Homeowner shoots intruder who was not pregnant...

Might be the first time I side with the person carrying the gun in stories like these.
 
The man was straight up victimized in his own home....put yourself in his shoes. Your rage is going to be out of control.

Like I said before...if you're committing a crime, you assume the risk that's involved.
 
The couple shouldnt have been in the house in the first place; if they are brave enough to trespass, they should be ready to deal with the consequences
 
As always...it depends...largely on the court as to who the burden of proving wrongful death or self-defense. Most (more than half) place the burden of persuasion on the defendant, but a lot of jurisdictions (stand your ground states mainly) place the burden on the plaintiff, rationale, if it was self-defense, it wasn't wrongful death, so you must prove it's not self-defense.
Conclusion

In jurisdictionswhere the question of the allocation of the burdenof proof on the issue of self-defense in a wrongful death action has not yet been decided, it is to be expected that the choice between the "majority"rule and the one adopted by the Texas courtwill dependon the dispositionof the particularappellatecourt to treat self-defense either as a plea of confession and avoidance or to treat the negation of self-defenseas a step in the plaintiff'sproof that the homicidewas a wrongful one.

It seemslikely,however,thatwhentheplaintiffhasshownthatthedefendant intentionally killed the decedent, the defendant will then have at least the obliga- tion of going forwardwith evidence tending to show self-defense, whether or not it devolves upon him ultimately to persuadethe jury, or the court in a non-jury case, that the homicidewas justified.
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California Law Review Robert Daggett

*Full article also throws in, in criminal trials the burden is on the State to show ("more likely than not") the death was in fact a homicide because, before he can assert a self-defense the state must show he actually committed homicide, and committing a homicide in self-defense is not actually committing a homicide. I only kind of understand how the actual process works, I'll let ya'll know more in may lol.

As far as shooting someone in the back because they are on your land. There is a famous court case, a tort case, where a man shot a robber in the back, he was not convicted of wrongful death/homicide because he feared for his life, he said he didn't know if someone would jump out of the bushes.  Remember, the law is interpreted at the time the event happened, not at the result of what happened. Just because there wasn't someone else on the scene in fact, doesn't mean you don't have a justified belief that a person was in the bushes....in this case he saw two robbers...well three robbers...zinggggg..no idea what other dude was going to get. Plus, now other dude can be charged with the murder under the felony murder rule.

Also, doesn't matter that she was pregnant or that he was old (legally) you "take the victim as they are."

Long story short, in this jurisdiction, he walking, rather easily.
 
Hope the man doesn't go to jail :smh:

No such thing as neutralizing a situation when you were the one getting robbed in your own home (technically yes by law but not as the current victim)
 
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No sympathy for anyone involved in this situation, really. This obviously wasn't a dude defending his property.  This was a dude that was heated about being robbed and wanted vengeance at any cost. 

Lock them both up.
 
Takes a special kind of coward to murder a defenseless woman pregnant or not

I hope he spends the rest of his life in a jail cell
 
If you break into somebody's house you have to know there will be consequences up to and including losing your life. And I don't believe in that "just go for the lower body" BS. No. If you pull a gun on another person you better be ready to hit dead center mass or you might as well not use it at all. But that just might be my military background and training, I don't know if others might feel it's ok to brandish a firearm just to intimidate like they do in movies/tv like its nothing.
 
Mr Marcus said:
Unless I'm missing something that man had every right to shoot her

Only victim is the baby but the man/woman thought robbing this old man would be easy. Tired of old people getting got so props to that man
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The court system may determine if he had "every right to shoot her", but I get what your saying.  Like I was saying earlier, this may be more about REVENGE than actual self-defense, given when the woman and her unborn baby were when they were killed.  They were off the man's property.  It was beyond idiotic for a pregnant woman to break in someone house. 
 
Well he executed her. He didn't kill her in self defense. Defense was injuring her and then calling the cops and retreating to safety. So if I were on a jury I'd convict him.
 
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Was she actually pregnant though?

I guess it doesn't really matter. If you choose to commit a crime like home invasion, you should be prepared for whatever befalls you. You can't expect people to show restraint when obviously you have none. There are those out there that may be able to but you can't look for sympathy if you happen to run into someone who won't. World is full of killers. Some are criminals, some have the 2.5 kids and picket fences.
 
blakep267 said:
Well he executed her. He didn't kill her in self defense. Defense was injuring her and then calling the cops and retreating to safety. So if I were on a jury I'd convict him.
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he did the world a service; you think they weren't gonna rob another spot?
 
If I were the old man, I would have done the exact same thing just for peace of mind. I'm at the end of my life, I don't want to be worrying about whether they are going to come back or not.

"Shut the F up and let me die in peace"
 
Comparison Ford said:
 
No sympathy for anyone involved in this situation, really. This obviously wasn't a dude defending his property.  This was a dude that was heated about being robbed and wanted vengeance at any cost. 
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this...

wouldnt surprise me if baited them to his property, just so he could get away with something like this...guy was probably one of those angry at the world types...

"A Minnesota man who shot and killed two teenagers during a robbery ended up being convicted on Tuesday of premeditated murder. Byron Smith, age 65, had claimed that he was only trying to defend himself while the two teens broke in his home in the town of Little Falls, Minnesota back on Thanksgiving Day 2012. Smith’s attorney exclaimed Smith was fearful after numerous thefts.

However prosecutors contended that Smith was waiting in his basement and anticipated killing the teenagers. There were a total number of nine shots fired at Nick Brady, age 17, and Haile Kifer, age 18."

Read more at http://guardianlv.com/2014/04/minne...bery-convicted-of-murder/#bybOIQr1dce46keL.99"
 
old man killed the dude's girl/friend, he's coming back for revenge.  Dumbass like him taking his pregnant friend to rob an old man, he'll be back.

Old man gonna be in trouble though, if you shoot someone in your home, he'd be alright.  Chasing after them to kill them though, not a good idea.
 
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