Shooting a home intruder

[JoeB1]

Well everyone it's me again

I was wondering, if I discover an intruder in my house at night (I guess any time would work), what would happen to me if:

a) I shot him dead
b) I shot him and wounded him
c) I used my sword and killed him
d) I used my sword and wounded him
e) I did nothing and let him have his way with my wife and kids

I heard many different answers and do not know what to believe. I know it varies from state to state, I am in Ohio. Oh and I do have a sword and it, like my gun, is always loaded.

And what would you do (as a police officer) if someone broke into your house? Maybe that isn't a good question as you are trained to subdue suspects and I am not.

[HookandBook2]

Personally, if I found an intruder, I'd shoot him dead. I have no problem with this. However, states laws disagree. But, I'll leave the 'law' part for someone else (Only because I am lazy and don't want to research). Or, if I had a sword, an elegant slash or two would not hurt.

As for (e), I am sure you'd feel like SH*T. I know I would. I would to anything to protect the wife & kids, even if it means doing jail time. Of course, if the inruder is clearly there to harm you and/or other people, I don't know of any state/federal law that prohibits you from doing what you gota do.

[txinvestigator1]

Interesting question. I'll have to answer regarding Texas law.

Deadly force is deadly force, it matters not what the weapon is.

As far as someone in my home Texas Law reads:


Texas Penal Code
§9.42. Deadly force to protect property.

A person is justified in using deadly force against another to protect land or
tangible, movable property:

(1) if he would be justified in using force against the other under Section
9.41; and

(2) when and to the degree he reasonably believes the deadly force is
immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery,
aggravated robbery, theft during the nighttime, or criminal mischief during the
nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary,
robbery, aggravated robbery, or theft during the nighttime from escaping with the
property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or
property would expose the actor or another to a substantial risk of death or serious
bodily injury.

Use of Force Chapter 9.41:

Text
§9.41. Protection of one's own property.

(a) A person in lawful possession of land or tangible, movable property is
justified in using force against another when and to the degree the actor reasonably
believes the force is immediately necessary to prevent or terminate the other's trespass
on the land or unlawful interference with the property.

(b) A person unlawfully dispossessed of land or tangible, movable property by
another is justified in using force against the other when and to the degree the actor
reasonably believes the force is immediately necessary to reenter the land or recover the
property if the actor uses the force immediately or in fresh pursuit after the
dispossession and:

(1) the actor reasonably believes the other had no claim of right when he
dispossessed the actor; or

(2) the other accomplished the dispossession by using force, threat, or fraud
against the actor.

So, it is lawful, in Texas, to use deadly force against a person in the process of burglarizing your house. There is no requirement to retreat.

Personally, I would not kill a person simply burglarizing my house. I have guns and other deadly weapons (no swords, gotta get me a sword!) that I would not hesitate to use if my family's lives were in danger.

To answer your questions;

a. The police would refer the case to a Grand Jury (always in a homicide) The Grand Jury determines if it is Justifiable.

b. Probably no action by DA.

c. See #a

d. See #b

e. See your maker.

[Charlie]

JoeB1--First of all, I think it is irrelevant whether one uses a sword or a gun (use of either one is likely to be viewed as a form of deadly force anyways) against a would-be intruder. I think the classic "wounding versas killing" arguement is ridiculous. Cops are generally taught in perhaps most academies to use force or deadly force under the appropriate circumstances to "stop the threat." Once the threat is no longer present, regardless if the person is dead or alive but wounded, the use of force should stop.

To hopefully make my point clearer, example: if you had an intruder in your house and you decided, "I am going to kill this person." Does that mean, even after they are no longer a threat to you or your family and they are down you would shoot or stab them repeatedly until they expire???:eek:

As for the question about the suspect(s) having their way with your family: generally I think most any man or woman would do whatever they could under the circumstances. I mean, there are no absolutes and there is no one fix all to given problem. I think there could possibly be a circumstance where a someone MAY be in a position, due to the overall circumstances, where they cannot do anything at that moment to protect their families. BUT, I think most anyone, especially if their family is in immenent danger, would do virtually everything possible, including risking their lives to confront and eliminate any threat to their family members.

