Intruder, homeowner face charges

[terrya88]

Interesting article in the Atlanta paper.

Intruder, homeowner face charges in DeKalb break-in| ajc.com

Be careful out there.

Terry

[Guest TurboniumOxide]

Shoot him when he comes inside is what I voted. But they were both scumbags, apparently. The homeowner is the one with his picture pasted all over the article. The media is really pushing my buttons lately.

[Guest canynracer]

the poll is stupid antigun poll...all said "Shoot him" or whatever...dumb...and the homeowner shot dude in the ass...which usually means, running away...so no, he was not justified.

Homeowner also charged with stolen property...wonder if that was the gun??? KNOW your SELLERS!!! LOL

[Guest PapaB]

the homeowner, Willie James White, 33, was also charged with theft by receiving stolen property and criminal damage to property.

Was that from shooting the intruder in the butt?

Maybe the intruder was pulling an OJ and retrieving his own property.

[Guest mustangdave]

this was stupid...it had all the makings of a DARWIN moment...shot the perp in the BUTTOCKS...WTF?

[Guest Rem_700]

Whats TN's laws on shooting someone outside of your home on your property?

[Guest jwb68]

Whats TN's laws on shooting someone outside of your home on your property?

Depends

[Fallguy]

Hmmm...wonder if it was because of his other illegal activity that he was charged with shooting?

Doesn't look like GA law says you have to always wait till they get inside.

O.C.G.A. § 16-3-23 Use of force in defense of habitation

A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other's unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely to cause death or great bodily harm only if:

(1) The entry is made or attempted in a violent and tumultuous manner and he or she reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person dwelling or being therein and that such force is necessary to prevent the assault or offer of personal violence;

(2) That force is used against another person who is not a member of the family or household and who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using such force knew or had reason to believe that an unlawful and forcible entry occurred; or

(3) The person using such force reasonably believes that the entry is made or attempted for the purpose of committing a felony therein and that such force is necessary to prevent the commission of the felony.

[Fallguy]

Whats TN's laws on shooting someone outside of your home on your property?

Only if it would fall under self-defense.

[Guest JHatmaker]

this was stupid...it had all the makings of a DARWIN moment...shot the perp in the BUTTOCKS...WTF?

[strickj]

-1 for the crappy MS Paint quoting

+1 for it not being a nasty d*** picture!

So overall your picture gets a big 0

[greenego]

I was on the home owners side until I read the article. Lock them both in the same cell and throw the key away.

[DaveTN]

Whats TN's laws on shooting someone outside of your home on your property?

The same as it is off your property; fear of death of great bodily harm.

[Guest marionandjohn]

The major difference between TN and GA (i live in GA) is that in GA you have the right to defend your person and your property. the Homeowner would have been justified had he not shot in the back. You have the right to defend your personal property (including your vehicle) with what ever force you find necessary to stop the crime. If the crime is already stopped then you loose your right to shoot. The way I understand TN law is that you must wait and only shoot when the bg is entering or has entered the home.