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What do you think of this news story?

zerostepdrama's picture

There has got to be more to this story...

I would think after the initial confrontation that the victim wouldn't still be hanging out in the shower? How did he end up in the house?

http://www.nydailynews.com/news/crime/homeower-killed-showering-intruder...

Comments

DaizyDuke's picture

He's going down. I just learned all of this in my pistol permit safety course. No way, could he have felt threatened by this man if the man was in the shower. The fact that he left (and was able to safely do so) but then came BACK and shot the guy... is enough to put him away. What an idiot.

ESMOD's picture

It depends on the law where he lives. In some states, the fact that someone is in your home illegally is proof enough that they would be intent on doing harm to you and you can shoot them I believe.

Simpleton21's picture

Yes, this ^^^, why not call the police when he left to go get his gun and have them meet him there when he went back?!? This was murder! If he was scared for his life he wouldn't have went back after leaving safely the first time!

hereiam's picture

Naked man in the shower. Yep, pretty dangerous situation. He thought the naked man was drunk? He was terrified for his life? Did he think he was going to beat him with his penis or what?

This was murder.

DaizyDuke's picture

Exactly. The man posed no threat... even IF he was speaking in a threatening manner. All the owner needed to do was simply walk away and call the police.

The Deputy Sergeant who did the pistol permit training course that I went to even said that if an intruder came into his home, he would NOT just start shooting. If he could get his family safely to another location, he would do that before just popping off rounds. Because honestly, who the hell wants that on their conscience???

hereiam's picture

Not only on your conscience but a sheriff once told me, if there is anything else that you can do (like stun gun or something), do it. Shooting somebody should be your last resort because it is almost never a simple, self-defense and you-are-off-the-hook thing. And she said, there is almost always lawsuits involved and it can really consume your life.

Now, obviously, if someone has a gun or a knife pointed at you or your loved ones, that's a different situation but that doesn't happen as much as it does on TV!

Walking in on a guy in the shower, then leaving and coming back with a gun when he could have called the police, looks pretty fishy.

Would love to know the backstory, like who the naked guy was and how he came to be using the guy's shower. I wonder if they knew each other?

notasm3's picture

As an elderly partially disabled person who can't even walk fast much less run away I would not hesitate to shoot any naked man I found in my home. Once he saw me there would literally be no way I could make it to the front door if he pursued me at all. And then who's to say I'd be any safer on my front lawn.

But that doesn't sound like this situation.

notsurehowtodeal's picture

There has to be more backstory to this. I wonder if they knew each other in some way? It seems odd that after a confrontation the teacher would have stayed in the shower long enough for the other guy to leave the house, get a gun, and come back. Makes me think there was no confrontation and the teacher had no idea the other guy even knew he was there until he shot him.

DaizyDuke's picture

Yeah, like I kind of feel like this guy is lying. I mean there were only 2 of them there and the other guy is dead. But he's not doing a very good job at lying. Makes no sense that an educated man would just wander into a complete strangers house and decide to take a shower? Even if he WAS drunk.. still makes no sense. I feel like they knew each other, got into some type of lovers??? maybe?? quarrel and home owner went bonkers.

Another thing I learned in the permit course... you NEVER bring a gun to a verbal confrontation if you can avoid it. He obviously could have avoided it by simply leaving and staying gone.

Tuff Noogies's picture

hmmm. "To detain someone who wrongfully came on your property". not so sure this would qualify, IMHO. killing is different than using force to detain. it says you are allowed to use force, but does not specifically state deadly force.

i really don't see the situation fitting the other three scenarios.

i'm curious as to how this will turn out.

hereiam's picture

Well, it's hard to say what will actually happen but, personally, I think that killing the guy was, um, overkill.

Yes, he trespassed but I'd hardly call showering malicious trespassing or malicious interference and he didn't need to be killed to be detained.

DaizyDuke's picture

When someone is getting ready to injure you – or when you believe they are- nope, again, how was the naked man going to injure him??

To prevent a malicious trespass or “other malicious interference with real or personal property”- nope, the intruder wasn't being malicious, he was showering. The trespass did not include violence or injury

To detain someone who wrongfully came on your property- detain being the key word (not murder)

To protect a mentally handicapped person from hurting others"- not applicable.

I could post a sign on my window that says "Trespassers will be given an overdose of heroine." doesn't make it legal for me to do so.

I'm just not seeing an ounce of "justification" here.

Stepped in what momma's picture

I don't see any justification in this killing and I think the shooter is going down for murder.

My parents (LEO) always said if I heard someone coming in the living room window that I needed to go out an alternate window. I see all these kids that hide in closets and I wonder if parents never instruct their children on what to do if there is a home invasion. In my book getting out of the house is the key to living longer, who cares about any stuff they steal, "stuff" is replaceable.

Peridwen's picture

Eh, the AR might have been the weapon he was most comfortable with if he does a lot of target shooting. In a panic situation he chose the weapon he could handle.

DH and I have a wide variety of weaponry in our home (including live/battle-ready swords). I shoot rifles most often and if someone came into our home I'd probably grab a rifle. Simply because I know I can load and control it even with shaking hands. I'm familiar with it. I'd probably fumble a pistol in that situation.

Tuff Noogies's picture

shoot, an AR15 and AK47 both sit right next to our bed. if we heard someone coming in the house that would be the first thing dh and i will grab. the 380 and 9 are just backup.

i dont blame the guy for shooting at the teens. i would too. but the story in the OP? no way i'd *leave the house*, go grab a gun, AND GO BACK unless i had malicious intent. that's not being afraid for your life or anything applying to a 'castle law'. that's just stupid.

Tuff Noogies's picture

question, clever - if someone had broken into a property you owned, and let's say, trashed the place or had committed some other crime there, and you LEFT said property. would you not call 911? or would you go BACK to said property as a 'vigilante LEO'?

in the time it took him to leave the premises, go back to his own home and get his gun, and go BACK, the po-po would have already been there. i'm actually surprised the guy was still in the shower - he must be a COD taking a 30-45 minute shower and using up all the hot water Wink Wink Wink

Acratopotes's picture

Murder 101...... and pre-meditated.

Regardless why the intruder was showering in the house and not run for the hills when the home owner came back...
the fact remains, the home owner found a naked strange guy in the house - walked out to get his gun, came back and shot him....

If the home owner walked into the house with the gun and just shot the guy, it could've gone for self defense...

but the argument will be, home owner did not shoot due to feel frightened or in shock, he left and had enough time to calm his nerves and call 911, reporting it... he did not...

I also feel there's more to this then what's known now... maybe a affair??

Peridwen's picture

I am 100% for the right to defend yourself and your property. I will always try escaping first, but if you break into my house I will assume you intend my children or me harm and I will shoot if I can't get them out. And I won't wait for you to 'make a threat'. You've already made one by breaking in.

This case doesn't sound at ALL like any version of self-defense. There was no reason given so far that justifies this shooting. The defendant LEFT the property. That right there is telling. If you are in fear for your life, you don't escape and then put yourself in danger again. Why weren't the police called? Did he call the police and get told 'we'll get there when we get there' since there was no imminent threat? Why was the teacher in the shower of a random house?

I think there are some very big puzzle pieces missing. Are there any other reports on it with more information?

As to the smiling I'm on the fence there. I smile and/or giggle when I'm anxious. For me it's a defense mechanism that I have difficulty controlling. I can have a tears rolling down my face, hyperventilating, can't move, can't think panic attack and I'll be grinning like an idiot or laughing. So I try to cut people a little leeway on smiling in inappropriate situations.