Friday, February 24, 2006

House panel backs bill allowing deadly force against intruders

Rep. J.R. Gray, D-Benton, sponsored House Bill 236 on behalf of the National Rifle Association, saying people shouldn't be expected to avoid a confrontation by running away.

"If someone is trying to break into your home in the middle of the night and you've got a fear for your life ... you have a duty under present law to retreat, go to the farthest corner of the room, I guess, and hope the intruder doesn't try to shoot you while you're retreating," Gray said.

Court rulings going back to 1931 have said that people have a right to protect themselves, their families and their property, with deadly force if necessary, Gray said. His bill would put those rulings into state law, he said.

"If you're convinced that that person is about to use deadly force against you, then you have the right to strike back with deadly force," Gray said.

When I took my CDWL class that's pretty much how it was explained about deadly force. If you thought someone's life was in danger you could use deadly force. Also included were if someone was trying to rape someone or trying to burn down you house or barn. I'm not sure where the arson part came into play though.

This Kentucky House bill would support not only NRA members but all property owning citizens. You would think it was common sense if you believed your life to be in danger that the law would support you but I am afraid that is not the case. Read this true story, based on reported facts and what I know of the events and see if you don't think we need this clearly defined law on the books.

Dustin Hoffman was a U.S. Marine veteran, having served during Desert Storm and Operation Just Cause in Panama. He received a Meritorious Mast for his contribution during Desert Storm. Dustin was also a paraplegic confined to a wheel chair from a hunting accident. For a while someone had been stealing things from his garage and around the house while his mom was gone. Being a paraplegic there wasn't much he could do about it because by the time he could get out there they were gone. Calling the police outside the city limits isn't going to help much either because they will be long gone before the over worked State Police could get there (and if the Gov has his way they will be too busy pulling people over for not wearing their seat belts).

In 2003 a convicted felon who used to be a friend of Dustins came by. One who Dustin also thought was the one stealing from his garage. The odds of that are pretty high because the felon was currently under indictment for stealing a 4 wheeler from a garage and then assaulting the woman who owned it when she confronted him. All we know for sure is that David Woodward went into the house and was shot by Dustin twice in the chest with a .22 rifle. Woodward later died at the hospital. Woodward's girlfriend was in the car at the time. From what I understand she told the police at the scene they had stopped by to invite Dustin to go to church with them. Now I'm sorry but when I heard that I almost laughed out of my chair but I suppose it makes a better story than I was the get away driver for a home invasion burglary.

Dustin was indicted by a county "blue hair special" Grand Jury for excessive force. By "blue hair special" I mean the old bitties that usually make up a small town jury. Ironically I could not find that in the archives of the papers anywhere. A paraplegic for fear of his life as far as we know was indicted for excessive force because he shot a man with a .22 twice in his own home.

Obviously if I shoot an intruder I am going to be screwed because I sure as hell am not going to be using a .22 but more like a .223. Just like I taught my wife I will fire until they are no longer threat meaning they are on the ground. If that takes 2 rounds or 30 and I have to reloathat'sts the way it works.That'sts the way the police are trained is it not? Fire until they are no longer a threat.

Dustin sadly committed suicide. We can only imagine what he was going through. He faced life in that chair, had just killed a man he knew in his own home and was not facing possibly going to jail. As far as I am concerned every one of those jury members played a small part in Dustins decision to take his life. The countattorneyny at the time did not seek reelection and its a damn good thing. I was sort of hoping we would I was looking forward to him campaigning for my vote so I could tell him what I thought of him pursuing charges against Dustin.

Semper Fi Dustin.

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