Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

Judi Lynn

(160,478 posts)
Mon Dec 23, 2013, 09:01 PM Dec 2013

Man 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/

194 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Man kills stepdaughter, may have thought she was a burglar (Original Post) Judi Lynn Dec 2013 OP
Tragic accident Blanket Statements Dec 2013 #1
Paranoid gun toters seem to cause a lot of accidents. savalez Dec 2013 #2
Your opinion Blanket Statements Dec 2013 #4
Mine too. nt kelliekat44 Dec 2013 #150
Mine also. SammyWinstonJack Dec 2013 #157
Mine as well. Ed Suspicious Dec 2013 #176
So the gun fired itself? This wasn't an accident. catbyte Dec 2013 #186
+1000. nt raccoon Dec 2013 #174
This was not an accident, he purposely aimed and pulled the trigger Bjorn Against Dec 2013 #7
Is that what you determined in your investigation, detective? Blanket Statements Dec 2013 #8
When did you do your investigation, detective? savalez Dec 2013 #10
I'm not the one claiming to know what happened Blanket Statements Dec 2013 #12
Sure you are. Iggo Dec 2013 #161
The story says he mistook her for a burglar Blanket Statements Dec 2013 #163
That would make it a mistake. Not an accident. catbyte Dec 2013 #187
I assume he is right Duckhunter935 Dec 2013 #11
Exactly Blanket Statements Dec 2013 #13
Should be Marrah_G Dec 2013 #17
What regulation would have prevented this? Blanket Statements Dec 2013 #18
I don't know, maybe requiring that you know what you are shooting at? Marrah_G Dec 2013 #24
How about savalez Dec 2013 #27
It's being investigated Blanket Statements Dec 2013 #29
A regulation against killing people who pose no threat should address this Bjorn Against Dec 2013 #28
Soooo people should assume intruders are innocent Blanket Statements Dec 2013 #32
Yes, people should assume their daughter is innocent. Bjorn Against Dec 2013 #60
So he should have assumed it was his daughter? Blanket Statements Dec 2013 #61
There is no "what if he was wrong", he was wrong and an innocent person is dead Bjorn Against Dec 2013 #65
Ahhh so if he wrongly assumed it was his daughter Blanket Statements Dec 2013 #67
Would she still be alive afterwards? LonePirate Dec 2013 #120
Who knows... Blanket Statements Dec 2013 #121
Yes. It would have been a better outcome. Choice between maybe raped and actually murdered... Ed Suspicious Dec 2013 #177
Easy to do when it's not you in the house Blanket Statements Dec 2013 #179
Easy to do when it is in my house. I don't keep guns, don't build moats stocked with alligators and Ed Suspicious Dec 2013 #182
Everyone knows what they would have done Blanket Statements Dec 2013 #184
Well at least he won't have to worry about her getting raped, what with him kiling her uppityperson Dec 2013 #188
Why would he assume the person was not his wife or daughter or some other relative? LonePirate Dec 2013 #116
Your living situation has no bearing on his Blanket Statements Dec 2013 #119
Again, what sort of monster living with children, easily assumes a noise is a burglar? LonePirate Dec 2013 #122
A man who calls 911 before he goes out of the bedroom Blanket Statements Dec 2013 #125
What difference do any of those excuses make? LonePirate Dec 2013 #134
Clearly the noise at 6am was not ordinary Blanket Statements Dec 2013 #136
His 911 call is not evidence the noise was not ordinary. He could be covering his tracks. LonePirate Dec 2013 #138
Then can we wait for the investigation to conclude Blanket Statements Dec 2013 #139
