Originally posted by hotbakedtater
A couple of things jumped out with this case.
The old man was being terrorized by a band of punks, throwing rocks at his house and car. At several of the links you can see the picture of the old
man.
Irrelevant in my opinion.
Originally posted by hotbakedtater
This happened in the ghetto, a rotten dangerous part of this city (unfortunately there are few places left not touched by the punkage and violence we
see here).
Again, in my opinion irrelevant. It justifies people being a bit more aware of their surroundings yes.
Originally posted by hotbakedtater
The kid was shot in the back.
In my opinion, this is pathetic.
Originally posted by hotbakedtater
My question is this.
Is shooting someone in the back ever justified?
Answer - Yes and No. Tennessean Vs. Garner states Law Enforcement cannot shoot a fleeing felon in the back unless we perceive the felons actions as an
immediate threat to others in the immediate vicinity. Absent this justification, its not a justified use of force.
Civilians have more leeway in this area since they are not acting under the color of law. However, Kentucky has a version of the Castle Doctrine,
which covers house, property and vehicles. Plus I am not seeing a duty to retreat anywhere in their statutes (I might be missing it, im not familiar
with their laws). If a duty to retreat is part of KY law, then once the kid ran, their was no more perceived danger from that person, and deadly force
should not be used.
Kentucky Statute - Use of Force
Originally posted by hotbakedtater
This old man was likely scared, and fed up, and we do not know if he was aiming at the kids back, or if the kid turned after the first shot was fired
and caught a bullet running away from his criminal activity.
Interestingly, the old man, after shooting, picked up spent shell casings and tried to hide the gun.
Does that say guilty or scared?
It says innocent until proven guilty. However, if that is allowed in as evidence, it will be damning. Defense will most likely spin it as part of the
confusion of the situation etc. Personally, the way the story describes it, and based on that description alone, it looks highly suspicious and would
end up in my report.
Originally posted by hotbakedtater
I can see a scared terrorized old man fed up and desperate to stop a gang of punks from vandalizing and terrorizing his property. He has a right to
live without fear. In this neighborhood/part of Louisville, calling the cops could get you killed. Could, excuse me, does.
Maybe he got scared and just started firing to scare them, and had bad aim. It was dark.
My opinions and comments are based on the article provided. I don't like to monday morning quarterback a situation like this because almost always
there is more to the story than what the media gets. The media, when they are missing evidence, pull the leap of logic to finish the article, and
sometimes they are way off.
with that in mind:
It is irrelevant in this case if it was night, daytime, raining, snowing etc. It was kids throwing rocks at a house. Using deadly force in this
instance, based on description, is not valid. His life was not in imminent danger (unless rocks were being thrown at him, then it changes a bit). The
guy could of just as easily went back inside and called the police (I saw where this has happened more than once, but resources are limited as we all
know) while at the same time being a good witness.
He could of attempted to confront the individuals and "detain" them until Law Enforcement arrived. He could of attempted to detain just one person
instead of an entire group.
What jumps out at me though is this guy felt there was enough of an issue to brandish a fire arm, which tells me it was not just a one on one fight.
It also tells me he felt a confrontation could be dangerous. That tells me he should of waited for the Police to arrive, instead of taking action on
his own.
As far as a warning shot goes. There is a reason Law Enforcement does not do this. You take aim and squeeze off a round, their is no intent to hit the
person, but to warn them. What you don't / can't see is the old lady, baby, child, fellow neighbor, officer, firefighter, nun, just beyond the person
you are trying to warn. You hit and kill them.. Now what.
Guns are used for one purpose and one purpose only. If you point it at someone, the intent is to stop the threat, not to wound, kill, etc, but to stop
the threat. Every time you shoot and miss, you could be potentially killing someone on the other side of your target. Even capping off a warning shot
into the air is dangerous, because we all know what goes up, must come down. Terminal velocity at a downward trajectory will still kill someone if
they are hit.
As a private citizen this would annoy the piss out of me. Having kids throwing rocks at my house and damaging my property.
As a Law Enforcement Officer this is a nightmare scenario, and I don't envy the officer working it, the parties involved, or the issues this is going
to create.
My personal opinion is life is worth more than property, no matter the damage. It was a bunch of kids with rocks, running away. No matter how angry
someone is, they posed no threat to the community, or the person who shot and killed a child while he ran away.
Originally posted by hotbakedtater
And, is shooting someone in the back EVER justified?
Yes - when a violent felony is being committed, where the felon is still armed and heading towards any place that can contain other people, shooting a
threat in the back to end the possible threat towards others is justified under law. This is also one of the exceptions TN vs. Garner allows.
It does not matter if it is a civilian or Law Enforcement who observes and takes action. The imminent threat the subject is to others is of top
concern, and action must be taken to stop that threat. (Check your local / state laws for this. Some states require civilians to retreat if they can,
and any action taken against can get the good Samaritan charged).
Shooting a kid in the back for throwing rocks is a cowards way to end a problem. This is in no way a justified response to the issue at hand, and imo
is not justified. I am curious to see if there is more to the story and how the PA deals with this.
My sincerest condolences go out to the family, both, who are now suffering in their own ways.
edit on 15-10-2010 by Xcathdra because: (no
reason given)