Quote:
Originally Posted by dad911
Clearly not self defense. Although there were previous burglaries, a reasonable person would invest in an alarm, or better locks, a deterrent. They decided to set up a premeditated hunt, with intent to kill. Pretty sick IMHO.
|
This.
Using deadly force for self defense should be -- MUST be the last resort. If someone breaks into a home, these steps are what I've been taught to do that will help in the events that occur AFTER the shooting:
1. If you hear someone in your home, and suspect an invasion, retrieve firearm and call 911, if retrieval of phone does not expose you to danger. Keep phone line open.
2. Take up
defensive position between perp and the rest of your family, if possible. (Note: this can be difficult if perp is between you and the rest of your family).
3. If time allows, tell 911 operator "Someone has broken into my home, and I am fearing for my life and my family's life." It would also be helpful to describe yourself - what you are wearing, your appearance, distinguishing features - so when the police arrive they can more easily identify you as the homeowner.
4. Yell out the following four sentences:
"Who are you? Get out of my house! The police are coming! I have a gun!"
5. You have given the perp fair warning to leave. Do not pursue him in your home. However, if perp enters into your defensive area (most likely your bedroom or your child's room), or is a threat to members of your family not in your defensive area, then
defend yourself and your family.
6. When police arrive, throw them your keys through a window, once they have identified themselves as police and you have verified this through 911. (What if the perp has accomplices waiting outside? ) When they enter, place gun down, and raise hands to shoulder height. (Not over your head - that's a sign of guilt) You will be cuffed and read your Miranda rights, and arrested. Say, "This person broke into my house. I feared for my life and my family's life, and I defended myself." SAY NO MORE, except that you will cooperate with authorities, but need to consult with your lawyer.
Things NEVER to say or do:
1. Never say "I want after him." Prosecutors will turn that into "So, you admit that you hunted him down."
2. Better to say "I defended myself" vs. "I shot him." or "I killed him." Again, the prosecutors can use that to show you are a violent person capable to unnecessary force.
3. Your adrenaline will be pumping like crazy - and in those circumstances, you will want to share EVERYTHING that happened with the police. It is better not to do so without a lawyer present. If you share anything with the police, they are required to record it as evidence, which can be used against you, even if what you did was completely within your rights.
The above actions are all about being prepared. There is nothing that is premeditated - but without a plan and being prepared, your chance of survival diminishes rapidly in a home invasion.
-Z-man.