Squatter shot, killed by relative of homeowner in DeKalb

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Strider12

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Need more to the story. Did the trespasser get violent? If not this relative may be in some trouble.
 

AirOpsMgr

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DarthVader

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"Squatter shot, killed by relative of homeowner in DeKalb"

http://www.ajc.com/news/news/crime-law/police-homeowner-shoots-intruder-in-northeast-atla/nm3Yx/

Wonder how this will play out since the relative wasn't the homeowner?
Dekalb is the last place on earth that I'd want to end up in a situation like that. They already have a hard on for gun owners, so using your weapon for self defense is a DA's wet dream. Most other places, no charges would have been filed unless there was eyewitness testimony contradicting your version of events.
 
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AirOpsMgr

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That article has too few details. Murder charges are as serious as it gets and these types of charges aren't usually brought on the same day as the incident. They skipped manslaughter and went straight to murder.
Would you like me to run down to the jail and get the full story for you?
 

erkinator 2

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Dekalb is the last place on earth that I'd want to end up in a situation like that. They already have a hard on for gun owners, so using your weapon for self defense is a DA's wet dream. Most other places, no charges would have been filed unless there was eyewitness testimony contradicting your version of events.


Guy I work with lives in DeKalb. He shot a guy came into his house twice. did not kill him. Cops patted him on the back and said it was guys third strike and they have been looking for him. Went up for life. Never made the news.

Of course he never got his gun back though
 
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Strider12

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I live in Dekalb. The city government is as corrupt as any but the LEOs seem normal. If I deal with any it's mostly Chamblee police and every one I've met is super cool.

Of course I go out of my way not to draw attn to myself.
 
Jul 14, 2015
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This guy is screwed. There's no way he should even be in jail unless he did something really stupid or there were witnesses. Murder charges? I'm pretty sure he did more than just walk in and shoot a stranger who startled him
 

Laufen

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Maybe I'm way behind on my understanding of the law, but why would it matter if it were his house or not? If someone threatens your life and you feel death is imminent if you don't take action..case closed.
 

AirOpsMgr

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Maybe I'm way behind on my understanding of the law, but why would it matter if it were his house or not? If someone threatens your life and you feel death is imminent if you don't take action..case closed.
I guess my thought is that the Castle Doctrine wouldn't apply, therefore he would have more burden of proof for self defense. If I go to check on my neighbor's house when they are away on vacation and encounter someone, all I have is proving self defense; had it occurred in my home, Castle doctrine would apply
 
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Maybe I'm way behind on my understanding of the law, but why would it matter if it were his house or not? If someone threatens your life and you feel death is imminent if you don't take action..case closed.
Right that's why it's hard to speculate on a story like this with no details.
 
Jul 14, 2015
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I guess my thought is that the Castle Doctrine wouldn't apply, therefore he would have more burden of proof for self defense. If I go to check on my neighbor's house when they are away on vacation and encounter someone, all I have is proving self defense; had it occurred in my home, Castle doctrine would apply
So if I'm spending the night at my parents home would castle doctrine not apply? Serious question. I always assumed it would
 

AirOpsMgr

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So if I'm spending the night at my parents home would castle doctrine not apply? Serious question. I always assumed it would
I suspect it would since you are at the time "inhabiting" the residence, but INAL and do need to refresh myself on it's application.
 

AirOpsMgr

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Copied from the interwebz .... so consider that this may be outdated info as the article is from 2013:

"Georgia’s law is similar to that of Florida. Georgia code 16-3-23.1 states that a person using force in self defense has “no duty to retreat and has the right to stand his or her ground.” The key is that the person’s use of force must be in self defense.
#I believe, however, that the language in Georgia’s law provides ample protection for everyone. Our law clearly addresses one of the main issues put forth by the prosecution in the Zimmerman case: Can an armed civilian initiate a conflict with the intent of causing harm, then use the law to escape prosecution? The answer is, no.

Georgia Code 16-3-21 clearly states that “a person is not justified in using force if he initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant.”

#What the Georgia law allows is for a civilian who, though no fault of his own, finds himself faced with another person’s unlawful use of force, to resist rather than to run away. This does not mean that resistance is always the smartest thing to do; it just means that it is allowed. Furthermore, such resistance must also be in compliance with the law. For example, if a female in a dark parking lot is accosted by a male with a knife who attempts to steal her purse, she may use deadly force to stop the attack. However, if he has already stolen her purse and is now running away, she may not use deadly force to prevent him from getting away because while fleeing he is no longer an imminent threat to her.

#Deadly force, or force that is intended or likely to cause death or great bodily harm, may only be used if the person reasonably believes that such force is necessary to prevent death or great bodily harm to themselves or a third person, or to prevent a forcible felony, such as rape, armed robbery, or kidnapping.

#A person may use force to defend their property, but not deadly force. Unless such property is their home. Under certain circumstances, a person may use deadly force to protect their home under another law commonly referred to as the “Castle Doctrine.” I will expound more on that in my next article.

#Use of force decisions are seldom cut and dried. The courts will review such decisions based on a standard of “reasonableness” considering the unique circumstances at the time. Each case is different. The citizen’s best bet is to become familiar with the law, which may be found at the Georgia General Assembly website, www.legis.ga.gov (then click the link for “Georgia Code”). "
 
Jul 14, 2015
529
193
113
Atlanta
Zip code
30306
Copied from the interwebz .... so consider that this may be outdated info as the article is from 2013:

"Georgia’s law is similar to that of Florida. Georgia code 16-3-23.1 states that a person using force in self defense has “no duty to retreat and has the right to stand his or her ground.” The key is that the person’s use of force must be in self defense.
#I believe, however, that the language in Georgia’s law provides ample protection for everyone. Our law clearly addresses one of the main issues put forth by the prosecution in the Zimmerman case: Can an armed civilian initiate a conflict with the intent of causing harm, then use the law to escape prosecution? The answer is, no.

Georgia Code 16-3-21 clearly states that “a person is not justified in using force if he initially provokes the use of force against himself with the intent to use such force as an excuse to inflict bodily harm upon the assailant.”

#What the Georgia law allows is for a civilian who, though no fault of his own, finds himself faced with another person’s unlawful use of force, to resist rather than to run away. This does not mean that resistance is always the smartest thing to do; it just means that it is allowed. Furthermore, such resistance must also be in compliance with the law. For example, if a female in a dark parking lot is accosted by a male with a knife who attempts to steal her purse, she may use deadly force to stop the attack. However, if he has already stolen her purse and is now running away, she may not use deadly force to prevent him from getting away because while fleeing he is no longer an imminent threat to her.

#Deadly force, or force that is intended or likely to cause death or great bodily harm, may only be used if the person reasonably believes that such force is necessary to prevent death or great bodily harm to themselves or a third person, or to prevent a forcible felony, such as rape, armed robbery, or kidnapping.

#A person may use force to defend their property, but not deadly force. Unless such property is their home. Under certain circumstances, a person may use deadly force to protect their home under another law commonly referred to as the “Castle Doctrine.” I will expound more on that in my next article.

#Use of force decisions are seldom cut and dried. The courts will review such decisions based on a standard of “reasonableness” considering the unique circumstances at the time. Each case is different. The citizen’s best bet is to become familiar with the law, which may be found at the Georgia General Assembly website, www.legis.ga.gov (then click the link for “Georgia Code”). "
That makes sense for a self defense scenario. Where I think it gets tricky is when the castle doctrine is used in the defense. I would like to know more about what happenes when you are inhabiting a home that is not your own or when you come home to someone that is in your home.