Should he be charged?

[JDBoardman]

If this were Texas, and after twilight, then he was justified in using deadly force "to prevent theft in the night time". He may also have been justified in using deadly force to attempt to stop a fleeing felon. The unfortunate point(s) in this situation were that he was successful in neither action. I happen to agree with ColbyBruce that crime should be made extremely dangerous for the criminal, not a lifestyle choice that allows them to feast off of the public.

 

[vigil617]

Didn't it say that the criminal pulled his gun and began shooting as they drove away? Doesn't this citizen have a right to shoot back?

Kim, I'll go back and look again. I don't remember there being any shots fired from the criminal, but I might be wrong. Whether a citizen has the right to shoot back is a much more complex question than it seems to be. Thanks for posting, and I'll look back at the video to see what it says.

 

[rwsmith]

Having the right....

Didn't it say that the criminal pulled his gun and began shooting as they drove away? Doesn't this citizen have a right to shoot back?

There is having the right, and there is also having the good sense in when to apply those rights. The other people in the neighborhood have the right not to get shot at, too.

 

[Shorty 45 MK2]

With respect to your opinion, if no one was injured and the only intent in charging the man is "to make an example" of his poor judgment, maybe an appropriate letter to the editor, written by the prosecutor, warning the readers of the dangers of such deeds might be just as successful. Unfortunately, as prosecutors are politicians, I doubt many would consider sticking their neck out far enough to do that, even though all but the most irrational could plainly see it as being in the best interest of the public to get the information out.

If the fellow lives in a state that requires training for his handgun permit, maybe he should get re-trained?

There are several ways one could handle this situation in a positive way rather than ruining the rights of this man to ever own a gun again. Sometimes the blind application of law just doesn't do the situation "justice." Again, JMHO.

Personally I don't want the guy charged nor to be made an example, but him firing at/into a fleeing car was not an act of self defense. (unless one of the robbers was pointing a gun at him.)

I feel that IMO, that we can't make exceptions, no matter how good the intentions of the person.

 

[SMSgt]

"One of the suspects also pulled out a gun and Bobby took cover before the men sped off in a white sedan."

That's all I needed to see. There should be no charges and "Bobby" needs to shut his trap.

 

[Rpg]

Shooting into a fleeing car is irresponsible.

This guy was a danger to everyone in gunshot range: a mile radius.

He should be charged.

 

[Rastoff]

"No harm done." JMHO.

The ends don't justify the means.

If this citizen was justified in shooting the burglar when the burglar pointed his gun at him (and he was; why he didn't I cannot imagine) it is entirely plausible to argue that he was firing at a fleeing, ARMED felon who did, indeed, pose an imminent threat to the community. Pointing a weapon at someone during the commission of a crime, in this case probably a felonious crime, is another felony, and probably justifies shooting at the car.

***GRJ***

In California you may not use "self defense" as justification if you started the altercation. In this case, Bobby was the aggressor. He pointed his gun at the burglars. It was only after they saw him that they pulled their own guns. Based on CA law, the burglars were the ones defending themselves.

When you shoot someone and kill them, the legal term is homicide. Whether or not you go to jail depends on if it was justifiable or not. In this case, it clearly was not justifiable.

Since no one was actually killed, this is clearly a case of attempted homicide on Bobby's part. He fired his gun in attempt to kill two guys. His shooting was not justified because he started it and they were fleeing when he started to shoot. Therefore, he was not in jeopardy of life or great bodily harm.

Should be he charged? Absolutely! He is guilty, by his own admission, of attempted homicide or at least attempted manslaughter. His carry license, if he has one, should be revoked at the very least.

Should he be put in prison? Absolutely not! That would serve no purpose in this case. A large fine and maybe some mandatory training should suffice in this situation.

If it were me, I would not have presented my gun until they presented theirs first. There is no object on this planet that is worth killing someone over. I will defend myself, but I won't shoot someone for a TV.

 

[Rastoff]

I find it disturbing that some posters want the neighbor charged and punished (which most likely strip him of his right to own firearms) when a armed and dangerous person pulls a gun and then escapes.

The neighbor loses his 2A rights and the perps walk.

No one said the thieves, if that is what they were, shouldn't be punished.

 

[Cpo1944]

Well I hope he doesn`t get into too much trouble because his intentions were good , but shooting at the Fleeing car was stupid. His gun skills are questionable too. Most of us have smart phones with cameras and video capabilities these days and he should have filmed the entire episode for the LE`s , and left his gun in his pocket. With that kind of evidence the perps would probably be in jail today.

 

[feralmerril]

When I was in 3rd, 4th grade I knew this guy. Later in 7th, 8th grade at another school I knew his wife to be. I lost touch but my folks knew them. They got a divorce. He was Posse Comitatus and would come see my folks about it after I left home. Nothing directly about the event, but just to give you a idea how he was. He was a farmer and farmed his old home place. His mom and my mom were friends. I guess his ex and daughter were cleaning him out. He came home and caught his daughter and her boy friend stealing stuff. They ran for their truck and tried driving away. He opened up and killed the boy friend (his own daughter was alongside him in the truck!) I guess she got away but he took the body and buried him in the back 40 in a old indian burial ground on the farm. My dad knew and was distantly related to the sheriff and another officer that was in the deal was a friend of dads. Dad heard they regretted having to arrest him. He did I dont know how many years but got out and was a cook somewhere the last I knew. When we were kids we all got along well. He got pretty right wing and it cost him indirectly.

 

[CoMF]

Agreed, CoMF. My impression is that the perps remained outside when the neighbor approached and that all the activity that occurred afterward was outside as well. More good reason for him to have remained concealed and let LE handle it, hopefully arriving in time before they were through with the stealing.

