Tuesday, August 18, 2015

Hot Pursuit

An Akron homeowner who fatally shot one of two men who allegedly broke into his home has been charged with voluntary manslaughter. [More] 
This happened right down the road from me.

I don't know if I'd give chase or not. On the one hand, we need to understand the legal environment imposed on us. On the other, the thought of letting these dangerous reptiles go to prey on others could very well be a death sentence for someone more vulnerable, and it's not like the danger could be deemed "over" with absolute certainty.

If I did end up in this situation, aside from clamming up with the police, I'd be working on my lawyer to present the following, or some similar line I'd expect the "Only Ones" and their union reps to use to get a "department protocol" ruling on their shoots:

My client was in fear for his life. He briefly followed the home invaders, to make certain they were leaving and not regrouping for a counterattack or a different point of entry. At that point, his attacker made a motion he perceived as a renewed threat with a weapon.

Waddya think? Got something better, share it. One of us may benefit from it some day.

1 comment:

  1. The Infamous Oregon Lawhobbit8/18/2015 5:29 PM

    Maaaan, that's a toughie. I REALLY like the "clam up and talk to your lawyer" point, and I admire the argument:

    "My client was in fear for his life. He briefly followed the home invaders, to make certain they were leaving and not regrouping for a counterattack or a different point of entry. At that point, his attacker made a motion he perceived as a renewed threat with a weapon."

    But facts could SO play out against you on that one. And while I appreciate the "dangerous reptiles" point, I have to bear in mind that likely none of those people I "saved" are going to pony up even an hour's worth of my lawyer's time. I know it sounds horrible and selfish, but I'm ALSO not inclined to leave my wife home alone in the event that there are actually MORE reptiles waiting for the decoys to draw me away. Into an ambush.

    Horns of a dilemma. I'm risk averse - I'll stay and protect the homestead and give good descriptions to the Professional Reptile Hunters.

    ReplyDelete

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