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Thread: Homeowner may be on shaky ground with stand-your-ground defense

  1. #1
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    Homeowner may be on shaky ground with stand-your-ground defense

    ome public dismay erupted after a Fayetteville man was charged with homicide after pursuing and shooting a stranger who earlier threatened him with an assault rifle in his home.
    State police say Mickle Joe Shaffer, 54, of 1065 Mount Cydonia Road, shot and killed 21-year-old Janorris Hughes after the Christmas morning attempted robbery.
    Public discussions about the incident evoke disbelief that a homeowner could possibly be charged for shooting an intruder.
    The shooting comes more than two years after Pennsylvania adopted the "stand-your-ground" or "Castle Doctrine" law. Act 10 of 2011 allows a person to use deadly force in self-defense against an intruder or attacker. It states that people have "a right to remain unmolested within their homes or vehicles" and should not be required "to needlessly retreat in the face of intrusion or attack outside" their homes or vehicles.
    The law is specific in its protection of a person who stands his or her ground in a building or vehicle and outside a building or vehicle.
    According to the state police account, Shaffer went after Hughes once Hughes ran away from the house. Shaffer caught up with Hughes and shot him when Hughes turned to run.
    The elements are present for a stand-your-ground defense, but the timing is off. Shaffer's reported actions conflict with the legal standard:
    Hughes either had to be "in the process" of unlawfully and forcefully entering the house or inside the house after unlawfully and forcefully entering it. According to the police account, a stranger (Hughes) entered Shaffer's home with an assault rifle and ordered the people to a bedroom. Terry "Dread" L.
    Fulton, 36, fought with Hughes. Both Hughes and Fulton ran from the house. Outside the house, Shaffer had the right to use deadly force under Act 10 if he believed that it was "immediately necessary" to protect himself against death or serious bodily injury from an attacker. According to authorities, Shaffer shot Hughes in the back about a half-hour after the attempted robbery.
    Act 10 also requires that a person using deadly force outside a building or vehicle actually see an attacker displaying or using a firearm or a replica of a firearm. Police did not say whether Hughes was armed when he was shot, but mentioned only an assault rifle in their court document.

    read more...................http://www.ydr.com/local/ci_24804345...und-stand-your
    America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards. - Claire Wolfe

  2. #2
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    Re: Homeowner may be on shaky ground with stand-your-ground defense

    When seconds count, the police are more than half an hour away, apparently.

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