Squatter shot, killed by relative of homeowner in DeKalb

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Hayata

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Run away and blow your rape whistle.

No need for killin' nobody.
 

Laufen

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Run away and blow your rape whistle.

No need for killin' nobody.
In all seriousness, it obviously is the very last resort. I guess it's up to the individual if you should ever be so unfortunate as to find yourself in that situation. For me, I'm doing everything I can do to avoid pulling the trigger. If I'm alone, and while I'm spry and young, that might mean beating it outta there on foot. As I age, that might become less of an option. It just depends on the individual circumstances.
 

Strider12

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Self defense should apply if it's self defense. We have heard nothing yet on why he felt threatened.

If I come home and somebody's sleeping in my bed do I have a right to kill him? No scratch that, morally and ethically should I if there is no threat?
 

AirOpsMgr

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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.
Sorry, I got tied up on a call before I could post his next article (not that it applies directly to your question, but I'm still searching):

"In my last article, I spoke about Georgia’s “Stand Your Ground” law which allows the victim of an unlawful use of force to fight back rather than retreat. In that article, I stated that deadly force may not be used to protect property. The Castle Doctrine is an exception to that.

#Taken from English Common Law, the Castle Doctrine has been around since the dawning of this nation and provides that a person’s home is their “castle” and that the homeowner has the right to defend that castle from any intruder. Many states have retained this right for homeowners, including the use of deadly force if necessary. It is important to note that this provision only applies to the dwelling itself, not to the yard or any outbuildings.

#Georgia code 16-3-23 allows the use of force to prevent or stop a burglary. Deadly force may even be used against anyone who unlawfully and forcibly enters a home with the intent to commit a felony or violence and the resident reasonably believes that the force is necessary to prevent the crime. This does not include a person who is a family member or other resident of the home. You cannot lock someone out of their home then shoot them for breaking in!

#One thing of critical importance is that if you use deadly force to protect your home, especially if you use a firearm, make sure to clearly identify your target. Many tragedies have occurred because a homeowner shot at a “shadowy figure” in the dark, only to discover that it was a family member. Turning on the lights may help you to clearly identify if the person is friend or foe, and may also momentarily disorient them.

#Also, please remember that bullets go through walls. If you have children, do not fire any weapon in the direction of their bedrooms. Depending on the type of weapon you use, the bullets could penetrate their bedroom walls and strike them. If you live in an apartment, remember that your bullets could end up in your neighbor’s apartment.

#If you fear any type of home invasion, you should designate a room in your house as your “safe room.” It may be your bedroom or a bathroom. Everyone in the home should know to go there if they can. It should be a room that you can defend easily. You should ensure that you have a functioning cell phone. In the case of a home invasion, you should lock yourself and your family in the safe room, call the police, and defend yourself until the police arrive.

#You should have a brightly colored object that you can place in the window to let police know what room you are in. Make sure to advise the 911 operator that if you are armed, so that the responding officer can be informed. You certainly don’t want to accidentally shoot a responding officer thinking that he is the burglar!

#Georgia has some of the best laws to protect its citizens and allow them to protect themselves. If you have any questions about these or any other Georgia laws, please feel free to contact my office at (229) 430-6508. Sheriff Kevin Sproul is a longtime resident of Dougherty County. He is a graduate of Albany High School, Darton College and LaGrange College of Albany. Sproul has been employed with the Dougherty County Sheriff’s Office since 1982 and can be reached at (229) 430-6508."
 

AirOpsMgr

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Self defense should apply if it's self defense. We have heard nothing yet on why he felt threatened.

If I come home and somebody's sleeping in my bed do I have a right to kill him? No scratch that, morally and ethically should I if there is no threat?
No doubt, definitely need more details; I've not even heard if the "squatter" was even armed, so yes, still a lot of unknowns
 

Hayata

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Sorry, I got tied up on a call before I could post his next article (not that it applies directly to your question, but I'm still searching):

"In my last article, I spoke about Georgia’s “Stand Your Ground” law which allows the victim of an unlawful use of force to fight back rather than retreat. In that article, I stated that deadly force may not be used to protect property. The Castle Doctrine is an exception to that.

#Taken from English Common Law, the Castle Doctrine has been around since the dawning of this nation and provides that a person’s home is their “castle” and that the homeowner has the right to defend that castle from any intruder. Many states have retained this right for homeowners, including the use of deadly force if necessary. It is important to note that this provision only applies to the dwelling itself, not to the yard or any outbuildings.

#Georgia code 16-3-23 allows the use of force to prevent or stop a burglary. Deadly force may even be used against anyone who unlawfully and forcibly enters a home with the intent to commit a felony or violence and the resident reasonably believes that the force is necessary to prevent the crime. This does not include a person who is a family member or other resident of the home. You cannot lock someone out of their home then shoot them for breaking in!

