Ask Dave and Luke: Is it OK to shoot someone in your house?
Aug 8, 2012, 12:49 PM | Updated: Oct 11, 2024, 1:15 pm
A Woodinville break-in showed a unique perspective of a home invasion as both the homeowner and the intruder called 911 from the scene.
King County Sheriff Steve Strachan tells Ross and Burbank that two people broke into the home in Woodinville. While the intruders were in the residence, the homeowner came home and upon discovering the two intruders, a man and a woman, tried to hold them at gunpoint. After one of the intruders reportedly tried to rush the man, the homeowner fired hitting the male intruder.
“It really comes down to reasonableness, the law recognizes a tremendous amount of authority for people within their homes to use any force up to deadly force to somebody they perceive is a threat. The burden is really on showing why it wasn’t a threat,” says Strachan.
Read more of Strachan’s comments on Ross and Burbank.
Listener James in Tacoma writes:
The reason the homeowner shooter could face trouble is because the lawyers will defend the robber. The homeowner will be challenged regarding his training, ammo, psychological state, storage and more. He could face thousands in legal fees that aren’t fair. The cost should be absorbed by the person found guilty which, in this case, would be the robber.
Luke Burbank responds: I think that most people, even folks like me, who are pretty skeptical of shooting other people. I don’t buy George Zimmerman’s argument that he had to do what he did in Florida. I think our society is better off if there are fewer people walking around with guns. Even I say if somebody comes into your house, you’re standing inside your own home, there’s just about nothing that you could do that would make me think it wasn’t within your rights to shoot this person.
Dave Ross: Especially if this guy was charging the homeowner, which is what the sheriff says was happening at the time he fired.
Luke: I would imagine the guy was trying to get out the door. The homeowner enters the room. He’s blocking the doorway. I don’t think this guy was trying to attack him, but this guy loses the right to sort of haggle over that when he’s in your house and he’s not supposed to be.
Listen to all Dave and Luke’s Wednesday Magic Messages:
Send
Dave and Luke your Magic Messages. Listen for their
response at 11:45 a.m. or listen back anytime ON
DEMAND.
