Homeowner fatally shoots burglary suspect

Video Courtesy of KSL.com

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3 years 34 weeks ago, 5:01 PM

OozeRat

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Just a few miles away from my house and not too far from my in-laws.

Nothing is as risky as certain failure.
3 years 34 weeks ago, 5:06 PM

manu2014

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That will make a big difference. Punk got what he deserved but it is not always about justice.

Rather than love, than money, than fame, give me truth. Thoreau
3 years 34 weeks ago, 5:11 PM

OozeRat

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here's the code from

here's the code from http://le.utah.gov/~code/TITLE76/htm/76_02_040500.htm

Utah Code
Title 76 Utah Criminal Code
Chapter 2 Principles of Criminal Responsibility
Section 405 Force in defense of habitation.

76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

Amended by Chapter 252, 1985 General Session
Download Code Section Zipped WordPerfect 76_02_040500.ZIP 2,127 Bytes
<< Previous Section (76-2-404) Next Section (76-2-406) >>

Nothing is as risky as certain failure.
3 years 34 weeks ago, 5:11 PM

HampsterW

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Yes, Utah does

have the Castle Doctrine.

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 34 weeks ago, 5:12 PM

OozeRat

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not quite a castle doctrine as I understand it but pretty close.

Nothing is as risky as certain failure.
3 years 34 weeks ago, 5:18 PM

luckybychoice

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A Burgalry at nite

go ahead and shoot the fucker.

i tried being reasonable,i didn't like it, NRA LIFE MEMBER,USMC VETERAN
3 years 34 weeks ago, 6:37 PM

Lyle Hutchins 1

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I would have let him enter, then kill him!! But this man decited to shoot first!!
He saved money, that way. Didn't have to call the Bio Hazzard team in for cleanup!!
Just call the Glass Co. they will haul the broken glass away for you. and a call to the Cornor.
Get rid of the Cops, go back to bed. Godda go to work tomorrow!
Lyle

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3 years 34 weeks ago, 6:41 PM

Ebear

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lol

murder is funny!!

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3 years 34 weeks ago, 7:33 PM

Vaquero

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ebear

Murder? Where the fuck did you get that?

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3 years 34 weeks ago, 7:43 PM

Ebear

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its

my fuckin opinion....

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3 years 34 weeks ago, 6:44 PM

dockit

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Why has the district attorney investigating this father? He had a right to kill the punk.

I intend to live forever, or die trying. It Could Be that the Purpose of Your Life is Only to Serve as a Warning to Others. Join the Army, meet interesting people, kill them. All those who believe in psychokinesis raise my hand.
3 years 34 weeks ago, 7:15 PM

HampsterW

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First: The 'wonderful youth' learned a cold hard lesson about fucking around at someones back door at 0100, I suppose the bereaved father can explain that....and Second: 'doorbell ditching' the place up front is the stupidest thing I ever heard, lets wake em' up and then break in.....This is just a case of 'natural selection'.....I am with Brother Lyle, I'd have waited until he crossed the threshold.....Bigger mess but better off legally.

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 34 weeks ago, 7:49 PM

Doc2233

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Sued & Arrested

In Connecticut if I had done that they would have arrested me and the family would have been contacted by 50 lawyers ready to sue my ass....

No Castle Doctrine in this state...even though we have had one of the worst home invasion cases to hit the media in the past few years

I just love this state!

"A free people ought to be armed." - George Washington
3 years 34 weeks ago, 7:55 PM

Ebear

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that is my point

over here they would be charged with 2nd or third degree murder.....in my opinion that is

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3 years 34 weeks ago, 8:00 PM

hillbilly77

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a cheap non-registered firearm or a kitchen knife unlike anything you have in your home. Bad guy plus firearm or knife and you have a very sturdy self defense case.

“If ever time should come,when vain and aspiring men shall possess the highest seats in government, our country will stand in need of it's experienced Patriots to prevent it's ruin."Samuel Adams
3 years 34 weeks ago, 8:01 PM

Doc2233

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Looking at the video...I believe the homeowner may have rushed the need to shoot.....maybe shout and scare the kid away? Maybe tell him to I had a gun and to stop trying to get in.....maybe the kid was high on something......
Too many question marks....

"A free people ought to be armed." - George Washington
3 years 34 weeks ago, 8:15 PM

hillbilly77

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Night time dark outside and have someone trying to get into my home. Do you stand there and take the chance that the intruder may be armed with a gun? Let him into my home where my sleeping wife and child are, or do I eliminate the threat before he gains access to my home. I say eliminate the threat and do not take the chance. The story does not say the man did not warn the burglar before shooting him, but I would say I am armed and that they will be shot if they continue trying to get in. If they proceed then they get an exspress ticket to hell.

“If ever time should come,when vain and aspiring men shall possess the highest seats in government, our country will stand in need of it's experienced Patriots to prevent it's ruin."Samuel Adams
3 years 34 weeks ago, 8:21 PM

samD

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You can't take the chance of someone crazy enough to enter your home, when they apparentley know you are home. Suicide by armed homeowner...

3 years 34 weeks ago, 8:27 PM

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Immediately!!!!!

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 34 weeks ago, 8:48 PM

Ebear

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i gotta say no

not ubder those circumstances, i agree with Doc...a warning first and then if he entered my house....then yes...