#One thing of critical importance is that if you use deadly force to protect your home, especially if you use a firearm, make sure to clearly identify your target. Many tragedies have occurred because a homeowner shot at a “shadowy figure” in the dark, only to discover that it was a family member. Turning on the lights may help you to clearly identify if the person is friend or foe, and may also momentarily disorient them.

#Also, please remember that bullets go through walls. If you have children, do not fire any weapon in the direction of their bedrooms. Depending on the type of weapon you use, the bullets could penetrate their bedroom walls and strike them. If you live in an apartment, remember that your bullets could end up in your neighbor’s apartment.

#If you fear any type of home invasion, you should designate a room in your house as your “safe room.” It may be your bedroom or a bathroom. Everyone in the home should know to go there if they can. It should be a room that you can defend easily. You should ensure that you have a functioning cell phone. In the case of a home invasion, you should lock yourself and your family in the safe room, call the police, and defend yourself until the police arrive.

#You should have a brightly colored object that you can place in the window to let police know what room you are in. Make sure to advise the 911 operator that if you are armed, so that the responding officer can be informed. You certainly don’t want to accidentally shoot a responding officer thinking that he is the burglar!

#Georgia has some of the best laws to protect its citizens and allow them to protect themselves. If you have any questions about these or any other Georgia laws, please feel free to contact my office at (229) 430-6508. Sheriff Kevin Sproul is a longtime resident of Dougherty County. He is a graduate of Albany High School, Darton College and LaGrange College of Albany. Sproul has been employed with the Dougherty County Sheriff’s Office since 1982 and can be reached at (229) 430-6508."


Anybody got cliff notes?
 

AirOpsMgr

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But, @George P. Burdell does make a point that I still have not been able to confirm with anything I've researched thus far; if it's not "your" home, can you claim castle doctrine? Maybe some legal guru like @PewPewPewCo will weigh in and set us all straight ..... ;)
 

rOmiLaYu

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But, @George P. Burdell does make a point that I still have not been able to confirm with anything I've researched thus far; if it's not "your" home, can you claim castle doctrine? Maybe some legal guru like @PewPewPewCo will weigh in and set us all straight ..... ;)
Unless you are defending the home itself (arson, destruction, or what have you), the name on the deed is irrelevant when it comes to self defense. The name of the law is somewhat misleading as some people think it has only to do with "home defense" when in fact it has to do with "self defense" regardless of where you are.
 

AirOpsMgr

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Unless you are defending the home itself (arson, destruction, or what have you), the name on the deed is irrelevant when it comes to self defense. The name of the law is somewhat misleading as some people think it has only to do with "home defense" when in fact it has to do with "self defense" regardless of where you are.
I get that, but I think we're all a bit curious as to when the "Castle doctrine" comes into play as a means of another "level" of defense strategy, if you will. If said structure is not one's primary inhabitance, does it matter?

Don't get me wrong, I fully understand "self defense", but if you are in a home that is not your own, and maybe just a relative's, or as previously mentioned, your parent's home, does it still apply?

I know, splitting hairs, but still curious
 

rOmiLaYu

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I get that, but I think we're all a bit curious as to when the "Castle doctrine" comes into play as a means of another "level" of defense strategy, if you will. If said structure is not one's primary inhabitance, does it matter?

Don't get me wrong, I fully understand "self defense", but if you are in a home that is not your own, and maybe just a relative's, or as previously mentioned, your parent's home, does it still apply?

I know, splitting hairs, but still curious
If you are defending yourself, yes. If you are defending the property, no.
 

AirOpsMgr

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If you are defending yourself, yes. If you are defending the property, no.

ETA: I just re-read my post and saw it wasn't very clear, what I meant to say, before my fingers typed faster than my thought-process, was:

So to clarify: Are you saying that the Castle doctrine doesn't apply to defending property that you are currently "inhabiting" (say it was a family member's home)?

For further clarity, I certainly understand the necessity to prove self defense, that's a given, especially within a residence that you neither own nor are inhabiting, however, would it apply if you were temporarily residing there?

Sorry for confusion.
 
Last edited:

erkinator 2

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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


HArd to press murder cause it was not pre-meditated.
 

Mac11FA

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Looks like someone is getting the pick of death. All the person had to do was call 911. Duh!
 

Strider12

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Do we know that?
True. This squatter could have repeatedly been in the house. A neighbor could have called this dude to let him know he was back. Dude could've been steaming all the way over there and finally decided to "take out the trash".

Need more info.
 

erkinator 2

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Do we know that?
Sure we know that,media said he went there just to check on the house,,duh...I believe everything they tell me after I drink coolade :)

Hard to convict on murder charges since he did not go their with intent to kill.Sprry not clear in the morning rush to be the first one to post something