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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsMan kills stepdaughter, may have thought she was a burglar
CBS/AP / December 23, 2013, 4: 02 PM
Man kills stepdaughter, may have thought she was a burglar
COLORADO SPRINGS, Colo. - Police say a 14-year-old Colorado girl was killed by her stepfather after he fired a gunshot, apparently thinking she was a burglar.
According to CBS affiliate KKTV, the incident happened at around 6 a.m. Monday.
Colorado Springs police spokesman Larry Herbert said the girl's stepfather fired the weapon, but said it was unclear if he had in fact mistaken the girl for a burglar.
The station reports police got a call about a "burglary in progress"
The girl died after being taken to a hospital.
The stepfather hasn't been arrested and it will be up to prosecutors to decide whether charges should be filed. Colorado's so-called "Make My Day" law allows residents in many instances to forcefully defend themselves against home intruders.
More:
http://www.cbsnews.com/news/colo-teen-killed-by-stepfather-who-thought-she-was-a-burglar/
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(556 posts)savalez
(3,517 posts)Blanket Statements
(556 posts)kelliekat44
(7,759 posts)SammyWinstonJack
(44,129 posts)Ed Suspicious
(8,879 posts)catbyte
(34,341 posts)raccoon
(31,105 posts)Bjorn Against
(12,041 posts)He did not even know who he was shooting, but he intentionally pulled the trigger and shot the person anyways. He may have regretted his actions afterwards but it was no accident, he intentionally shot her and he needs to be held accountable.
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(556 posts)savalez
(3,517 posts)Blanket Statements
(556 posts)Iggo
(47,537 posts)You said it was a tragic accident.
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(556 posts)That would make it an accident
catbyte
(34,341 posts)Duckhunter935
(16,974 posts)He pulled the trigger but failed to follow basic firearms safety.
Blanket Statements
(556 posts)Doesn't make it criminal, though
Marrah_G
(28,581 posts)But the NRA keeps pumping out the money to keep any sort of regulations pertaining to guns off the books.
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(556 posts)Marrah_G
(28,581 posts)You know...so you don't shoot your own CHILD.
savalez
(3,517 posts)the "make my day" statute not being applicable when they are wrong about who they shot? It seems to me that an "I know my rights" attitude can lead to a shoot first ask questions later situation.
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(556 posts)Bjorn Against
(12,041 posts)It is pretty common sense, if you are going to claim self defense then you sure as hell better be able to show it really was self defense. Innocent until proven guilty needs to be applied to shooting victims, if someone takes another person's life then they damn well better be able to show it was justified. Oops should not cut it when there is a dead body and a smoking gun in the shooter's hand.
Blanket Statements
(556 posts)Until they so something?
Bjorn Against
(12,041 posts)They should also assume that they don't need to start shooting before they are even aware of the situation.
Blanket Statements
(556 posts)What if he was wrong?
Bjorn Against
(12,041 posts)Shoot first ask questions later is never a good idea.
Blanket Statements
(556 posts)And she ended up raped by an intruder, that would be the better outcome?
LonePirate
(13,409 posts)Blanket Statements
(556 posts)Ed Suspicious
(8,879 posts)I'll take my chances and ask who's there before I pull the trigger.
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(556 posts)Ed Suspicious
(8,879 posts)pitbulls to keep back the impending hordes, and I don't carry guns. I might ask who goes there, but any attempt at damaging the other person would be after confirmation.
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(556 posts)After the fact
uppityperson
(115,677 posts)A win win situation all the way around, right?
just in case anyone takes me at all seriously, it is sarcasm
LonePirate
(13,409 posts)If I am living with several other people and I hear a noise at 6 in the morning, I am going to think someone woke up and was making breakfast. My first thought is not to grab a gun and start blasting people. What's with the shoot first and ask questions later routine?
Besides, when do burglaries occur at 6 am on a winter morning in Colorado? That is such an odd time for a burglary.
This guy needs to be locked up on some sort of homicide charge. He certainly needs his gun rights revoked.
