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I honestly can say I don't know. I was not there and luckily have not been in that exact or even similiar situation. The hard part about laws and lawyers and any type of review of actions, they also were not there, and everyone gets to armchair the decision for ever. Put into that type of situation, you have seconds to decide what you will do. You don't get to debate about it, second guess it, phone a friend, or have a pole done.

 

The saying, "When only seconds count, the police are minutes away." is very true here. They were on 911 with the Operator for over 4.5 minutes waiting on the cops.

 

I "think" I would give a warning to the possible intruder, but if a window was broken and an arm reaching through the window (as was detailed in the DA and victim statements) I "think" all gloves would be off at that point. I do not want to risk my life or the life of anyone in my house for a "maybe".

 

People can sit on the fence and say he was drunk. How the frag is someone supposed to KNOW a drunk person is breaking into the house vs. a nutjob wielding an axe, gun, knife, baseball bat, etc? How do you KNOW that there are'nt 3 more guys backing him up ready to come storming in?

 

In this case, the dead guy had driven from a "friend's place" with a BAC of .26. His "friend's" should be more to blame, and the family is more to blame than the victims in the house.

 

They are alive and he is dead. Who knows, maybe they ultimately save countless other lives since this guy apparantly thinks he can drive on a .26 BAC. He was an accident waiting to happen.

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Smash my window out drunk and don't announce who you are and what you're doing coming into my home you better guarantee you'll have to pick lead AND wood splinters out of your ass. I would shoot someone I knew if they came at me like that, a threat is a threat; even if she did know who it was how the hell does she know he wasn't going to do serious bodily injury to her, I say she has to live with the knowledge she shot a member of her family, that's punishment enough.

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Here is the article they were debating that I was responding to:

 

Shooting death fuels debate over guns

Valerie Richardson (Contact)

Monday, February 2, 2009

 

Sean Kennedy, a 22-year-old golf pro, drunkenly banged on the door, yelled obscenities and smashed a window as he tried to enter what he thought was his house.

 

But it wasn't his home. The house, located a block from Mr. Kennedy's residence, but showing the same house number, belonged to James Parsons. As Mr. Kennedy reached his arm through the broken window in an effort to unlock the back door, Mr. Parsons, who was inside with his girlfriend, shot and killed him.

 

Colorado Springs prosecutors last week exonerated Mr. Parsons, saying that he acted within the scope of the state's "Make My Day" law, which allows homeowners to use deadly force against intruders.

 

"A reasonable person in those circumstances would have believed that [Mr. Kennedy] was going to do a crime against them or their property," District Attorney Dan May said.

 

Nonetheless, the decision reignited debate over whether such laws allow homeowners to use more force than necessary in their defense. Critics argue that the laws, which have proliferated in recent years, have essentially given homeowners a license to kill.

 

"What's happening among gun owners is that there's less accountability and less responsibility," said Scott Vogel, spokesman for the Freedom States Alliance in Chicago, which opposes the "Make My Day" laws. "Gun owners are taking these laws and drawing their own conclusions and using them as a 'get out of jail free' card."

 

The debate is likely to intensify as more states adopt and expand such statutes. Since 1985, 16 states have approved "Make My Day" statutes - known to critics as "Shoot to Kill" laws - with more legislation expected this year, said Sam Hoover, staff attorney for the Legal Community Against Violence in San Francisco.

 

Besides Colorado, the 15 other states are Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Michigan, Mississippi, Missouri, Oklahoma, South Carolina and South Dakota, Mr. Hoover said.

 

Even in states that have approved such laws, however, deciding whether the statute applies can be tricky. Colorado Springs prosecutors wrestled with the case for a month before deciding against filing charges in the Dec. 28 shooting.

About 10 p.m., Mr. Kennedy, who had been drinking at a Denver Broncos football party with friends, drove up in his truck to the house at 3212 Virginia Ave. and tried to enter. Police say he was looking for a house he shared with roommates at 3212 N. Institute St., located a block away. His blood alcohol level was later tested at 0.26, more than three times the legal limit of 0.08 for driving in Colorado.

 

When Mr. Parsons and his girlfriend heard the pounding at the door, they called 911 and pleaded for help. Mr. Parsons' girlfriend stayed on the phone for about 4 1/2 minutes, during which time the shots were fired.

 

"Oh, my God, he's coming in the back door," said the woman, who was not identified, during the call. "Are they on their way because - oh my God, he broke in the glass!"

 

At that point, Mr. Kennedy had walked around the house and broken a window next to the back door. He was reaching through the broken glass to unlock the dead bolt when Mr. Parsons fired three shots through the window with a .38 Special.

