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Paula

By Paula,
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Deerthug Newbie

Deerthug

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I don't know about Oklahoma but in NY as long as the perp is still in your house and you fear for your life you can shoot first and ask questions later. If he runs outside and you chase him and then shoot, then you can be charged probably with some degree of manslaughter.

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Big Indian Enthusiast

Big Indian

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I am surprised they didn't tell us what a great person he was and show some picture of him making Holy Communion. News always tried to twist the facts and blame the victem. This one ended right!!!!!!!!!!

ya, I always love those stories when you see the Communion or Graduation pics of some perp, and upon further investigation their rap sheet is longer than a cross country road trip

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DTG3k Newbie

DTG3k

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I am surprised they didn't tell us what a great person he was and show some picture of him making Holy Communion. News always tried to twist the facts and blame the victem. This one ended right!!!!!!!!!!

You are absolutely right. Its really surprising how so many gang related killings are of straight A students, who were in the wrong place at the wrong time. Or cases of mistaken identity. :rolleyes:

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Paula Mentor

Paula

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Posted (edited)

I am surprised they didn't tell us what a great person he was and show some picture of him making Holy Communion. News always tried to twist the facts and blame the victem. This one ended right!!!!!!!!!!

I honestly thought they were going to have his family crying at the end say how good he was and no matter what that he or anyone didn't deserve to die like that.

and how scared was the other guy, he turned himself in . . . lol

Edited by paula
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G-Man Veteran

G-Man

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Since when is a 12" knife used in hunting?? hunting knife??? I can't imagine trying to gut anything with a 12" knife... Glad she protected herself! feel bad hunting was even mentioned in the story.. maybe a 12" butcher knife ..... then every one could hade butchers instead of hunters...

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burmjohn Newbie

burmjohn

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I don't know about Oklahoma but in NY as long as the perp is still in your house and you fear for your life you can shoot first and ask questions later. If he runs outside and you chase him and then shoot, then you can be charged probably with some degree of manslaughter.

Does the perp have to have a weapon and do they have to be facing you?

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Red Experienced

Red

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]i was just reading this online and thought i would jumpon here and post then thought i better look first it might already be up lol. what a great story im glad she protected her and her baby they got what was coming to them.

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Deerthug Newbie

Deerthug

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Here is the link to self defense gun laws in NYS.

http://selfdefenses.com/forcespray/SD-law.html

In a nutshell, if you are in your house and you reasonably believe that you or someone else with you in the house is being threatened by physical force, or that the person is about to commit kidnapping, forcible rape, forcible sodomy or robbery, then you have the right to use deadly physical force (gun). There is a general duty to retreat if the perp clearly voices his/her intent to leave or terminate the crime EXCEPT if you are in your home and you are not the initial aggressor then you don't have that duty to retreat.

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Deerthug Newbie

Deerthug

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Elmo, Here is the exact wording of the statutes regarding your scenario:

2. A person in possession or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical force upon another person when he reasonably believes such to be necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission by such other person of a criminal trespass upon such premises. He may use any degree of physical force, other than deadly physical force, which he reasonably believes to be necessary for such purpose, and he may use deadly physical force in order to prevent or terminate the commission or attempted commission of arson, as prescribed in subdivision one, or in the course of a burglary or attempted burglary, as prescribed in subdivision three.

3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary (ransacking) of such dwelling or building, may use deadly physical force upon such other person when he reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.

I certainly would consider ransacking an attempted burglary not to mention criminal trespass. I would pull the trigger first and then ask questions.

Edited by Deerthug
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