Let me get this straight....When did you say it was OK to shoot someone?

Question

It has been said ,that IF an intruder is in your house or is threating you and your family deadly harm,you have the right to shoot to DEFEND yourself.
So what was the big difference between what Mr. Horn did in Texas or what Mr. White did in N.Y.? Was it just a racial thing ? Are bits of your neighbors property worth more than your own family members lives? Both cases happened outside the house.

hmmmm,..almost an hour and nobody has a thought on this?

Mr. White is convicted of manslaughte for protecting his family from a angry mob of white men who had com on to his property to make good on their deadly threats. Mr. Horn was only protecting a few of his neighbors belongings.

Answer 1

Well ... the first problem you have is trying to apply the same legal principles to both shootings. The laws in Texas are completely different from the laws in New York.

I've been wondering if or when the shooting committed by Mr. White would make it into this forum. Apparently the jury did not believe that it was reasonable to fear for his life under the circumstances.

Did any of the people in the group of white people at Mr. White's door have and show a weapon of any type (including dangerous instruments like tire irons?) I don't know.

Was the gun used by Mr. White properly registered and licensed? I don't know.

Since I do not know what the jury did when they found as they did, I do not know if the conviction was reasonable.

For those of you who do not have a news source for NY.
here is a link to one story about this shooting, from the NY Post.

http://www.nypost.com/seven/12232007/news/regionalnews/race_slay_jury_ends_deadlock__manslaught_300980.htm

It just don't get any weirder outside of a soap opera! I don't know all of the facts ... just what I read in one NY Post article.

Answer 2

I am not familiar with either case but I can give you case law to help you out on the topic. It is true, if someone enters your house and intends harm to you or your family you have the right to use deadly force to protect yourself or your family if you believe you would be killed or maimed seriously if you did not act.
You cannot use deadly force to protect property, inside or outside of your home because the Supreme Court has ruled that human life is more precious than property. The other issue in your examples was that both of these occurred outside the dwelling. For deadly force you must have someone enter your home it cannot be on your front lawn because you have options: locking the door, calling the police, calling for help, etc.
Unless these individuals had guns on your property and you shot because you felt your life was in imminent danger would that possibly be a defense, meaning you could not flee safely back into your residence. I am very interested to read these cases now. Hope this helps at all.

Answer 3

Not aware of the White incident.

I read Texas law concerning the Horn shooting. He appears to be covered by protecting his neighbors home and property.

Are you against protection of property? I just wasn't sure where you were standing on this issue.
If we do not defend our property, we will have no property left to defend. There must be a line and it must be crossed.

Answer 4

you do have to be careful of what you do. yes outside is a different matter and you have to be very careful. you shoudl beable to protect and defend yourself. but sometimes they say you can't just kill all the time even if you feel there was harm that is where the lawyer come sin handly.

Answer 5

You judge without walking in anothers shoes..

Answer 6

i need to know what news this was on, because i don't know the story.