 

"Get the ambulance! I shot him," Mr. Parsons said in the background. "He broke his arm in the window, and he was coming in the house!"

 

Mr. May said the panicky call and efforts by the homeowners to deter Mr. Kennedy - they shouted for him to leave several times - offered proof that they were in fear for their safety.

 

The Colorado law states that "citizens of Colorado have a right to expect absolute safety within their own homes," and that lethal force may be used against someone who illegally enters a dwelling with the intent to commit a crime or use physical force against the occupant.

 

"The evidence from the dispatch tape and from investigative interviews indicated that they were both terrified during this incident and were traumatized by these events," said Mr. May in a statement.

 

One point of contention was whether Mr. Kennedy could be considered an intruder, since he never actually entered the home. Prosecutors said that having his arm inside the house constituted breaking and entering.

 

"It doesn't have to be the entire body. His arm was in the house," Deputy District Attorney Gail Warkentin said. "Breaking and entering might have been breaking the lock on the screen door - it could be as little as that - but certainly after he had his arm in the house."

 

Mr. Kennedy's family remains distraught over the shooting, she said. After graduating from high school in 2004, Mr. Kennedy had worked as a golf pro at two Colorado Springs golf clubs.

 

"I spoke to Sean's father, and he's obviously grieving for his son. He told me he wished the homeowner had shown more restraint," Ms. Warkentin said. "He said his son didn't deserve to die."

 

Critics called the Kennedy case a classic example of a fatality that could have been avoided if the homeowner had taken evasive action - for example, leaving the house through the front door - but having a "Make My Day" law on the books makes it less likely that homeowners will do so.

 

"There's every indication that this gun owner could have shouted at this guy, yelled at him," Mr. Vogel said. "Instead, even though he hadn't been harmed, he just shot him. You didn't sense that he and his girlfriend were in immediate peril, and that used to be the standard."

 

Dudley Brown, president of Rocky Mountain Gun Owners, said the couple couldn't have known how violent Mr. Kennedy was, or whether he was armed.

 

"There's no such thing as 'shoot to wound.' That's only in movies," said Mr. Brown, a certified firearms instructor. "They made their best effort to let law enforcement deal with it, but here's a news flash for liberals: The police can't always be there when you're in trouble."

 

Despite the debate, "Make My Day" laws remain popular with state legislatures, with new bills introduced every year to implement or expand such laws.

 

In Colorado, a legislative committee last week heard testimony on behalf of a bill known as "Make My Day Better," which would extend the law to include businesses. But the bill was killed in committee on a straight party-line vote, with Democrats voting against and Republicans voting in favor.

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If this had happened to me, I would have to surmise that the person who is busting the glass in my back door and reaching for the dead bolt to unlock it is, in fact, intent on either causing myself or my wife harm, or is here to steal something that I have worked hard to purchase. In either case, whomever it is that is breaking into my home would receive ONE warning and that is it. The next thing that would happen is them being lit up by a 200 lumen tac light, followed by a loud bang. Here in Ohio, we have the Castle Doctrine and most of us take that very seriously. I have even made and put up signs that state, "Protected by the Castle Doctrine. Enter at your own risk." I don't ever want to have to shoot someone, but would not think twice if I had to do so.

Edited by TR Young
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If I had a gun at the ready... I would not have blasted them until they actually GOT ACROSS the threshold... and at that point made threatening gestures/advances... I also would order them to the ground, at gunpoint... to WAIT for police if they are already " On their way"

 

Maybe if the guy in Colorado would have waited 30 seconds the drunk would have looked around and gone "OH FUCK!!! MY BAD!" and would have just been arrested for disorderly conduct, and made to pay restitution for damages...

 

 

Obviously... if those entering do not comply... and/or are acting threateningly... BANG they will be dead! I have young children in my home... They are more important to me than my own life... and that is how I feel on this topic...

 

:smoke:

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Sorry guys.

I thought it would go straight to the drunk guy vid.....

 

You have it correct Lobo!

 

And I just love that "Make My Day Law" crap.

 

I'd still do her..................

 

Cool. Did'nt want to jack the thread.

 

I know I have been in a few situations in my life that a firearm was used to protect me or property, but have never had to discharge it. Given today's situations and environment and the way criminals are today... I would give them one verbal chance to cease and decist their current actions. After that, the next call would be for a body bag (least that's what I say until I have to be in that situation, never know until it happens).