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(556 posts)LonePirate
(13,409 posts)You evidently have not lived with children if you are willing to defend this loser because he overreacted to a noise when an any rational person would have automatically thought it was a kid or spouse.
Blanket Statements
(556 posts)We don't know if he was startled and pulled the trigger or just shot at what he thought was the intruder.
We also don't know what kind of neighborhood he was in
LonePirate
(13,409 posts)He was living with a child and unexpected noises are daily if not hourly occurrences when you live with children.
This guy was a trigger happy, paranoid, irresponsible parent. He should never be left around children or guns ever again.
Blanket Statements
(556 posts)His call to 911 is evidence of that
LonePirate
(13,409 posts)The 911 call could simply be a cover story he concocted to cover up the murder of his stepdaughter.
All we know is that he called 911 due what he thought was a noise or burglary. We do not know if the victim was killed before or after the 911 call.
Blanket Statements
(556 posts)Before we convict him?
LonePirate
(13,409 posts)The investigation is merely to decide if criminal charges should be filed and if so, which ones, depending on if the act was justifiable or not.
Regardless of what the DA does, he's already guilty in the court of public opinion which the internet hosts.
Blanket Statements
(556 posts)I'd rather be compassionate than proclaim him a killer worthy of scorn
LonePirate
(13,409 posts)He doesn't deserve any compassion for this senseless act. If he feared for his safety, why not stay locked or holed up in his bedroom or whatever room he was in when he called 911. Why did he feel it was better to take the law into his own hands than wait for the police to respond given that he had just called them? Why not scream something to threaten the alleged intruder so that they can either flee or identify themselves.
This guy wanted to kill someone and he got he his wish.
Blanket Statements
(556 posts)Of people you've never met.
I choose to feel sorrow for him and his family
LonePirate
(13,409 posts)I feel sorrow for the dead girl's mother and other relatives. I do not feel sorrow for the man who killed her. He chose to fire a gun at another human being. I cannot feel sorrow for someone who perpetrated that act against an innocent child. Had he not fired and if he had waited for the police to arrive, she would still be alive today.
Blanket Statements
(556 posts)But to assume it was a mistake.
I need not condemn him or assume his desire was to kill someone at some point.
And, had he waited and it was an actual intruder who killed him or a member of his family would you feel better about his actions?
LonePirate
(13,409 posts)He fired a gun, most likely with the intention of hitting the target he was aiming to hit. Otherwise, why fire it at all when he could have used his voice to announce he had a loaded weapon and was prepared to use it?
If he didn't have a gun or if he hadn't fired it in this situation where there was no intruder, she would still be alive. Suppositions based on hypothetical events have no bearing here. He shot and killed his step-daughter due to his own stupidity or paranoia or his own incompetence or some pathetic machismo that compelled him to think he could be a hero.
I look forward to the findings of the investigation. He'll probably walk away a free man due to that Make My Day law; but at least he will be wracked by guilt all because he thought he was a brave and tough person with a gun, assuming of course it was an accident and not an intentional act of murder. I sure have my doubts.
Blanket Statements
(556 posts)That he wanted to kill someone.
We don't know if he was startled and the discharge was unintentional. We don't know if he challenged and received no response and we don't know if he just shot at a figure assuming it was a burglar.
We don't know anything except his daughter is dead in what is being called an accidental shooting.
If the facts change, then my opinion will change but I'm not going to assume he was paranoid or out to kill someone and will feel sorrow for him and his family.
Comrade Grumpy
(13,184 posts)That's a serious fuck-up, at best. And all your contortions and "what ifs" don't change that.
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(556 posts)Comrade Grumpy
(13,184 posts)Blanket Statements
(556 posts)tblue37
(65,227 posts)ManiacJoe
(10,136 posts)to establish friend/foe before being shot.
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(556 posts)ManiacJoe
(10,136 posts)To be able to claim self defense, you have to be able to articulate "reasonable fear". If you have not identified the "intruder" well enough to establish friend/foe, you have not met that bar. Your "reasonable fear" does not have to be accurate, but it does need to be reasonable, which in this case it appears to not be, based on the lack of details in the article.
