Kansas homeowner accused of shooting intruders

Apr 25, 2011 Full story: KansasCity.com 14

A south-central Kansas homeowner is facing charges in the shootings of two people suspected of breaking into his house.The wounded suspects were taken to a Wichita hospital early Monday.

Full Story
Dusty Road

Burlington, KS

#1 Apr 26, 2011
I hope the home owner gets the same justice as police officers do when they have shot unarmed people. I mean,, the home owner was out numbered and he didn't know how many there were. Could have been more around back or still in the house. Did the home invaders move or act like they had a gun in the dark? Police have been acquitted because the person look like held up his arm and the officer thought he saw something in his hand. Cell Phone? Should the home owner wait for the law breakers to shoot first? The police don't. It was early in the morning and the home owner woke from a sound sleep and had to act fast. I don't know about other people but it takes me a while to wake up. I'm sure the home owner was scared when the intruders woke him up. The home owner may have been a veteran and out of training he reacted. The home owner didn't lay and wait to kill the intruders or he would have has a bigger gun. I think it must have been a 22 caliber. squirrel gun or other wise the two people shot would be dead. I think he grabbed the only means he had to defend his self and not knowing if the intruders were armed with guns and maybe their motions indicated that they did. The home owner reacted as would a police officer would have. Who would think that home invaders would break into a house unarmed in a country where it is legal to own guns by law abiding citizens. Which have the right to protect them selves. I think that one must assume the intruders were armed and with only a rifle meant for plinking or rabbits, his chances were slime against someone with a larger caliber gun or GUNS.
Again. I hope the home owner gets the same consideration as a police officer would in the same situation. Again, you have several people break into your home while you are sleeping and then you have to face off with them not knowing their intentions or if they are armed. One has to assume your life is in danger. The thugs don’t want to be caught or leave a witness and being far from help which the home invaders also knew. All these things were going through the home owners mind, he was alone, half asleep, faced with several home invaders , in the dark. A very tense situation and if any of the home invaders motioned as if they were going to point a gun at the home owner. Then the fire fight starts. The last person to pull the trigger is normaly the one that gets the painted line around their dead body.
earlpittsamurica n

Parsons, KS

#2 Apr 26, 2011
Last I heard it was still legal to protect yourself and your property. Any judgment against the homeowner, even probation, would be a gross violation of his rights and another open door to criminals.
stargazerJan

United States

#3 Apr 26, 2011
Kansas Statute 21-3212: Use of force in defense of dwelling; no duty to retreat.(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling or occupied vehicle.

(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling or occupied vehicle if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or another.

(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling or occupied vehicle.

History: L. 1969, ch. 180,§ 21-3212; L. 2006, ch. 194,§ 4; May 25.
Dusty Road

Burlington, KS

#4 Apr 26, 2011
stargazerJan wrote:
Kansas Statute 21-3212: Use of force in defense of dwelling; no duty to retreat.(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling or occupied vehicle.
(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling or occupied vehicle if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or another.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling or occupied vehicle.
History: L. 1969, ch. 180,§ 21-3212; L. 2006, ch. 194,§ 4; May 25.
Being he was out numbered in the middle of the night by home invaders and not knowing how many more, All the home owner knew was a gang of thugs had ascended on and into his home while he slept. In the dark of night half and half awake under those circumstances. And knowing that someone had broke into his home the night before. He must have thought they had come back because he wasn’t there the night before and so what they were looking for and come back for was him!
Dusty Road

Burlington, KS

#5 Apr 27, 2011
stargazerJan wrote:
Kansas Statute 21-3212: Use of force in defense of dwelling; no duty to retreat.(a) A person is justified in the use of force against another when and to the extent that it appears to such person and such person reasonably believes that such force is necessary to prevent or terminate such other's unlawful entry into or attack upon such person's dwelling or occupied vehicle.
(b) A person is justified in the use of deadly force to prevent or terminate unlawful entry into or attack upon any dwelling or occupied vehicle if such person reasonably believes deadly force is necessary to prevent imminent death or great bodily harm to such person or another.
(c) Nothing in this section shall require a person to retreat if such person is using force to protect such person's dwelling or occupied vehicle.
History: L. 1969, ch. 180,§ 21-3212; L. 2006, ch. 194,§ 4; May 25.
Well, What kind of reaction were you expecting? Texas has passed legislation which frees a person to assume that someone invading their home or auto has the intent of doing great bodily harm. We the people have the right to own firearms, And everyone knows it, including thugs. So if they invade your home or auto while you are in it, They must have a gun too, Who in their right mind would invade a home of and armed American with out a gun? It’s safe to assume the thugs had guns and were going to use them if needed. I’m sure the thugs would pass a physiological test. So is the law on Kansas bucks designed to protect the stupid.“ Da, I didn’t know officer”. I hope the home owner gets the same justice a police officer gets when he is involved in a shooting.
One wrong movement on the thugs part and the officer has the right to shoot. So should the home owner.
Labatze

