Castle Law at question in Montana

[Wetpaperbag]

http://www.ktvq.com/story/28731839/hele ... -intrusion

I bring this up because it may become an issue in our state (if it hasn't already) the way some folks want to protect criminal behavior, and vilify those who seek to defend themselves from the criminal behavior.

[RENCORP]

In before ANZAC and Kj7mfc.

Meh.

That is all.

[H2obouget]

In before ANZAC and Kj7mfc.

Meh.

That is all.

You forgot CurtisLemansky!

[CQBgopher]

Interesting. Should've shot him in the leg until he turned around.

[ANZAC]

In before ANZAC and Kj7mfc.

Dammit!

Anyway, you break into someone's house, you roll the dice.

Would I have done the same thing? Probably not but if I'm on his jury I would be predisposed to a not-guilty conviction if the perp was unknown to the homeowner. (i.e. there was no prior beef involved)

[oldkim]

I don't see how the "Castle Doctrine" applies here.

The intruder is argued as being shot in the back, fleeing from the owner.

Doesn't give details like the BG was shooting as he was fleeing, etc (I'm sure this wasn't the case either).


*Also note that Washington exceeds the standards of just the castle doctrine... as most it's one's home. In Washington it applies to where ever one is legally able to be... so be walking on the street or at home.

*Every state has different language (if they have the castle doctrine or something like it. The key is to know what your state says..)
Some even require you try to flee... Your own home...


*Please remember every situation is different. Just because he was shot in the back doesn't make it illegal... like if he was a threat running to your child's room or shooting as he was fleeing, etc
Sadly, I hope it was the case here... but since he was arrested... I doubt this is the case.

[golddigger14s]

"According to court documents, detectives believe James Stiffler shot Henry Johnson in the back as he was trying to escape through a window at a Canyon Ferry Road home in May of 2013."
In the back, as he was exiting. Not much of a threat.

[CQBgopher]

"According to court documents, detectives believe James Stiffler shot Henry Johnson in the back as he was trying to escape through a window at a Canyon Ferry Road home in May of 2013."
In the back, as he was exiting. Not much of a threat.

Poor Stiffler's mom......gonna be a jailhouse widow. Maybe she needs some company.

[H2obouget]

Montana Law in question...
45-3-103. Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.

Though it looks like it was edited in 2009.
This "Crime" took place in 2007. ...
I can't find the previous version.
But if they are trying him for a 2007 issue, under 2009 laws...I think that he has a good chance of getting it tossed.

Last edited by H2obouget on Mon Apr 06, 2015 6:25 pm, edited 1 time in total.

[Marine3%er]

If some one breaks into your house you should be able to shoot them I don't care if they are trying to flee if there still in the house. Here's a idea DON"T BREAK INTO HOUSES !!! Im tired of people wanting to give criminals a break maybe if a few more were shot others might think twice about doing it. Think about if 8 out of 10 home robberies the perp got shot I bet the number of break-ins would drop

[Old Jim]

The threat was gone when the perp was trying to "escape". Bad shoot.

[os2firefox]

Bad perp shot... sounds good to me.

[waglocker]

How does the homeowner know whether or not the guy was trying to "escape" to arm himself and come back and attack or lie in wait for the police and attack them. I'm with Marine on this one.....the fuck with burglars and and assholes like them. Break into my house and you are screwed, I have no idea what your intentions are whether you are coming at me or trying to "escape".

[oldkim]

The Key.


The thing... is you learn from other's mistakes...

That homeowner did exactly that... he shot the BG (in the back).

Guess what... that homeowner is now arrested. Facing charges and more than likely some time.


It is all about that moment... But once that moment passes... it's called now and now he's facing what he did in that moment.



Here's the bottomline...

Spoiler: show

So, the take away message I send to you... is shoot them while they are facing you!

[H2obouget]

So...

"STOP OR I WILL SHOOT!! Now turn around..." BANG!BANG!BANG!

"Well officer he was facing me when I shot..."