Sounds about right to me. I guess the moral of the story is know when to act and know when to just be a good witness.

I'm not rooting for Bobby's arrest or incarceration, but I don't see his actions as being "heroic" either. He should consider himself very lucky if he comes out of this a free man with his rights intact and no attorney fees.

 

[Alk8944]

vigil617.

You might not want to hear it, but ""......no "well, I wasn't there, so I don't know" responses, or any pointing out of "we don't know all the facts." "" is the only correct answer! The legal position the man placed himself in is entirely dependent on the statutes of the state in which the event occurred! Notice how few LEOs responded? Can you guess why?

Other than the felony the two "appear" to have been committing another factor is a citizen's "Powers of Arrest" in that state.

What do you suppose the situation would have been if the homeowner had hired the two men to move some items, or they were friends of his? Maybe the one who displayed a gun, apparently after the neighbor confronted them with a gun was a legally licensed Concealed Firearms Permit holder, and only displayed the gun after being confronted by an armed man? Maybe they fled in fear when he began shooting, wouldn't just about anyone?

Bottom line, NEVER base your opinion of an incident on what is reported in the news media, NEVER! Reporters have no obligation to obtain the facts, just enough to tell a story! They are not in the information business regardless of what the "Beknighted members of the Fourth Estate" want you to believe, they are in the business of "Tickling the ears of the public", simply put, entertaining!

The man may have escaped in this situation, but only because the other men probably were acting feloniously and are unlikely to file a report with the local Police. And, also, because he had the good fortune to not injure or kill either of the men. If he had I can guarantee he would be charged and probably be jailed. Not to mention the civil lawsuit he exposed himself to!

Hangnoose said it very well: DON'T ASK FOR OPINIONS WITH CONDITIONS ATTATCHED. (His emphasis and spelling!)

And,

JohnSW,

Your "Here is our law:", and "Here anyone who:" remarks have absolutely nothing to do with the situation for several reasons. First, you don't identify where you are from, so "here" means nothing! And, second, since it is Minnesota Statute, (with excerpts out of context!) this has no bearing on an event that occurred in North Carolina. You would be amazed at the differences in the Criminal Code and Code of Criminal Procedure from state to state.

 

[shouldazagged]

How many people have come home while the poor ol innocent burglars were still in the house and been killed? It happens regular. The less criminals the better. Don't want to be shot, stay out of people's houses.

I stand by what I wrote. Vigilante justice has no place in civilized society, Charles Bronson movies to the contrary not withstanding. We have laws governing legal use of deadly force and responsible gun owners abide by them. This clown was in no danger when he opened fire on a retreating vehicle, and he endangered innocent people who might accidentally have been in the path of his bullets.

I live in a castle doctrine state, Break into my place when I'm at home, or if I catch you improperly in my apartment when I return home, you'll damn sure be taking your chances. I have no use for burglars or home invaders. But it's not my job to thin the herd by shooting someone who is breaking into the apartment next door when the occupants are not at home. Especially if I'm unsure of the situation.

"The less criminals the better"? Agreed, but I'll leave it to others to reduce their numbers by gunfire, unless I or someone close to me is in imminent peril. Concealed carry license training 101.

I take very seriously the responsibility inherent in carrying a gun, and I think doing Lone Ranger impressions is irresponsible.

 

[Muss Muggins]

How many people have come home while the poor ol innocent burglars were still in the house and been killed? It happens regular. The less criminals the better. Don't want to be shot, stay out of people's houses.

Really? It happens, but it's rare enough that every incident seems to hit the national news. Absent more than cursory research, I suspect that deaths by negligent discharges are much more common.

 

[Rastoff]

I think we can assume that the suspects were indeed criminals. Otherwise they would have driven straight to the police station and reported being shot at by a deranged person.

That doesn't justify the shooter's actions or motives. He didn't know that at the time of the shooting.

 

[STCM(SW)]

Intresting case here from last winter.
Guy has his Chevy Suburban warming up in his driveway.
All his equipment is in the back, self employed.
Guy jumps into the truck, starts to drive off. He has his wife call 911 and fires one shot from a 9mm through the back window, his the BG in the back of the head, kills him.
Guy said he though he had a gun, none found.
Truck hits a tree.
He is charged 2ed degree manslaughter.
Jury of 11 woman and one man(Border Patrol agent) find him not guilty.
County must now pay his lawers fee's.

Grandma of BG says " He was just turning his life around(20 chargers of burglary and car theft in his past) and going for a new job the next day"

 

[Rastoff]

County must now pay his lawers fee's.

Did he have a court appointed lawyer?

 

[STCM(SW)]

Did he have a court appointed lawyer?

No, there still hagling over what the rate per hour and some other stuff he should get.

 

[alaskavett]

In the story it is stated Bobby knew his neighbors and they were like family..Based on that, perhaps Bobby KNEW who belonged and who did not belong there. I think Bobby is a great neighbor and should pack up and move to Alaska! I wish I could trust my neighbors, but sadly I can not. I wish I had a neighbor like Bobby! Kyle

 

[Engine 21]

Virgil 617;
Try to play nice with others...we try to be civilized to one another on this forum. Jimmy Hoffa had a good line when questioned - "I'll answer any question you want - you just gotta live with the answer". Of course, he went missing sometime after that.

And, no I don't know where he is, but I do know your looking for a specific, tailored answer that you probably won't get based on the info provided. I do know once you pull that weapon out of the holster and use it - your next move is to contact a C.D. attorney.asap.

I also know I am not John Wayne riding in. The only time my weapon is coming out of concealment is if me or my family is in a life threatening situation.