VA Gun Owner Defends Self- Now Under Investigation

Jakeiscrazy · Post by **Jakeiscrazy** » Sun, 26 Jun 2011 22:52:29

A VA gun owner defended himself and is now under investigation over the guns and ammo in his house.

He has been cleared of charges of the shooting but:
"There's still an investigation on the number of weapons, ammunition and that sort of thing that was found there and who that actually belongs to. Who was responsible for it, having it in the house, and were they entitled to have it in the house," said Bryant.

http://www.wtkr.com/news/wtkr-vb-shooti ... 1122.story

VBshooter · Post by **VBshooter** » Mon, 27 Jun 2011 06:07:41

Seems like Law enforcement and the "media" always make a story about guns found at a crime scene even if they had nothing to do with the crime itself... This just helps to demonize the" evil "gun to an uneducated public that see that and form the wrong opinions,< And sadly once it;s reported it will never be retracted at a later date that those guns were not a part of the crime////////

Post by **zephyp** » Mon, 27 Jun 2011 07:40:05

Sounds like a case of illegal seizure to me...personally I'm far more afraid of dealing with the cops in the aftermath of a justified shooting than I am with being faced by a thug intent upon killing me...

jsharlan · Post by **jsharlan** » Mon, 27 Jun 2011 08:24:34

All this investigating to find out if he was justified is ludicrous to me. I don't know if the homeowner has children, but I do, if someone is coming into my house that is all the imminent threat I need. I am not going to wait to find out how much harm he wants to cause, and it is an injustice that an law abiding homeowner should legally have to. Any rights that criminal had were forfeit the second he decided to break into someone's home in my eyes. If this country had any justice it would be that way legally.

Reverenddel · Post by **Reverenddel** » Mon, 27 Jun 2011 08:59:35

"personally I'm far more afraid of dealing with the cops in the aftermath of a justified shooting than I am with being faced by a thug intent upon killing me..."

AGREED!

What's more? Even if you're LEGALLY JUSTIFIED in doing what you have to do, and the police officers AGREE, you have an over zealous C/A who wants to make a "name for himself" in his political arena by riding you like you have a saddle.

Seen it before. RPD agreed with the clerk who shot the robber of the Baskin Robbins, but the C/A went after him like a pitbull on a pork chop.

The "villain" had a rap sheet longer than your arm, and the clerk had a CCW. I wonder why the C/A went after him?

scott9050 · Post by **scott9050** » Mon, 27 Jun 2011 10:42:54

jsharlan wrote:All this investigating to find out if he was justified is ludicrous to me. I don't know if the homeowner has children, but I do, if someone is coming into my house that is all the imminent threat I need. I am not going to wait to find out how much harm he wants to cause, and it is an injustice that an law abiding homeowner should legally have to. Any rights that criminal had were forfeit the second he decided to break into someone's home in my eyes. If this country had any justice it would be that way legally.

Amen. The two doors to my house are on the same side, I have no option to retreat and would not anyway. If you break into my house you will get up close and personal with my 12 gauge.

Reverenddel · Post by **Reverenddel** » Mon, 27 Jun 2011 11:02:34

THAT is why I want a "Castle Doctorine"! I know it's "unneeded" according to some, but it has NOTHING to do with "Clean Shooting", but "CIVIL PROTECTION", and "CRIMINAL RIGHTS FORFEITURE"!

I want the criminals in this state to understand, when you break the law? You have no rights to ANYTHING from your victim!

They can shoot you to defend person, AND PROPERTY!

People can disagree with me, but if they know that they cannot just grab something, and run, it may hinder that as well.

jdonovan · Post by **jdonovan** » Mon, 27 Jun 2011 13:18:48

Seems everyone is getting spun on a tangent that doesn't seem to exist in the only news article of I can find of the event. I can't find anywhere that there are ANY charges directly to the shooting. It looks by all accounts the police and the CA have said its a good shoot, and no charges are pending, or planned.

However, It appears that the police found something else while they were investigating the shooting.... and thats what is currently being investigated.

Tweaker · Post by **Tweaker** » Mon, 27 Jun 2011 13:32:43

I saw they recovered "suspected" marijuana at the house.

Anyone know if you can be found guilty for pot possession when it is found in this means?

It sounds like the popo conducted a regular scavenger hunt in the victim's home, after the shoot, further victimizing him.

