Originally Posted by
NMB2
I said borderline lured.
I say this because his own admission was that it was several minutes between the boy and the girl..... Instead of calling the police in this time frame as any rational human being would do..... he drug the boy out of the stair well and onto a tarp, probably to not alarm any other intruder coming down. Remember, he said he wanted them both dead.... a dead body at the bottom of the stair well would of made the girl freak out. From the perspective of the girl upstairs, what is the difference between the guy in the basement getting on the phone to the police, and the guy not calling the police? Nothing. Whether he called the police or not is entirely irrelevant in the context of whether the girl was lured or not. If she didn't hear two shots from a rifle, it is unlikely that the sound of a one sided phone call would warn her to get out of the house. Before all of this though, what actions did the guy take to get boy into the house first?
He sat back down and waited, this is his own admission. Therefore I perceive these actions as borderline luring the girl into the basement. Again, luring implies the use of bait or some other incentive. Doing nothing, is not indicative of luring.
As for how I would of handed the situation.... he had plenty of time to phone the police before his first encounter with the boy. Calling the police would of been my first move......I'm not necessarily asking what you would have done. We all would have called the police, assuming a phone was available. Since we do not know if a phone was available, what are the options for this situation in the simplest form? Stay in basement, or leave basement. You've got someone who broke a window to get in, and is no longer a threat, and you hear someone else walking around upstairs, regardless of calling the police, you are still faced with the options of stay in basement, or leave the basement. If there is no outside entrance to the basement, then the only way out of the basement is toward the person/people who've broken into your home. Given those options, I'd stay in the basement. On a side note, you already know there are at least two people, so there is the chance that there are more, and going outside could be the same as going upstairs. That point is neither here nor there since we don't know if there was a door and a reasonable and prudent person may not assume they are under siege by a gang of people.
Secondly, its 1pm on Thanksgiving..... not typical armed robbery hours. I would of probably waited to see who it was before firing at someones legs, could of been anyone, but lets just say I am an idiot and I shot someone in the waist.... as they tumbled down the stairs, I walk over and realize that this is a young man, unarmed, myself or my wife would of phoned the police while I grabbed my IFAK. What are the typical armed robbery hours? Armed robbery suggests a premeditated offense where resistance may be encountered. You can't meet resistance if no one is home. 1pm on Thanksgiving is a safe bet someone could be there. They weren't armed anyway, so let's move on. In what situation do you wait to see who is in your home, when they've entered by breaking a window? It is not likely that it is your aunt with her pumpkin pie.
If while I was treating him I heard more footsteps, I would of dropped what I was doing and grabbed my fire arm... chances are he would of told me that it was his dumbass fawking cousin, I would of told them to stop moving. (escalation of force)... by this time I'm very sure police would of already been on the scene, probably before the girl was heard upstairs when 911 gets a phone call that someone is shot. When you heard glass breaking upstairs, you wanted to wait and see who it was. After you've shot an unarmed kid, and you hear a second set of footsteps, now is the time to grab your gun?
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