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Random Quote: If that was bad for you I would already be dead.
Actually, the law in Arkansas is "You have the right to defend yourself when you feel there is a threat of personal bodily harm or death,” What this means is that if you're at home, and someone breaks in, if you feel like your life is in immediate danger, under Arkansas law you can use deadly force. Thanks to a new law, you can also use deadly force against an imminent threat in your yard, but that's only if they are attacking you.
“You can't use deadly force to defend property only. If they're going out your window with your television, you have much less opportunity to take the shot because you're not defending yourself, you are defending your property. If you want a bottom-line of what the law says, it’s all in how you argue it after the fact,”
My Sheriff told me it would be difficult to explain to a jury that I shot an unarmed man in the back as he was running away and felt that I was in imminate danger. The only shot presented to me was a back shot. Although, the Sheriff did say in the county I lived in, I probably would have gotten off. Key word is probably - depended on who the perp was and what his connections were. He bolted so fast, I never had a chance to feel threateded. When I first saw him, I expected him to turn and confront me. Had that happened, I probably would have done what the majority of you have advised. It is kind of like walking down a creek bank and having a snake bolt out of the grass into the water - it startles the heck out of you, but you don't feel in danger, as opposed to a snake that coils up in the trail and stands its ground. As far as coming back to steal the weapon, I doubt there is a house in my subdivision without at least ten firearms. Perp was most likely white, but possibly hispanic. As far as moving to Panama, I have been doing a lot of research lately on a retirement home that is more friendly to a fixed income than the U.S. Panama looks the most inviting - but probably has a much higher crime rate than where I now live.
I think you did exactly the right thing cudacat. You had to have been in a little bit of shock at the time. I have no idea how my husband or I would have reacted, given your circumstances.
You need to get a Bichon. Their AKC description says they are a breed whose speciality is to bark and yap and alert the big dogs so they can take care of business!
Seriously, that guy was either on drugs or in need of a fix - very unpredictable. This had to be an awful experience for you. Get an alarm system. This should be a wake-up call for those of us who leave keys hidden. Someone could take it, have a copy made and replace it before you know it's gone.
Please change your locks. Hidden keys usually aren't as well hidden as we would like to think. If you guys are gone on a regular basis, it wouldn't be too big a deal to "borrow" it long enough to make a copy. I think you showed admirable restraint in not capping this idiot since he was retreating. Front-to-backs are a lot easier to explain than back-to-fronts. Either way, you need to be the only one available for questions.
first shoot the dog he is as useful as a c@ck flavored lollypop... then get motion detector lights around the house and one of those fake video cameras installed outside your front door..
Changed out my door locks this evening. Already had motion detection lights - evidently, someone who enters your house at night when they know you are there is not deterred by motion dectection lights. Will purchase some other security measures tomorrow. Hopefully, we can get some sleep tonight
Yeah, lets give a burgular/stranger/intruder the benefit of the doubt. Lets give him a few seconds to decide what he wants to do. Maybe he will leave peacefully, "and there is a good chance that he or she is armed or intend harm for other reasons." Smart. A split second stands between my life and his. No thanks. I'll shoot first then take my chances.
I value MY life and the life of my family first. Not an INTRUDER that BROKE into MY house at 1 in the morning.
Sorry, I consider any stranger breaking into my home in the middle of the night a threat and a danger to my life.
__________________
That is crap.
Which idiot told you that CO2 only makes up 0.039% of the atmosphere?
There are many states that are now adopting castle doctrine laws that basically allow you to shoot if they are in your house. An intruder or burglar does not have to be armed for you to take them out of the gene pool. You basically need to feel threatened, and nobody but you knows if you feel threatened. Don't shoot em in the back, as this makes a self defense argument difficult in court. If you have to shoot, don't answer any questions until you have had time to calm down and think rationally, and it would still be wise to get a lawer before answering anything, and stress how threatened you felt . Remember, if someone has broken into your house at 1am, they're not there for milk and cookies.
Given your circumstances you did the right thing. If the perp had turned and faced you for a split second, than by all means, put an end to his victimizing spree, and save taxpayers the 40k a year it takes to incarcerate him. The safety of you and your family is of utmost importance.
This is not meant as legal advice to anyone, just my personal opinions.
Practice some good situational awareness from here on out, and be very cautious of anyone that may come to your front door, even during daytime.
Glad you are ok.
That probably would have not worked out very well. Especially if the guy was unarmed and made no attempt to attack you.
WTF???!!!
If someone breaks into MY house at 1:00 A.M. while my family is home asleep that persMore on will leave my house in a body bag.
and there is a good chance if he or she is unarmed or harmless for other reasons, you will leave in handcuffs......smart
This is moronic, do you really think that someone who breaks into your house at 1am is harmless??? Maybe you should just offer him a beer and a blowjob and he'll leave happily, should you ever find yourself in a similar situation.
