Waynesburg Man Charged With Shooting Alleged Attacker

[pghplr]

Waynesburg Man Charged With Shooting Alleged Attacker

POSTED: 5:38 pm EDT September 4, 2008
UPDATED: 9:16 pm EDT September 4, 2008


WAYNESBURG, Pa. -- An argument over money in Waynesburg led to an alleged attacker being shot.

According to the criminal complaint, Sam Boyd, 63, told police that William Durbin came to his house arguing about money. Police said Durbin bullied his way into Boyd's home, threatening to kill him.

At that point, Boyd said he shoved Durbin out of the home. Boyd said that's when Durbin grabbed a large metal lighthouse from the yard and started beating him.

"He picked it up and started beating me," said Boyd.

Police said two neighbors backed up Boyd s account of events, telling troopers they witnessed Durbin beating Boyd and reaching for a rock.

"When he bent over to pick the stone up, I shot for his leg," said Boyd. "I just wanted to stop the guy."

The bullet ended up striking Durbin in the lower back.

Boyd now faces four charges, including two counts of aggravated assault, lesser charges than the attacker.

District Attorney Marjorie Fox said she doesn't comment on pending cases, saying the police affidavit speaks for itself. Boyd s lawyer calls the charges over the top.

"All the man was doing was defending himself," said Boyd's attorney John Mcllvaine. "I can only hope and pray that we have a right to defend ourselves against somebody who is threatening to kill you."

Durbin is recovering from the gunshot wound.

Boyd has a preliminary hearing on Sept. 23.
Copyright 2008 by Wpxi.com. All rights reserved.

[gf45acp]

As with most articles, not enough info. But for someone to be charged at his own home under the presented circumstances is to much.

[Philbert]

This seems to support the idea that you should never "shoot to wound". If you fear for your life, shoot COM. If you don't, don't pull the trigger. I believe the man hurt his case by telling the cops that he aimed for the guy's leg.

[Dredly]

This will fall into the issue of "he pursued and thus became the aggressor". If the guy was thrown out of the house (which he obviously was since he grabbed a lawn ornament) then the first crime is "done". The home owner didn't stop going out after him then his life wasn't in danger anymore.

This doesn't fall under any self defense laws as he wasn't defending himself, he was going to get some payback for the guy being a jerk and letting his emotions run him and when the original attacker grabbed something to swing at him the victim took his chance and blasted him.

- What isn't mentioned is HOW he had a gun and WHEN he grabbed the gun. Is that how he got the man out of his house? (He probably would have been much better off shooting him in the house... then it would be legal). I'm sure one of the guys will correct me if I'm wrong but you have to flee unless it is in your house, this wasn't in his house, it was in the front yard, he could have run back inside or stayed inside and closed / locked the door. The difference would then be the original attacker would have to come BACK IN to the house and thus be a legal target.


Sounds like this is going to be an interesting case, we definately aren't getting all the details from this new article but I think what this does point out is ALWAYS BE PREPARED! You never know when someone is going to come and decide to turn your life upside down. The gun downstairs in the holster in the safe isn't going to help when you are upstairs in the living room and someone decides to come into your home and threaten you.

[Dredly]

This seems to support the idea that you should never "shoot to wound". If you fear for your life, shoot COM. If you don't, don't pull the trigger. I believe the man hurt his case by telling the cops that he aimed for the guy's leg.

Then he would be on trial for Murder, not attempted murder. This isn't a case of he said for he said. The only real question is going to be if the man was invited into the home or if he forced his way in and who started the fight.

[NineseveN]

This seems to support the idea that you should never "shoot to wound". If you fear for your life, shoot COM. If you don't, don't pull the trigger. I believe the man hurt his case by telling the cops that he aimed for the guy's leg.

The guy shouldn't have said anything at all in the first place, regardless as to whether or not he shot to wound or truly feared for his life...let the lawyers explain that.

[gf45acp]

Once again, not enough info. Nowhere does it say the the homeowner pursued the person into the yard, or if the person came back to the door of the house. He may have, but this info is not available.

[Dredly]

Once again, not enough info. Nowhere does it say the the homeowner pursued the person into the yard, or if the person came back to the door of the house. He may have, but this info is not available.

I think it can be inferred fairly easily that this happened outdoors:

1. he was getting attacked with a lawn ornament and the guy was going for a rock

2. The neighbors saw it all, wouldn't have been possible if they were in the house.

It does clearly say the guy was removed from the house, hence no longer indoors

[Siggy]

I agree with all Dredly's statements, and additionally the article does say the guy was struck in the back.

Two possible things would have helped mitigate the charges against him. 1) wait until the guys stands up with the rock and shoot him in the front side when he was an imminent threat 2) after throwing him out of the house shut the door and wait for him to kick it in so that you can justifiably shoot him (in the front side...)

[Gary in Pennsylvania]

This will fall into the issue of "he pursued and thus became the aggressor". If the guy was thrown out of the house (which he obviously was since he grabbed a lawn ornament) then the first crime is "done".

Exactly Dredly. Precisely what I thought!

Homeowner, after shoving aggressor outside, should have locked the door and called police. Sue aggressor for damages to the house (whacking with lawn ornament).

IF aggressor smashes a window/door and regains entry into the house......employ firearm to defend yourself accordingly.