Off duty officer shoots/kills burglar in home

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    swinokur

    In a State of Bliss
    Patriot Picket
    Apr 15, 2009
    55,376
    Westminster USA
    Mutton Jeff
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    WeaponsCollector

    EXTREME GUN OWNER
    Mar 30, 2009
    12,120
    Southern MD
    That's great to see some justice for a change. Too bad the officer didn't use his own gun and had to take the invader's. I wouldn't recommend trying that!
     

    Blaster229

    God loves you, I don't.
    MDS Supporter
    Sep 14, 2010
    46,339
    Glen Burnie
    That's great to see some justice for a change. Too bad the officer didn't use his own gun and had to take the invader's. I wouldn't recommend trying that!
    So if some dude was on top of you and you were passing out and had the opportunity to turn his gun back on him during your wrestle to save your life, you wouldn't? Never be a team member on any team of mine.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,730
    Maryland Pattern Jury Instructions-Criminal (MPJI-Cr)

    MD MPJI-Cr 5:07 Self-defense

    You have heard evidence that the defendant acted in self-defense. Self-defense is a complete defense and you are required to find the defendant not guilty if all of the following four factors are present:

    (1) the defendant was not the aggressor [[or, although the defendant was the initial aggressor, [he] [she] did not raise the fight to the deadly force level]];
    (2) the defendant actually believed that [he] [she] was in immediate and imminent danger of bodily harm;
    (3) the defendant’s belief was reasonable; and
    (4) the defendant used no more force than was reasonably necessary to defend [himself] [herself] in light of the threatened or actual harm.


    Although we don't have a true Castle Doctrine, we also don't have a duty to retreat in the home. The above are jury instructions if a self-defense case actually went to trial. Maryland does have civil immunity for lawful self defense.
     

    3paul10

    Ultimate Member
    MDS Supporter
    Mar 6, 2012
    4,872
    Western Maryland
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