Woman kills intruder - 911 call

[allingeneral]

This happened in Oklahoma last week. I feel for this poor woman and I hope that she is able to cope with the terrible thing that she had to do to protect herself.

[GS78]

she'll be ok.... she was cool as a cucumber, until after she fired, then she was a little emotional, but what woman home alone at night with a guy breaking through your sliding glass door wouldn't be a little emotional....... and I suppose all that blood coming from the chest area of the intruder might have had something to do about it too.....still, all in all , nice control on her part.

[fireman836]

Clean shoot. I listened to the full 30+ min audio. This woman was teriorized for a long time before police showed up. And she kept her cool until BG broke through patio door and she had to shoot. She should have plenty of support.

[goodoleboy]

I think the fact that the Dispatcher herself advised her that she was within her legal right and the fact that she waited until she had to fire plus all the audio, etc... will completely clear her in this case.

[zephyp]

I think the fact that the Dispatcher herself advised her that she was within her legal right and the fact that she waited until she had to fire plus all the audio, etc... will completely clear her in this case.

[GS78]

plus, no crippled , maimed perp to file a lawsuit.....

[Palladin]

If the media would shout this story from the hilltops for a couple weeks, I'd bet some sorry SOB's like that would think twice before doing the next crime...
I do feel for the woman though, it takes a lot to stand up for yourself in that manner.

[dfk70]

Clean shoot. Thumbs up to her for being able to defend herself.

[SgtBill]

Clean shoot on her part. Still some ass org. will condem her for shooting a guy that was disturbed or etc. I can't understand why it was so long for any type of law enforcement to get there. State Police, Sheriff's dept. Etc.

P.S. She will get over the shooting, she will never forget it but she will learn to live with it. It just takes awhile.
Bill

[zephyp]

plus, no crippled , maimed perp to file a lawsuit.....

Yeah but let's hope he didnt leave a widow and 8 kids behind...

[novasig226r]

plus, no crippled , maimed perp to file a lawsuit.....

Yeah but let's hope he didnt leave a widow and 8 kids behind...

No worries in Oklahoma. OK Statute 21-1289.25, esp. sub-sections F, G, and H.

F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term “criminal prosecution” includes charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.

The statute provides that one can stand one's ground and has no duty to retreat if one is in one's home (sub-sec. A) or "attacked in any other place where he or she has a right to be" (sub-sec. D). Of course, this all hinges on the the premise that you, as the shooter acting in self-defense, are not engaged in an unlawful activity at the time of the shooting.

This is, as it should be everywhere, a "good thing".

[allingeneral]

No worries in Oklahoma. OK Statute 21-1289.25, esp. sub-sections F, G, and H.

F. A person who uses force, as permitted pursuant to the provisions of subsections B and D of this section, is justified in using such force and is immune from criminal prosecution and civil action for the use of such force. As used in this subsection, the term “criminal prosecution” includes charging or prosecuting the defendant.
G. A law enforcement agency may use standard procedures for investigating the use of force, but the law enforcement agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
H. The court shall award reasonable attorney fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection F of this section.

The statute provides that one can stand one's ground and has no duty to retreat if one is in one's home (sub-sec. A) or "attacked in any other place where he or she has a right to be" (sub-sec. D). Of course, this all hinges on the the premise that you, as the shooter acting in self-defense, are not engaged in an unlawful activity at the time of the shooting.

This is, as it should be everywhere, a "good thing".

AKA Complete Castle Doctrine - What we need to pass in Virginia asap.

[zephyp]

Maybe, just maybe, we can get that complete castle doctrine under our new governor. Along with CC in "bars," abolish the 30 day waiting period, year round access to ranges on WMAs, ... hold on there bobalui. You're gettin greedy...

[alby]

AKA Complete Castle Doctrine - What we need to pass in Virginia asap.