F that.

jdonovan · Post by **jdonovan** » Mon, 27 Jun 2011 13:45:29

Tweaker wrote:I saw they recovered "suspected" marijuana at the house.

Anyone know if you can be found guilty for pot possession when it is found in this means?

Generally yes, but it depends.

If it was in plain sight, or where one would reasonably look when searching for what the PD was searching for then it is generally admissible.

In this case a check of the premises for a 2nd intruder would have been both reasonable and prudent. If they were looking under beds, in closets and came across the drugs, then thats a good search. If they were in his dresser shaking out his socks.... well that search will likely get tossed.

There is a side action on this... if they walked into a room and got strong aroma of marijuana, then it would be reasonable to look for the source of the smell. Or at least give them PC to get a warrant for a detailed search.

It sounds like the popo conducted a regular scavenger hunt in the victim's home, after the shoot, further victimizing him.

I'll hold judgement but if the PD did a reasonable premise search give the above limits, then the drugs weren't hidden well enough.

This is one of the reasons I always say decline to allow the PD into your home/vehicle et-al with out a search warrant . Who know what they might see/smell/taste/hear/feel that then gives them the ability to look deeper.

'can we come in sir?'
"No, let me step out onto the porch and we can talk out here."

Tweaker · Post by **Tweaker** » Mon, 27 Jun 2011 13:58:22

Agreed, JD. Hide yo kids, hide yo wife, and more deliberately hide yo plants.

Sensai · Post by **Sensai** » Mon, 27 Jun 2011 16:09:11

I keep reading, in this case and others, that the police "found" guns and ammunition in the home. If the guns are not illegal, what premise do they use for siezing them? As far as I know there is no illegal small arms amunition, so the same question arises. I just don't understand why they are carting off someones property like this. Even if the owner gets his guns and ammo back, there is probably going to be handling and transportation damages. Who pays for that? If no laws are broken, why are gun owners being treated like criminals?

jdonovan · Post by **jdonovan** » Mon, 27 Jun 2011 16:47:05

Sensai wrote:I keep reading, in this case and others, that the police "found" guns and ammunition in the home. If the guns are not illegal, what premise do they use for siezing them? ?

They found weed in the house too.

Diomed · Post by **Diomed** » Tue, 28 Jun 2011 00:23:04

zephyp wrote:Sounds like a case of illegal seizure to me...personally I'm far more afraid of dealing with the cops in the aftermath of a justified shooting than I am with being faced by a thug intent upon killing me...

Agreed. A defensive shoot appears to constitute carte blanche for the Man to climb into your life (and into your attic, into your closet, under your bed...).

jdonovan · Post by **jdonovan** » Tue, 28 Jun 2011 05:54:06

Diomed wrote:Agreed. A defensive shoot appears to constitute carte blanche for the Man to climb into your life (and into your attic, into your closet, under your bed...).

Yep, which is why if possible, you never invite a vampire into your house. Once you do you loose all power over it.

Jakeiscrazy · Post by **Jakeiscrazy** » Tue, 28 Jun 2011 15:15:37

jdonovan wrote:
Sensai wrote:I keep reading, in this case and others, that the police "found" guns and ammunition in the home. If the guns are not illegal, what premise do they use for siezing them? ?
They found weed in the house too.

Link? That's not in the original story posted here.

jdonovan · Post by **jdonovan** » Tue, 28 Jun 2011 16:48:02

was going on what tweaker said.

Tweaker · Post by **Tweaker** » Tue, 28 Jun 2011 17:43:41

"suspected marijuana" was listed as items confiscated from the residence.

I don't recall the popo even using the weed as a justification to take the guns etc. They claimed that their presence alone gave them reason to take all that crap to "see whose it was, were they legal to possess it.

BS!

skeeterss0 · Post by **skeeterss0** » Tue, 28 Jun 2011 18:17:26

http://www.wvec.com/news/local/Wounded- ... 02569.html

Found this by googling the name. Says the two were friends on facebook. Leads me to believe there is more to the story than first posted.

Jakeiscrazy · Post by **Jakeiscrazy** » Tue, 28 Jun 2011 21:30:50

skeeterss0 wrote:http://www.wvec.com/news/local/Wounded- ... 02569.html

Found this by googling the name. Says the two were friends on facebook. Leads me to believe there is more to the story than first posted.

Maybe but then again most robberies are committed by people you know.

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VA Gun Owner Defends Self- Now Under Investigation

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