie: common sense.
No, if he's asking the why of a thing he is on the wrong track:
If you ever have to ask the why of a thing, then the answer is always "Money", "Power" or Both.
We don't have a Justice System, we have a Legal System. If this case were looked upon as cut and dried as it almost certainly is, how does that generate money for, or increase the power of the Lawyers and Judges that populate the system?
The domestic abuser in this case won't be able to pay a Lawyer ..... and his Public Defender won't be able to drag this out very long ...... where's the money in that? As for power, they already have him ......he's got nothing to lose, now. Mr. Kinney has a career, and home that he'll be willing to fork over pretty penny to keep ..... and may even lose his house to finance his defense .....
In a Justice System, the perp in this would be forced to pay his own medical bills, all court costs, reimburse the homeowner for the property damge and for his ammo spent stopping his home invasion, and at the end of it all, get a beating equal to the one he gave the woman. He ought to be happy he got out of this mess he made still being able to breathe at all.
-
Glad the charges have been dropped.
Kid whining about shot will get some media attention, wrongfully so. What was dad supposed to do, wait for kid to beat everyone to death then somehow call 911 ?
I don't particularly see how there can be a civil suit out of this, I doubt the kid can afford a lawyer for it. If there is a civil suit, I sincerely hope it gets shot down asap due to catastrophic buffoonery. Breaking down someone's door kind voids any 'poor me' crap right off the bat.
-
Never underestimate the power of stupidity, nor the draw of free publicity, for a pro bono attorney to take the civil case of an idiot. Anything the human mind can conceive, some fool will attempt!! >:D
-
nor the draw of free publicity, for a pro bono attorney to take the civil case of an idiot.
Or, a crusading anti-2A attorney exploiting the situation for the publicity to make propaganda against the 2A, regardless of how the case turns out. Their echo chamber will repeat endlessly the minor victories, slathered in horror stories of gun abuses, but will remain silent when the verdict goes against them. Just like the hundreds of thousands of cases of defensive gun use, that story will never reach the MNM.
-
I don't particularly see how there can be a civil suit out of this, I doubt the kid can afford a lawyer for it
Sadly, UNFY one can be sued by ANYONE for ANYTHING. In Nebraska you are also unable to collect attorney fees i.e. the homeowner WILL have to hire an attorney out of his own pocket to defend the suit (if complaint filed). Even if he were found on the side of the angels in a civil suit he will not be rewarded attorney's fees (there are extremely rare exceptions in the this state). That being said, his homeowners insurance policy (and most do) have a clause to fund and defend a suit should a self defense incident occur on ones property. In that regard he is fortunate.
-
Stotler charged with Domestic Assault.
http://www.klkntv.com/story/21880500/man-shot-in-bennet-cited-for-domestic-assault (http://www.klkntv.com/story/21880500/man-shot-in-bennet-cited-for-domestic-assault)
-
I would be interested in the results of Stotler's tox screen upon admittance to the hospital.
-
Stotler charged with Domestic Assault.
http://www.klkntv.com/story/21880500/man-shot-in-bennet-cited-for-domestic-assault (http://www.klkntv.com/story/21880500/man-shot-in-bennet-cited-for-domestic-assault)
<3
-
Good news for the Bennet family. My last post ended in the word Shame, after I spouted off the voices of doom for the poor father. Sure glad, so far, I was 180 degrees wrong. Super news for the Bennet family. Hopefully, it ends there.
Someone is going to be pressed for two weeks of medical care for gunshot wounds, and that has to be a bill of astronomical proportions. Large unpaid bills, have a way of looking for pockets to pay them.
-
Now that his actions have been found to be justified, the father is protected from civil action. This might be one of the first cases where we get to see the 2012 civil protection law in action and see how it works. LB804 or 807? I can never remember which was which...
-
the father is protected from civil action.
Not necessarily. He can still be sued via civil complaint and possibly (although not probably) lose.... LB804 simply changed that "justification defenses provided for under sections 28-1406 - 14016 SHALL BE AVAILABLE (emphasis mine) in any civil action ....."
Previously the law ("justifiable conduct") did not abolish or impair any remedy (i.e. MONEY) for such conduct in a civil complaint.
I am not an attorney, but that is what I get out of nebraskalegislature.gov/FloorDocs/102/PDF/Final/LB804.pdf