Agreed.. Virginia needs a Castle Doctrine so our citizens have peace of mind knowing that when you
hear a bump in the night, you have the right to shoot first, ask questions later. The lack of a Castle Doctrine
leaves residents second guessing themselves at a moment in time when their life could be on the line.

[alby]

HB710 was passed by the House, but its stuck in the Senate.. Somebody just needs to
bring it to the floor for a vote and then off to the Gov's office.



Status:
01/08/08 House: Prefiled and ordered printed; offered 01/09/08 085925568
01/08/08 House: Referred to Committee for Courts of Justice
01/16/08 House: Assigned Courts sub: Criminal
02/04/08 House: Reported from Courts of Justice with amendment (18-Y 4-N)
02/06/08 House: Read first time
02/07/08 House: Read second time
02/07/08 House: Committee amendment agreed to
02/07/08 House: Engrossed by House as amended HB710E
02/07/08 House: Printed as engrossed 085925568-E
02/08/08 House: Read third time and passed House (80-Y 19-N)
02/08/08 House: VOTE: --- PASSAGE (80-Y 19-N)
02/08/08 House: Communicated to Senate
--
02/11/08 Senate: Constitutional reading dispensed
02/11/08 Senate: Referred to Committee for Courts of Justice
02/12/08 Senate: Assigned Courts sub: Criminal
02/18/08 Senate: Passed by indefinitely in Courts of Justice (11-Y 4-N)


HOUSE BILL NO. 710
House Amendments in [ ] – February 7, 2008
A BILL to amend the Code of Virginia by adding a section numbered 18.2-91.1, relating to self defense and defense of others.
----------
Patron Prior to Engrossment--Delegate Janis
----------
Referred to Committee for Courts of Justice
----------

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 18.2-91.1 as follows:

§ 18.2-91.1. Use of physical force, including deadly force, against an intruder; justified self defense.

Any person who lawfully occupies a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when the other person has unlawfully entered the dwelling, has committed an overt act toward the occupant or another person in the dwelling, and the occupant reasonably believes he or another person in the dwelling is in imminent danger of bodily [ harm injury ] .

Any occupant of a dwelling using physical force, including deadly physical force, as provided in this section shall be immune from civil liability for injuries or death of the other person who has unlawfully entered the dwelling that results from the use of such force.


http://leg1.state.va.us/cgi-bin/legp504 ... val=HB710+

[Afrikaner82]

Good on her, I am glad it turned out this way one dead criminal and no citizen hurt. IMHO if you step out side the law then I do not see you as my fellow citizen just an enemy but this is just with criminal intend not if fighting for your rights.

Good on you ma'am. To the dead man get some you (insert expletive here)

Now lets get the castle doctrine here in VA.

[communicator7]

That was so scary. I think this woman did the right thing and the audio proves she waited as long as she could before shooting him.Why did it take police so long to get there? This is a classic example of Reasonable Man Theory. Anyone else would have done the same thing. I pray she will recover.

[VBshooter]

That Castle Doctrine law shown above is the one that Creigh Deeds and his commitee killed last year . Good that he didn;t get elected. It needs to be extended to include any place that someone is legally and not just their dwelling .. Car, street, motel room, laundromat,,wherever,,,, we should have the right to self defense first and not be obligated to retreat in the face of danger.

[allingeneral]

That Castle Doctrine law shown above is the one that Creigh Deeds and his commitee killed last year . Good that he didn;t get elected. It needs to be extended to include any place that someone is legally and not just their dwelling .. Car, street, motel room, laundromat,,wherever,,,, we should have the right to self defense first and not be obligated to retreat in the face of danger.

I agree totally - Oklahoma has a "Full blown" Castle Doctrine which covers citizens' rights anywhere that they are legally allowed to be. The Castle Doctrine outlined a couple of posts up from here protects a citizen's rights only inside their own home - not in their vehicle, not at the grocery store, etc. We need the Full-up version like Oklahoma has enacted.