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Home Owners Rights to Protect & Defend Case study & input; What would you do?

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posted on Apr, 22 2011 @ 07:33 AM
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I am approaching this story that occurred in my local area. I read the story and I thought there are so many angles to look at this "event". I wanted to put it out now as this just happened. Thinking this could be ANY 1 of us at any given time. You'll see when you read the story.

It will be a up to 6 weeks before the reports come back and decisions made etc. That being said, I thought what an opportunity for us here at ATS to discuss this case, predict the particulars, make a few calls/guesses... and when the final decision is made as to the Homeowner's actions and or legal issues we can all see how it plays out.

Again, something that could happen to anyone of us. I will withhold my thoughts other than to say: (I will put at the very end): I hope you take part and provide some responses.
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Name of person alleged to have fought Reichert still unknown


The name of the person who allegedly fought with Joshua Reichert moments before he died, is still being withheld by police.

Pennsylvania State Police said the identity of the man who allegedly fought Reichert would be kept confidential until the investigation is complete. Juniata County District Attorney Cory Snook reiterated Henderson's remarks and said the identity of the man is being withheld because at this time no charges have been filed.


Police said Reichert, 30, was reportedly killed after he began banging on doors, yelling and pacing on the roadway at around 3 a.m. Tuesday outside the home of an unidentified Richfield man and woman. After several minutes the woman contacted family members and 911, according to the report

The report states the male homeowner got dressed and went outside but Reichert was not on the porch or on the road. He told police that he heard Reichert yelling from across the road. Police said Reichert was located in an area across the street that also belongs to the homeowner.

Police said the male homeowner walked toward the sound of Reichert's voice and was attacked when he came closer to the building. In the fight that ensued, Reichert was injured, however the extent and nature of the injuries have not been released by police. Police said first responders and EMTs treated Reichert, but he died at the scene a short time later.


Source: lewistownsentinel.com...
The orignal story from yesterday: lewistownsentinel.com...

So, let me know what you think. Me? Well, I will just say this.

Let this be an example of what can happen when you go banging on peoples doors (or attempt to break in ?) in the middle of the night. NO CHARGES- End of story. Time will tell.
edit on 4/22/2011 by anon72 because: (no reason given)




posted on Apr, 22 2011 @ 07:55 AM
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Without the details of the actual fight, it's hard to make any conclusion as to right or wrong. From the way it sounds, it was an actual fight, hand to hand combat, which presents it's own problems, such as one person being competently trained as a martial artist, where they are a registered deadly weapon.

In my state, North Carolina, banging on someone's door is not a right to kill anyone. Depending on what banging actual meant, if it was loud knocking then no, if it was kicking the door in, then yes. The person would need to be trying to break in your home, then you have the right to use deadly force to defend your home. Once they are in the home however, they have to attempt the use of deadly force against you in order for you to use it back.

So for example, if someone were breaking down my front door and I shoot them, I would be within my rights to defend my home.

However, if they had already broken down my front door; raided my fridge, went and sat on my couch, and were watching my TV, then it would not be ok to shoot them. As protection of personal property is not a justification for the use of deadly force. Same goes for someone stealing your car, or breaking into your shed, use of deadly force to protect person property is not justified.

Anyone in the home, must be trying to kill, rape, or sodomize you in order to use deadly force against them.

I am not an attorney, these are my own opinions, the laws of your state may vary, always seek the advice of a competent attorney in legal matters. Use anything I say here at your own risk.



posted on Apr, 22 2011 @ 08:39 AM
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reply to post by zestor
 


Well, I would agree with you except that the Homeowner was going to his other property and was attacked (allegedly).

My guess. This being a very rural area, the unwanted guest wanted the wife, or was her lover type of thing. And most likely he was drunk or drugged up and that is what probably killed him-some effect of the atlering chemical/cominbined with the the exertion during the fight.



posted on Apr, 22 2011 @ 01:48 PM
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use of deadly force to protect person property is not justified.


Without knowing what caused the attack all i can say is a aggravated assault is and can be cause for the use of justifiable force.

If the homeowner was attacked its a aggravated assault.

And if the perpatrator dies because he attacked someone that was better its his fault and only his fault.

California Penal Code 245(a)(1) defines assault with a deadly weapon (commonly referred to as an ADW or aggravated assault) as an assault that is committed with any type of deadly weapon or by means of force that is likely to cause great bodily injury to another.

They do not have to be armed to be a threat of great bodily injury.

in Calif you may use deadly force to protect your self against death or great bodily injury.

In many states if you are physically attacked be another person you have the right to protect yourself using what force necessary.

You also have the right to make a citizen's arrest.

To use these rights you do not have to be inside your home, being on your property is validation enough.

If someone is on your property without your permission you have the right to order them off your property.
If they don't make a arrest.
if they use force you can use force.

The trick is to let them escalate the confrontation to the point they are committing a aggravated assault.

Then you can draw and fire the gun you have hidden.

Never wave you gun or even show it till they have crossed the line.



posted on Apr, 22 2011 @ 04:22 PM
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reply to post by ANNED
 


excellent response.

I think we need to send a message that the honest citizen sitting at home has the right to do whatever he needs to do to keep himself, family, property etc safe.

Especially for this fella. His house is about 35 minutes from the State Police Barracks. Out there, you deal with things and then call the cops.



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