82 year old man faces 1st degree murder charges for defending his life and property., page 3

Originally posted by Blanca Rose

Originally posted by DerekJR321

Thats really reaching. They tried to run him over. Perhaps he was protecting his own life?

Well, ya know, he probably got right in front of their vehicle to stop them. I highly doubt they tried to go out of their way to run him over, while pulling a trailer.

The guy was 82, not that he could have stopped them by getting in front of their getaway vehicle, so, instead he brings a gun.

Like somebody else pointed out, is a freaking trailer worth your life? I'd be highly upset with my 82 year old father for trying to get in the way, or, shoot at them! Especially in a busy neighborhood. More than the guy that got shot, could have been hurt, including the old man!

While it's sad this happened to the old man, I don't agree with an old fart running around in the street with a gun, either!

As a ex federal security officer i would have to disagree.
as soon as the thief tried to run the man down it becomes justifiable homicide.
I was trained to block escape routes with my patrol car and stay next to it.
Then if they drove at me i was clear to fire in self defence.

I later working at a mine had thieves try to escape when i had the road blocked.
When they saw i was armed with a AR15 they tried to escape by driving off road.
This got them caught because they wreaked there truck.
The cops ask why i did not shoot and i told them it was more fun to watch them wreak there truck.

Especially in a busy neighborhood.

I don't agree with an old fart running around in the street with a gun,

You are making a assumption, If they were leaving the property and the old man was in the way that would likely mean that the he would have been firing into his own property not into the street. plus no where in the story does it say the old man was on the street.
if your blocking someone from leaving your property with your property why would you run into the street.

If i was on the jury i would acquit on the facts.
one: they were a threat of death or great bodily injury by driving at the old man. justifiable homicide.
two: He was making a citizen's arrest for a crime he saw being committed on his property. The thieves then escalated to a threat of deadly force giving the old man cause to fire to protect him self.
three: They were stupid trying to get away from a armed homeowner.(i know it not a crime to be stupid but in cases like this it should be)

law in Colorado,
18-1-705 - Use of physical force in defense of premises.
A person in possession or control of any building, realty, or other premises, or a person who is licensed or privileged to be thereon, is justified in using reasonable and appropriate physical force upon another person when and to the extent that it is reasonably necessary to prevent or terminate what he reasonably believes to be the commission or attempted commission of an unlawful trespass by the other person in or upon the building, realty, or premises. However, he may use deadly force only in defense of himself or another.

It was the thieves that escalated the crime to cause deadly force to be needed. They could have stopped at any time and likely no one would have been shot.

[edit on 8-7-2010 by ANNED]