Standards (Part V – Know the Rules)

Deputies: Homeowner arrested after fatally shooting intruder in shower

The man went inside and confronted another man he found in his shower, deputies said. The homeowner left after the two exchanged words.

‘He returned home, retrieved a firearm, came back over to the residence and fired multiple rounds into the shower … killing the intruder,’ said Mason County Sheriff’s Lt. Travis Adams.

The homeowner called 911 and told dispatchers that he had just shot and killed an intruder, Adams said.

It’s not clear how long [the intruder] had been inside the home, but detectives don’t believe the homeowner gave him any warnings before he fired his gun, they said.

Deputies later arrested the homeowner for second-degree murder. They believe he had ample time to call for help when he went back home.

The odds are that the shooter will spend a significant portion of the rest of his life in prison. This is a Negative Outcome. It’s a clear example of how foolish the “I’ll shoot anyone I find in my house” ideology is.

I’ll shoot anyone I find in my house.

Bad idea

When I posted the link to the story on my Facebook page, one person replied that he SHOULD have been allowed to kill the intruder. My response was: “No, adjusting our response to the context of the situation is what keeps us from being savages.” Usually, it makes me cringe when news stories refer to someone being ‘gunned down’ but in this case, I think it would be appropriate. What the shooter did was a savage act of unnecessary lethal violence. It wasn’t motivated by fear for his safety or the safety of his loved ones; rather, it was a senseless expression of emotional outrage. We shoot people only when we have to not because we want to.

Another person commented that it was his property and the intruder had committed the offense of breaking and entering. The question was why wasn’t this a Castle Doctrine case. The Castle Doctrine is not an absolute defense. Reasonableness of your response will almost always be applied as a test of the response’s legality. Gunning someone down while they’re taking a shower isn’t likely to be viewed as ‘reasonable.’ As Massad Ayoob put it in the linked article:

Yes, your home is that castle. However, that doesn’t mean you’re allowed to install an execution chamber.

The number of people who own firearms or other deadly weapons and yet haven’t the slightest clue about the legal ramifications of their use is astounding. Know the Rules needs to be a standard of our conduct just as much as the physical ability to use the weapon. What you might think the rules are or should be is irrelevant. The actual rules are all that are important.

It used to be that reliable information about the legalities of personal protection was hard to come by. Not anymore. There are numerous readily available sources of information about the law. Without leaving the comfort of your home, several good sources are available.

For the lack of reading and understanding a book, the Washington shooter will pay dearly. His legal fees for the trial will most likely cost him everything he owns and he’ll still probably go to prison.

I recently attended the Law Of Self Defense Level I and II classes. They were an excellent legal education resource, tailored specifically to the State I live in, Georgia. The law does not necessarily make sense nor does it have anything to do with what you think it should be. The cost of such training is minor compared to the cost of a trial or even just being arrested on a charge that is later dropped. The optional simulator exercise at the end of the day was also a sobering demonstration of how poorly unpracticed people tend to shoot under stress. LOSD classes are available all over the country and are specifically tailored to the laws of the State they are given in.

LOSD certificates

A benefit of membership in the Armed Citizens’ Legal Defense Network is the training DVDs provided with membership. Once again, you can learn a great deal about the appropriate and inappropriate uses of forces without having to leave your living room.

Don’t guess, don’t listen to the foolishness you read on Internet Forums, and don’t make decisions based on what you think the rules SHOULD be. Invest at least a little of your resources and find out what the rules really are. It’s true that most situations are fairly cut and dried and work out legally for the defender. The issue is that when things go bad, they tend to go really badly. The rest of your life can easily be at stake. Very few of us would look forward to spending decades in the can (prison) without a Man Lock by McGard.

McGard Manhole ad crop

Perhaps the most unintentionally funny advertisement ever.

Also, if you’ve taken a State CCW class, the one hour briefing when your eyes glazed over doesn’t count as any kind of meaningful legal education. Don’t confuse that with education that actually teaches you how to apply the law to your personal situation.

Fair disclaimer: I was a guest of LOSD for the classes and didn’t have to pay for them. However, no promotional consideration for my recommendation was offered nor accepted by me.

Endnote: The intruder in Washington was probably a confused drunk. That’s not going to go over well for the shooter, either.

8 responses

  1. That is a bizarre story, I’d like to know how long the home owner was gone and where he went. Is there a connection between him and the “intruder”

  2. It’s important to know the statutes in your specific jurisdiction and how they are applied by local LE, prosecutors, and courts.

  3. “If you act to the standard by which you know you will be judged, you should not be found wanting in the judgment.”

    – Massad Ayoob, “Deadly Force – Understanding Your Right to Self-Defense “(2014), p. 22

    https://books.google.com/books?id=kleYCAAAQBAJ&pg=PA22&source=gbs_selected_pages&cad=3#v=onepage&q&f=false

  4. Thanks very much for your timely and sobering article. You did a good job of pointing out the fallacies that many of us have had in our heads. I think many of us will be spared jail time if we but pay attention to your advice.

    Thanks again!

  5. David and Anne Gibson | Reply

    Very well done, as usual.

    Sent from my iPhone

    >

  6. Law of Self Defense | Reply

    Thanks for the kind comments, Claude! 🙂

  7. I do believe the Washington State homeowner in question may soon find himself in a situation that will require the purchase of a Manlock.

  8. Claude, the followup FB comments are just as telling as the incident itself. I’m going to guess that the people who do not like current laws are probably the same ones who don’t get involved in the work to get them changed.

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