Blanket Statements
(556 posts)He reasonably assumed there was an intrusion
ManiacJoe
(10,136 posts)What he did not do was reasonably ID the suspected intruder to establish friend/foe.
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(556 posts)ManiacJoe
(10,136 posts)Blanket Statements
(556 posts)But it doesn't mean he should or will be charged
ManiacJoe
(10,136 posts)Just sayin'.
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(556 posts)I was incorrect in my first post
Jenoch
(7,720 posts)What does self defense have to do with anything with the information so far released?
ManiacJoe
(10,136 posts)Defense of self or other innocent party.
Jenoch
(7,720 posts)for the debate to even start. The hyperbole is stifling.
madinmaryland
(64,931 posts)probably will not even bother him.
Blanket Statements
(556 posts)Or reckless disregard for human life
madinmaryland
(64,931 posts)maybe not first degree murder.
Bjorn Against
(12,041 posts)If he believed she was a robber then it is clear he intentionally shot her, it was not an accidental discharge by his own account of what happened.
Blanket Statements
(556 posts)Or he shot, mistaking his daughter for an intruder?
Bjorn Against
(12,041 posts)He may not have known it was his daughter, but it appears he intentionally shot a person without even knowing who he was shooting at. The gun was shot intentionally even if he was not aware of who he was shooting, it was no accident.
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(556 posts)Bjorn Against
(12,041 posts)You may want to live in a world where people can just shoot at someone without even knowing who they are or what they are doing, but most of us view people who are that trigger happy as being extremely dangerous.
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(556 posts)Bjorn Against
(12,041 posts)Yes he intentionally shot his daughter, even if he did not know who she was he intentionally pulled the trigger.
Blanket Statements
(556 posts)He was shooting his daughter.
Furthermore we don't know if he got startled and pulled the trigger unintentionally
Bjorn Against
(12,041 posts)Or at the very least intentionally picked up the gun and pointed it her direction, even with the remote possibility that his finger did slip he did still intentionally carry the gun out to the area she was in.
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(556 posts)A
Bjorn Against
(12,041 posts)You were trying to suggest it may have been accidental and I was pointing out why it was an intentional act, a gun was negligently discharged based on a decision he made.
Blanket Statements
(556 posts)His mistake does not make his action reckless.
Had he fired through a door or the wall,maybe
ManiacJoe
(10,136 posts)> He had a lawful right to shoot at an intruder.
To lawfully shoot someone, the shooter must have reasonable fear. In some cases, the law will define when one should have that fear (castle laws). However, to qualify under any law as self defense, the target must first be identified as the attacker.
Blanket Statements
(556 posts)Where one has to be in imminent danger
Under castle doctrine, the assumption is there is a threat at the time of the intrusion.
ManiacJoe
(10,136 posts)Under "castle doctrine" the fear is assumed to be reasonable because
- the intruder is not authorized to be in the house, AND
- the intruder used force to gain entry, which implies a weapon.
Blanket Statements
(556 posts)And fear of the lawful occupant
ManiacJoe
(10,136 posts)Your state's laws may be different from the norm.
Blanket Statements
(556 posts)The burden is on the state to prove it wasn't reasonable.
firsttimer
(324 posts)reasonable fear
ManiacJoe
(10,136 posts)The "reasonable fear" to shoot a suspected intruder is based on the target being IDed well enough to be the intruder. That was not done, assuming the father would not intentionally shoot his family members.
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(556 posts)ManiacJoe
(10,136 posts)That IS what the law says for Florida and the other states using Florida as a template.
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(556 posts)776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that persons will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
ManiacJoe
(10,136 posts)1a and 1b both require "unlawfully and forcibly entered", thus the intruder has the ability and desire to cause harm (part of the definition of reasonable fear).
It still requires the defender to reasonably ID the chosen target as the suspected intruder.
Blanket Statements
(556 posts)There was unlawful and forcible entry.
Forcible entry is not using a key to the front door
ManiacJoe
(10,136 posts)firsttimer
(324 posts)in a case of a homeowner who reasonably believes someone is breaking in his house
by the actions being conducted by the target he ID , but I won't
ManiacJoe
(10,136 posts)Caught after the "breaking in" is finished is not a reasonable ID.