No. He's guilty of killing another person as described above. LonePirate Dec 2013 #141
Criminal charges are all that really matter Blanket Statements Dec 2013 #144
Killing his stepdaughter due to his stupidity makes him a killer worthy of scorn. LonePirate Dec 2013 #146
It must be nice to be able to divine the intentions Blanket Statements Dec 2013 #147
Aren't you divining his intentions but from the opposite angle? LonePirate Dec 2013 #148
Nope. Unless he murdered her, I have no choice Blanket Statements Dec 2013 #149
If his desire wasn't to kill, was it to maim or threaten? LonePirate Dec 2013 #151
I don't know his intentions. Your claim was Blanket Statements Dec 2013 #152
Dude. the guy shot and killed his step-daughter. Comrade Grumpy Dec 2013 #164
And your desires don't make him a criminal Blanket Statements Dec 2013 #166
What desires? Comrade Grumpy Dec 2013 #169
Read your posts, figure it out Blanket Statements Dec 2013 #172
This! nt tblue37 Dec 2013 #190
No, the "intruder" should be identified well enough ManiacJoe Dec 2013 #68
I agree. But that doesn't make his mistake a crime Blanket Statements Dec 2013 #71
It does in most jurisdictions. ManiacJoe Dec 2013 #77
He called 911 Blanket Statements Dec 2013 #79
Correct. ManiacJoe Dec 2013 #84
Which would make it involuntary manslaughter Blanket Statements Dec 2013 #88
And that is a crime one can be charged with. ManiacJoe Dec 2013 #90
I agree... Blanket Statements Dec 2013 #93
Your posts #71 and #93 are at odds. ManiacJoe Dec 2013 #105
You're right Blanket Statements Dec 2013 #109
Self defense? Jenoch Dec 2013 #83
It is the only legal excuse for killing another person. ManiacJoe Dec 2013 #87
There is not information with this Jenoch Dec 2013 #92
Though it should be. The thought he actually murdered his step daughter madinmaryland Dec 2013 #95
Murder requires intent Blanket Statements Dec 2013 #96
As a parent of a 15 year old daughter, I see this as reckless disregard for human life, though madinmaryland Dec 2013 #101
Is his claim not that he believed she was a robber? Bjorn Against Dec 2013 #20
You think he intentionally shot his daughter Blanket Statements Dec 2013 #25
He intentionally shot a person Bjorn Against Dec 2013 #31
Shooting his daughter was the accident Blanket Statements Dec 2013 #34
No, he intentionally shot her Bjorn Against Dec 2013 #62
He knowingly shot his daughter, now? Blanket Statements Dec 2013 #63
I said intentionally not knowingly Bjorn Against Dec 2013 #66
Intentionally shooting his daughter would mean he knew Blanket Statements Dec 2013 #69
No it would just mean he intentionally pulled the trigger Bjorn Against Dec 2013 #80
So his reckless act was picking up a gun? Blanket Statements Dec 2013 #81
His reckless act was shooting the gun without even knowing what he was shooting at Bjorn Against Dec 2013 #86
He had a lawful right to shoot at an intruder Blanket Statements Dec 2013 #91
Not necessarily. ManiacJoe Dec 2013 #98
That's only in duty to retreat states Blanket Statements Dec 2013 #99
That would be very much incorrect. ManiacJoe Dec 2013 #102
The actual law involves only the act of trespass Blanket Statements Dec 2013 #106
That is not the usual case. ManiacJoe Dec 2013 #110
That is the basis for the castle doctrine law Blanket Statements Dec 2013 #112
Already established by the 911 call firsttimer Dec 2013 #103
No. The call just establishes a fear of an intruder. ManiacJoe Dec 2013 #108
That's not what the law says Blanket Statements Dec 2013 #111
That would depend on whose law your are refering to. ManiacJoe Dec 2013 #114
