A Man's Home is Not His Castle: Shooting Threatening Intruder Treated as Murder
Posted in the Lucedale Forum
Since: Sep 09
#1 Nov 13, 2013
A Man's Home is Not His Castle: Shooting Threatening Intruder Now Treated as Murder
Posted on November 11, 2013 by Bob Allen
A man kicks in the door of your home at 2:00 a.m., and makes an aggressive move toward your wife. What should you do?
According to the Maryland State's Attorney, you should call 9-1-1, and wait for the police to arrive.
Air Force Sergeant Matt Pinkerton instead defended his wife and home with a 9mm bullet, and when the man started toward them again, fired a second time. Maryland has charged Pinkerton with murder.
The citizens of Maryland should rise up in protest. Will they? Or do they accept that they have to suffer five minutes or more of mayhem at the hands of an intruder until the police arrive?
Insanity, Maryland is your home.
Here is the article linked from the Facebook support page:
Pinkerton was charged with second-degree murder, manslaughter and use of a firearm in a felony or violent crime.
The state argued that Pinkerton could have called 911.
District Court Judge Jonas Legum reduced Pinkerton’s bond from $1.5 million to $250,000.
Legum said he finds it “amazing” that the statement of probable cause against Pinkerton is only two pages long, and included only one sentence about whether or not Green had a weapon.
Pinkerton told police he did not see any weapons in Green’s hands, charging documents state.
Green had staked out the Pinkertons’ home before they arrived early Sunday morning, O’Neill said. When Green knocked on the door, Pinkerton retrieved a Glock 17 9mm handgun, put it in his back pocket and went to see who it was, police said. He wasn’t expecting any visitors.
When Pinkerton opened the door, he found Green on the porch, police said. Green demanded to see Jessica Pinkerton. Matthew Pinkerton told Green to leave, but he refused and started to shout, police said.
The pair exchanged “derogatory” remarks before Pinkerton closed the front door, police said. Green continued to yell from the front porch, police said.
Pinkerton then heard his screen door being opened, police said. He headed back to the front door as Green broke through it, damaging the door frame, O’Neill said.
Pinkerton pulled his gun and ordered Green to leave, O’Neill said.
Green continued into the residence and was shot twice by Pinkerton, police said.
“He has the right to defend himself against an intruder,” O’Neill said.
Assistant State’s Attorney Glen Neubauer said Pinkerton could have called the police. When Pinkerton grabbed his gun, it was “bizarre behavior in itself,” Neubauer said.
But O’Neill said calling 911 wasn’t an option.“By the time 911 is called, he’s dead,” O’Neill said.
Read more at http://politicaloutcast.com/2013/11/mans-home...
Since: Apr 09
#2 Nov 13, 2013
To dam bad let somebody kick my door open or try to open my car door to cause harm all i will say is the cops better have there body bag with them but seems to me some cops around here doesnt know the law or wants to over look it
Since: Sep 09
#3 Nov 14, 2013
Been that way for years. Constables still don't attend court of their district as the law requires and deputies fail to deliver warrants and writs in a timely fashion as the law requires.
#4 Nov 14, 2013
This from a MS Supreme Court ruling dated:11/7/13.
Some of you are big fans of the castle doctrine. Today the Mississippi Supreme Court approved the following instruction for use in cases where the facts raise an inference that the castle doctrine should apply:
The court instructs the jury that a person who uses defensive forces shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon her or upon her dwelling, or against a vehicle which she was occupying, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful forcible act was occurring or had occurred. Therefore, if you find from the evidence in this case that the deceased, Danielle Newsome, had unlawfully and forcibly entered the property surrounding Eboni White's residence, or that Danielle Newsome, the deceased, was in the process of unlawfully and forcibly entering Eboni White's residence or the property surrounding Eboni White's residence, or Eboni White's vehicle, and that Eboni White was aware that such forcible entry or unlawful act by Danielle Newsome was occurring or had occurred, then you shall presume Eboni White to have reasonably feared imminent death or great bodily harm at the time of the shooting, and you must, therefore, find the defendant, Eboni White, not guilty.
Eboni White v. State of Mississippi, NO. 2011-CT-00048-SCT
Jury instructions are an important part of any trial, that sometimes lawyers neglect. I just got a good result in a murder trial where, in the first trial [when I was not involved], the jury instructions were not right, and the jury came back in 9 minutes and convicted of murder. The case was appealed, won on the jury instruction issue, and came back for retrial [with me]. Jury stayed out 4 hours with the right instructions and came back with what we wanted. I'm not saying I had anything to do with it, I'm just saying that as a person accused of a serious crime you have a right to have your jury properly instructed on the law, so they can make a fair decision.
So yay for the castle doctrine!
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