Blanket Statements
(556 posts)776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.
(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:
(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that persons will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.
ManiacJoe
(10,136 posts)Blanket Statements
(556 posts)ManiacJoe
(10,136 posts)In the writing of the law, yes it has. In the eyes of the law, "unidentified person" does not equal "suspected intruder".
firsttimer
(324 posts)over this . I wish that we weren't talking about something so tragic.
ManiacJoe
(10,136 posts)"breaking in" (present tense) and "broken in" (past tense) are not the same thing. If the act of "breaking in" is not witnessed, then the actors cannot be IDed by the mere action.
firsttimer
(324 posts)Edit to add
Right now I'm not talking about this case in particular just reasonable actions by a home owner who believes he just had a break in
ManiacJoe
(10,136 posts)"Reasonable fear" that an unidentified person is the intruder, no.
Current courts and self defense schools define "reasonable fear" from an attacker as "ability, opportunity, jeopardy" from the identified "attacker".
In some cases of the law, for example some castle doctrine laws, the law will outline a few specific conditions when a "reasonable fear" exists and is not open to interpretation by the LEOs and prosecutors. Other times, the reasonableness of the fear will need to be articulated by the defender.
firsttimer
(324 posts)what was articulated that morning by the father . And by the actions so far by the officers who
responded and took statements mostly likely agreed by the evidence present.
Of course this will fall on DA's desk but what the officers report reads will
weigh heavy if charges are to be filed on the father.
Comrade Grumpy
(13,184 posts)As for whether his actions were "reckless," I can only point to the dead body of the step-daughter on the floor.
Blanket Statements
(556 posts)As what you wish it was
Comrade Grumpy
(13,184 posts)You keep imputing desires and wishes to me that I never expressed, or even hinted at. Weird.
Blanket Statements
(556 posts)Seems the only thing wrong with me is my refusal to react emotionally to the story
Comrade Grumpy
(13,184 posts)Which is the fundamental fact here: Somebody got killed. An innocent person. The guy's step-daughter.
You seem so caught up in your legalism that you appear unable to address that.
Blanket Statements
(556 posts)I feel sorrow for the family and the father.
And I don't think it appropriate that the father be criminally charged for an accident
Ed Suspicious
(8,879 posts)thing wrong with you is the inability to exhibit a feeling person's level of humanity or reason.
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(556 posts)Kingofalldems
(38,425 posts)SammyWinstonJack
(44,129 posts)seattledo
(295 posts)There is no evidence that he didn't know.
ProudToBeBlueInRhody
(16,399 posts)He wanted to defend himself against whatever human he thought had entered his home, and successfully did so. Unfortunately for him, it was someone I assume he cared about. That's the Sword of Damocles for gun owners now, isn't it?
Bjorn Against
(12,041 posts)A person is dead and the shooter is being allowed to walk because of the weak gun laws that allow people to shoot first and ask questions later and then claim it was self defense. This is a big news story and we should be able to discuss it in GD.
Judi Lynn
(160,478 posts)Duckhunter935
(16,974 posts)No charges filed "YET", per the story it is up to the prosecutors.
Bjorn Against
(12,041 posts)He shot a person without even knowing who that person was or what she was doing, there is no excuse for that and he should have been charged immediately.
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(556 posts)Marrah_G
(28,581 posts)But.... pro-gun groups has made sure that those laws rarely get on the books.
Every gun own is a responsible gun owner...until they aren't.
Blanket Statements
(556 posts)Involuntary manslaughter? Manslaughter? Murder?
If it wasn't intentional, what would be the criminal charge?
Marrah_G
(28,581 posts)Bjorn Against
(12,041 posts)Blanket Statements
(556 posts)ManiacJoe
(10,136 posts)He intended to shoot the person; he just did not ID her before he did so.
Violation of Safety Rule #4.
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(556 posts)ManiacJoe
(10,136 posts)See the definition of manslaughter.
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(556 posts)ManiacJoe
(10,136 posts)See the definition of manslaughter.