This is the Florida law Blanket Statements Dec 2013 #117
Good quote but, ManiacJoe Dec 2013 #123
Part B says the person has reason to believe Blanket Statements Dec 2013 #127
Correct, as far as you have gone. ManiacJoe Dec 2013 #130
I can go back to not having to establish facial recognition firsttimer Dec 2013 #113
Caught in the act of "breaking in" can be a reasonable ID. ManiacJoe Dec 2013 #115
Nothing about ID Blanket Statements Dec 2013 #118
The ID has already been established at that point. ManiacJoe Dec 2013 #126
Noooo...it really hasn't Blanket Statements Dec 2013 #128
In this case, obviously not. ManiacJoe Dec 2013 #132
I'm not sure what you are trying to establish here but the last thing I want is an argument firsttimer Dec 2013 #124
My point is that ManiacJoe Dec 2013 #129
It doesn't have to witnessed it can be heard to meet reasonable fear firsttimer Dec 2013 #133
Reasonable fear that the act as occured, yes. ManiacJoe Dec 2013 #140
The last sentence of your post is I think at least firsttimer Dec 2013 #145
And look what that got him. Comrade Grumpy Dec 2013 #165
The legal definition of reckless isn't the same as Blanket Statements Dec 2013 #167
Is something wrong with you? Comrade Grumpy Dec 2013 #170
Clearly your posts are emotional and short on reason Blanket Statements Dec 2013 #171
You appear to refuse to recognize that there is a dead body lying on the floor. Comrade Grumpy Dec 2013 #175
Uhhh, what do you want me to do about the body? Blanket Statements Dec 2013 #178
Clearly your posts are robotic and designed to stick to the NRA approved script. Seems the only Ed Suspicious Dec 2013 #180
Clearly you've not read my posts. Blanket Statements Dec 2013 #181
Seen it all now. Kingofalldems Dec 2013 #85
Round and round and round you go.... SammyWinstonJack Dec 2013 #162
I agree seattledo Dec 2013 #70
Not an accident ProudToBeBlueInRhody Dec 2013 #153
Hosts please note that this is a big news story from a mainstream source Bjorn Against Dec 2013 #3
Seems that way to me, also. Thanks. n/t Judi Lynn Dec 2013 #5
Please get it right Duckhunter935 Dec 2013 #9
He should have been arrested right away Bjorn Against Dec 2013 #14
Charged with what? Blanket Statements Dec 2013 #15
Killing another human being by his own grossly negligent actions? Marrah_G Dec 2013 #19
Yeah, but what would be the actual charge? Blanket Statements Dec 2013 #22
I would think manslaughter at least Marrah_G Dec 2013 #26
I think manslaughter would be an appropriate charge in this case. Bjorn Against Dec 2013 #21
Involuntary? Blanket Statements Dec 2013 #23
No, the act of shooting was intentional. ManiacJoe Dec 2013 #33
Making a mistake doesn't make the action criminal Blanket Statements Dec 2013 #36
It does when the act is known to place others at risk. ManiacJoe Dec 2013 #38
Mistaken identity Blanket Statements Dec 2013 #41
Thus manslaughter instead of murder. ManiacJoe Dec 2013 #44
In Colorado it is defined by a reckless act Blanket Statements Dec 2013 #49
Shooting an unidentified target meets that definition. ManiacJoe Dec 2013 #50
Involuntary manslaughter when the act is otherwise lawful Blanket Statements Dec 2013 #51
He did ID firsttimer Dec 2013 #40
Where are you reading that from? ManiacJoe Dec 2013 #45
I didn't read it firsttimer Dec 2013 #48
So, assuming you were not there to witness the act, ManiacJoe Dec 2013 #52
So you are saying he knew it was his daughter and shot anyway? Bjorn Against Dec 2013 #47
