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Thread: Another "Complicated" Stand Your Ground Case

  1. #1
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    Another "Complicated" Stand Your Ground Case

    Whether this case gains any traction with the press remains to be seen. Missoula, MT, is a little off the beaten path and is unlikely to jump out on the national radar but it has some curious wrinkles. Here's the story, which is obviously still developing (http://billingsgazette.com/news/stat...ffc906c7c.html).

    A quick synopsis: A 29-year-old guy, recently relocated to Missoula with his girlfriend and infant child, have their home burgled twice in the last couple of months. The guy's reportedly pissed at the Missoula PD for not getting to excited about the whole thing and decides he's going to be a tad more proactive. He sets up an alarm system around the home with some security cameras and here's where it gets a little sticky. His girlfriend has reportedly admitted she salted a purse with some readily traceable items and left it in the garage with the door open, presumably to bait the thieves into stealing something that would allow them to be identified if they attempted to pawn the items. Additionally, the man reportedly told a neighbor he'd been sitting up several nights in a row, hoping to catch the thieves and, if necessary, shoot "some ****in' kid."

    Well, the plan worked. Last Saturday night the alarms go off, he sees someone in the garage on the video camera, and heads out with a shotgun. The shooter has told police he was in fear for his life and swept the garage with four shots without giving any verbal warning. And took the head off of a 17-year-old high school exchange student from Germany attending his junior year at a local Missoula high school. There was apparently another individual in the driveway, as yet unidentified, who fled the scene.

    The shooter has been charged with deliberate homicide. His attorney is suggesting they will use Montana's "Stand Your Ground" law as a defense. And the predictable shit storm has commenced, with some elected officials calling for a repeal or revision of the law while others are insisting the case is in its preliminary stages and it's too early to make any judgements about the law. Regardless, the age of the deceased and the fact that he was a foreign exchange student is sure to muddy the waters. Local news are already running stories about what a great kid the deceased was, a talented soccer player, active in school activities, and generally well-liked and popular.

    Obviously the kid had no business in this guy's garage in the middle of the night and, once they find the other party that fled the scene, I suspect it's going to come out that they were planning to rip the guy off (although that's pure conjecture on my part). But setting out "bait" for the thieves, knowing there's a person in the garage, and just hosing it down with a shotgun without so much as a "Hey, Mother****er!" is starting to venture into a pretty gray area, at least by my reckoning.

    Anyway, could be an interesting case.

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    Whenever you bait people it gets real sticky. Sounds a lot like the nut in Little Falls, Minn who baited some kids and killed them.

    http://news.msn.com/crime-justice/de...ed-in-own-home

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    I have no sympathy for thieves, gas station employees shoot and kill people taking 20$ worth of items pretty regularly around my area. Do I think 20$ of junk food is worth taking a life, no but in many cases it is justified here. In this instance I have trouble not seeing this as some sort of premeditated murder with all the baiting and telling neighbors your plans (if true of course). If this does not make national news please keep us updated, I too would like to see the emerging details and conclusion.
    Last edited by murphman; 04-30-14 at 11:29.
    "If you love wealth better than liberty, the tranquility of servitude better than the animating contest of freedom, go home from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hands which feed you. May your chains set lightly upon you, and may posterity forget that you were our countrymen"

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    Quote Originally Posted by wahoo95 View Post
    Whenever you bait people it gets real sticky. Sounds a lot like the nut in Little Falls, Minn who baited some kids and killed them.

    http://news.msn.com/crime-justice/de...ed-in-own-home
    Was just about to bring this up. Read about this the other day when the guy was convicted.

    I assume you are tying to link to this: http://www.foxnews.com/us/2014/04/29...itated-murder/ but your link does not seem to work.

    Why there people going around telling their neighbors about their plans and making it obviously premeditated is beyond me. There are enough crime review shows on the Discovery Channel alone to figure out how to do this with limited exposure lol. Sheesh! :-D
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    These things happen.
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    His lawyer is making the case one of "stand your ground" when it isn't. Amazingly, it's like how Trayvon's side tried to make their case one of "stand your ground" when it clearly wasn't either.

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    Wrongful acts on both sides, but the whole shindig was started with the illegal actions of a thief.
    Appropriate levels of justice are hard to find when half the public is gonna feel sorry for the kid that was stealing...no sense of right and wrong...I'm a broken record.
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    I don't see how the owners actions null the fact the teenager entered their home to burglar them. Is there a portion of the law that says you have to give a verbal warning first? If I got burglarized twice in a short period of time I might sit up with a gun, too. That's premeditated homicide now?

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    That's premeditated homicide now?
    Expressing a willingness or desire to shoot a fvcking kid may count as premeditation. Otherwise I agree.

    I wouldn't take issue with baiting a petty thief with the intent to catch in the act and call the police or identify them for the police but to bait with intent to shoot counts as murder.

    I actually think that the baiting is pretty effin stupid because he had no idea who the thief was or if they were armed as well. Put the cameras and lights up and assume a defensive posture but to bust in like Mr. Majestik shooting up your own garage undermines your own claim of victimhood.
    Daniel


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    Quote Originally Posted by streck View Post
    Expressing a willingness or desire to shoot a fvcking kid may count as premeditation. Otherwise I agree.

    I wouldn't take issue with baiting a petty thief with the intent to catch in the act and call the police or identify them for the police but to bait with intent to shoot counts as murder.

    I actually think that the baiting is pretty effin stupid because he had no idea who the thief was or if they were armed as well. Put the cameras and lights up and assume a defensive posture but to bust in like Mr. Majestik shooting up your own garage undermines your own claim of victimhood.
    So how are the vice police tactics of baiting people by posing as prostitutes or drug buyers legally kosher?

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