More than likely it was just some junkie looking for something quick to steal to trade off for his next fix, but i can tell you from 11 years experience dealing with drug offenders not to underestimate how dangerous they can be when they are trying to feed their addiction.
What's important is thay no one in your family was hurt, you showed extreme restraint in not pumping a few rounds into a deserving lowlife. I'm not so sure he would have survived that encounter at my house. And get a real dog for God's sake already.
About 10 years ago a friend of mine was living in south Louisiana working in the oilfield when one night while he and his wife were in bed asleep he awoke to an intruder bent down over him, looking into his face, their noses only a couple inches apart. He lunged for his nightstand where he kept a ,22 auto pistol & when he did the intruder bolted. He obtained his weapon & ran outside his front door & scanned his yard. He looked to his left & saw the guy running hard directly away from him. He said on about the third shot he heard a distinct "ummphh" sound from the intruder. Police apprehended the suspect a short while later at a local hospitol.
HE said he was a local hero for a while after that. The local newspaper ran an article about the incident with his photo on the front page. He said people would recognize him around town & say "way to go" Or folks he didn't know would give him a thumbs up & say "nice job".
Another guy, Neighbor & customer of mine, Hard working family man. He was at work one day & his wife called hysterically saying someone was attempting to break down their front door. His business was only about a mile away & he jumped into his truck & raced to his home. He had a 357 & rushed into his front door & threw down on a guy & yelled Man what you doin in my house? But he didn't see the other guy, the guy off to the side, the guy with the 410. Prosecutors didn't even seek the death penalty.
Different people will react differently in those type situations. I'm afraid if someone breaks into my house in the middle of the night I'll probably kill them.
First of all - you need a new dog. (unless the perp is someone you know very well - that could be the very reason the dog was NOT alarmed)
You did right thing. The only thing I could think that you may of did wrong is you got out of your defensive position and left your wife to confront the perp. You should of stayed with your wife and cover the bedroom entrance and let the perp take what he/she wants. Unless you had childrens/families in other section of the house that you had to secure. "IF" that was the case. Then you don't have much choice but to leave your defensive position and confront the perp as you did.
Once in the new defensive position. Simple announce to let the intruder know you are well armed and if he/she wants to live he/she had better be gone fast.
The moment that 9mm is pulled out of the drawer. Do not hestitate to shoot if given the opportunity. (as in a multiple frontal shot). Just make sure you understand and acting according to the laws of your jurisdiction then feel free to empty the whole magazine as needed.
A word of advice. You know those old school "door chains" or those old school "door bolts." Those are the best thing you can put on your door.
If there is NO hard breaking-and-entering. Just someone in your house that you can't identify. Chances are it a family member. Maybe your kid stealing your wife money out of her purse. So no need for lethal force. On the other hand.
If you hear a hard breaking-and-entering. You are guaranteed that you are dealing a bad guy. Family members don't break through door chain or door bolt. They knock instead. Time to pull out deadly force because you are gonna needed it.
In Florida a bill was passed and went into effect on October 1, 2005 that:
"Creates a presumption that a defender in his or her home..has a reasonable fear of imminent death or great bodily harm when the intruder is in the process of unlawfully and forcibly entering or enters. It also creates a presumption that the intruder intends to commit an unlawful act involving force or violence. These presumptions protect the defender from civil and criminal prosecution for unlawful use of force or deadly force in self-defense."
This sounds great but doesn't mean you won't be arrested or be sued. It does, however, offer additional arguments and protections for the defender when it goes to court. In this case of the intruder likely entering through an UNLOCKED door (hidden key was undisturbed) an argument MAY be made - although very weak - that there was no forceable entry. I think you could probably presume that a stranger without permission making entry into another's home would constitute forcible entry.
For those that say don't shoot - what about the second guy in the kitchen? The homeowner at this point has no knowledge as to whether there are additional perpetrators in the house and whether the initial retreat was a ruse to lure the homeowner into the open. Also, just because the burglar appears to initially retreat doesn't mean the retreat will continue or he won't turn and shoot with his own gun - remember, the homeowner doesn't know if he's armed. Additionally, the scum is still on the street.
For those that say shoot - it could mean some jail, court time and attorney fees while things get worked out. It could be the kid next door (although he could be a druggie and potential killer). As already pointed out, you'll have to live with the decision for the rest of your life.
My position is if I hear him breaking in and he has not yet entered, I warn and give him a chance to halt and retreat. If he's in, bang.
menzies - glad to hear when someone has such a great dog (lab/chow), we had ours for 12 wonderful years. We now have 2 dogs, 1 enforcer and 1 attitudy. The attitudy is a 12# jack/rat (jack russel/rat terrier), mean as a snake. The enforcer is a 80# doberman/chow mix, just as gentle and loyal as our lab/chow was and very protective. He is not quite as aggressive but looks more intimidating, we have had to hold him back at times. The jack/rat is the 1st alerted to anything then the big boy follows and awaits instruction (from the jack/rat).
