Shooting near Kirksville becomes a test of Missouri’s new ‘castle doctrine’ law

When Rogelio Johnson allegedly climbed through a window and confronted Jackie Gleason in her home near Kirksville, Mo., in May, she shot him dead.

A crime?

Yes, concluded an Adair County coroner’s jury last month.

Not so fast, said county Prosecutor Mark Williams, who says the shooting may be justified under a new Missouri law known as the “castle doctrine” that allows a person to use lethal force against intruders.

Although the coroner’s jury said Gleason committed “death by felony,” Williams was not convinced the jury completely understood the doctrine. Besides, he said, he found juror misconduct because one juror said Gleason was guilty before hearing testimony.

The shootee was under court order to stay away from the shooter’s house. Climbing in the window does not constitute “staying away” in Murdoc’s book.

Ohio elitists react to Castle Doctrine: “Innocent until proven guilty”, OH MY!

When is “innocent until proven guilty” a controversial concept? When is an Ohio law designed to protect a homeowner protecting themselves from an intruder interpreted a license for drug dealers to murder one another? And when are self-defense advocates and rank-and-file cops described as saying it’s ok to shoot first and ask questions later?

When you are a reporter for the Cleveland Plain Dealer or a bureaucrat with the Ohio Prosecutors’ Association or Cleveland Police Patrolmen’s Association.

Much more on this new concept and links to even more at the Buckeye Firearms Association

Franklinton, Ohio:

An 18-year-old man armed with a BB gun was fatally shot while trying to rob the residents of a Franklinton home yesterday afternoon, police said.

Police arrested his two alleged accomplices, one of whom was his brother, and charged them with murder for taking part in a crime that resulted in his death.

The new Ohio castle doctrine law doesn’t take effect until September. The dead intruder apparently held the BB gun to the head of the homeowner’s girlfriend.

Don’t commit crimes. If you do, don’t do it with BB guns.

Uncle on the Brady Bunch and their apparent fall-back position.

Truman, Minnesota

Two people are assaulted in their home, and the intruder suffers a gunshot wound.

The Martin County Sheriff’s Office says it happened last night just before midnight.

They say an intruder apparently entered the home of Elmer and Marcella Sauck at 2488 200th Street in rural Martin County.

Mrs. Sauck was physically assaulted, was able to escape and go to the nearby home of her son, Mark. Mark then went to his parents’ house and found his father being assaulted by the intruder. Authorities say Mark then ordered the intruder to stop several times as he approached him, but he didn’t.

The intruder suffered a gunshot wound to the leg and was airlifted to St. Mary’s Hospital.

Fair Warning: If Murdoc catches you assaulting members of my family, you won’t be getting airlifted anywhere. I won’t be shooting you in the leg, and there will be no rush to get you where you need to go.

Phoenix, Arizona:

A homeowner shot and killed a suspect who was allegedly trying to break into his West Valley home early Thursday morning.

It happened at about 1:30 a.m., in the area of 59h Avenue and McDowell Road.

Police said the family of four was asleep at the time.

The homeowner reportedly woke up when he heard somebody kicking in the door. That man grabbed his shotgun and waited near his bedroom door.

When the bedroom door swung open, the man said he saw a man with a gun. That’s when he opened fire.

That suspect died on the scene.

When you’re talking home defense, I sure don’t think anything beats a shotgun. Just racking a 12 gauge is sure to give a lot of invaders a moment of pause, and very few are going to stand in the line of fire even against birdshot.

Shotgun shell image from IHEA.

Amended SB184 (Castle Doctrine) Passes Ohio House with a 73-23 vote

Buckeye Firearms Association applauds the Ohio House of Representatives’ 73-23 vote to pass the amended SB184.

SB184 passed the Ohio Senate in April with a 31-0 vote and has now passed the Ohio House in an amended form to include technical corrections and improve laws for law-abiding gun owners in Ohio.

The bill is headed back to the Ohio Senate to work out final details due to the amendments made during it’s time in the House.

See the Buckeye Firearms Association page for all the details.

Via CGSDB:

Police say a homeowner took the law into his own hands Tuesday and defended his property from a burglar. Police believe the burglar is responsible for other crimes in the area.

Investigators say 17-year-old Alexander Aguilar broke into a home on the 2300 block of Larry Drive in Dallas Tuesday afternoon.

“Took the law into his own hands”… The shootee had warrants out for his arrest and the police had been unable to apprehend him for at least two weeks.

Also, this burglar will be counted as a child shot by guns when the annual report comes out. Just saying.

Three guys looking to cool off:

Investigator Christy Carona said the three men broke into the storage home of Jack Busby on the 200 block of Cleveland Street and attempted to take two air-conditioning units.

She said Busby found the men and held them at gunpoint until police arrived. Busby later shot King in the lower back after he attempted to flee the scene.

Something that comes up fairly often in discussions involving defensive gun use is “but is your wallet/television/air conditioner really worth shooting someone over?“.

Though not 100% totally without merit, this question comes close. If someone were to rob me on the street, I wouldn’t really know if all they wanted was my wallet, or if things would continue to spiral out of my control from there.

When it’s a home invasion scenario, though, the question is totally 100% without merit. If someone comes uninvited into my home, my personal safe zone and the safe zone of my family, I don’t care if all they want is my television or my air conditioner. I’m not going to shoot them because they want to steal my property, I’m going to shoot them because they violated my ‘do not cross’ line.

And, believe me, I will do everything I can legally do to get myself into a position to shoot them. Unless they directly threaten my safety or, even worse, the safety of my family. Then I won’t spend any time making sure it’s legal that I shoot them.

Why doesn’t anyone ever ask the potential criminal “but is taking someone else’s wallet/television/air conditioner really worth getting shot over?” Instead, we have a criminal that intentionally breaks into someone’s home with intent to steal their property and/or harm the occupants and a homeowner that is often regarded as “dangerous” somehow because he defended his own life and property from the wrongdoer.

Man cleared in homicide now being sued

Sebastian points out a man who shot an intruder and was cleared of wrongdoing is now being sued for wrongful death by the intruder’s family.