 

Castle Doctrine is just plain common sense to me. I am not going to sit there and debate if the person is drunk or not or what their intentions are. I do know that the times I have been drunk and locked myself out of the house, I called my roomates, banged on the door, and on several occasions slept in my car or on the door step. And trust me, that had happened quite a few times in my younger days.

 

 

To me, after the fact, I don't think this guy was playing with a full deck of cards to begin with and him not being around anymore, probably allows some other inocent person to be alive. Just the way I look at it.

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What would YOU do?

 

I can't honestly say how I would react. I've never been in that type of situation (knock on wood).

 

But I'd have to go with Indy's response. I think it sums up how I feel about it.

 

 

No one can blame the homeowner though. The sound of you're backdoor glass being shattered would be a :eek: moment. There's no way of telling what the intentions are, of someone who is breaking you're window. Obviously, and rightfully, any normal person would think they are in danger, and react accordingly.

 

Sad situation all around.

 

 

 

(and for the record, in reply to dog's post: I would not have hesitated to sleep with a hot teacher in highschool, and no, I would not be scarred for life as a result. I don't care what modern psychology says. :D )

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Fuck the law. If I had one of those hot bitches fuckin me at the age of 11 I'd be the MAN around town and VERY happy. Try to stop my dick from getting hard!

ANY little dude would be happy until his faggot daddy and mommy said he was taken advantage of unless of coruse he was from CA and a fag in the making.

Thats what little boys do is fantasize about girls and teachers, hell yes. What do you think your son is doing with a sears catalog with the under wear, (Bra/ Panties section) all stuck together? Maybe those porn mags just got there by mistake and check the history on your computor some time. :)

Edited by Jangles
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The story would be a completely different response by the media had it been a rapist or career criminal.

 

 

"What's happening among gun owners is that there's less accountability and less responsibility," said Scott Vogel, spokesman for the Freedom States Alliance in Chicago, which opposes the "Make My Day" laws.

 

Does anyone see the immense irony in this MORON's statement?

 

Less accountability and less responsibility?????

 

The dead douche was shitfaced, risked the lives of hundreds of people on the roads, broke multiple laws, and wound up DEAD after breaking into the wrong house.... WHERE IS HIS ACCOUNTABILITY? WHAT THE FUCK WAS HIS RESPONSIBILITY?

 

Scott Vogel, You're a TOOL and a MORON.

 

Sean Kennedy, your irresponsible behavior resulted in your death. You were held accountable by a triumvirate of .38 specials. :smoke:

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The story would be a completely different response by the media had it been a rapist or career criminal.

 

 

"What's happening among gun owners is that there's less accountability and less responsibility," said Scott Vogel, spokesman for the Freedom States Alliance in Chicago, which opposes the "Make My Day" laws.

 

Does anyone see the immense irony in this MORON's statement?

 

Less accountability and less responsibility?????

 

The dead douche was shitfaced, risked the lives of hundreds of people on the roads, broke multiple laws, and wound up DEAD after breaking into the wrong house.... WHERE IS HIS ACCOUNTABILITY? WHAT THE FUCK WAS HIS RESPONSIBILITY?

 

Scott Vogel, You're a TOOL and a MORON.

 

Sean Kennedy, your irresponsible behavior resulted in your death. You were held accountable by a triumvirate of .38 specials. :smoke:

 

 

+1

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The guy was a candidate for the Darwin award anyway. If he's out on the road with a BAC that high chances are that was not the first time and it would have been a matter of time before he killed himself and probably someone else in the process.

 

Those talking heads can debate it all they want but that "sense of immediate threat" is highly subjective. Those people called 911, yelled at the guy to go away, and reacted when he broke the glass and tried to force his way inside. The truth of the matter is people will react differently. It really depends on their urgency threshold and the amount of risk they are willing to accept.

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I dunno if its the 11B in me, or the "I don't wanna go to real butt-pounding jail" in me, but as soon as I drew down on someone, I'm yelling. Just like on those presence patrols turned into an IED ambush.... you still gotta yell at Hadji to put down the weapon until he points it at you or your battle buddies.

 

So... guy smashes my window in... I've got the .45 and I'm waitin at the top of the stairs. I'm saying:

"GET THE FUCK ON THE GROUND, I WILL KILL YOU IF YOU DO NOT DO WHAT I SAY!" Hell... I might even shoot to wound... unless I saw a weapon. But I figure if I don't try and detain the intruder or shoot to wound if they keep coming; my training is gonna paint me as a weapon in my own right by the opposing lawyer. So, yellin, warning shot... escalation of force... follow the ROE... if they shoot first... game over.

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