It doesn't mean that , he ID someone breaking or sneaking in his home at 6 am firsttimer Dec 2013 #54
In Colorado, involuntary manslaughter Blanket Statements Dec 2013 #57
Extenuating circumstances come into place in a case like this firsttimer Dec 2013 #72
No, he voluntarily pulled the trigger Bjorn Against Dec 2013 #37
He could have been startled and accidentally pulled the trigger Blanket Statements Dec 2013 #39
In either case it is negligence Bjorn Against Dec 2013 #42
It doesn't make it criminal Blanket Statements Dec 2013 #43
In any sane society it would be criminal, with NRA written laws they may be able to get him off Bjorn Against Dec 2013 #58
What would be sane about criminally charging Blanket Statements Dec 2013 #59
That is one huge strawman, I never said everyone who makes a mistake should face charges Bjorn Against Dec 2013 #73
If he mistakenly took her as an intruder Blanket Statements Dec 2013 #75
He ID the target by seeing a person breaking or sneaking in his home firsttimer Dec 2013 #46
I agree with you. It's tragic Blanket Statements Dec 2013 #53
In what month Bortman33 Dec 2013 #154
Yes, he killed his stepdaughter. He's not been charged criminally Blanket Statements Dec 2013 #155
That does not meet the normal definition of identifying. ManiacJoe Dec 2013 #56
No..... it is not shooting at shadows firsttimer Dec 2013 #76
"Pick" does not equal "identify". ManiacJoe Dec 2013 #82
We could go round and round on this and I don't want to man firsttimer Dec 2013 #94
How do we know he didn't identify the target? Maybe the whole thing was intentional and he's lying. LonePirate Dec 2013 #131
This entire conversation is based on the assumption ManiacJoe Dec 2013 #135
Maybe he shot her, called 911 claiming a burglary to cover his tracks. LonePirate Dec 2013 #137
Possibly, but that is a different conversation from this one. ManiacJoe Dec 2013 #143
"...shooter is being allowed to walk..." Jenoch Dec 2013 #89
I oppose the death penalty and I support his right to a fair trial Bjorn Against Dec 2013 #97
We don't don't know what we don't know. Jenoch Dec 2013 #104
We know she is dead and we know he shot her, that is not hyperbole that is fact Bjorn Against Dec 2013 #107
Yep. Iggo Dec 2013 #160
Here here. savalez Dec 2013 #156
WTF? 'Santa' shot with pellet gun at Christmas toy giveaway savalez Dec 2013 #173
negligence Duckhunter935 Dec 2013 #6
Lets wait and read the facts before you wish him to be charged firsttimer Dec 2013 #35
Better safe than sorry, I guess jberryhill Dec 2013 #16
That's a savalez Dec 2013 #168
Safety at all costs! Ed Suspicious Dec 2013 #183
I need more information before I can form an opinion on this firsttimer Dec 2013 #30
Shoot first, ask questions later. Vashta Nerada Dec 2013 #55
It's the Gunfucker Way. Iggo Dec 2013 #159
Just another day billh58 Dec 2013 #64
Colorado? Again? Is there something TBF Dec 2013 #74
If only more people had guns, more people could be shot. --gungeoneer logic valerief Dec 2013 #78
Well, valerief's logic any way. ManiacJoe Dec 2013 #100
Wow... deathrind Dec 2013 #142
Gunfucker, as usual, too stupid to own a gun. Iggo Dec 2013 #158
Nothing a rail mounted torch wouldn't have prevented. ileus Dec 2013 #185
Or god forbid some common sense... Blue_Tires Dec 2013 #192
Assuming it was a burglar, he wouldn't have deserved the death penalty. Vinca Dec 2013 #189
Typically a burglar won't break in when you're home firsttimer Dec 2013 #191
That still doesn't justify an execution. Vinca Dec 2013 #194
Must. Shoot. Things. 99Forever Dec 2013 #193

Bjorn Against

(12,041 posts)
7. This was not an accident, he purposely aimed and pulled the trigger
Mon Dec 23, 2013, 09:15 PM
Dec 2013

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.

Marrah_G

(28,581 posts)
17. Should be
Mon Dec 23, 2013, 09:21 PM
Dec 2013

But the NRA keeps pumping out the money to keep any sort of regulations pertaining to guns off the books.

Marrah_G

(28,581 posts)
24. I don't know, maybe requiring that you know what you are shooting at?
Mon Dec 23, 2013, 09:26 PM
Dec 2013

You know...so you don't shoot your own CHILD.

savalez

(3,517 posts)
27. How about
Mon Dec 23, 2013, 09:28 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
28. A regulation against killing people who pose no threat should address this
Mon Dec 23, 2013, 09:31 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
60. Yes, people should assume their daughter is innocent.
Mon Dec 23, 2013, 09:56 PM
Dec 2013

They should also assume that they don't need to start shooting before they are even aware of the situation.

Bjorn Against

(12,041 posts)
65. There is no "what if he was wrong", he was wrong and an innocent person is dead
Mon Dec 23, 2013, 10:00 PM
Dec 2013

Shoot first ask questions later is never a good idea.

 

Blanket Statements

(556 posts)
67. Ahhh so if he wrongly assumed it was his daughter
Mon Dec 23, 2013, 10:02 PM
Dec 2013

And she ended up raped by an intruder, that would be the better outcome?

Ed Suspicious

(8,879 posts)
177. Yes. It would have been a better outcome. Choice between maybe raped and actually murdered...
Wed Dec 25, 2013, 03:30 PM
Dec 2013

I'll take my chances and ask who's there before I pull the trigger.

Ed Suspicious

(8,879 posts)
182. Easy to do when it is in my house. I don't keep guns, don't build moats stocked with alligators and
Wed Dec 25, 2013, 03:50 PM
Dec 2013

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.

uppityperson

(115,677 posts)
188. Well at least he won't have to worry about her getting raped, what with him kiling her
Wed Dec 25, 2013, 06:07 PM
Dec 2013

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)
116. Why would he assume the person was not his wife or daughter or some other relative?
Mon Dec 23, 2013, 10:51 PM
Dec 2013

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.

LonePirate

(13,409 posts)
122. Again, what sort of monster living with children, easily assumes a noise is a burglar?
Mon Dec 23, 2013, 10:58 PM
Dec 2013

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)
125. A man who calls 911 before he goes out of the bedroom
Mon Dec 23, 2013, 11:01 PM
Dec 2013

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)
134. What difference do any of those excuses make?
Mon Dec 23, 2013, 11:13 PM
Dec 2013

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.

LonePirate

(13,409 posts)
138. His 911 call is not evidence the noise was not ordinary. He could be covering his tracks.
Mon Dec 23, 2013, 11:19 PM
Dec 2013

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.

LonePirate

(13,409 posts)
141. No. He's guilty of killing another person as described above.
Mon Dec 23, 2013, 11:25 PM
Dec 2013

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)
144. Criminal charges are all that really matter
Mon Dec 23, 2013, 11:29 PM
Dec 2013

I'd rather be compassionate than proclaim him a killer worthy of scorn

LonePirate

(13,409 posts)
146. Killing his stepdaughter due to his stupidity makes him a killer worthy of scorn.
Mon Dec 23, 2013, 11:33 PM
Dec 2013

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)
147. It must be nice to be able to divine the intentions
Mon Dec 23, 2013, 11:36 PM
Dec 2013

Of people you've never met.
I choose to feel sorrow for him and his family

LonePirate

(13,409 posts)
148. Aren't you divining his intentions but from the opposite angle?
Mon Dec 23, 2013, 11:45 PM
Dec 2013

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)
149. Nope. Unless he murdered her, I have no choice
Mon Dec 23, 2013, 11:50 PM
Dec 2013

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)
151. If his desire wasn't to kill, was it to maim or threaten?
Tue Dec 24, 2013, 12:02 AM
Dec 2013

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)
152. I don't know his intentions. Your claim was
Tue Dec 24, 2013, 12:09 AM
Dec 2013

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)
164. Dude. the guy shot and killed his step-daughter.
Tue Dec 24, 2013, 02:09 PM
Dec 2013

That's a serious fuck-up, at best. And all your contortions and "what ifs" don't change that.

