NFOA member informs the public. Thanks CMZ

[jimburnetto]

http://www.omaha.com/article/20120131/NEWS97/701319876

I was listening to 93.3 today when I heard about this news story.  Basically, a retired cop shot at a fleeing suspect's car who had just tried to break into his house.   I immediately thought--well, if that's all of the information to be had then on it's face that seems like a bad decision.  And not a second later, I hear the voice of Mr. Zeeb to set the story straight.  He tells us out in radio-land that you can't shoot people unless you feel you're in imminent danger of rape/murder/kidnapping/violence.   Thanks, Chris, for taking the time to set the public straight!



Victim shoots at fleeing burglar
« Crime/Courts
Share

A burglar chose the wrong northwest Omaha house to break into Tuesday morning.

A person in the home fired at the suspect's fleeing vehicle after interrupting the 8:20 a.m. burglary near North 96th and Ames Avenues.

County records list the homeowner as Freddie Abraham, a retired Douglas County Sheriff's deputy. A neighbor confirmed that Abraham lived at the house. The home's front door showed signs of damage.

The homeowner declined to speak about the incident. Police officers on scene said Abraham appeared shaken up. Officer Jacob Bettin, a spokesman for the police department, said no suspects had been arrested in the attempted burglary. — Sam Womack

[JimP]

I was listening to this debated on KFAB this AM..... while I agree that the burglar was up to no good,  the important part is this:

A person in the home fired at the suspect's fleeing vehicle

The burglar was running away, and had ceased to be a threat.

If Joe Schmoe had fired on someone who was not a threat, he'd be arrested.  The homeowner was a retired LEO, so it looks as if he'll get a pass.

Either a) charge the homeowner ...

or b) change the law so Joe Schmoe won't be charged in ta similar situation. 

Either "Equality Before the Law" means something, or it does not.

[unfy]

I've had this discussion countless times with friends and family concerning guns + defense .... most believe you can legally defend your property with lethal force

[bullit]

Yes, state statute allows you to defend your property with force, and in some cases deadly force (yes they are two separate acts).  That being said, it would be a very expensive lesson financially, emotionally, socially, going to lose your gun, get a free ride with po po, etc.  Furthermore, the triers of the facts will be a "jury of your peers".  Think about that one for a while in light of today's society.  The prosecutor puts BGs graduation picture up on the easel so the jury can see what a good kid he was.  Now his mother weeps her loss because he unsucessfully broke into your home.  In the end its just stuff and thats why you should have insurance.  Gonna be a lot better off in the end. 

[bullit]

Garner v. Tennessee good case law regarding "fleeing felon"

[JimP]

 

That being said, it would be a very expensive lesson financially, emotionally, socially, going to lose your gun, get a free ride with po po, etc.

Depends entirely upon who you are, doesn't it?

[OnTheFly]

Furthermore, the triers of the facts will be a "jury of your peers".  Think about that one for a while in light of today's society.

Not to mention, all the smart people find a way to get out of Jury duty. 

Fly