Tag Archives: Murder

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.

Thinking ahead

If we get carjacked, as long as you and I can both get out of the car, they can have it; I have insurance. But if either of us can’t get out of the car because we get hung up in the seat belts or something, turn your face away from me and close your eyes because I am going to start shooting. I don’t want his loathsome blood-borne pathogens to get in your eyes.

–my personal policy/Standard Operating Procedure, as related to a former girlfriend who lived near Murder Kroger in Atlanta

A California man shot the carjacker of his van Friday as the carjacker drove away. The carjacker died shortly thereafter and the shooter was arrested for Murder.  Once the threat of Death or Serious Bodily Injury has passed, the time for gunfire has ended.

“Nice people lock their doors.” –my mother

‘Don’t sit around in unsecure parking lots working on your czechbook, writing reports, texting, or talking on the phone.’ –paraphrased from Bill Rogers  and Craig Douglas

“Firearms shall not be discharged at a moving vehicle unless a person in the vehicle is immediately threatening the officer or another person with deadly force by means other than the vehicle. The moving vehicle itself shall not presumptively constitute a threat that justifies an officer’s use of deadly force.” —LAPD Manual Volume 1 Section 556.10 POLICY ON THE USE OF FORCE

Policies, SOPs, or whatever you wish to call them are simply committing to memory, or writing down, actions that you have thought about ahead of time. For some reason, the word ‘policy’ evokes a great deal of resistance on the part of people I talk to about it. Not thinking about things ahead of time is probably the most Serious Mistake Gunowners Make and I will have to add that to the next edition.

In a crisis, the conscious mind has an extremely short life span, probably less than a second. Once the conscious mind expires, either training/practice or the amygdala will take over. Trying to make up a plan on the spot is an extraordinarily difficult task.

Perhaps the inability or lack of desire to think ahead is the reason for the popularity of the OODA Loop. Relying on the OODA Loop implies that you can out-think the situation in the moment. This is just being lazy and an excuse for not thinking ahead. No plan survives the test of combat, as the saying goes, but it is ALWAYS easier to modify a pre-existing plan than to make one up on the spot.

Fighter pilots have been at the forefront of developing policy and procedure for ‘in the moment’ encounters. Their creations over the past century have shown increasing sophistication as they have evolved.

  • Dicta Boelcke, a list of principles, was formulated during WWI by Hauptmann Oswald Boelcke, a German fighter pilot and squadron commander. It is interesting to note that he was killed when he violated one of his own dicta, never close in on a single combatant when others are also pursuing it.
  • Lieutenant Commander Jimmy Thach recognized the superiority of Japanese fighter aircraft in the early days of WWII. To counter them, he developed, using matchsticks on a tabletop, the Thach Weave as a defensive maneuver. Then he tested the maneuver under conditions simulating the disadvantages US Navy fighters would face.
  • No Guts, No Glory, a USAF training document, was written by Major General (then Major) Frederick C. Blesse shortly after the Korea Conflict. It was an explanation of his experiences flying F-86 Sabres against MIG fighters and how to defeat them.
  • Colonel John Boyd wrote the Aerial Attack Study,  which is the most comprehensive manual on fighter combat ever written, in 1959. In it, he methodically worked out all the possible attacks and counters a fighter could make in relation to both bombers and other fighters. His study was heavily based on a thorough understanding of the flying and weapons capabilities of both US and Soviet aircraft.

In every one of these documents, specific principles, procedures, and pitfalls are worked out in advance. Speed of decision in tactical situations is achieved by picking from a list of possible options to best solve an unfolding incident rather than trying to ‘think faster,’ which is physiologically impossible. The distinction between ‘thinking faster’ and picking from a menu of possible decisions escapes many common taters about the OODA process. Boyd’s description of the process is much more involved than generally assumed and explained using a simplistic circular diagram. That circular graphic does no justice to the concepts that Colonel Boyd developed.

OODA.Boyd.svg

In order to make decisions in advance, it’s necessary to think about likely scenarios, at least, ahead of time and decide how to solve them. This includes the legal ramifications of your possible actions. Thinking ahead is a key component of avoiding becoming a victim or incurring a Negative Outcome in the criminal justice system.

no cuffs

John Johnston and I will be discussing this timely topic in more depth on Ballistic Radio tonight. Ballistic Radio is available over the Internet.