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(556 posts)ManiacJoe
(10,136 posts)Blanket Statements
(556 posts)Which would more appropriately apply
firsttimer
(324 posts)ManiacJoe
(10,136 posts)firsttimer
(324 posts)ManiacJoe
(10,136 posts)you just pulled the statement out of thin air?
Bjorn Against
(12,041 posts)Because if he did ID then that would mean he knew it was his daughter, in that case it sounds like second degree murder. The article suggests manslaughter would be the appropriate charge, but if what you are saying is true and he did ID then he should face murder charges.
firsttimer
(324 posts)You don't need facial recognition for this .
It was tragic but it might not meet or should meet criminal charges
Blanket Statements
(556 posts)Is the act of killing someone during an otherwise lawful action
firsttimer
(324 posts)and there could be plenty.
That's why I said you need more info before calling for this father to be charged.
Was she sliding in a hallway window ?
Was she locked out and decided to jimmy a back door to get in?
Did he call out and she didn't answer?
who knows , we need more facts before calling for this fathers head on plate
Bjorn Against
(12,041 posts)There is nothing involuntary about aiming a gun at somebody and pulling the trigger, not knowing who you are shooting at is no excuse as that shows even greater negligence.
Blanket Statements
(556 posts)We don't know the circumstances.
If he called out and she didn't identify herself, what was he to assume?
Bjorn Against
(12,041 posts)He killed an innocent person with his gun, that can not just be wiped away with an "Oops".
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(556 posts)Bjorn Against
(12,041 posts)Self defense laws are way too loose in this country if people are able to shoot people who posed no threat to them and then claim self defense, as cases like George Zimmerman show us however killers are able to get off the hook way too easy by claiming self defense in cases where there was no real threat.
Sadly the US has way too many nut cases who think killing innocent people is OK as long as you claim self defense when you kill them, it does not even have to be self defense just the words "well I thought..." are good enough for some people. For this reason sometimes people get off on things like this, but in any sane world this guy would face charges for what he did.
Blanket Statements
(556 posts)Every person who made a mistake
Bjorn Against
(12,041 posts)Shooting someone who poses no threat to you is not a simple mistake however, that is something that has serious consequences but can be easily avoided if people have even an ounce of responsibility.
Blanket Statements
(556 posts)Then he thought there was a threat
That's why these laws exist.
firsttimer
(324 posts)6am in the morning , he already thought it was a breaking by the evidence he had already called 911
This tragic what happened but I won't jump on the band wagon just yet on calling for charges
Blanket Statements
(556 posts)And most likely accidental
Bortman33
(102 posts)do you pay your NRA dues. Or, maybe the question should be, when does the NRA pay you?
There is only one fact in play here - the man shot his step-daughter. You want to condemn anyone who calls it anything other then your "accidental" characterization. Were you there? You know nothing more then anyone else on this board, so stop mealy mouthing around to justify your shoot on site BS.
If the state wants to propagate laws that let you shoot anyone you want, it should be judged manslaughter if you choose to shoot and you're wrong, even if its a GD accident. You want the gun for protection, you kill an innocent person, you are a killer, you go to jail, PERIOD.
Yea, I know, I'm banned, but I'm really sick and tired of these young people dieing for nothing but cowboy antics. What's almost as bad, is to read these posts, by people like you, that only want to manipulate the legal definition of KILL to some form of self and property protection fantasy.
For god's sake, a young girl is fricking dead, WRONGLY KILLED by her step-father, to protect what?
Blanket Statements
(556 posts)Until then, I can only assume it was accidental. I don't think all accidents are criminal. I also don't assume anyone who uses a gun in the manner he did had a desire to kill anyone.
I feel sorrow for him and his family. It has to be terrible to know that your actions caused a death, especially of a loved one.
And killing someone isn't always a crime nor should it be.
And I'm not going to alert on you just because we disagree
ManiacJoe
(10,136 posts)What you describe is normally called "shooting at shadows".
firsttimer
(324 posts)unless you know there are in fact friendlys you are rescuing ......
it was a target he ID
ManiacJoe
(10,136 posts)He picked a target. Had he identified the target before shooting at it, he would not have shot it.
firsttimer
(324 posts)This is tragic what happened and the one suffering right now is this father.
