The Franklin County shooting..

[TwincamJim]

So I shared a link to the shooting in Franklin County that left one guy dead and one wounded... For some reason people think the homeowner was justified in tracking down the man who tried to rob him at gunpoint and shoot him in the back half an hour later, away from the homeowners property..

The perp was fleeing the scene after losing his gun.. From what I was taught at a marksmanship and safety class at HACC, it is illegal to do what the homeowner did.. Whether the guy was in the home or outside, it was my understanding that if he is fleeing you do not have the right to shoot. Your life in no longer in danger.

Opinions any one???

http://www.abc27.com/story/24310083/...ling-intruder?

[unclejumbo]

You are correct which is why the homeowner is charged with murder. He turned from victim to vigilante.

[gnbrotz]

You are correct which is why the homeowner is charged with murder. He turned from victim to vigilante.

The homeowner is currently charged with "homicide", NOT "murder". There is a legal difference, and you of all people should know that.

[Pkspawn]

The homeowner is currently charged with "homicide", NOT "murder". There is a legal difference, and you of all people should know that.

from the linked article

Mickle Shaffer now faces murder charges.

[harold63]

from the linked article

He's charged with killing someone, aka as homicide. It isn't a murder charge, yet. Article says he's facing a murder charge.

Man gets shot in robbery attempt by the perp. Friend goes after the perp that shot his friend. Man shoots and kills the perp. Now, we have one less perp to rob people at gun point and a tax savings, to boot. I know it's caustic, but I like it.

[hog45]

This topic is already being discussed here: http://forum.pafoa.org/general-2/241...-shooting.html

Moderators, any chance we can have the two merged?

[Kabloosh]

Not all homicides are murders but all murders are homicides. I'm assuming if the murder charge is wrong he is getting charged with manslaughter then. The real difference between the two other than the much more extensive punishment that murder brings is that murder needs to show ill intent. I believe there are two types of murder as well minus felony murder which is just killing someone in the commission of a felony.
1st degree murder is where you show that the killing was premeditated and had ill intent. If he took the time to load up a gun and hunted the guy down he could be charged with 1st degree murder in my opinion.
2nd degree is where it is more or a crime of passion. There was ill intent but you didn't plan it. So like you come across your cheating wife and you just choke the guy out right then and there.
Manslaughter lacks both like a traffic accident. You were speeding and you end up crashing into someone. You knew speeding was wrong but you did it anyways and it ended up costing someone their life.

It's something like this anyways. Don't go hunting people down even if they did you harm 30 minutes prior. In other words don't go on the offensive.

[ray h]

I live right down the road from Fayetteville. I'm glad the shitbag was killed. My hat's off to the guy who sacrificed the rest of his life to do what needed to be done. I would shake his hand.

[tl_3237]

Not all homicides are murders but all murders are homicides. I'm assuming if the murder charge is wrong he is getting charged with manslaughter then. The real difference between the two other than the much more extensive punishment that murder brings is that murder needs to show ill intent. I believe there are two types of murder as well minus felony murder which is just killing someone in the commission of a felony.
1st degree murder is where you show that the killing was premeditated and had ill intent. If he took the time to load up a gun and hunted the guy down he could be charged with 1st degree murder in my opinion.
2nd degree is where it is more or a crime of passion. There was ill intent but you didn't plan it. So like you come across your cheating wife and you just choke the guy out right then and there.
Manslaughter lacks both like a traffic accident. You were speeding and you end up crashing into someone. You knew speeding was wrong but you did it anyways and it ended up costing someone their life.

It's something like this anyways. Don't go hunting people down even if they did you harm 30 minutes prior. In other words don't go on the offensive.

18 Pa Consolidated Statutes:

§ 2502. Murder.
(a) Murder of the first degree.--A criminal homicide constitutes murder of the first degree when it is committed by an intentional killing.
(b) Murder of the second degree.--A criminal homicide constitutes murder of the second degree when it is committed while defendant was engaged as a principal or an accomplice in the perpetration of a felony.
(c) Murder of the third degree.--All other kinds of murder shall be murder of the third degree. Murder of the third degree is a felony of the first degree.

§ 2503. Voluntary manslaughter.
(a) General rule.--A person who kills an individual without lawful justification commits voluntary manslaughter if at the time of the killing he is acting under a sudden and intense passion resulting from serious provocation by:
(1) the individual killed; or
(2) another whom the actor endeavors to kill, but he negligently or accidentally causes the death of the individual killed.

§ 2504. Involuntary manslaughter.
(a) General rule.--A person is guilty of involuntary
manslaughter when as a direct result of the doing of an unlawful
act in a reckless or grossly negligent manner, or the doing of a
lawful act in a reckless or grossly negligent manner, he causes
the death of another person.

[Kabloosh]

I was going off of memory so it is more of an interpretation and not verbatim to the laws themselves. I'm pretty sure pa has felony murder too.

I guess I could put in a disclaimer that I'm not a lawyer or an expert on pa law and murder. As much as I'd like to dig up the law I'm lazy right now and don't want to do that through my phone.