Homeowner Shoots Suspected Burglar - Gray Areas?

[TellyDSP]

A few too many gray areas. Warning shot? Unlocking the truck and ordering the guy to come out? Doesnt sound like an immediate threat. Drawing down and waiting for the police to arrive would have worked. Sure, we'd all love to clean the gene pool, but this could spell trouble if an overzealous prosecutor gets this one.

http://www.orlandosentinel.com/news/...,1441927.story

Cops: Homeowner fatally shoots suspected burglar hiding in truck in driveway

By Audrea Huff, OrlandoSentinel.com

11:02 AM EST, November 28, 2009

A homeowner shot and killed a suspected burglar this morning who was hiding in his pickup truck in his driveway, the Lake County Sheriff's Office said.

Russell Conrad, 70, fatally shot Steve Hilson, 32, when Hilson, according to the homeowner, approached him in a threatening manner, the Sheriff's Office said in a news release.

Conrad was awakened just before 4:30 a.m. by the sound of the horn of his truck, parked in the driveway of his home on County Road 561. Armed with his handgun, Conrad went to investigate. As he walked outside, the horn sounded again, and Conrad realized someone was inside the truck.

Conrad fired warning shots and ordered the suspected burglar out of the truck. But the suspect locked himself inside.

With his keys, Conrad unlocked the truck, then backed away, again ordering the suspect to come out.

That's when Hilson came toward Conrad, who feared for his life and shot the suspected burglar, fatally wounding him, the Sheriff's Office said.

Check back for updates.

[T.S.]

Cops: Homeowner fatally shoots suspected burglar hiding in truck in driveway

By Audrea Huff, OrlandoSentinel.com

11:02 AM EST, November 28, 2009

A homeowner shot and killed a suspected burglar this morning who was hiding in his pickup truck in his driveway, the Lake County Sheriff's Office said.

Russell Conrad, 70, fatally shot Steve Hilson, 32, when Hilson, according to the homeowner, approached him in a threatening manner, the Sheriff's Office said in a news release.

Conrad was awakened just before 4:30 a.m. by the sound of the horn of his truck, parked in the driveway of his home on County Road 561. Armed with his handgun, Conrad went to investigate. As he walked outside, the horn sounded again, and Conrad realized someone was inside the truck.

So far, Mr. Conrad is within the law.

Conrad fired warning shots and ordered the suspected burglar out of the truck. But the suspect locked himself inside.

Warning shots are a BIG no-no. Where did the shot go? In the ground? Up in the air?

With his keys, Conrad unlocked the truck, then backed away, again ordering the suspect to come out.

At this point, Mr. Conrad is back within the law.

That's when Hilson came toward Conrad, who feared for his life and shot the suspected burglar, fatally wounding him, the Sheriff's Office said.

According to Florida Statute 776.012 Use of force in defense of person.--

http://www.flsenate.gov/Statutes/ind...20012#0776.012

Title XLVI
CRIMES Chapter 776
JUSTIFIABLE USE OF FORCE

776.012 Use of force in defense of person.--A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or

(2) Under those circumstances permitted pursuant to s. 776.013.

History.--s. 13, ch. 74-383; s. 1188, ch. 97-102; s. 2, ch. 2005-27.

IMHO, Mr. Conrad will face no charges on the shooting in self-defense of Mr. Hilson.

He may have a problem with the discharging of the warning shot, depending upon where and how he did it.

[TellyDSP]

While I hope he doesnt face charges, the BG was not an immediate threat while in the vehicle.

With his keys, Conrad unlocked the truck, then backed away, again ordering the suspect to come out.

That's when Hilson came toward Conrad, who feared for his life and shot the suspected burglar, fatally wounding him, the Sheriff's Office said.

Demanding someone come out and then shooting them when they come out seems questionable to me. He was not in immediate danger when the BG was in the vehicle, according to the information reported.

[jfl]

So far, Mr. Conrad is within the law.



Warning shots are a BIG no-no. Where did the shot go? In the ground? Up in the air?



At this point, Mr. Conrad is back within the law.



According to Florida Statute 776.012 Use of force in defense of person.--



IMHO, Mr. Conrad will face no charges on the shooting in self-defense of Mr. Hilson.

He may have a problem with the discharging of the warning shot, depending upon where and how he did it.

I agree that firing warning shots is tactically unsound and is a " a big NO-NO".

However, if the case went to court, which I doubt, the warning shots may show the jury that the GG tried to avoid killing the BG ... maybe.

What do the legal eagles think ?

[T.S.]

While I hope he doesnt face charges, the BG was not an immediate threat while in the vehicle.


Demanding someone come out and then shooting them when they come out seems questionable to me. He was not in immediate danger when the BG was in the vehicle, according to the information reported.

On your own property you have the right to be armed. If you find an intruder in your home, or in your vehicle, especially at 4:30 a.m., you have the legal authority to order them out.

If they charge at you while doing so, and you are in fear of your life, you have the authority, under 776.012, to use deadly force to " prevent imminent death or great bodily harm " to yourself.

No problem with the shoot.

[Striker40]

While I hope he doesnt face charges, the BG was not an immediate threat while in the vehicle.


Demanding someone come out and then shooting them when they come out seems questionable to me. He was not in immediate danger when the BG was in the vehicle, according to the information reported.

Have to side with TellyDSP on this one, as victim was not in imminent danger while the suspect was in the car. Police should have been contacted at this time. However, if the suspect had come out on his own volition and had attempted physical contact, this would have been a righteous shoot. As always, warnings shots are never warranted.

[T.S.]

Have to side with TellyDSP on this one, as victim was not in imminent danger while the suspect was in the car. Police should have been contacted at this time. However, if the suspect had come out on his own volition and had attempted physical contact, this would have been a righteous shoot. As always, warnings shots are never warranted.

Do you have the authority to order someone out of your vehicle, on your own property, at 0430 hrs.??

Yes, you do.

Now, with that being said, if the BG charges at you while he is exiting the vehicle, and you fear for your life, then you have the legal authority under 776.012, to use deadly force to " prevent imminent death or great bodily harm " to yourself.

[Red Dawg]

Would love to know how this one turns out.

[Striker40]

Do you have the authority to order someone out of your vehicle, on your own property, at 0430 hrs.??

Yes, you do.

Now, with that being said, if the BG charges at you while he is exiting the vehicle, and you fear for your life, then you have the legal authority under 776.012, to use deadly force to " prevent imminent death or great bodily harm " to yourself.

Although I may have the authority to order someone out of my vehicle, this may lead to a possible shooting that I may not want to involve myself in (possible lawsuits, court appearances, etc). Let law enforcement take care of it. As I stated before, if BG comes out and attacks me, of course I again have authority to shoot to stop, which I will. Why make life harder for myself than it already is? I don't want a killing, even righteous, on my conscience, if avoidable.

[Heraclid]

Warning shots? Ordering him out of the vehicle and then shooting him for complying? The guy was scared, so I doubt he made an aggressive move toward the homeowner. Probably was going to run if he got the chance. This homeowner probably had his mind made up he was going to shoot the guy but didn't want to mess up his truck and needed a way to claim he was a threat.

This is as bad as the recent story about the shop clerk going back to execute the guy in his store after he already downed him, IMHO. Actually, I have more sympathy for the shop clerk.