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My County DA recommends shooting in direction of intruders to scare them

Discussion in 'Cop Talk' started by nitesite10mm, Sep 20, 2011.

  1. nitesite10mm

    nitesite10mm Dog Lover

    2,650
    542
    Jun 9, 2006
    North Alabama
    http://www.decaturdaily.com/stories/Taking-a-bead-on-intruders,85232

    Basically, a rural area at the junction of two corners of two counties is having a rash of break-ins. Like 45-50 in the past couple months. Residents are buying up guns like mad, wanting (and getting) pistol permits, and asking gov't officials when it's OK to shoot.

    So the first-term sheriff and the county DA show up at a town meeting to answer questions.

    Sheriff tries to answer direct question(s) which she handles sorta okay, but then the DA steps up and says that it's OK to shoot to scare 'em... Well, I'll just let you read the newspaper excerpt:

    "One man said his wife and children spend a lot of time at home alone, and his wife is armed.

    “I’ve told her if someone pounds on the door to not be afraid to shoot,” he said.

    Franklin
    (me: she's the Morgan County Sheriff) responded that in Alabama people have the right to protect their property and home and “to shoot if you’re in imminent danger, but we don’t go around shooting people for knocking on doors.”

    (I guess she didn't elaborate much about what "being in imminent danger" exactly means, and she failed to stress that we don't/can't protect property with lethal force)

    Morgan County District Attorney Scott Anderson underscored Franklin’s assessment.

    “I have guns in my home,” he said. “But I don’t intend to shoot if they’re only knocking.

    “The test is do you have a reason to be fearful of your life or someone else’s. For example, taking a lawn mower is not a reason to shoot someone.

    “You can use physical force but not deadly force. Shoot in their direction. It might scare them away. It boils down to a reasonable standard.”
     
  2. ray9898

    ray9898

    14,211
    1,434
    May 29, 2001
    Georgia
    Wow. You would figure the DA would have a better grasp on the law.
     


  3. Warning shots?


    I wouldn't shoot in their direction to scare somebody.

    But since you can't shoot to defend property then what are you supposed to do?

    Here in Tx we can defend property, but I doubt I would shoot someone for it.


    Time to get a big dog, or three!

    Is it different if the burglar has a gun? Can you shoot him then?

    Or since you can use force but not deadly force, then maybe get in his way and when he comes toward you then you can shoot.

    But still, it may be easier/safer just to let your insurance buy you new stuff.
     
  4. With some people's luck, an intentional warning shot will accidentally hit and kill the intruder.

    Hope the DA wasn't suggesting to shoot through the door, without knowing who is knocking. Not sure if the legal defense of "the DA told me it was OK" will fly, especially if that same DA will probably be asked to recluse himself from the case.
     
    Last edited: Sep 20, 2011
  5. KennyFSU

    KennyFSU What to wear...

    1,838
    19
    Mar 14, 2011
    Florida
  6. OldCurlyWolf

    OldCurlyWolf

    767
    7
    Aug 7, 2010
    Not really. I like his interpretation of the law, except the "to scare" part.

    Around the time my grand parents were born, If someone shot a thief on their land trying to steal a mule, or horse or cattle or whatever, the sheriff would have said: "I see you got him. Now I can close some cases. Thanks".

    It should still be that way.
     
  7. nitesite10mm

    nitesite10mm Dog Lover

    2,650
    542
    Jun 9, 2006
    North Alabama
    Some of the comments below the online e-article somewhat reflect this perspective.

    How close, really, is "in their direction"????????????
     
  8. +1....Ah, the simpler times / simpler life.......and the Sheriff gave them replacement ammo for the "next time".....:whistling:
     
  9. ...and it wouldn't fly in some of the more liberal / left leaning parts of the U.S...Imagine a DA making statements like this in NYC, SF or (insert your city here)...:shocked:
     
  10. Bluestreakfl

    Bluestreakfl

    616
    0
    Feb 22, 2011
    This! ^^^^

    If it were like this I think scumbags would think twice before committing crimes.


    OutdoorHub Mobile, the information engine of the outdoors.
     
  11. lawman800

    lawman800 Juris Glocktor

    The thief should be shot on sight and his family billed for the cost of the replacement ammo and the costs to the state for everything. Police response. Coroner inquiry. Medical transport. Burial. Everything.

    Then the paper should post the scum's pic and state what a piece of **** he is.
     
  12. series1811

    series1811 Enforcerator. CLM

    Shooting at him is shooting in his general direction. :supergrin:
     
  13. Dragoon44

    Dragoon44 Unfair Facist Lifetime Member

    19,233
    2,252
    Apr 30, 2005
    I think the Da is right and if would try to do exactly what he says. I would try to miss his right ear by about six inches. (So the round would impact right in the middle of their forehead.)

    :cool: