Update from http://cbs4denver.com/topstories/local_story_201145226.html:
Dead intruder seemed like a real charmer.
Dead intruder seemed like a real charmer.
Aurora CO: homeowner 1, burglar 0
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Some states have the same effect in other ways. Here in Oregon it is legal to use lethal force against anyone in the act of committing a burglary, period. There is no "self defense" or "in fear of your life" language. In the abstract extreme, this could be a problem. For example, the situation used by by CCW instructor (retired police lieutenant) was that if you were to come home and find the neighbor's 15 year old kid in your house with his pockets full of your CD's, it would be completely legal for you to shoot and kill him. Fortunately, I've never seen an example of the law being abused in that way.
We had a case in Albany just a week or two ago, you can Google the Albany Democrat Herald for more info, where a homeowner saw a kid ( I think he was about 17) in his yard and it appeared the kid was trying to enter the home through the window, but was still outside. The homeowner fired through the window and killed the kid, who was unarmed and never threatened the homeowner. The homeowner was never taken into custody and the DA immediately announced that the homeowner was within his rights to act as he did. That's right on the edge, and I hope we don't see many more cases like that because I'm afraid it might could provoke a change in the law, but a clear example of the Oregon law.
We had a case in Albany just a week or two ago, you can Google the Albany Democrat Herald for more info, where a homeowner saw a kid ( I think he was about 17) in his yard and it appeared the kid was trying to enter the home through the window, but was still outside. The homeowner fired through the window and killed the kid, who was unarmed and never threatened the homeowner. The homeowner was never taken into custody and the DA immediately announced that the homeowner was within his rights to act as he did. That's right on the edge, and I hope we don't see many more cases like that because I'm afraid it might could provoke a change in the law, but a clear example of the Oregon law.
Bobaloo:
Good distinction between legal and ethical/moral rights to protecting your home. Though I wouldn't dismiss someone as being 'just a teenager' when evaluating a threat. Would your opinion on the justification of the Albany homeowner shooting through the window be different if it was a grizzled 50 year old trying to force his way into the home?
17 year olds (and even 16 or 15 year olds) intent on mischief can be just as dangerous as 'adults'...or perhaps even more dangerous...since their youth may impede their judgement when considering the wisdom of their actions...
Good distinction between legal and ethical/moral rights to protecting your home. Though I wouldn't dismiss someone as being 'just a teenager' when evaluating a threat. Would your opinion on the justification of the Albany homeowner shooting through the window be different if it was a grizzled 50 year old trying to force his way into the home?
17 year olds (and even 16 or 15 year olds) intent on mischief can be just as dangerous as 'adults'...or perhaps even more dangerous...since their youth may impede their judgement when considering the wisdom of their actions...
Guess the home owner figgured that enough is enough!
I applaud him for defending his home & family!
If more of us took care of thing's in our own home's then maby the BG's would find another line of work.
I know. They might just get into other mischief but at least they'd think twice about home invasion! (Checked my Nomex & put it on!)
I applaud him for defending his home & family!
If more of us took care of thing's in our own home's then maby the BG's would find another line of work.
I know. They might just get into other mischief but at least they'd think twice about home invasion! (Checked my Nomex & put it on!)
Ross
Member
''. . . then maby the BG's would find another line of work."
Most of them would just go into politics where they would go unnoticed.
Most of them would just go into politics where they would go unnoticed.
XDKingslayer
member
Does anyone else find this statement by a high ranking LEO suprising? You usually don't see that, even states with this type of law.
RonC
Member
Denver & the west
Burglar killed in home raid had lengthy criminal past
By Kirk Mitchell
Denver Post Staff Writer
Burglar turned out to be quite an upstanding citizen
The 54-year-old burglar who was shot and killed by a homeowner after crawling into a house Tuesday had a lengthy criminal record dating to 1969, records show.
James Edward Cannon, who was homeless, died from a shotgun blast to the chest, according to police and Adams County Coroner James Hibbard.
Police say a homeowner in the 1700 block of Fulton Street shot Cannon with a 12-gauge shotgun Tuesday morning about 8:30 a.m. after Cannon removed an air-conditioning unit and crawled through a window.
Police have not released the homeowner's name, but neighbors have identified him as schoolteacher Lawrence Kintz.
No decision has been made on whether charges will be filed against the shooter, said Aurora police spokesman Bob Friel. Adams County District Attorney Don Quick said he is awaiting reports on the shooting from police.
Colorado law gives occupants of a house the right to use deadly force against an intruder if they are reasonably sure the person intends to use physical force against them.
Cannon was arrested on a count of first- degree trespassing May 14 and has been arrested at least 27 other times on charges including robbery, assault, shoplifting, theft, burglary, drunken driving, fraud and escape, according to Colorado Bureau of Investigation records.
He served jail time, including five days in a Denver jail in 1994 for shoplifting, three years in prison beginning in 1997 for drug possession and a year in jail two years ago for theft.
Ron
Burglar killed in home raid had lengthy criminal past
By Kirk Mitchell
Denver Post Staff Writer
Burglar turned out to be quite an upstanding citizen
The 54-year-old burglar who was shot and killed by a homeowner after crawling into a house Tuesday had a lengthy criminal record dating to 1969, records show.
James Edward Cannon, who was homeless, died from a shotgun blast to the chest, according to police and Adams County Coroner James Hibbard.
Police say a homeowner in the 1700 block of Fulton Street shot Cannon with a 12-gauge shotgun Tuesday morning about 8:30 a.m. after Cannon removed an air-conditioning unit and crawled through a window.
Police have not released the homeowner's name, but neighbors have identified him as schoolteacher Lawrence Kintz.
No decision has been made on whether charges will be filed against the shooter, said Aurora police spokesman Bob Friel. Adams County District Attorney Don Quick said he is awaiting reports on the shooting from police.
Colorado law gives occupants of a house the right to use deadly force against an intruder if they are reasonably sure the person intends to use physical force against them.
Cannon was arrested on a count of first- degree trespassing May 14 and has been arrested at least 27 other times on charges including robbery, assault, shoplifting, theft, burglary, drunken driving, fraud and escape, according to Colorado Bureau of Investigation records.
He served jail time, including five days in a Denver jail in 1994 for shoplifting, three years in prison beginning in 1997 for drug possession and a year in jail two years ago for theft.
Ron
Desk Jockey
Member
He's just restating language from the actual law: "The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes."
MachIVshooter
Member
You just answered your own question.
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