Mt. Home, AR Burglar Shot

[Guest 270win]

http://www.todaysthv.com/news/article/161149/2/Sheriff-Intruder-shot-by-homeowner-near-Mtn-Home-

It doesn't look like the burglar fully got in the house, but Arkansas law does not require that for a self defense shooting of a burglar. You can use deadly force to prevent or stop the act of burglary or arson of a building. The law is not worded like TN where there has to be a 'forcible entry'. I personally think the law in AR is worded much better in regards to burglary. Interesting article.

[Jonnin]

Heh I saw that "AR" and was wondering if the crook had like 20 holes in him.

[bigwakes]

Seems a little strange. The homeowner opened fire and then the burglar reached in through the broken glass to open the door. I hope I read that wrong. Also they are considering charging Copas, the bad guy. If he lives he should have been charged the night of the shooting, if he doesn't....... one down.

[Guest 270win]

I also read this in the Arkansas Democrat Gazette today while in the Little Rock area. It appears the burglar tried to get in the house three different times and the homeowner shot through a door at one point before the burglar put his hand through a door/window. The burglar seemed very stupid and persistant to get inside. He is in a southern Missouri hospital recovering and the county prosecutor plans on charging the burglar.

[Just2Honor]

Am I wrong? I thought in TN the Castle Doctrine took care of "in". If he isn't authorized and I fear for my safety I can shoot. Right?

[Guest brandon_pitt]

Am I wrong? I thought in TN the Castle Doctrine took care of "in". If he isn't authorized and I fear for my safety I can shoot. Right?

The law. http://docs.google.com/gview?a=v&q=c...en&gl=us&pli=1

[Guest brandon_pitt]

Heh I saw that "AR" and was wondering if the crook had like 20 holes in him.

I thought the same thing. Either he was met with an AR and is not happy or he stole an AR and is thrilled.

Either way, I was wrong. Glad he got what he had coming to him though.

[Curiousgb]

The law. http://docs.google.com/gview?a=v&q=c...en&gl=us&pli=1

Bad link. I thought the same thing. As soon as a perp makes entry into a "dwelling" then it is on.

[Guest brandon_pitt]

Sorry try this. Castle doctrine - Wikipedia, the free encyclopedia

[Guest 270win]

Yes, the shooting was in Mountain Home, Arkansas. Here is an update from the news. The idiot burglar had what was due to him under the law. You do not have to 'fear for your life' in Arkansas in the event of burglary to use deadly force to stop burglary.

Update: Prosecutor rules out charges against homeowner who shot intruder | todaysthv.com

5-2-608. Use of physical force in defense of premises.

(a) A person in lawful possession or control of premises or a vehicle is justified in using nondeadly physical force upon another person when and to the extent that the person reasonably believes the use of nondeadly physical force is necessary to prevent or terminate the commission or attempted commission of a criminal trespass by the other person in or upon the premises or vehicle.

( A person may use deadly physical force under the circumstances set forth in subsection (a) of this section if:

(1) Use of deadly physical force is authorized by § 5-2-607; or

(2) The person reasonably believes the use of deadly physical force is necessary to prevent the commission of arson or burglary by a trespasser.

HISTORY: Acts 1975, No. 280, § 508; A.S.A. 1947, § 41-508.

[Guest friesepferd]

Am I wrong? I thought in TN the Castle Doctrine took care of "in". If he isn't authorized and I fear for my safety I can shoot. Right?

for tn castle doc, there must be 1) forcible entry (if your door was open and he wonders in, i dont think it counts) and 2) must be in your home (not protected in your back yard).

Having that said, any time you feel for your life, you have the right to self defense.

All the castle doc does is automatically say that if someone breaks into your home, its assumed that the shooting was self defense - no investigation into that aspect needed.

If someone walks into your open house and you shoot him, you may need to justify it (ei. he had a gun, attacked you, threatened you, etc) just like anywhere else.

(and no, im no lawyer, thats just my understanding of it after a lot of research)

[bigwakes]

for tn castle doc, there must be 1) forcible entry (if your door was open and he wonders in, i dont think it counts) and 2) must be in your home (not protected in your back yard).

Having that said, any time you feel for your life, you have the right to self defense.

All the castle doc does is automatically say that if someone breaks into your home, its assumed that the shooting was self defense - no investigation into that aspect needed.

If someone walks into your open house and you shoot him, you may need to justify it (ei. he had a gun, attacked you, threatened you, etc) just like anywhere else.

(and no, im no lawyer, thats just my understanding of it after a lot of research)

There is no provision in the law that states how entry was gained. If someone walks through an open door that is not invited, it's considered an unlawful entry. The castle doctrine still applies.

[JAB]

Where are you folks getting the idea that a person has to be in your house for the assumption that you were in fear for your life to apply?

(Excerpted from Tennessee Code Annotated as found at Michie's Legal Resources)

39-11-611. Self-defense.

(a) As used in this section, unless the context otherwise requires:

(3) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, that has a roof over it, including a tent, and is designed for or capable of use by people;

(4) “Residence” means a dwelling in which a person resides, either temporarily or permanently, or is visiting as an invited guest, or any dwelling, building or other appurtenance within the curtilage of the residence…

© Any person using force intended or likely to cause death or serious bodily injury within a residence, business, dwelling or vehicle is presumed to have held a reasonable belief of imminent death or serious bodily injury to self, family, a member of the household or a person visiting as an invited guest, when that force is used against another person, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence, business, dwelling or vehicle, and the person using defensive force knew or had reason to believe that an unlawful and forcible entry occurred.

Now, I am not a lawyer and this certainly is not legal advice. That said, a person using deadly force is 'assumed' to have had a reasonable fear of death or serious, bodily injury when such force is used against another person who unlawfully and forcibly enters a residence (which is defined as a dwelling in which a person resides) or dwelling (of which the definition given here includes any attached porch.) Therefore, it seems to me that someone doesn't actually have to be in your house. Instead, I am reading the law to say that someone simply being on your porch and attempting to unlawfully enter your house meets the requirements for the assumption that you have a reasonable fear of death or serious, bodily injury. Of course, what the law says and what a DA does can be two, different things.