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Self Defense or not?

Discussion in 'The Water Cooler' started by MNpurple, Nov 27, 2012.

  1. MNpurple

    MNpurple Die Hard Bowhunter

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    This is an ugly developing story from MN. What do you think, self defense or did he go beyond that? I think it started as self defense but quickly went beyond.

    http://www.startribune.com/local/180853761.html

    "According to the complaint, Smith told police that he heard someone breaking into his house at noon on Thanksgiving. He showed police the window he says Brady and his cousin, Kifer, used to enter his house, which he said had been broken into several times before. Lange, his friend, said he kept his valuables downstairs.

    Smith told police he armed himself with a rifle and a handgun and waited downstairs until he saw the first person's feet, then legs, then hips.

    He said he fired and the first victim, Brady, tumbled down the stairs. While Brady looked up at him, he shot him in the face, according to the complaint.

    "I want him dead," he told investigators.

    He put Brady's body on a tarp and dragged him into his basement workshop and sat back down in his chair.

    Several minutes later, he heard more footsteps and saw Kifer coming down the stairs. He waited until he saw her hips, then fired. She also fell down the stairs, but then his rifle jammed and Kifer laughed.

    That angered Smith. "If you're trying to shoot someone and they laugh at you, you go again," he told police.

    He then pulled out the .22-caliber, nine-shot revolver that he was wearing, and fired "more shots than I needed to." He dragged Kifer into the workshop, placed her next to Brady and noticed she was still gasping for air.

    "Smith stated at this point he placed the handgun under the woman's chin and shot her ... up into the cranium ... a good clean finishing shot."

    He told police neither of the teens were armed but he feared they might have had a weapon
     
  2. fletch920

    fletch920 Grizzled Veteran

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    He went so far beyond self defense that there is absolutely no doubt in my mind that he will spend the rest of his life behind bars. The man is deranged. He would not want me on his jury.
     
  3. Sconley81

    Sconley81 Weekend Warrior

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    Wow, from his own statements the guy obviously took this a little to far. There is protecting your family then there is killing, sounds like he did the later. No reason what so ever do I see "finishing her off" in the matter that he did.
     
  4. Vito

    Vito Grizzled Veteran

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    This ^. From his account of the event, its sounds like there was definitely steps he could have taken short of what he did. He had his mind made up that he was going to kill them. I think its safe to conclude that man is a "threat to society".
     
  5. Hooker

    Hooker Grizzled Veteran

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    Agreed.

    Once the thread is eliminated, it is no longer "self defense".
     
  6. REMYNGTON

    REMYNGTON Grizzled Veteran

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    Holy wow! Definitely beyond defending himself, family, or property. Its clear by his statements that he had malicious intent. There is a huge difference between being armed and defending urself or family and doing what he did. He is definitely "a few beers short of a six pack".
     
  7. brucelanthier

    brucelanthier Grizzled Veteran

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    ...Yes...
     
  8. Tony

    Tony Legendary Woodsman

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    This....... I will say they should not have been breaking into his house and paid the ultimate price ... so sad and sadistic....
     
  9. Hooker

    Hooker Grizzled Veteran

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    This kinda reminds me of the pharmacists story a few years back.

    Although their were many here who stood up for the pharmacists.
     
  10. ISiman/OH

    ISiman/OH Die Hard Bowhunter

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    This story I'd unbelievable, I almost feel bad having to finish off a rabbit after being shot. And this guy did it to a teenaged girl. Insane! There still seems to be something fishy about the story, but this deranged guy deserves to never walk free again.
     
  11. Muzzy Man

    Muzzy Man Grizzled Veteran

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    Cuckoo! Way too far and that story is pretty far fetched to be believable.
     
  12. Finch

    Finch Grizzled Veteran

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    Yeah, he went too far. Not sure I feel "sorry" for the teens though because they ultimately made the decision to end their life by breaking into his home. BUT...they shouldn't have been executed like that once they were incapacitated. Who knows how anyone would react after having their home broken into several times (allegedly). I'd like to think not like this guy though. He should be put away.

    I found this comment amusing by one of the robber's friends. Yeah, try that when someone invades your home.

     
  13. Germ

    Germ Legendary Woodsman

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    Justin do not delete this thread or this guy will get off!!!!!
     
  14. Tony

    Tony Legendary Woodsman

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    Was the dude carrying Skittles? ??

    That will really determine if the guy went overboard.....
     
  15. MNpurple

    MNpurple Die Hard Bowhunter

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    So what would you guys have done in this instance? A guy breaks into your home and is walking down the stairs toward you. Do you fire when you see his hips, wait to see his face, point the gun at him and tell him to get out. Do you pull the trigger for sure? Does it matter if he has a weapon or not?
     
  16. davidmil

    davidmil Grizzled Veteran

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    Murder is what I call it. He never announced his presence or anythinng. The guy is a whack-0
     
  17. brucelanthier

    brucelanthier Grizzled Veteran

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    I put my dog on him then wait for him to ask me to call an ambulance.
     
  18. Hooker

    Hooker Grizzled Veteran

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    I would probably wait till I saw his face, then fire if I still felt threatened. I certainly would not shoot them both in the face after they were incapacitated.
     
  19. Finch

    Finch Grizzled Veteran

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    This. I'd like to think I'd wait to identify my target...it could be anybody for whatever reason. Especially in this case, the shooter seemed to by lying in wait and had the advantage. Having a weapon has nothing to do with whether I shoot or not. If they didn't have a weapon...they probably would be holding one before the police arrived. Don't wanna take any chances of being prosecuted for defending my home.
     
  20. Vito

    Vito Grizzled Veteran

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    There was a story recently about some guy that shot his and killed his son coming home late. He forgot his key and "broke into the house". I'm not shooting unless I know whats going on. You can't take a bullet back.

    He had time to get set up in his basement to shoot people. If it were me, I'm yelling that I'm down there with a gun and that I have called the cops. If they keep coming, then thats a different story, but I'm taking more steps to not have to kill someone I don't have to. This guy wanted to kill these intruders. That is obvious.

    Killing out of self defense and out of anger are two completely different things.
     

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