ManiacJoe

(10,136 posts)
77. It does in most jurisdictions.
Mon Dec 23, 2013, 10:09 PM
Dec 2013

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.

 

Jenoch

(7,720 posts)
83. Self defense?
Mon Dec 23, 2013, 10:13 PM
Dec 2013

What does self defense have to do with anything with the information so far released?

madinmaryland

(64,931 posts)
101. As a parent of a 15 year old daughter, I see this as reckless disregard for human life, though
Mon Dec 23, 2013, 10:30 PM
Dec 2013

maybe not first degree murder.

Bjorn Against

(12,041 posts)
20. Is his claim not that he believed she was a robber?
Mon Dec 23, 2013, 09:24 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
31. He intentionally shot a person
Mon Dec 23, 2013, 09:33 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
62. No, he intentionally shot her
Mon Dec 23, 2013, 09:58 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
66. I said intentionally not knowingly
Mon Dec 23, 2013, 10:02 PM
Dec 2013

Yes he intentionally shot his daughter, even if he did not know who she was he intentionally pulled the trigger.

 

Blanket Statements

(556 posts)
69. Intentionally shooting his daughter would mean he knew
Mon Dec 23, 2013, 10:04 PM
Dec 2013

He was shooting his daughter.
Furthermore we don't know if he got startled and pulled the trigger unintentionally

Bjorn Against

(12,041 posts)
80. No it would just mean he intentionally pulled the trigger
Mon Dec 23, 2013, 10:12 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
86. His reckless act was shooting the gun without even knowing what he was shooting at
Mon Dec 23, 2013, 10:17 PM
Dec 2013

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)
91. He had a lawful right to shoot at an intruder
Mon Dec 23, 2013, 10:18 PM
Dec 2013

His mistake does not make his action reckless.
Had he fired through a door or the wall,maybe

ManiacJoe

(10,136 posts)
98. Not necessarily.
Mon Dec 23, 2013, 10:23 PM
Dec 2013

> 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)
99. That's only in duty to retreat states
Mon Dec 23, 2013, 10:26 PM
Dec 2013

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)
102. That would be very much incorrect.
Mon Dec 23, 2013, 10:31 PM
Dec 2013

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.

ManiacJoe

(10,136 posts)
108. No. The call just establishes a fear of an intruder.
Mon Dec 23, 2013, 10:39 PM
Dec 2013

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.

ManiacJoe

(10,136 posts)
114. That would depend on whose law your are refering to.
Mon Dec 23, 2013, 10:46 PM
Dec 2013

That IS what the law says for Florida and the other states using Florida as a template.

 

Blanket Statements

(556 posts)
117. This is the Florida law
Mon Dec 23, 2013, 10:51 PM
Dec 2013

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 person’s 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)
123. Good quote but,
Mon Dec 23, 2013, 11:00 PM
Dec 2013

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)
127. Part B says the person has reason to believe
Mon Dec 23, 2013, 11:04 PM
Dec 2013

There was unlawful and forcible entry.

Forcible entry is not using a key to the front door

 

firsttimer

(324 posts)
113. I can go back to not having to establish facial recognition
Mon Dec 23, 2013, 10:44 PM
Dec 2013

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)
115. Caught in the act of "breaking in" can be a reasonable ID.
Mon Dec 23, 2013, 10:49 PM
Dec 2013

Caught after the "breaking in" is finished is not a reasonable ID.

 

Blanket Statements

(556 posts)
118. Nothing about ID
Mon Dec 23, 2013, 10:53 PM
Dec 2013

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 person’s 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)
132. In this case, obviously not.
Mon Dec 23, 2013, 11:10 PM
Dec 2013

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)
124. I'm not sure what you are trying to establish here but the last thing I want is an argument
Mon Dec 23, 2013, 11:00 PM
Dec 2013

over this . I wish that we weren't talking about something so tragic.