Watertown, WI

#6 Apr 27, 2011
Hahaha, I keep telling you dumflucks that you have a right to remain silent when questioned by police, but you just keep talking your way into prison! LOL. Screw the homeowner, he talked to police, now he's done convicted his own self. Just like a good christian, he needs to "own up" to his wrongdoing and confess! LOL.
earlpittsamurica n

Parsons, KS

#7 Apr 27, 2011
Labatze wrote:
Hahaha, I keep telling you dumflucks that you have a right to remain silent when questioned by police, but you just keep talking your way into prison! LOL. Screw the homeowner, he talked to police, now he's done convicted his own self. Just like a good christian, he needs to "own up" to his wrongdoing and confess! LOL.
There was no wrong done here. He was within his rights to protect his life, family and property. I'd do the same thing. Any judge who sends him to prison needs to be removed from the bench. Any jury who would convict him needs to be flogged.
Door King

Salina, KS

#8 Apr 27, 2011
From what I've read you are justified if you "fear for your life or the life of another." You can't just lie and say you were afraid for you life, however, it has to be a justifiable fear. You are not in fear for you life when you leave your home with a weapon and open fire on someone in a garage. They guy could have called police.
Door King

Salina, KS

#9 Apr 27, 2011
I'd also point out that not all news accounts match the one cited in this story; another account I read this morning claims that the suspects were never in the house. A good deadbolt eliminats 90 percent of crap like this.
Figures

Overland Park, KS

#10 Apr 27, 2011
This is a disgrace. This homeowner should receive a public apology from the court system.
Labatze

Watertown, WI

#11 Apr 28, 2011
earlpittsamurican wrote:
<quoted text>
There was no wrong done here. He was within his rights to protect his life, family and property. I'd do the same thing. Any judge who sends him to prison needs to be removed from the bench. Any jury who would convict him needs to be flogged.
You're threatening the courts with violent acts over the internet? What did you say your address was?
Dusty Road

Burlington, KS

#12 Apr 29, 2011
The home ower needs to lawyer up for sure. and shut up as well. anything he says to anyone will be used aginst him when the home invader sues him later.
earlpittsamurica n

Parsons, KS

#13 Apr 29, 2011
Labatze wrote:
<quoted text>You're threatening the courts with violent acts over the internet? What did you say your address was?
Don't be a dork. I said they need to be flogged. I did not say that I would flog them. That is not a threat, it's an observation.
It's no different than the observation I would make about you, that you are a smart ass and you need to keep to the subject.
momofthree

Olathe, KS

#14 May 5, 2011
if i had somebody in my and i had a gun, they'd be DEAD!

Tell me when this thread is updated:

Subscribe Now Add to my Tracker

Add your comments below

Characters left: 4000

Please note by submitting this form you acknowledge that you have read the Terms of Service and the comment you are posting is in compliance with such terms. Be polite. Inappropriate posts may be removed by the moderator. Send us your feedback.

Norwich Discussions

Title Updated Last By Comments
One of Kansas' strongest recent quakes reported... Oct 3 countryrose2 1
Robert Larson, priest convicted of molesting al... Sep '14 wow 1
Cheney business owners plan to rebuild after fire (Feb '14) Feb '14 jeff brown 1
Opinion Line (Dec '09) Nov '13 enough Obama period 38
Sabin Smith and Kaydee Freese are scam artists ... (Aug '13) Aug '13 KAROLYN FARLEY 1
Review: Eli's Electric (May '13) May '13 Afton Wise 1
Who do you support for U.S. House in Kansas (Di... (Oct '10) Oct '10 Hi lee ejicated R... 20
Norwich Dating
Find my Match

Norwich Jobs

Norwich People Search

Addresses and phone numbers for FREE

Norwich News, Events & Info

Click for news, events and info in Norwich

Personal Finance

Mortgages [ See current mortgage rates ]