We have a 'test case'....

[rwsmith]

In Spartanburg County, SC a man shot and killed a 15 year old who was attempting to steal his car. A 13 year old fled and was shot at. A gun was found near the body. They have identified the 13 year old and apprehended him. The homeowner said that somebody had already stolen a car from the residence a day before and figured that the perps came back for more. The Sheriff is to contact the solicitor for advice on how to pursue the case. He also said that bringing a gun to the crime scene gave indications that he may have attacked the home owner. (Home invasion was the words he used)

Below are my thoughts...

I feel that the homeowner used excessive force. He should have called 911 and yelled that the police were on their way. Of course they could have shot at him. I pretty sure that in many states he would be in big trouble for shooting someone in his yard when not physically threatened himself. I will be anxious to see how this plays out. Though I'm sorry that a 15 year old had to learn the hard way, stealing cars and carrying guns is not smart. I believe that the homeowner may have to answer this beyond just making a statement, but will probably be cleared. Now what the community thinks may be a different thing. Somebody may blow this up into a *** story and turn it into a cause.

 

[Donn]

You're right. The homeowner was in no danger till he escalated the situation. No one likes to see their property stolen or vandalized, but that's what insurance is for. Laws vary from state to state, but I'd say this homeowner is in deep excrement.

 

[arjay]

Similar story in the news here too.Couple of 14 yr olds stealing pot plants from a backyard.Both shot with a 22,one dead.The owner sniped them from a second story window.How dumb can a guy be?

 

[Pef]

Not a clue as to whether he acted improperly or committed a crime. I don't know all the facts. Let the DA or jury sort it out.

Too many times we have rushed to judgement and then the facts reveal a different angle that changes the entire story.

If we conduct trial by Internet we'll need to increase our prison space ten fold.

 

[Muss Muggins]

In Spartanburg County, SC a man shot and killed a 15 year old who was attempting to steal his car. A 13 year old fled and was shot at. A gun was found near the body. They have identified the 13 year old and apprehended him. The homeowner said that somebody had already stolen a car from the residence a day before and figured that the perps came back for more. The Sheriff is to contact the solicitor for advice on how to pursue the case. He also said that bringing a gun to the crime scene gave indications that he may have attacked the home owner. (Home invasion was the words he used)

Below are my thoughts...

I feel that the homeowner used excessive force. He should have called 911 and yelled that the police were on their way. Of course they could have shot at him. I pretty sure that in many states he would be in big trouble for shooting someone in his yard when not physically threatened himself. I will be anxious to see how this plays out. Though I'm sorry that a 15 year old had to learn the hard way, stealing cars and carrying guns is not smart. I believe that the homeowner may have to answer this beyond just making a statement, but will probably be cleared. Now what the community thinks may be a different thing. Somebody may blow this up into a *** story and turn it into a cause.

Your point is well taken, but in my never really humble opinion, several important facts are missing from the above description. Enough missing that I wouldn't hazard a guess about whether or not the homeowner was justified in his actions . . .

 

[Arik]

And we have a similar situation here. Not in my town but the metro area. Kids steeling cars. But in this case they are going after cars where the owner has just gotten into the car or just opened the car door. So far they've only went after female owners. Luckily this ended better. Several of the boys were caught by police. All 13 - 15 years old. One 14 year old had a sawed off Remington 700 in his pants.

As far as the OP's story. I would have called the cops. It's why I pay insurance for.

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[DD357]

Pef is 100% correct. Not nearly enough info there to even hazard a guess.

 

[TX-Dennis]

Every state's laws are different in that regard. In Texas you are justified in using force including deadly force to protect your property at night. I'm not sure why the law specifies at night, but it does. The law during daytime is more restrictive in that a reasonable person must believe that he (or another) is in danger of death or serious bodily harm in order to use deadly force.

I don't believe the homeowner would be charged here, but that may not be the case in SC. I hope I wouldn't shoot some one just to save a vehicle. That's what insurance is for.

 

[pittpa]

Limited details for sure. Car owner fatally shoots 15-year-old he says tried to steal vehicle from driveway, sheriff says | Local News - Home


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[Rivoak]

A teenager armed with a weapon, entering somebody's property, to commit a felony, should be treated no differently than a 40 year old serial killer. It is a shame he got killed, but he had it coming to him. If you don't want to get shot, the solution is simple: QUIT STEALING!!!

I know you don't shoot unarmed people for just stealing. When they brought a gun, it was a game changer. Put me on this jury. After the acquittal, the community could help me elect a new prosecutor.


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[Targets Guy]

Good luck to him.

 

[blues7]

Treat 'em like horse thieves. Maybe then the message will be received.

I think it's way too early in the game to be making a judgment one way or another as to the propriety of the actions of the homeowner.

There may be mitigating circumstances which provide justification for his actions. Let's get all the facts before judging.

 

[robertrwalsh]

Like TX-Dennis said, local laws vary tremendously. In CA, where use of deadly force is not generally permitted, he would be in very serious trouble unless he could reasonably claim he thought the dead kid was armed and posed a threat to him. Shooting at the fleeing 13-year old would, without question, be a serious legal problem

 

[Stevens]

Armed 13 & 15 stealing cars from a yard. I wonder to what violent crimes they would have escalated to over the years, taking how many innocent lives?
Sorry, that's my cynical point of view.
Steve W

 

[Kid44]

I've read each post twice and give them serious thought and I have reached the conclusion that the 2 young men were in the process of turning their lives around. (as most criminals are, according to their family)

 

[44wheelman]

Shooting at a fleeing perp.. yikes. Maybe they'll find homeowner justified... just hope he has resources; could potentially be an exhausting waste of time and money.

 

[rwsmith]

My opinions are just opinions...

Not a clue as to whether he acted improperly or committed a crime. I don't know all the facts. Let the DA or jury sort it out.

Too many times we have rushed to judgement and then the facts reveal a different angle that changes the entire story.

If we conduct trial by Internet we'll need to increase our prison space ten fold.

I don't intend to judge, I'm curious and anticipating what trail this will take. Will he be charged with a crime? What will the results be? How will we as gun owners be affected?

 

[Arik]

A teenager armed with a weapon, entering somebody's property, to commit a felony, should be treated no differently than a 40 year old serial killer. It is a shame he got killed, but he had it coming to him. If you don't want to get shot, the solution is simple: QUIT STEALING!!!

I know you don't shoot unarmed people for just stealing. When they brought a gun, it was a game changer. Put me on this jury. After the acquittal, the community could help me elect a new prosecutor.


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We know he was armed only after the fact.

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[Kid44]

Even if it is ruled a justified shooting and the homeowner is cleared of all wrongdoing the family of the dead teen will file a lawsuit on him pretty quick. Still going to cost the homeowner some serious cash.

 

[blues7]

Even if it is ruled a justified shooting and the homeowner is cleared of all wrongdoing the family of the dead teen will file a lawsuit on him pretty quick. Still going to cost the homeowner some serious cash.

Depends on the state law. Some states indemnify the individual from civil liability if he is found to have acted properly within the scope of the law.