ManiacJoe

(10,136 posts)
129. My point is that
Mon Dec 23, 2013, 11:05 PM
Dec 2013

"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)
133. It doesn't have to witnessed it can be heard to meet reasonable fear
Mon Dec 23, 2013, 11:13 PM
Dec 2013

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)
140. Reasonable fear that the act as occured, yes.
Mon Dec 23, 2013, 11:21 PM
Dec 2013

"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)
145. The last sentence of your post is I think at least
Mon Dec 23, 2013, 11:30 PM
Dec 2013

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)
165. And look what that got him.
Tue Dec 24, 2013, 02:10 PM
Dec 2013

As for whether his actions were "reckless," I can only point to the dead body of the step-daughter on the floor.

 

Comrade Grumpy

(13,184 posts)
170. Is something wrong with you?
Tue Dec 24, 2013, 10:48 PM
Dec 2013

You keep imputing desires and wishes to me that I never expressed, or even hinted at. Weird.

 

Blanket Statements

(556 posts)
171. Clearly your posts are emotional and short on reason
Wed Dec 25, 2013, 12:16 AM
Dec 2013

Seems the only thing wrong with me is my refusal to react emotionally to the story

 

Comrade Grumpy

(13,184 posts)
175. You appear to refuse to recognize that there is a dead body lying on the floor.
Wed Dec 25, 2013, 03:25 PM
Dec 2013

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)
178. Uhhh, what do you want me to do about the body?
Wed Dec 25, 2013, 03:40 PM
Dec 2013

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)
180. Clearly your posts are robotic and designed to stick to the NRA approved script. Seems the only
Wed Dec 25, 2013, 03:47 PM
Dec 2013

thing wrong with you is the inability to exhibit a feeling person's level of humanity or reason.

ProudToBeBlueInRhody

(16,399 posts)
153. Not an accident
Tue Dec 24, 2013, 12:31 AM
Dec 2013

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)
3. Hosts please note that this is a big news story from a mainstream source
Mon Dec 23, 2013, 09:11 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
14. He should have been arrested right away
Mon Dec 23, 2013, 09:18 PM
Dec 2013

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.

Marrah_G

(28,581 posts)
19. Killing another human being by his own grossly negligent actions?
Mon Dec 23, 2013, 09:23 PM
Dec 2013

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)
22. Yeah, but what would be the actual charge?
Mon Dec 23, 2013, 09:25 PM
Dec 2013

Involuntary manslaughter? Manslaughter? Murder?

If it wasn't intentional, what would be the criminal charge?

ManiacJoe

(10,136 posts)
33. No, the act of shooting was intentional.
Mon Dec 23, 2013, 09:35 PM
Dec 2013

He intended to shoot the person; he just did not ID her before he did so.
Violation of Safety Rule #4.

Bjorn Against

(12,041 posts)
47. So you are saying he knew it was his daughter and shot anyway?
Mon Dec 23, 2013, 09:45 PM
Dec 2013

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)
54. It doesn't mean that , he ID someone breaking or sneaking in his home at 6 am
Mon Dec 23, 2013, 09:51 PM
Dec 2013

You don't need facial recognition for this .

It was tragic but it might not meet or should meet criminal charges

 

firsttimer

(324 posts)
72. Extenuating circumstances come into place in a case like this
Mon Dec 23, 2013, 10:05 PM
Dec 2013

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)
37. No, he voluntarily pulled the trigger
Mon Dec 23, 2013, 09:36 PM
Dec 2013

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)
39. He could have been startled and accidentally pulled the trigger
Mon Dec 23, 2013, 09:39 PM
Dec 2013

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)
42. In either case it is negligence
Mon Dec 23, 2013, 09:41 PM
Dec 2013

He killed an innocent person with his gun, that can not just be wiped away with an "Oops".

Bjorn Against

(12,041 posts)
58. In any sane society it would be criminal, with NRA written laws they may be able to get him off
Mon Dec 23, 2013, 09:54 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
73. That is one huge strawman, I never said everyone who makes a mistake should face charges
Mon Dec 23, 2013, 10:05 PM
Dec 2013

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.