Skip the dog.......buy an arc welder and use it to energize the door knobs at your house. When you hear the guy screaming you can pull him into the house (he will be stuck to the knob) and beat him with a baseball bat or some rebar taped together.
If you decide to plug him in the back make certain you stand him up and put at least one round in his chest......you can say the back shot came after the first round spun him around.
First, The guy probbably used a bump key as stated earlier.
More importantly is the self defense aspect.
When you made contact with the suspect, I assume he at least turned a little a looked at you. What has he just done, TARGET ACQIURED. Now his back is to you so cant see what his hands are doing. They could be retrieving a gun or knife out of his waistband. At bare minimium if he is in your wife's purse, she could have a knife in there or most women carry a LARGE keyring of keys. I have seen people beat pretty good with a handful of keys, they are like a bunch of little knives when used on the face. Lastly, the guy KNEW you were up and awake as he reopened the door after you lock it. A burglar would have fled at this point, not this guy. All these details point to justified shooting. We as a society are so used to being forgiving and benefit of he doubt, but when they are in your house dont make that assumption. The guy went into the house at night when people would be home. This is why I always tell people if they shoot someone, get an attorney and get him to the scene before you make any statment to he police, they can help you prepare a proper statement. I am not an attorney nor am I a big fan of attorney's but they definitely have their place and this is a place to have one if you shoot...
__________________ "I'm suing the THT and the guy that made it."
If you own a firearm, and you employ it in a self-defense situation, you absolutley must be mentally and physically prepared to use it. Lest you are disarmed and killed by it. Police officers, soldiers, etc, train constantly so that in the most stressful and dangerous situations they encounter, their training takes over and they do not have to think through their next move.
It's a matter of muscle conditioning physically and mentally preparing oneself to do what is neccessary to survive. Threat-shoot, threat-shoot, threat-shoot.
My Glock is in my nightstand. I will use it to defend myself and my family. And you better believe that when the police arrive, my statement will be, "All I could see was that big kitchen knife in his hands, I thought we were going to die."
And, since I live in the People's Republic of Massachusetts, I'll get 10-12 for Manslaughter because the heroine addict I shot dead came from a broken home and his mother drank too much and his father was abusive and he had no friends at school and I should have realized this...... what a jerk I am.
__________________ Seems there are more people riding in the wagon these days and far fewer pulling
I have had plenty of time to think about this since it happened, and here is what I know. I have talked to four officers and one judge. What I have learned is that I should have known this stuff when I first decided to put the gun on my night stand. In Arkansas, it is legal to shoot someone in your house if you feel imminent danger. You can use deadly force to protect your own well being, but you can not use deadly force to protect property. However, if I had shot the perp in the back (he never even gave me the slightest frontal look - he must have noticed me out of the corner of his eye, and bolted to my left and away), I would have gone to trial, and may or may not have gotten off. At the very least, attorney fees, at the worst, three years for manslaughter, loss of job and retirement benefits, and wife can't make it on her salary alone. I will not leave a key "hidden" outside anymore. I have changed my door locks and today will install additional security measures on each door. When I went to investigate the noise, I left my wife unarmed. If the perp had shot me, she would have had no defense. There is now a shotgun by her side of the bed. I now have a clothes hanger hanging on the door knob of eached closed door in the house - a single burglar is unable to enter (and hide) in a room or closet with a closed door with out removing the hanger if they close the door behind them (probably stop this after wife's inital fear subsides). I also now know some of the neighbors have missed cash in the last couple of weeks. I also know one of the prime suspects is a 20 year old neighbor my dog knows extremely well. I know when you pick up your weapon, you better have rehersed your plan in your mind over and over. When I saw the perp bent over my wife's purse, I assumed he would turn to confront me, and not knowing if he was armed, I was going to fire until he quit moving. However, when he bolted and ran, my plan fell apart. When this situation happens, you go from dreaming about catching a 1000 lb. marlin to making a life or death decision in a matter of minutes (or seconds), in a dimly lit environment, usually with no prior experience. I also know this played out quicker than the time it takes you to read this sentence. After he bolted, the only thought I remember before he made it out the door was "not in the back". I am actually amazed that, with the adrenalin pumping, the safety off, and my finger squeezing the trigger, I did not accidently let one go. I think under the same exact circumstances, I would hope to do the same thing again. We lost $80, and no attorney fees or jail time, and gained some fear, knowledge, and experience. We have made our house a safer place to live. We have made a plan for my wife if she is ever alone in this situation - to prepare her weapon, hold her position, and call the cops. This would probably be the smartest thing for me to do also, but it is not within me to do that. I hope this is a once in a lifetime experience, but if not, I believe I am better prepared if it happens again.
Re: Burglar in My House 
