Home invasion? MD: Call 911 don't defend yourself

[smilin]

Next time some one enters your home with the intent to do you bodily harm, the state of Maryland thinks you should put your gun down and remember this current case:

"The state argued that Pinkerton could have called 911"

Attorney: Glen Burnie shooting was self-defense - CapitalGazette.com: For The Record

Maryland Man Shoots Home Intruder: Charged With Murder

"[A] man faced with the danger of an attack upon his dwelling need not retreat from his home to escape the danger, but instead may stand his ground and, if necessary to repel the attack, may kill the attacker." Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963).

Black letter law. Think an Attorney General is looking to bolster his political resume?

 

[GURPS]

do not shoot an intruder during election season, shoot a politician instead

 

[h3mech]

That is crap, walk into my house I'll call 911 after your dead.

 

[CaneCorso]

That is crap, walk into my house I'll call 911 after your dead.

I like the Slingblade approach to calling 911...

Yes, ma'am. I've killed Doyle Hargraves with a lawnmower blade. Yes, ma'am, I'm right sure of it. I hit him two good whacks in the head with it. That second one just plum near cut his head in two... It's a lil' ol' white house on the corner of Vine Street and some other street. There's a pick-up truck out front that says "Doyle Hargraves Construction" on it. Doyle said besides sending the police, you might wanna send an ambulance or a "hearst". I'll be sitting here, waiting on ye.

 

[edinsomd]

That is crap, walk into my house I'll call 911 after your dead.

Then there's the 'Shoot, shovel, shut the **** up' school of thought.

 

[BOP]

Next time some one enters your home with the intent to do you bodily harm, the state of Maryland thinks you should put your gun down and remember this current case:

"The state argued that Pinkerton could have called 911"

Attorney: Glen Burnie shooting was self-defense - CapitalGazette.com: For The Record

Maryland Man Shoots Home Intruder: Charged With Murder

"[A] man faced with the danger of an attack upon his dwelling need not retreat from his home to escape the danger, but instead may stand his ground and, if necessary to repel the attack, may kill the attacker." Crawford v. State, 231 Md. 354, 361, 190 A.2d 538, 541 (1963).

Black letter law. Think an Attorney General is looking to bolster his political resume?

Take a tip from ex-Louisville cop and comedian Mike Armstrong: if someone's trying to break into your house, strip off your clothes, grab an axe, and when they see you, say this, using your best demonic voice: "I've been waiting for you!"

 

[Vince]

You cannot stand your ground and protect your family in the state of Maryland. It's just not done. Remember, if you shoot someone in self defense in Maryland you are guilty until proven innocent.

 

[officeguy]

This was a dispute between two guys living in the same house and having an interest in the same woman. It is not quite the same as a home invasion by a stranger.

MD follows standard common law self defense rules. No duty to retreat in your house but you still have to show that the person wanted you ill beyond just breaking and entering. Numerous examples of self defense events even in recent years that have not resulted in a charge against the home or business owner.

 

[Inkd]

Maryland Man Shoots Home Intruder: Charged With Murder

 

[glhs837]

This was a dispute between two guys living in the same house and having an interest in the same woman. It is not quite the same as a home invasion by a stranger.

MD follows standard common law self defense rules. No duty to retreat in your house but you still have to show that the person wanted you ill beyond just breaking and entering. Numerous examples of self defense events even in recent years that have not resulted in a charge against the home or business owner.

Wait, so they both lived in this house? I missed that.

 

[GURPS]

No duty to retreat in your house but you still have to show that the person wanted you ill beyond just breaking and entering.

why else would someone break and enter ...... as far as I am concerned, you step foot in my house and you do not belong there, you can leave when I confront you or I own your ass, and anything that follows is YOUR Fault for not leaving .....

 

[officeguy]

Wait, so they both lived in this house? I missed that.

The guy who got shot had gotten quite friendly with the wife while hubby was deployed and lived in his house for several months. Hubby comes back, throws the guy out. Guy comes back, wants to talk to the wife and ends up getting shot.

 

[GURPS]

The guy who got shot had gotten quite friendly with the wife while hubby was deployed and lived in his house for several months. Hubby comes back, throws the guy out. Guy comes back, wants to talk to the wife and ends up getting shot.

hmmm

shouldn't go messing around with another mans wife

Mr. Green should have left when he was told to .... [seems like Mr Green was being obsessive]
and if Mr. Green was there to 'talk' why was Mr. Green breaking down the screen door ....