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3 years 34 weeks ago, 8:57 PM

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I agree with hillbilly

Not only do I agree, it reminds me of a case in my neighborhood back in the 1960's. Very close to me, as a matter of fact. Very close.
When the police came, they checked the guy for a gun, and while one guy was checking the other 3 (2 cars responded) started talking about whose car the "throw down" would come from. Turns out that they didn't need one; the guy was armed.
Guns that are taken away from street punks, addicts and drunks are put into plastic bags in the trunks of officer's cars, then when a situation arises, they're "thrown down" right by the perp, and somehow his fingerprints get on them. At least, that's the urban myth - I have no proof.
One of the officers said, "shouldn't have shot him through the window. Wait till he's halfway in, then as he starts to fall, grab him & jerk him across the sill." When the lieutenant arrived, that's where he was.

If you pick up a starving dog and make him prosperous, he will not bite you. This is the principal difference between a dog and a man. (Mark Twain).
3 years 34 weeks ago, 9:11 PM

Lyle Hutchins 1

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Think about it. You, for some reason, find yourself at someones front or backdoor. The time, 0100, 0200 hours. You want in this mans house. (?????) I think I would ring the doorbell till someone came to the door. And I better have a damn good reason for waking the people!!! This kid, was at the door, trying to get in. was he quite about his intentions???? Good intentions or not. He should have enough brain power to figgure this out!! Holler out "Can I get some help?? The shooter would have waited before drop'n the hammer!! But if you are at my door at this hour, with gun in hand, I'll talk throught the door!!! Remember the 21 ft. rule??
I say Righious Shoot!! But like I said before, I would let him enter (brake-in) FIRST!!! Then dispatch him. Hell sakes, none of us really knows what we would do, till this happens!!!
This is something to think out before it happens. Always play scenario's in your mind. Think, what will keep my ASS out of JAIL!!!!
Lyle

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3 years 34 weeks ago, 9:45 PM

HampsterW

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how this plays out, I still believe you have the best legal defense when the dude has already entered your home....But I agree, waiting to see if he is armed could cost you your life, better him than me.........

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 34 weeks ago, 11:12 PM

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Unless they are trying to start a fire etc

when he opens the door that's different.

Now what would you do if on the jury ?

A little rebellion is good medicine for the government Thomas Jefferson
3 years 34 weeks ago, 5:06 AM

hillbilly77

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Outside no harm?

I am pretty sure the story says that the home owner shot him threw the door. I would bet the corpse would say if it could damn that gun was powerful even threw the window. If the home owners weapon was lethal then whatever the burglar had could have been just as useful. As for being a juror in my neck of the woods this guy gets off and the court apologizes for the time away from work. Maybe in liberal states this guy will be in trouble, but in real states this is a justified shooting.

“If ever time should come,when vain and aspiring men shall possess the highest seats in government, our country will stand in need of it's experienced Patriots to prevent it's ruin."Samuel Adams
3 years 34 weeks ago, 9:05 AM

manu2014

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We are working hard for the castle doctrine here. As is stands, according to my CC instructor and the Sheriff - if they are breaking in you can shoot them but once they are in you need to assess and use only enough force to match the threat. We spoke about this at length as I made the joke about dragging them inside... Sounds ludicrous but that is the way it is. The Front Sight Training (I have the DVD's) and the tactical class I went to always has you verbally warning that you are armed and will use force... Then if they continue to come at you or whatever, you are more justified in using deadly force. It needs to change in support of the defender but I know I would save myself and family and worry about the consequences later.

Rather than love, than money, than fame, give me truth. Thoreau
3 years 34 weeks ago, 9:57 AM

HampsterW

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that the little puker had an accomplice who was trying to jimmy his way into another window when his buddy got shot. http://www.ksl.com/?nid=148&sid=13192165

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 34 weeks ago, 10:02 AM

Larry Wagner

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Why do all these Kid's

now days have such a giant death wish, & total disregard for anything or anybody?
Yea I know, it's the times, the law, complacent scared to death by the law parents???
It's a shame. 18 & dead for NO REASON.

Any day above dirt is a good day!!! My New Motto: Where Do I Sign? (Oh yes I would)
3 years 34 weeks ago, 2:06 PM

Lyle Hutchins 1

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Here I go again!!
If the little Bastard would have been at work like he was supposed to be, he would have been alive today!!! Wouldn't He??? Then this whole conversation wouldn't be taking place!!
Hard, Harsh words!!
The employer says "he's a good worker, does every thing I told him." Big Damn deal!!
What in the HELL was he doi'n brake'n in a home??? He earned a 124 grs. of good O'l American Lead!!! Least ways, they can question the one that is "alive"
Had a Cousin back in the early 60's, he was steali'n hubcaps, got shot through the sholder, with a .22!!! He shoulda been home in bed!!! like the good little boy his mom thought he was!!

Tuff Shit!! Now we can go to a funeral, and hear what a good kid he was. Then someone in the congeration can wounder "If he was such a GOOD BOY, why is he lay'n in a Casaket"????
Lyle

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3 years 30 weeks ago, 3:52 PM

OozeRat

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I haven't been able to

I haven't been able to confirm it but a co-worker told me they announced that there will be no charges against the homeowner

Nothing is as risky as certain failure.
3 years 30 weeks ago, 3:57 PM

HampsterW

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it Ooze, no charges and quite right!

Change you can truly believe in comes from the barrel of a gun---------------------------------------------------------------------------------Ron Paul 2012----Vote the bastards out!---------------------------------
3 years 30 weeks ago, 4:35 PM

Lyle Hutchins 1

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burglary suspect, shot

Its too bad the kid had to die. Should'a died of old age.
Life is full of choises
Lyle

Lyle Hutchinson
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3 years 34 weeks ago
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