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Going Too Far: Self-Defense Vs. Excessive Force

There was a case here in MN a few years ago that perfectly illustrates this point.

A guy was having problems with burglaries in his home. So…he made it look like he wasn’t home; guy broke in, he shot—but didn’t kill—him. Few minutes later, burglar’s girlfriend enters home. Shoots but doesn’t kill her. Both are incapacitated.

So far—clean shoot, imho, and by MN law.

Then, after taunting them for a while…

Yeah. He was recording this.

Anyway, he shoots them both in the head.

And then calls the cops…the next day. After consulting with his brother.

He’s rotting in prison on two life sentences for 1st degree murder, and, imho, rightfully so.
Assuming the events transpired as you related, then yes, he SHOULD have been convicted of two counts of first degree murder, and probably a bunch of other stuff too. :oops:
 
There was a case here in MN a few years ago that perfectly illustrates this point.

A guy was having problems with burglaries in his home. So…he made it look like he wasn’t home; guy broke in, he shot—but didn’t kill—him. Few minutes later, burglar’s girlfriend enters home. Shoots but doesn’t kill her. Both are incapacitated.

So far—clean shoot, imho, and by MN law.

Then, after taunting them for a while…

Yeah. He was recording this.

Anyway, he shoots them both in the head.

And then calls the cops…the next day. After consulting with his brother.

He’s rotting in prison on two life sentences for 1st degree murder, and, imho, rightfully so.


I remember that case. Here is the specifics it and it was definitely pre meditated Murder.

In this case the guy made an audio recording of it and talked the scenario he planned before it happened while he waited.

You can find the recording and it’s pretty disturbing, then to have a Jury hear it I can’t think of any case where someone wouldn’t get convicted



 
There was a case here in MN a few years ago that perfectly illustrates this point.

A guy was having problems with burglaries in his home. So…he made it look like he wasn’t home; guy broke in, he shot—but didn’t kill—him. Few minutes later, burglar’s girlfriend enters home. Shoots but doesn’t kill her. Both are incapacitated.

So far—clean shoot, imho, and by MN law.

Then, after taunting them for a while…

Yeah. He was recording this.

Anyway, he shoots them both in the head.

And then calls the cops…the next day. After consulting with his brother.

He’s rotting in prison on two life sentences for 1st degree murder, and, imho, rightfully so.
That’s where he belongs.
 
Byron Smith was the shooter; happened in Little Falls, MN in 2012.

Feel free to look into the details on your own, but…unless my memory seriously has failed me, that’s the basics.
In this case, I have no reason to doubt the facts as you presented them. I saw nothing in the case that you presented that set off my well-tuned BS detector. ;)
 
Yes, that's a given. However, that particular collection of humanity is not who I referred to.
Yes, my point is that the collection of humanity you are referring to isn't statistically a problem. And frankly, the few cases where some dumbass thinks he can just shoot someone without a justifiable reason serve to remove dumbasses from society. Why focus on a ridiculously minor issue when there are much, MUCH larger fish to fry ?
 
Yes, my point is that the collection of humanity you are referring to isn't statistically a problem. And frankly, the few cases where some dumbass thinks he can just shoot someone without a justifiable reason serve to remove dumbasses from society. Why focus on a ridiculously minor issue when there are much, MUCH larger fish to fry ?
Neither issue is a focal point, or ridiculously minor, IMO; merely making light of both sides of the coin.
 
How many examples yearly you suppose of dumb people shoot people they thought they had legal grounds to shoot ?

I live in a conservative state in a really conservative county and I have seen a few that were pretty bad but the Prosecutor chose NOT to file charges.

One specific example from 1999 was a guy I actually knew from school (he was a couple years ahead of me) he had a lengthy record of petty stuff maybe one strong arm but no weapons. He was about 32 at the time he broke into a body shop he use to work at that was at the owners residence. The elderly owner investigated the noise and the kid rushed past him to escape knocked the guy down and glasses off. As the kid fled outside the owner fired from the hip at the blue and killed him.

The prosecutor didn’t file charges and stated even though he was fleeing the property owner had the right to be there.
 
I live in a conservative state in a really conservative county and I have seen a few that were pretty bad but the Prosecutor chose NOT to file charges.

One specific example from 1999 was a guy I actually knew from school (he was a couple years ahead of me) he had a lengthy record of petty stuff maybe one strong arm but no weapons. He was about 32 at the time he broke into a body shop he use to work at that was at the owners residence. The elderly owner investigated the noise and the kid rushed past him to escape knocked the guy down and glasses off. As the kid fled outside the owner fired from the hip at the blue and killed him.

The prosecutor didn’t file charges and stated even though he was fleeing the property owner had the right to be there.
It's happened around here a couple times over the last 5 years. One was an old guy who waited to draw and fire on a carjacker as he was driving away. No one hurt and I guess the DA didn't want to incarcerate an octogenarian. Another one was about a year ago. Guy saw some crapbag stealing his car out of his driveway, comes out armed and shoots at him as he's driving away. The wife corroborated the guy's story that he only fired warning shots. When they recovered the car there were some bullet holes in it. Guy got charged.
 
You're far more likely to win the lottery or be struck by lightning. I wouldn't worry too much about it Snakey my man.
You are correct, of course, but as Chairman Jeff taught us, "Statistics are of no interest to the person caught in the exceptional circumstance. The man being eaten by a bear does not want to hear how extremely rare bear attacks really are."

Somebody's gonna win the lottery this year, and somebody's gonna be struck by lightning. I'd bet a large amount of money on it. ;)
 
I’m wondering …
Snake = attorney
He Usually sides with safer side of gun play….

Ol @Snake45 mat be a mole for the USCCA and gets a kickback for new members ..🤔🤔🤔🧐🧐🧐

Starting to make sense …🤪
I plead Not Guilty to the first count ("attorney"), Guilty to the second ("Usually sides with the safer side of gun play"), Not Guilty to the third (I have NO connection of any kind with USCCA, much less get a kickback from them).

I've told y'all before: Booya Sam taught me how to think about all this stuff, and I consider it money well spent. ;)
 
It's happened around here a couple times over the last 5 years. One was an old guy who waited to draw and fire on a carjacker as he was driving away. No one hurt and I guess the DA didn't want to incarcerate an octogenarian. Another one was about a year ago. Guy saw some crapbag stealing his car out of his driveway, comes out armed and shoots at him as he's driving away. The wife corroborated the guy's story that he only fired warning shots. When they recovered the car there were some bullet holes in it. Guy got charged.

So this cat shot at his own car…smart……. Not. Like even if he was justified so you want to pay to have all the blood cleaned or the vehicle to be repaired???
 
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