Maryland man killed in home invasion.

[fabsroman]

...Until the bad guy that's illiterate shows up.

Come on man, they make special signs for those kinds of people. Picture of a gun with a circle and slash through it. Picture of a bad guy with a circle and a slash through it.

I get so many solicitors knocking on my door that it really does piss me off. Thing is, I leave the 105 pound dog right there behind me as I crack the door to talk to them. One of the neighbors has a "No Soliciting" sign up, and I am thinking about putting one up myself, maybe two, come to think of it, maybe three. One in English, one in Spanish, one in Italian, One in Korean, one in Japanese, one in Chinese, one in Russian (if I missed your nationality or yours is one of the few included, don't be offended. Just could not get to every possible one), one in braille, one in photos, etc. Going to be a lot of signs.

 

[DaemonAssassin]

As long as I am in fear for my life or I fear for the safety of my family, and they are advancing towards me or acting in a threatening manner, I will shoot until the threat is neutralized. If that means double tap, evaluate, double tap, evaluate, double tap, one to the head, then so be it. I expended my ammo while I was retreating from the threat in my own home.

As they say: "You ain't from round here, are ya boy?". There won't be a "FREEZE!!!" or anything else. No words will be spoken. Won't be any need to say anything as a 45 takes that moron's soul.

 

[obsolete]

Before the average Joe gets excited about events like this that don't make sense, it's usually worth a query of the Md Judiciary Case Search. Sometimes you find that the victim had priors like 1st degree assault with a handgun or domestic violence where the wife refused to testify at trial.

 

[jc1240]

My wife and I almost had one too....our dogs also scared them off.


Side note: Wasn't there a guy in Glen Burnie who shot a robber in his home last year or the year before? I think he got into some pretty deep doo doo.

http://misguidedchildren.com/justic...shoots-home-intruder-charged-with-murder/6028

The case was so weak, the judge dismissed it. It was a persecution, not a prosecution.

 

[Blaster229]

Well, MD does have the Castle Doctrine for inside your house.

Just make sure they're facing toward you when you act.

Or running towards a family member getting ready to stab them with a knife.

 

[Unknown User]

I was told by a trooper that you always want to try and "evade" and create any type of barricade even if it means locking yourself in a room as your first option then call 911 and let them know what's going on and to make sure you describe yourself so the approaching officers know you are not the bad guy and to stay on the phone. If the intruder opens the door to the room that you're in you can open fire without having to worry about the legal issues and that phone call will be used in your defense making for textbook self defense case......


he also mentioned that every family should practice home defense tactics, have a "safe room" with a cell phone and charger because even if it's not in service because it will still call 9111 and he aslo said the the use of code words are a good idea to practice.


I donno how much of that would actually work in a real life situation........

 

[DaemonAssassin]

I was told by a trooper that you always want to try and "evade" and create any type of barricade even if it means locking yourself in a room as your first option then call 911 and let them know what's going on and to make sure you describe yourself so the approaching officers know you are not the bad guy and to stay on the phone. If the intruder opens the door to the room that you're in you can open fire without having to worry about the legal issues and that phone call will be used in your defense making for textbook self defense case......


he also mentioned that every family should practice home defense tactics, have a "safe room" with a cell phone and charger because even if it's not in service because it will still call 9111 and he aslo said the the use of code words are a good idea to practice.


I donno how much of that would actually work in a real life situation........

Sounds to me like the trooper was telling you not to defend yourself unless the cops can't get there in a reasonable amount of time, to possibly see the perp that killed you.

In MD, as long as you are in your own home, feel in fear for your life, or the life of the people in the residence, you are legally allowed to open fire. Look up Castle Doctrine. The answers you seek are in there.

It is advisable to call 911 and have it on speakerphone so there is a 911 recording that can be used as evidence if you have to defend yourself in court, for any reason.

These things have been argued to the ends of the internet and back. Next time use the search feature and quit trying to stir stuff up.

 

[FFMike]

We have a safe word, a safe room etc... But the issue here is if I am downstairs or in the family room and someone kicks the front door in, there is no way we could all run to a safe room.

So option 2 arises, I draw and shoot to protect myself and my family.

I like the odds of judgement, not the odds of carried by six. My family is my pride and joy and if, for some reason a jury were to find me guilty then so be it. I did my job as a husband and father!

 

[plinkerton]

I get so many solicitors knocking on my door that it really does piss me off. Thing is, I leave the 105 pound dog right there behind me as I crack the door to talk to them.

I have an Australian Cattle Dog who doesn't like strangers at the door. Has a really nasty growl that tends to keep those front door conversations real short.

