I was broken into last night. . and I didn't shoot. Did I do the right thing?

[BerksCountyDave]

I was laying in bed last night around 1:00AM, when I heard my dog start barking downstairs. He never barks unless I'm teasing him with a piece of steak or a strip of bacon, so this raised my suspiscions immediately. I grabbed my .45 and headed down the steps. As I came down the steps, my alarm system sounded. I made my way quickly toward the front door just in time to see two men grab my pool cue rack and run out the front door, I was about 50 feet from them at this point. When I got to the door and brouht my gun up, they were running down my driveway, and one of them had the red dot of my laser sight on his back, but I didn't pull the trigger. I let them get away. I figured shooting a man in the back would land me in a jail cell.

I know you're thinking "pool cues? big deal". But it is a big deal. I'm an avid pool player and that collection was easily worth over $7500. And it's gone. Did I do the correct thing legally letting them get away? I had two opportunities to shoot. Once when they were headed for the door about 50' away from me, and once while they were running down the driveway, their backs to me. I yelled for them to stop the first time, but they ran. They never drew a weapon on me. But would I have been legally justified in Pennsylvania shooting them to protect my property?

Thanks for any input guys. I wasn't sure I wanted to share this story on an internet forum, but I need input from someone to hopefully put my mind at ease to some extent.

Dave

[Aran]

I don't think you'd have been protected by the law shooting them in the back.

[MTechnik]

Good call not pulling the trigger. We would have been hearing about you in the "news" section...

You can only fire in self defense, because you believe you are in danger. Definitely not at someones' back, outside of your home, running from you...

Suck up the $500 dedicutible on your home-owners insurance, and next time try and get them on the way IN.

[BerksCountyDave]

I know, but they were both facing me the first time while they were still inside my home.

[sjl127]

I can't arm-chair quarterback this because I wasn't there.

So, it would be foolish of me to put myself in your situation. Who knows what I would have done?

[ChamberedRound]

I had two opportunities to shoot. Once when they were headed for the door about 50' away from me, and once while they were running down the driveway, their backs to me. I yelled for them to stop the first time, but they ran. They never drew a weapon on me. But would I have been legally justified in Pennsylvania shooting them to protect my property?

I'm no lawyer, but if you're saying that those two times were the only times you would've been able to shoot, it's probably a good thing you didn't. Two men whose backs were to you both times you had a shot are not endangering you life, so I don't think you would've been justified in shooting them.

I'm not 100% sure if the PA UFA outlines use of force guidelines for protection of property, although I'm pretty sure if you shot someone in the back to reclaim your property you'd have some legal trouble in PA. IMHO, people should be able to shoot to protect property, but I don't believe PA law concurs with my opinion.

[knight0334]

Shooting them in the back would have been bad.. BUT, I would have tried to effect an arrest.. ...possession of your property, from within your dwelling = burglary = forcible felony. Then let them decide whether they want to be arrested or not for for the crimes.

the heck with self-defense and defense of property....

but hey, thats just me and the way that I might handle things..

[TRB]

If you would have pressed the trigger you would be in jail right now and we would not be having this conversation. Furthermore, you would in all probability be convicted and spend a goodly portion of the next decade there. For a pool cue.

They offered no deadly threat. You defended your home and family. They stole your pool cue. Buy a new one and be content that you have done everything correctly.

This is America. They will make more stuff for you to buy.

[Aran]

If you would have pressed the trigger you would be in jail right now and we would not be having this conversation. Furthermore, you would in all probability be convicted and spend a goodly portion of the next decade there. For a pool cue.

They offered no deadly threat. You defended your home and family. They stole your pool cue. Buy a new one and be content that you have done everything correctly.

This is America. They will make more stuff for you to buy.

So, where do you live and which door will you be leaving unlocked tonight?

[ChamberedRound]

BTW, glad to hear that you and your family are not hurt. I know it sucks to lose something important to you (and I believe you should be able to defend property), but it can be replaced. I would thing your homeowner's/renter's insurance should cover it.