Monroe County Man Acquitted, Self Defense Justified

[mrnyman]

Two in the torso,one in the leg and the guys down and unarmmed. He could have safely retreated.

SAfely retreated to where? The man is already in his home, there is no laws stating that you have to retreat from your home right?

A man is the king of his caslte, if you go terrorising people in thier caslte you can be horribly killed, mr Lee probably forget that he werent back in new york, he should have left mr. Johnson's house when he were asked to leave .

[DonM55]

SAfely retreated to where? The man is already in his home, there is no laws stating that you have to retreat from your home right?

A man is the king of his caslte, if you go terrorising people in thier caslte you can be horribly killed, mr Lee probably forget that he werent back in new york, he should have left mr. Johnson's house when he were asked to leave .

Your 1st duty is to retreat if you can do so safely even from your home. That's why we need HB40

[God's Country]

Your 1st duty is to retreat if you can do so safely even from your home. That's why we need HB40

Please cite specifically this requirement.

Title 18, §505. Use of Force in Self-Protection.
(a) Use of force justifiable for protection of the person.—The use of force upon or toward another person is justifiable when the actor believes that such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion.
(b) Limitations on justifying necessity for use of force. —
(1) The use of force is not justifiable under this section:
(i) to resist an arrest which the actor knows is being made by a peace officer, although the arrest is unlawful; or
(ii) to resist force used by the occupier or possessor of property or by another person on his behalf, where the actor knows that the person using the force is doing so under a claim of right to protect the property, except that this limitation shall not apply if:
(A) the actor is a public officer acting in the performance of his duties or a person lawfully assisting him therein or a person making or assisting in a lawful arrest;
(B) the actor has been unlawfully dispossessed of the property and is making a reentry or recaption justified by section 507 of this title (relating to use of force for the protection of property); or
(C) the actor believes that such force is necessary to protect himself against death or serious bodily injury.
(2) The use of deadly force is not justifiable under this section unless the actor believes that such force is necessary to protect himself against death, serious bodily injury, kidnapping or sexual intercourse compelled by force or threat; nor is it justifiable if:
(i) the actor, with the intent of causing death or serious bodily injury, provoked the use of force against himself in the same encounter; or
(ii) the actor knows that he can avoid the necessity of using such force with complete safety by retreating or by surrendering possession of a thing to a person asserting a claim of right thereto or by complying with a demand that he abstain from any action which he has no duty to take, except that:
(A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and
(B) a public officer justified in using force in the performance of his duties or a person justified in using force in his assistance or a person justified in using force in making an arrest or preventing an escape is not obliged to desist from efforts to perform such duty, effect such arrest or prevent such escape because of resistance or threatened resistance by or on behalf of the person against whom such action is directed.
(3) Except as required by paragraphs (1) and (2) of this subsection, a person employing protective force may estimate the necessity thereof under the circumstances as he believes them to be when the force is used, without retreating, surrendering possession, doing any other act which he has no legal duty to do or abstaining from any lawful action.
(c) Use of confinement as protective force. — The justification afforded by this section extends to the use of confinement as protective force only if the actor takes all reasonable measures to terminate the confinement as soon as he knows that he safely can, unless the person confined has been arrested on a charge of crime

[headcase]

Please cite specifically this requirement.

He can't because it doesn't exist.

(A) the actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; and

[God's Country]

He can't because it doesn't exist.

Must explain the 5 days of silence.

[Dredly]

Must explain the 5 days of silence.

yeah it doesn't :P

When I read the article the first time I thought it said they were having a BBQ (outside) and he went INSIDE to get his gun then went back OUTSIDE and shot him... if the guy was in his house then thats different

he is realllly lucky he didn't hit anyone else though

[thanker92]

The only thing that surprises me is that we've gone over 2 dozen posts and haven't had one comment about how it took 13 rounds of 9MM to do what one .45 could have done.

[Adam-12]

The only thing that surprises me is that we've gone over 2 dozen posts and haven't had one comment about how it took 13 rounds of 9MM to do what one .45 could have done.

Or one properly-placed .22 round.