Self defense or manslaughter?

[4excal]

The gist for the lazy folk...
Bad dudes were crawling back to their vehicle and the homeowner shot several times one dude died later.
What chu all think?
Homeowner charged with manslaughter for shooting at home invasion suspects

 

[218bee]

Easy one...Bad news for the homeowner. Bad guys posed no immediate threat to him. Hope he gets lucky and beats it but it would be a slam dunk in NYS for the bad guys.

 

[GOPerfect]

Not sure...

I do not know Minnesota law. I don't think that there are enough facts to give an honest opinion.

Hope he fairs well through this.

 

[carpediem]

Should have used the home defense grenade....

 

[GOPerfect]

Easy one...Bad news for the homeowner. Bad guys posed no immediate threat to him. Hope he gets lucky and beats it but it would be a slam dunk in NYS for the bad guys.

You know Minnesota's laws? Slam dunk against the Home owner in NY, you sure?

 

[Glenn B]

It would be surprising if he is acquitted based on what I have read so far.

 

[GOPerfect]

So, he is being charged with Manslaughter in the Second....

609.205 MANSLAUGHTER IN THE SECOND DEGREE.
A person who causes the death of another by any of the following means is guilty of manslaughter in the second degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both:

(1) by the person's culpable negligence whereby the person creates an unreasonable risk, and consciously takes chances of causing death or great bodily harm to another; or

(2) by shooting another with a firearm or other dangerous weapon as a result of negligently believing the other to be a deer or other animal; or

(3) by setting a spring gun, pit fall, deadfall, snare, or other like dangerous weapon or device; or

(4) by negligently or intentionally permitting any animal, known by the person to have vicious propensities or to have caused great or substantial bodily harm in the past, to run uncontrolled off the owner's premises, or negligently failing to keep it properly confined; or

(5) by committing or attempting to commit a violation of section 609.378 (neglect or endangerment of a child), and murder in the first, second, or third degree is not committed thereby.

If proven by a preponderance of the evidence, it shall be an affirmative defense to criminal liability under clause (4) that the victim provoked the animal to cause the victim's death.


Not sure if any of this fits.

 

[GOYABEAN]

My when some scumbag trying to invade my home where my family lives wether it be to rob us or kill us all bet's are off
Fuck this bullshit thats why these scumbags keep repeating the same shit over and over I mind my p' and q' don't fuck with me or my family and your health will never be a issue just my

 

[Automan21]

Just goes to show, practice makes perfect. Gotta hit that range more often.

 

[218bee]

Minnesota has a "Duty to Retreat" clause from what I've read. That's the slam dunk here. Again, I hope he beats it but from the info we know, it's not good for him..

 

[GOPerfect]

Minnesota has a "Duty to Retreat" clause from what I've read. That's the slam dunk here. Again, I hope he beats it but from the info we know, it's not good for him..

I take it you did not read Minnesota's law that I posted?

 

[E the massive]

A good lawyer would subpoena the inventory of the vehicle. Any weapons found should be presented to the jury.

 

[GOPerfect]

http://www.handgunlaw.us/documents/MNSPC8_98_86SelfDefense.pdf

Just a bit of research and wow, the info that can be found...

 

[Kwalsh]

Hopefully the people see that the man was defending his family, he had no idea if that man had a rifle or something in his truck

 

[218bee]

GoPerfect, all but 1 of these cases you posted occurred inside the home. Big difference. The one that occurred outside the home (State vs. Johnson) had the Jury caveat that the shooter had to first be attacked. I would think the OP's current Minnesota case doesn't hold water when compared to an "in the Home" attack. The article I read makes no mention of the homeowner being physically attacked. The homeowner already stated the perps were driving away...I wouldn't have taken that shot. Not having being assaulted and perps fleeing....Wouldn't you agree?

 

[4excal]

Should have used the home defense grenade....

Do you mean the..Mowhaaaaawk Greenaaaaade!!

 

[4excal]

My when some scumbag trying to invade my home where my family lives wether it be to rob us or kill us all bet's are off
Fuck this bullshit thats why these scumbags keep repeating the same shit over and over I mind my p' and q' don't fuck with me or my family and your health will never be a issue just my

Not enough emojis..fail!!

 

[GOPerfect]

GoPerfect, all but 1 of these cases you posted occurred inside the home. Big difference. The one that occurred outside the home (State vs. Johnson) had the Jury caveat that the shooter had to first be attacked. I would think the OP's current Minnesota case doesn't hold water when compared to an "in the Home" attack. The article I read makes no mention of the homeowner being physically attacked. The homeowner already stated the perps were driving away...I wouldn't have taken that shot. Not having being assaulted and perps fleeing....Wouldn't you agree?

I know. I read the entire thing. I was replying to the following non-fact. ------>>>>>>

Minnesota has a "Duty to Retreat" clause from what I've read. That's the slam dunk here. Again, I hope he beats it but from the info we know, it's not good for him..

 

[GOPerfect]

Not having being assaulted and perps fleeing....Wouldn't you agree?

I may agree to a point. However, the facts, as we have been told, do not rank to Manslaughter in the Second Degree.

 

[4excal]

 

[carpediem]

 

[218bee]

Got it....thanks for the clarification.

 

[4excal]

 

[GOYABEAN]

Not enough emojis..fail!!

We need more Emoji's

 

[4excal]

We need more Emoji's

I agree to that!

 

[GOPerfect]

Got it....thanks for the clarification.

Don't think I am trying to be a dick, not my intent. I have noticed in my years on the two forums, a lot of very wrong information is put out. I like to research as much as possible and set the record straight.

I will say though, the charges against him can be altered to more closely fit his "Crime".

 

[218bee]

All good...I try and see both sides as well..It will be interesting to see this case's outcome for sure.

 

[JaguarJaguarGolf]

NY is said to have a duty to retreat, but I have been told that there is no duty to retreat in your home or if your are protecting your family. Please weigh in if anyone knows better.

 

[Criticalt]

This is why I suggest the pack of pitbulls home defense. If they get in, they aint getting out.

 

[GOPerfect]

NY is said to have a duty to retreat, but I have been told that there is no duty to retreat in your home or if your are protecting your family. Please weigh in if anyone knows better.

New York has a self-defense law based on the castle doctrine, but it is considered weaker than castle doctrine laws in other states. In New York, a duty to retreat exists in any place outside one’s home. Within the home, the statute authorizes deadly force as long as the resident is not the initial aggressor. Outside the home, however, persons must retreat from attackers if they can do so safely.