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  1. #1
    Fleeing Idaho to get IKEA Bailey Guns's Avatar
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    Quote Originally Posted by Great-Kazoo View Post
    No it's not. Based off a brief news story, he was shooting at a threat that already left. They cover any of Use of Deadly Force in your CCW class?
    I don't necessarily disagree and I'm really familiar with the law. HOWEVER...

    There is a precedent for this scenario being a justifiable shooting under the "Make My Day" law. Not that I'd want to chance it with a jury myself. But the 2004 case of Gary Lee Hill is very similar:

    The women returned with Padilla’s boyfriend, Knott, and Ash’s boyfriend, Anthony Padilla. The four went to Hill’s basement room where he was asleep and assaulted him. Amanda Padilla punched Hill in the head, opening a wound with brass knuckles. When they left Hill’s house, he got a high-powered rifle, loaded it and fired once from the porch into the car Knott was driving. Knott crashed the car into a house and died of a gunshot wound to the back. The jury foreman, who asked not to be identified, said jurors spent a lot of time discussing the law that allows people to use lethal force against an intruder. “That was the bulk of our deliberation,” he said. The foreman said the Make My Day law offers no clear “line” where an intruder must be before deadly force can be used. (emphasis mine) “We hope everyone understands this was a tragic case no matter what verdict we reached. There was no good outcome,” he said.
    Source: http://gazette.com/springs-man-acqui...w/article/9201

    This was a very controversial case at the time that resulted in much talk about changing the law. Fortunately, it wasn't changed.

    And the jury was correct. There isn't any thing in the statute that says force must be used against the intruder inside the home or in any other particular location.
    Last edited by Bailey Guns; 01-24-2016 at 19:49.
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  2. #2
    The "Godfather" of COAR Great-Kazoo's Avatar
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    Quote Originally Posted by Bailey Guns View Post
    I don't necessarily disagree and I'm really familiar with the law. HOWEVER...

    There is a precedent for this scenario being a justifiable shooting under the "Make My Day" law. Not that I'd want to chance it with a jury myself. But the 2004 case of Gary Lee Hill is very similar:



    Source: http://gazette.com/springs-man-acqui...w/article/9201

    This was a very controversial case at the time that resulted in much talk about changing the law. Fortunately, it wasn't changed.

    And the jury was correct. There isn't any thing in the statute that says force must be used against the intruder inside the home or in any other particular location.
    That was a One Shot versus multiple shots fired . Until "we" know the full story, I'll avoid armchair QB'ing.
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