Louisville Burglary Victim Charged with Murder

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  • BehindBlueI's

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    I bet it will be plead down to voluntary manslaughter or KY's equivalent, but yeah, shouldn't do that. If you have to chase a guy a block and he's fleeing the whole time, you're going to have a tough claim to self defense.
     

    BehindBlueI's

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    Does murder explicitly mean premeditated?

    KY Statute:

    507.020 Murder.
    (1) A person is guilty of murder when:
    (a) With intent to cause the death of another person, he causes the death of such
    person or of a third person; except that in any prosecution a person shall not
    be guilty under this subsection if he acted under the influence of extreme
    emotional disturbance for which there was a reasonable explanation or excuse,
    the reasonableness of which is to be determined from the viewpoint of a
    person in the defendant's situation under the circumstances as the defendant
    believed them to be. However, nothing contained in this section shall
    constitute a defense to a prosecution for or preclude a conviction of
    manslaughter in the first degree or any other crime; or
    (b) Including, but not limited to, the operation of a motor vehicle under
    circumstances manifesting extreme indifference to human life, he wantonly
    engages in conduct which creates a grave risk of death to another person and
    thereby causes the death of another person.
    (2) Murder is a capital offense.
    Effective: July 13, 1984
    History: Amended 1984 Ky. Acts ch. 165, sec. 26, effective July 13, 1984. -- Amended
    1976 (1st Extra. Sess.) Ky. Acts ch. 15, sec. 1, effective December 22, 1976. --
    Amended 1976 Ky. Acts ch. 183, sec. 1. -- Created 1974 Ky. Acts ch. 406, sec. 61,
    effective January 1, 1975
     

    Kutnupe14

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    I'd put him on the hook for jail time, certainly, but murder is a bit steep in my opinion. sometimes you put your life is in peril if you commit a crime. People respond to victimization in different ways.
     

    BE Mike

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    I bet it will be plead down to voluntary manslaughter or KY's equivalent, but yeah, shouldn't do that. If you have to chase a guy a block and he's fleeing the whole time, you're going to have a tough claim to self defense.
    I actually remember when shooting a fleeing felon was within the law. Of course it was in another state and a long time ago (mid-70's).
     

    BE Mike

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    KY Statute:
    Wow, after reading that it looks like he might have a legal defense. In the heat of the moment, after being burglarized (home invasion?) a person can really be emotionally distraught. I've seen it. On the down side, he lives in Louisville, the residents of which are known for their left leaning views. On the up side, he is a person of color and so was the fleeing felon.
     

    EdC

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    Tennessee Vs Garner put an end to that. How's that been working out for us?

    Hard cases make bad law. I mean, how can a fleeing felon have a reasonable expectation to a right to flee the scene of the crime? Then again, I think the case was about an unarmed 15 year old burglar that stole a purse with $10 in it, and was shot in the head trying to hop a fence making his getaway.
     

    olhorseman

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    Wow, after reading that it looks like he might have a legal defense. In the heat of the moment, after being burglarized (home invasion?) a person can really be emotionally distraught. I've seen it. On the down side, he lives in Louisville, the residents of which are known for their left leaning views. On the up side, he is a person of color and so was the fleeing felon.

    Homeowner one of these guys?
    image.jpg
     

    BehindBlueI's

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    Wow, after reading that it looks like he might have a legal defense. In the heat of the moment, after being burglarized (home invasion?) a person can really be emotionally distraught. I've seen it. On the down side, he lives in Louisville, the residents of which are known for their left leaning views. On the up side, he is a person of color and so was the fleeing felon.

    He has a defense against murder. That's why I figure it'll end up being manslaughter of some type.
     

    chrisjross85

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    Feb 3, 2012
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    Martinsville,IN
    Whats right is right and that is wrong, come on guys think about this he was posing no current threat to you or any innocent people! No different than a cop shooting a guy in the back, just a few weeks ago I seen a thread on here of people saying he cop murdered the guy. The gun community does not need publicist like this story, now if your defending your life and property from a current threat well may God have Mercy on their soul.
     

    Dead Duck

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    .
    If I had my house robbed and the dirtbag was running away, I feel I have the right to stop him in any way I see fit. I will follow him to the ends of the earth...............or til I'm out of gas.
    Especially if he is taking my car and/or any personal items that may include names or addresses of family and friends. Bonus points if he has any of my guns. I'll need those back immediately.

    I never understood the rules of a "fair fight" that some courts apparently have. What are we suppose to do?

    Example-
    Face to face with a felon, and I have a gun but he pulls only a knife. I guess I need to put my gun down and pull my knife out.
    Then he pulls a his gun, well I need to pick my gun back up.
    Then he turns away from me, well I can't shoot him till he turns toward me again.
    Then he faces me but only has a knife showing again, then I drop my gun again just to be fair.

    I've seen liberals play this out in conversation and I think it's all bull****. Fair fight my a**.
    I will stop any threat to me, my family, and my friends as I see fit at my disposal.

    Right vs wrong doesn't always equal legal vs illegal. That's way we have blood sucking lawyers.
    And race should never be an issue. I'm an equal opportunist. I'll shoot anybody. :):
     
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