There are situations, without a doubt, where deadly force with ANY object (gun, sword, knife, baseball bat, whip, stick, club, etc.) would be authorized by law. Avoid this B.S. rationale of intending to "wound" or "kill" the suspect(s). It's all about STOPPING THE THREAT. IF, while using deadly force to stop the threat from a suspect, they are wounded or killed, then that's the way it happens. Often times, one cannot control the final outcome of what happens to a person when deadly force is used. They MAY end up dead or wounded. Remember, the issue is STOPPING THE THREAT. (I'd suspect Ohio law concerning this issue has a similar view but I don't know for certain you'd have to check).

As for what would I do even though I am a LEO? I would do whatever is necessary to protect my family which includes deadly force. Even though I may have a lot of training, I am not by any means a superman or some kind of Kung Fu expert. Without a doubt, if training can somehow help me in such a grave situation, I would use it. But there is no magical formula that everyone can use in this kind of situation.

Keeping in mind what I have said in the above paragraphs:

If you are involved in this kind of situation and act in reasonable defense of your home/family, I would doubt you'd be charged with a crime. However, you would be investigated and asked a lot of questions. Perhaps even taken to the station AND, your case might be referred to a Grand Jury. I doubt you would be charged.....

That's a short version of what I generally think about this issue.

Hope my point is understood and well-taken.

Charlie

[Mac]

If you ever shoot an intruder, just remember to say I was in fear for my life. Don't deviate from that. Try and dial 911 and remain in your room. If the intruder enters your "safe" zone, then take appropriate action. Look up your states laws pertaining to the use of deadly force and hope you are never put into that position.

Mac

[txinvestigator1]

Mac, I can't remain in my room, I have a 6 year old daughter who sleeps down the hall.

I have to get to her.

We have rehearsed. My wife takes firearm 1 and protects our room while calling 911. I take firearm 2 and and go get my daughter.

Wife tells 911 that daddy is armed, gives a description and tells them I am going to get my daughter.

We have a code word worked out that allows me back in our bedroom.

We also have an alarm that sounds while the BG is on the outside of the house.

[Stump]

TX,
Excellent idea. You guys also have it worked out that you will listen and secure the firearms before stepping out to talk to the police, right? I have been on many a call with people who have armed themselves, and it is very frustrating that they will not put the weapon down once the threat has been terminated....
My own personal feeling is that I don't think I could ever shot someone, even in this circumstance. I have never owned a gun, and have only shot with shotguns (no pistols). I don't know if it is because of my lack of experience with firearms that makes me nervous, or if I just would be unable to defend myself in that manner. At this point, I believe me with a gun will just make another weapon that the criminal can use against me. (I can remain calm in stressful situations, so it is not a matter of me "freezing" or becoming emotional).
Because of all the police shootings we have had here lately, do you guys think that being LE would make a difference in how the public would react if this situation should ever occur?

[Mac]

TX, you have to respond to a given scenario as you see fit. My advice was general in nature and directed to single women.

Mac

[sorrel]

I think the safest thing to do, is get a big dog. lol, hey that is what i have, works well too even though he is a gentle golden ret. he is big, fixed, and strangers do not get out of their cars at my house.

[JoeB1]

My dog is a whimp, she's old fat and deaf as a post. Most likely she wouldn't even hear the intruder and if she did, she would only hide.

I was thinking about training my cat to guard the house, after all he's quick with thoes claws

[sorrel]

I still think the dog is the better bet, they don't talk back.

[txinvestigator1]

Mac,

Oh. didn't know that.

Stump. 911 dispatch will be advised that I am armed, and upon their arrival I will secure my weapon and identify myself by name and address. (unlikely a BG will know my address and be able to fool the police)

We received training when I was an officer how to respond to on-duty officers if we had a situation while off-duty. Also as I am a licensed Personal Protection Officer (plain-clothes armed body guard) we practice how to react if LEO's become aware of us being armed, or if we are in a situation where we draw/use our firearm and LEO become involved.

[ttaylor40353]

In KY if someone is on your property you can not use deadly force. But if an intruder is in your home, you can use all the deady force needed to protect you and your family. If someone breaks in my house and i can clearly see a weapon, i will unleash hell on them. But if i cant visably see that their intention is to hurt someone in this residence, then well i would probably just take off a limb. So either way if you dont have a key your screwed. LOL

[besafe2]

If an intruder breaks into your home while you are there he is not an ordinary burglar. He is the worst of the worst. He is not there for "trick or treat". Do whatever you have to do to save your life & that of your family.