 

firsttimer

(324 posts)
46. He ID the target by seeing a person breaking or sneaking in his home
Mon Dec 23, 2013, 09:44 PM
Dec 2013

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


 

Bortman33

(102 posts)
154. In what month
Tue Dec 24, 2013, 12:40 AM
Dec 2013

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 it’s 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)
155. Yes, he killed his stepdaughter. He's not been charged criminally
Tue Dec 24, 2013, 12:48 AM
Dec 2013

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)
56. That does not meet the normal definition of identifying.
Mon Dec 23, 2013, 09:52 PM
Dec 2013

What you describe is normally called "shooting at shadows".

 

firsttimer

(324 posts)
76. No..... it is not shooting at shadows
Mon Dec 23, 2013, 10:09 PM
Dec 2013

unless you know there are in fact friendlys you are rescuing ......
it was a target he ID

ManiacJoe

(10,136 posts)
82. "Pick" does not equal "identify".
Mon Dec 23, 2013, 10:13 PM
Dec 2013

He picked a target. Had he identified the target before shooting at it, he would not have shot it.

 

firsttimer

(324 posts)
94. We could go round and round on this and I don't want to man
Mon Dec 23, 2013, 10:19 PM
Dec 2013

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)
131. How do we know he didn't identify the target? Maybe the whole thing was intentional and he's lying.
Mon Dec 23, 2013, 11:09 PM
Dec 2013

Someone shoots another person and the DA is supposed to take their word for that it was all an accident?

ManiacJoe

(10,136 posts)
135. This entire conversation is based on the assumption
Mon Dec 23, 2013, 11:14 PM
Dec 2013

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)
137. Maybe he shot her, called 911 claiming a burglary to cover his tracks.
Mon Dec 23, 2013, 11:16 PM
Dec 2013

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)
143. Possibly, but that is a different conversation from this one.
Mon Dec 23, 2013, 11:28 PM
Dec 2013

Feel free to start an upper-level branch to discuss it.

 

Jenoch

(7,720 posts)
89. "...shooter is being allowed to walk..."
Mon Dec 23, 2013, 10:18 PM
Dec 2013

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)
97. I oppose the death penalty and I support his right to a fair trial
Mon Dec 23, 2013, 10:22 PM
Dec 2013

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.

Bjorn Against

(12,041 posts)
107. We know she is dead and we know he shot her, that is not hyperbole that is fact
Mon Dec 23, 2013, 10:37 PM
Dec 2013

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.

savalez

(3,517 posts)
156. Here here.
Tue Dec 24, 2013, 01:25 PM
Dec 2013

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)
173. WTF? 'Santa' shot with pellet gun at Christmas toy giveaway
Wed Dec 25, 2013, 02:52 PM
Dec 2013

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)
6. negligence
Mon Dec 23, 2013, 09:13 PM
Dec 2013

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)
30. I need more information before I can form an opinion on this
Mon Dec 23, 2013, 09:31 PM
Dec 2013

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

deathrind

(1,786 posts)
142. Wow...
Mon Dec 23, 2013, 11:27 PM
Dec 2013

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.

ileus

(15,396 posts)
185. Nothing a rail mounted torch wouldn't have prevented.
Wed Dec 25, 2013, 04:57 PM
Dec 2013

Or even a handheld light.

Always ID your target...

Vinca

(50,237 posts)
189. Assuming it was a burglar, he wouldn't have deserved the death penalty.
Wed Dec 25, 2013, 06:30 PM
Dec 2013

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)
191. Typically a burglar won't break in when you're home
Wed Dec 25, 2013, 06:58 PM
Dec 2013

That's why most home burglaries happen in day time hours when most people
are at work or out and about.

Latest Discussions»General Discussion»Man kills stepdaughter, m...