 

[TexasBob]

All I can remember was all my windows and doors were locked and the lights were out. After my wife gun was empty and my gun was empty we turned the lights on and asked that body why it was messing up my clean floors. The police got the same answer when they asked the body the same question.

 

[amoebicmagician]

Well, MD does have the Castle Doctrine for inside your house.

Just make sure they're facing toward you when you act.

This is a critical point.

When the police show up you need to remember this:

YOU WERE IN FEAR FOR YOUR LIFE AND/OR SAFETY when you pulled the trigger.

Doesn't matter if it's true or not in fact, all that matters is that at that moment YOU BELIEVED you were about to be hurt or killed, or someone you love was if you did not take action.

ALWAYS shoot until the threat is done, do not shoot to wound.

If you shoot to wound, you OBVIOUSLY didn't feel like you were in that much danger, and in that case you had no right to use deadly force, or so the prosecutor would say.

So long as you play your cards right it is extremely unlikely it would be prosecuted, so long as you don't talk the handcuffs on to yourself.

remember, the burden of proof is on the state to make a case against you. DO NOT OFFER ANY DETAILS UNTIL YOU HAVE SPOKEN TO AN ATTORNEY.

Tell the police, this exactly
"I want to be as helpful as I can, but I'm very shaken up right now, I have done nothing wrong, but will not give any statement until I have spoken to my attorney"

You will desperately WANT to explain, and police are trained to use this against you, your adrenaline will be at max and this is where you can get into a lot of trouble.

That being said, even if you did blab everything to the cops so long as you remember that you need to be in fear of your life or that of your family before you can use deadly force, you're fine. Just keep that tidbit in mind. However, you DO NOT have a duty to retreat from your home in MD.

Basically, as long as it's inside your home and you don't do something stupid like shoot him in the back or say something crazy, you should be fine.

IANAL, but I play one on TV, and have spoken to several attorney and police friends on this issue in depth specifically pertaining to MD firearm defense law

 

[amoebicmagician]

I don't give a shit about legal ramifications. Someone comes in my house forcefully I will shoot them till their a-holes fall off.

Then my attorney can speak to the police.

Sometimes you can be a gruff SOB, but damn it when you're right you're right

You're a hard man not to like

 

[Blaster229]

I'm going against this advice. I'm calling 911, telling them I was in fear for my life and shot an intruder, send EMS and police and hanging up. I will be tried and every thing I say can and will be spun against me. I feel the less I say and the more my lawyer says the better I'm going to fare.

This.

 

[6-Pack]

This is sad. We're not safe in our own homes and seems like home invasions are becoming more and more common.


what does the law say about self defense in md if someone came into my house and attempted to do harm to my family and me? Are there certain things that I MUST do before I can legally use deadly force? I read all over the Internet that I can not used force but can someone give me a legitimate answr? I'm starting to think having a firearm in my possession every move I make, inside and outside of my house is the only option..

Some, a little, shouldn't start there and why not?

Maryland recognizes the Castle Doctrine by common law (court cases). Also, the Castle Doctrine doesn't necessarily mean the aggressor/intruder has to be facing toward you.

Don't trust the internet for legal advice - ever. If you are that worried, you should talk to an attorney. Of course, you could not talk to an attorney, wait until the situation presents itself and talk to your attorney then.

IAAL

 

[Immersion]

Sorry if this is derailing the thread but here's a question I have regarding this situation: suppose you actually kill someone in a home invasion and it was deemed justifiable as self defense, is the gun used in the situation confiscated? If so, do you get it back?

 

[Walton Feep]

I appreciate the discussion but I wonder... isn't talking about what you would or wouldn't do in a public forum where the record will likely exist for years something that might be used against you should you ever have to actually act in self defense?

 

[Afrikeber]

Sorry if this is derailing the thread but here's a question I have regarding this situation: suppose you actually kill someone in a home invasion and it was deemed justifiable as self defense, is the gun used in the situation confiscated? If so, do you get it back?

It becomes evidence and is kept until disposition of the case. Many times the firearm never gets returned without some legal wrangling even if firearm owner is found not guilty of any crime.

 

[Immersion]

That's what I figured. Thanks.

 

[Armadillofz1]

I think the very name of the crime, home invasion, says it all.

Undocumented resident please!

 

[traveller]

Sorry if this is derailing the thread but here's a question I have regarding this situation: suppose you actually kill someone in a home invasion and it was deemed justifiable as self defense, is the gun used in the situation confiscated? If so, do you get it back?

If you shoot someone, your lawyers bills will be 50k and up, $500 to replace the used Glock sitting in the evidence warehouse is small potatoes.