Here's a good reason if the robber runs - just let him go

Geraldine Jackson was happy her granddaughter was back from the South. To welcome her back to Detroit, the 69-year-old was cooking a celebratory soul-food feast today in her home on the city’s northwest side.

And then came the bullet.

It sped through the walls of Jackson’s house and hit her.

The meal went unfinished.

She was dead.

According to Detroit Police Department spokeswoman Sgt. Eren Stephens, an armed man held up a 65-year-old man who was looking at a house on the 18300 block of Evergreen shortly before 2 p.m. The thief, a 19-year-old from Detroit, then fled in the man’s green and tan Chevy Suburban, crashing into a tree. When the robbed man fired shots at the mugger as he was climbing out of the SUV, a stray bullet went off course and into a home on the 18400 block of Vaughan.

http://www.freep.com/article/20100512/NEWS01/100512072/1318/Cops-Victims-stray-bullet-killed-grandmother-in-Detroit-home

Such a large person.

(Exempting certain states) you cannot shoot someone for fleeing with your property. You can only fire in self-defense. To protect yourself from imminent harm. Nothing more.

You are never supposed to fire unless you know what's behind the target.

Regardless of whether or not the CPL holder was justified in shooting at the mugger/carjacker, the fact is that he didn't pay adequate attention to his background picture.

In general, a person can legally use the Castle Doctrine if the occupant(s) of the home reasonably believe that the intruder intends to commit some felony, such as arson or burglary.

... from your house, in your car or his.

First, the robbery victim (the shooter) has a permit to carry (according to a TV news article). This means he has had training about "rules of engagement". So he knows he cannot shoot at a fleeing robber. Especially outside.

On the other hand, the fleeing robber crashed into a tree and was exiting the stolen SUV. If the owner felt that the robber was again a threat to his life, he would probably be justified in shooting the robber. The fact that he missed, and accidentally killed a lady in her kitchen, well that may be chalked up to "bad luck" and the death is on the robber, not the shooter.

Cops and lawyers will be working on this one for a while.


:hi:

Seems unlikely, but it IS possible.

Interesting to see which way this one rolls. Either way, I bet the first victim is pretty messed up now, knowing he fired the shot that killed this woman.

Know your target and what is beyond it.

After crashing the SUV, the robber was running AWAY from the guy he robbed. The guy he robbed was chasing the robber, and fired at him. He missed, and the stray bullet killed the lady a block away. In any class about carrying a concealed weapon in MI, this scenario (fleeing robber) is well-covered and very clear. The solution is to let the robber go, let the police and insurance company sort it out.

The robbery victim / shooter is in the wrong. I think the only question now is what "degree" of murder or manslaughter will be the charge.

http://www.freep.com/apps/pbcs.dll/article?AID=/20100514/NEWS01/5140369/1318/Stray-bullet-kills-generous-grandma-family-mourns&template=fullarticle

If the guy had pulled his gun DURING the robbery, that's different.

Once the bad guy leaves, however, cease fire or something like this can happen.

Rule 2
Be sure of your target and what is beyond

The robbery victim failed to abide by rule 4 of safe gun handling - Know your target and what's beyond it.

in class and passed a test on it. If he had learned it 45 years earlier in school, what difference would it have made in this case? By the way, I took gun classes in high school back in the 60s in high school ROTC.

Carrying a weapon for self-defense isn't the same thing as carrying a hammer in your pickup truck's toolbox. As with any other martial art, you have to keep your training current and keep yourself in shape.

I absolutely agree that this is a tragedy But why should I lose my right to self defense because on scared old man used a hand gun inappropriately?

Story only pointing out why it may be unwise to fire at a fleeing robber.

Someone will

Other than that I agree 100%

But I fully support any victim of crime trying to prevent criminal from fleeing a crime scene within the bounds of the law. Whenever you do so, you are taking on great risk to self and others which you will be held accountable for should something go bad.

If more victims fought back or detained their criminal perpetrators, there would be a lot less crime.

I don't think anyone who is in such fear for their lives that they must produce a firearm should be detaining the criminal. That's a risky business. It's all about stopping the aggression or breaking off contact with the aggressor. I'd much prefer a live witness when Mr. Scum Bag goes to trial.

Having said that. The shooter in this case is definitely going to catch a charge. No way should he have shot. Even if he was a cop on duty he'd be looking at some serious legal problems. I'm guessing it'll be some form of negligent homicide. Castle laws don't shield you from being an idiot.

Jackson was killed Wednesday by a stray bullet fired by a man chasing an alleged carjacker as she cooked dinner in her northwest Detroit home. The shooter has yet to be charged, but the carjacking suspect, 19-year old Antwan Hall, was charged Saturday with felony murder. He is to be arraigned today.

http://www.freep.com/article/20100516/NEWS01/5160481/1318/Detroiters-cope-in-city-of-violence