SIAP: Off-duty OHP trooper kills would-be burglar in Deep Deuce

[kevinpate]

There no real shortage as it is, but I agree it would be sad to see a strong uptick. But as more and more bodies inhabit 24/7, it is likely to happen. Crime follows opportunities. It usually doesn't sit and hope an opportunity presents itself.

[BBatesokc]

A woman was apparently accosted in the the 444 North Central Ave. parking garage the same day. Heard this from a friend who owns a large condo there.

[Chadanth]

A woman was apparently accosted in the the 444 North Central Ave. parking garage the same day. Heard this from a friend who owns a large condo there.

The police were saying they believe it was the same guy.

[Urbanized]

Nice hat!

[Achilleslastand]

Don't cut on superman's cape
Don't spit into the wind
Don't pull the mask off the old Lone Ranger
And cop's garages ya don't break in

I always thought it was "ya don't tug on superman's cape".

[RadicalModerate]

I always thought it was "ya don't tug on superman's cape".

Poetic License, Amigo. (geezfercryinoutloud . . . =)

[kevinpate]

I always thought it was "ya don't tug on superman's cape".

Oops. What can I say ... some memories from the 70's are less crystal than others.

[Zuplar]

When I took my cc class the attorney that spoke to the class also included that covered porches counted as part of your home. I had always thought they had to breech the home or garage before shooting....he challenged on it and stood by his statement. I never did check it out to see if that was the case.

If your life is in danger, you can pull the trigger. Doesn't really matter where you are, as long as its not a place where firearms are prohibited.

[BBatesokc]

If your life is in danger, you can pull the trigger. Doesn't really matter where you are, as long as its not a place where firearms are prohibited.

The only condition being, you'd better be able to convey that same fear for your life to a potential prosecutor and possibly a jury.

[Zuplar]

The only condition being, you'd better be able to convey that same fear for your life to a potential prosecutor and possibly a jury.

Very true, but if you are truly in danger and scared for your life, probably will be easy. Of course I believe if the police find it was self defense, sometimes there aren't even charges brought up.

[shawnw]

Haha, we made a cameo. At :40 you can see me and the kids walking home.

They cut away before I got in the shot right behind you. I actually didn't realize they were filming when we walked by...

[BBatesokc]

Very true, but if you are truly in danger and scared for your life, probably will be easy. Of course I believe if the police find it was self defense, sometimes there aren't even charges brought up.

In reality, while it matters what the police investigators think, a file will always be presented to the DA's office and it is the DA's office that decides whether or not to prosecute in a case where someone was killed.

In other types of criminal cases (where nobody dies) the police can indeed determine if the case proceeds or is dropped. Sometimes you'll hear the term 'we've received the blue sheets' from someone with the DA's office. That is in reference to the case file being turned over to prosecutors for consideration. For whatever reason, a case may be investigated (and may even have prosecutorial merit) but police never turn the blue sheets over to the DA's office. Sometimes the reason is legit, and sometimes its someone doing a personal favor.

[Roger S]

Wow.... I opened this thread expecting to see a bunch of people saying the officer used excessive force when he removed the man that had rushed out on his garage from his garage.

Probably a good thing he shot, rather than tackle, him.

I won't get into any arguments about what the law says about this but I'm pretty certain this officer handed out a big dose of well deserved justice...... Unfortunately I also know. That sometimes the law, <cough>Ersland</cough> and justice, don't see eye to eye.

[kevinpate]

No valid comparison exists between the actions of this homeowner/officer and the former pharmacist.

Now, should the officer tell several inconsistent tales, lie about his background, try to falsify medical information to support one of the inconsistent tales, and a home security tape emerge showing the officer dropping the intruder and then going off a bit then walking back by him, fetching a second weapon, returning back to the fallen intruder and firing several shots into the intruder's chest, well, then we'd have something that was fairly comparable.

[Zuplar]

Wow.... I opened this thread expecting to see a bunch of people saying the officer used excessive force when he removed the man that had rushed out on his garage from his garage.

Probably a good thing he shot, rather than tackle, him.

I won't get into any arguments about what the law says about this but I'm pretty certain this officer handed out a big dose of well deserved justice...... Unfortunately I also know. That sometimes the law, <cough>Ersland</cough> and justice, don't see eye to eye.

You aren't the only one that thought this way. It's amazing the different in opinion here.

[Roger S]

No valid comparison exists between the actions of this homeowner/officer and the former pharmacist.

There is a very valid comparison..... Had neither perp entered the property they entered with the intent to commit a crime. Neither of the victims would have been put in a situation to do the perps bodily harm.

Which is exactly why I say Justice and the Law do not always see eye to eye.

[kelroy55]

There is a very valid comparison..... Had neither perp entered the property they entered with the intent to commit a crime. Neither of the victims would have been put in a situation to do the perps bodily harm.

Which is exactly why I say Justice and the Law do not always see eye to eye.

If the perp was unarmed and wounded do you think the officer would have gone back in the house to reload and come back out and shoot the robber?

[MustangGT]

No valid comparison exists between the actions of this homeowner/officer and the former pharmacist.

Precisely. The former, in all likelihood, acted legally and the latter certainly did not.

[BBatesokc]

There is a very valid comparison..... Had neither perp entered the property they entered with the intent to commit a crime. Neither of the victims would have been put in a situation to do the perps bodily harm.

Which is exactly why I say Justice and the Law do not always see eye to eye.

I would disagree - I also do not see any valid comparison between this shooting and the Ersland case (thus far) - aside from the fact that a crime was committed and the criminal was killed.

Unless I'm reading your post wrong (which has been known to happen) - you seem to be saying, simply having intent to commit a crime against another warrants the death penalty.??.

I would strongly disagree.

In the Ersland case, had his first shot taken the kids head off I'd say - valid kill.

From what I'm reading the officer reacted with deadly force (and didn't overreact, as in the Ersland case).

Do I agree Ersland committed a crime? Yep. Do I agree with his penalty? Nope.

[Roger S]

If the perp was unarmed and wounded do you think the officer would have gone back in the house to reload and come back out and shoot the robber?

Who knows what he might have done.... You missed my point.

[Roger S]

I would disagree - I also do not see any valid comparison between this shooting and the Ersland case (thus far) - aside from the fact that a crime was committed and the criminal was killed.

Unless I'm reading your post wrong (which has been known to happen) - you seem to be saying, simply having intent to commit a crime against another warrants the death penalty.??.

I would strongly disagree.

In the Ersland case, had his first shot taken the kids head off I'd say - valid kill.

From what I'm reading the officer reacted with deadly force (and didn't overreact, as in the Ersland case).

Do I agree Ersland committed a crime? Yep. Do I agree with his penalty? Nope.

Nope... As I have already said.... The law and justice do not always see eye to eye..... Could be why we have the two quotes "Justice is blind" and "In the eyes of the Law"

What I'm saying is that if the perps had stayed home and played Madden 20?? on their XBox that day. They would both still be alive. This officer would never have fired a shot and Ersland wouldn't have made the decision he made that day.

In my opinion justice was blindly served to both perps. They got what they had coming to them....... In the eyes of the law one, maybe both, of the victims in these situations are guilty.