It will change the rest of his life whether he is charged or not his life as he knows it is over
by the grief he will have until the day he dies
LonePirate
(13,409 posts)Someone shoots another person and the DA is supposed to take their word for that it was all an accident?
ManiacJoe
(10,136 posts)that the father would not intentionally shoot his family members.
> Maybe the whole thing was intentional and he's lying.
Could be. But that would be a separate conversation from this one.
LonePirate
(13,409 posts)Can forensic pathologists determine the time of death to be before or after the time of the 911 call, assuming they are only minutes apart?
ManiacJoe
(10,136 posts)Feel free to start an upper-level branch to discuss it.
Jenoch
(7,720 posts)This terrible tragedy happened about 14 hours ago, do you want the guy executed by now?
Stop all of your hyperbole until there is enough information to debate.
Bjorn Against
(12,041 posts)But if you shoot an innocent person you should be arrested and charged immediately, gun nuts should not be treated differently than other killers just because they say "Oops" and because most other killers would be arrested immediately if they were found with a smoking gun in their hand and a dead body on the ground then this guy should be too.
Jenoch
(7,720 posts)Your posts on this thread are mostly hyperbole.
Bjorn Against
(12,041 posts)He shot and killed an innocent person, that is a fact. You may want to pretend he did nothing wrong but most sane people would know that he fucked up big time.
Iggo
(47,537 posts)savalez
(3,517 posts)IMO it was a bad decision to lock this in LBN. Meanwhile, these LBN stories, for whatever reason, are not also deemed "local":
Boy, 11, delivers gifts to homeless in Detroit
Tiger fatally mauls mate at San Diego Zoo
NYC expands smoking ban to include e-cigarettes
etc...
savalez
(3,517 posts)is allowed in LBN? But a dead teenage girl shot by her step-dad is considered local and locked out of LBN?
http://www.democraticunderground.com/1014680764
This is what happens when a single host is put in charge of a group. Too much power. If an hidden agenda exists can be abused. Locks should be also up to a jury.
Duckhunter935
(16,974 posts)and I hope he is charged.
Failed to follow the most basic firearms safety. Rule #4
14 yo sneaking back into the house at 6 AM
firsttimer
(324 posts)jberryhill
(62,444 posts)savalez
(3,517 posts)powerful statement. Ouch. Clever.
Ed Suspicious
(8,879 posts)firsttimer
(324 posts)Did she live in the same house?
Did she stay out all night and was sneaking in the house?
A lot of questions unanswered in that article.
The one thing I will say is there are no accidents when handling a firearm.
Even in a malfunction the muzzle should always be pointed in a safe direction
Vashta Nerada
(3,922 posts)From a responsible gun owner, I'm sure.
Iggo
(47,537 posts)And it shall not be questioned!
billh58
(6,635 posts)in the most armed, dangerous, and trigger happy nation in the "civilized" world.
TBF
(32,017 posts)in the water there ... over and over this happens.
valerief
(53,235 posts)ManiacJoe
(10,136 posts)deathrind
(1,786 posts)Giving the benefit of the doubt that this was another one of those "tragic accidents" This person lowered his weapon and pulled the trigger without having a clue who or what he was shooting at. That certainly falls with in "negligence" of a criminal nature. He should be held accountable for his action.
Iggo
(47,537 posts)ileus
(15,396 posts)Or even a handheld light.
Always ID your target...
Blue_Tires
(55,445 posts)I'm interested to see how some people spin this one...
Vinca
(50,237 posts)I don't understand what makes it morally right to shoot to kill in defense of property. If he's armed and coming at you, fine, let it rip, but if he only wants your lousy television let the courts deliver the sentence.
firsttimer
(324 posts)That's why most home burglaries happen in day time hours when most people
are at work or out and about.
Vinca
(50,237 posts)99Forever
(14,524 posts)Mo gunz.. mo gunz... mo gunz!