 

[dan0623_2000]

This was a dispute between two guys living in the same house and having an interest in the same woman. It is not quite the same as a home invasion by a stranger.

MD follows standard common law self defense rules. No duty to retreat in your house but you still have to show that the person wanted you ill beyond just breaking and entering. Numerous examples of self defense events even in recent years that have not resulted in a charge against the home or business owner.

So when someone breaks into your home and says I mean you no harm you are just going to stand aside and call 911? You sell bridges for a living?

 

[officeguy]

So when someone breaks into your home and says I mean you no harm you are just going to stand aside and call 911? You sell bridges for a living?

If you shoot someone who happened to have wandered into your house but was objectively not a threat to you, e.g. your neighbors drunk 17 year old son who tried to sneak in through the wrong door, you are going to go to prison for a long time.

I am not saying that this is right or fair or anything. I am telling you what the law and relevant maryland appeals court decisions say.

Your house is not a free-fire zone.

 

[smilin]

If you shoot someone who happened to have wandered into your house but was objectively not a threat to you, e.g. your neighbors drunk 17 year old son who tried to sneak in through the wrong door, you are going to go to prison for a long time.

I am not saying that this is right or fair or anything. I am telling you what the law and relevant maryland appeals court decisions say.

Your house is not a free-fire zone.

The operative word is: Defend.
Went through a course a while ago that instructed you to always have your cell phone close, dialed in to 911 as you warn intruder that you have a gun. You then put phone down and defend yourself. Make sure sure you inform LEO where you are AND that you are armed. Almost every cell phone has a programmed emergency call button.
Black letter law in MD (see first post) says you have every right to defend your self in your home - that has been interpreted whether you own, rent or just live at parents, friends.
Look at what the judge said after he lowered the bail and saw the two page charging document. This prosecutor is looking to make a name in the anti gun Maryland constituency.Ten years from now he will proudly wave this case around as his credential.

 

[glhs837]

The guy who got shot had gotten quite friendly with the wife while hubby was deployed and lived in his house for several months. Hubby comes back, throws the guy out. Guy comes back, wants to talk to the wife and ends up getting shot.

So, while the statement "lived in the same house" is misleading, implying the intruder had some right to be there, but the fact that he had been thrown out by the person who actually owned the home says different. The intruder who broke the door entering as I recall, demonstrates to me that the rules of civilized behavior were not in place for him that night. He as not living at the house when this happened, and obviously didnt have a key? If my tenant leaves my rental house, and I move back in, he has no right to reenter that that house.

 

[officeguy]

Black letter law in MD (see first post) says you have every right to defend your self in your home - that has been interpreted whether you own, rent or just live at parents, friends.

Crawford knew that the intruder was there to rob him, he had made police reports about the attacker before etc. Crawford reaffirmed your right to defend your habitation against someone whom you know is entering your home to commit a felony.

Don't shoot the girl delivering the girl-scout cookies and believe you have Crawford as a precedent to fall back upon. You have to establish that the person is either there to commit a felony or that the person represents a reasonable threat to you.

Look at what the judge said after he lowered the bail and saw the two page charging document. This prosecutor is looking to make a name in the anti gun Maryland constituency.Ten years from now he will proudly wave this case around as his credential.

Possible.

Also possible that a trial will bring out that this was a murder that revolved around Pinkerton being upset that Green was shtupping his wife.

 

[officeguy]

So, while the statement "lived in the same house" is misleading, implying the intruder had some right to be there, but the fact that he had been thrown out by the person who actually owned the home says different.

According to the interviews with the shooters brother, the home is jointly owned by Pinkerton and his wife. Greene stayed in the house for several months by invitation of the wife. If he was there for more than 90 days out of the preceeding 12 months, this was a domestic situation.

Be careful what or who you bring into your home.

 

[glhs837]

According to the interviews with the shooters brother, the home is jointly owned by Pinkerton and his wife. Greene stayed in the house for several months by invitation of the wife. If he was there for more than 90 days out of the preceeding 12 months, this was a domestic situation.

Be careful what or who you bring into your home.

So, we know they had a relationship, the wife and the Greene? If they didnt, if it was just a case of her letting him stay there out of the kindness of her heart, is it still a domestic? Forgetting of course, that even if it is a domestic, that doesn't mean you have to let someone kill you.

Your arguments remind me of that movie, the one where the tenant ruins the lives of his landlords? What was it, Pacific Heights?