Man jailed for defending himself in own home.

a reply to: infolurker

During the depression, my grandfather shot and killed an armed intruder in his home and then buried him in the backyard. Happened in Henryetta, Oklahoma

I also don't think he should have been charged, but I do agree with others, that chasing the attacker and stabbing him multiple times and killing him went beyond self defense.

A struggle ensued and continued through the home's main floor and then outside to the deck, where Bunn was stabbed with his own knife 13 times, according to the agreed upon facts read out by Cummings at Pratt's sentencing hearing.
Court was told the final stab, to Bunn's heart, was the fatal one, and that he was kicked a number of times afterwards.

Stabbing the intruder 13 times and kicking him after he was dead was not done in self defense.

"He was justified in taking defensive action, but the jury has concluded that his taking the knife of Mr. Bunn and stabbing him multiple times went beyond what was necessary for self-defence," Cummings said.

I think Pratt lying to the police about what happened may have also played a part in his sentence.

The only witness to the fight was Pratt, court was told.
He initially denied to police on numerous occasions that a knife was used in the attack, which Cummings called a "concerted effort" to lie about what happened on the deck.

originally posted by: infolurker
a reply to: Macenroe82

So,

If I am reading this right, if you live in Canada and end up killing an intruder who tried to kill you, you must not ever call the police and dispose of the body?

I'm with you on that. Intruders wouldn't be missed especially random types. Weigh up jail time versus offing an intruder and disposing the body. I know what I'd do.

Kind regards,

bally

originally posted by: DeathSlayer
a reply to: infolurker

During the depression, my grandfather shot and killed an armed intruder in his home and then buried him in the backyard. Happened in Henryetta, Oklahoma

Crikey mate. That's a revelation if ever I heard one. Might be a knock knock on the door soon.

Don't blame him though.

Kind regards,

bally

a reply to: DeathSlayer

Amen to your grandfather and may he rest in peace.

I know the perp was probably acting out of desperation given the circumstances during the depression, but that still does not give him the right to break into a man's home, armed at that.
Your grandfather did the right thing.

Even in the event of self defense, is there not a technical turning point where the defense turns to offense? If a gun is used to defend, one shot say disables the attacker. A second shot then that kills is then an act of revenge.

Also, maybe the intruder would have escaped to just bring back more firepower or friends to finish the job?
a reply to: TiredofControlFreaks

originally posted by: infolurker
a reply to: Macenroe82

So,

If I am reading this right, if you live in Canada and end up killing an intruder who tried to kill you, you must not ever call the police and dispose of the body?

That's what I'm thinking.

Call a buddy with a backhoe and do some "landscaping".

a reply to: Macenroe82

I'm in the U.S. and both countries have similar "requirements" for use of deadly force.

An observation? IMO...the homeowner...once having the man down...was the aggressor by going further with an aggressive-very personal forward knife "defense" and stabbed him...

That'could be construed he had no reason to fear for his life...but stabbed the guy when down.

Gun or a knife? A gun protects from a good distance up to personal space...a knife now...must be "in your face" up close and personal.

Defensive moves?

Protect you n yours all! Peace

Life has consequences.

originally posted by: grey580
a reply to: Macenroe82

The problem there was that, in the eyes of the law, he was no longer defending himself and was instead the attacker.

In that case, the cops would have no right to arrest either of them and/or charge them with anything, since one of them was dead and not capable of breaking the law and the other was no longer attacking anyone. So all should be well.

If the fact that something is in the past and no longer a threat wipes out the need for anything to be done about it, why do the authorities have the right to do something about it after the fact when there is no longer a threat?

a reply to: BrianFlanders

You'd have to ask a lawyer and the courts.

In some places you can only fight as long as your life is in danger. And it's your responsibility to flee if possible.

Which I think is bs. But whatever.

originally posted by: grey580
a reply to: BrianFlanders

You'd have to ask a lawyer and the courts.

Oh if you believe everything a lawyer says they could have you believing anything.

But that's kind of beside the point. That particular law is obviously arbitrary and subject to the whims of the people who made it.

I live in Canada. My motto is basically this:

If you can self-sufficiently defend yourself from an intruder or criminal who want's to hurt or kill you - bury them, and hide all evidence. Never call the police.

Why?

Because as soon as you call the police, they will enter your home, look for any other possible reason to charge you with something other than "murder". Plus, if the jackass gets away, they can always come back and finish the job. Also, if they do get away, they can also charge you for injuring them, if you did. Yes, a criminal who enters YOUR home and you defend YOURSELF can CHARGE YOU.

On top of that, you will also be charged with "attempted murder" and whatever else they can find just to fine you for more money.

Canada is sh*t and I stick with my guns and weapons. I would get landmines and bear traps if I could.

a reply to: shawmanfromny

absolutely...if someone's detained or running away or outta your house or yard....you can't shoot at a FLEEING person...and YOU can be charged....

In the house...not garage, barn or yard...it's a bit different.

Encounter inside? You can shoot. They are in your closed, personal space. SEE them inside...you can't...

To use deadly force is not open and shut. 1st requirement is fear for yours or someone losing their lives or great bodily injury.

You cannot shoot someone running away or you see is in your house...you back away...because your not in immediate danger.

Chase someone and shoot them, you CAN go to jail as they were running away.

M.S.
Glock 45 acp on my nightstand