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#1
He's not really like a friend. More of an acquaintance. But here's the story:

His parents left for vacation and he's home alone at night playing video games in his room which is on the third floor. Somewhere around 2-3 AM he hears a noise on the first floor and decides to go check what's up. So he goes down and spots some dude putting stuff into a plastic garbage bag. My friend decides not to use his father's gun because he doesn't have a weapon permit so he creeps outside the window and grabs an axe from the tool shed. He walks inside the house through the open front door. He tells the robber to put the bag down and take a seat while he calls the cops. Instead of doing the right thing the robber throws the bag at him and tries to pull something out of his pocket. So my friend accidentally killed the robber. The police arrived at the scene and found out that the robber had a concealed rubber bullet pistol. Now my friend's getting premeditated murder, but he has a good lawyer so he might come off clean.

Opinions? Discuss?
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#2
How did he kill him?
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#3
Quote by Momentosis
How did he kill him?


with an axe DUH.

But seriously it helps that he hit him only once.
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#4
holy shit D:

i think it was totally self defence, but he shouldve just told him to get out instead of "taking a seat"... in any case, this probably has him shaken up a lot, no?

and he actually killed him with an axe? what video game was he playing?
#5
What the **** is a weapon's permit?

Sounds like he SHOULD get off, but the way the courts are ****ed up these days, who knows. All he can do is get a good lawyer right now.
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#8
Dude, that's totally self-defense. No one's going to wait to take a look at the weapon being drawn on him before he takes action to save his own life. Anyone who'd give your friend a murder charge for that deserves to serve the sentence with him.
#9
I thought that you could "kill" someone that was on your property. At least without getting a murder charge.
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#10
Quote by Gyroscope
How the hell is that premeditated?


premeditated because he went outside, chose a weapon and killed the man. That's how I got the idea
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#11
Quote by Gyroscope
How the hell is that premeditated?

So many holes in this story... and doesn't TS live in the US? Where you can pretty much do anything with intruders because human lives aren't as valuable as your stuff.
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#12
How and where did he hit him? That's all that matters.

EDIT: Aside from where TS lives.
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#13
Should be self defence. The criminal was in his house, and started to pull out, what was thought to be a weapon, and so he acted to save his own life. Simple self defence. I mean, hell, the cops shoot guys everyday over guys for reaching into their pockets because the cops think they have a gun.
#14
Quote by Grimriffer
He tells the robber to put the bag down and take a seat while he calls the cops. Instead of doing the right thing

Well, in the robber's defense, it'd be pretty stupid of him to sit down and wait for the cops.

Although I guess not listening to a guy with an axe wasn't a particularly smart idea.

Anyway, yr friend's a bad ass & should get off free.
#16
Quote by carlos_almighty
I thought that you could "kill" someone that was on your property. At least without getting a murder charge.


It depends on which state you live in.
#17
Why would he strike the guy somewhere he could kill him? go for a leg or something. He should at least get manslaughter. Self defense probably won't go over well considering its an axe. I want to say that that falls under the same area as swords, which is that no matter what the use, even self defense, its illegal.
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#18
Quote by Kensai
So many holes in this story... and doesn't TS live in the US? Where you can pretty much do anything with intruders because human lives aren't as valuable as your stuff.


We live in Russia.

I wrote all I know and all I know I was told by my friend's dad who wasn't at the crime scene but spoke to the cops. Cops say everything my friend's saying is true and the man he killed had other charges before.
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Last edited by Grimriffer at Jun 22, 2011,
#19
Quote by Gyroscope
How the hell is that premeditated?

He grabbed the axe and went to confront the guy.

He should get off with self defence though.
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#22
I wonder if he got a direct hit with that tomahawk or if it was a bankshot.
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#26
Quote by manic
Why would he strike the guy somewhere he could kill him?


Would you really injure a person if you thought they had the power to kill you? if he slashed the guys leg he would still pull the gun unless you jumped on him and took it, but if he's already going for it... i'd lop the guys head off if he went to pull anything out of his clothing. The crime scene will speak for it self. Guy probably in all black, a bag filled with valuables, a bloody axe, dead guy with a fake gun it's pretty obvious. TS your friend/acquaintance will be fine, if not there is more to it than you know.
#27
If how you described it to me is true, the prosecutor is going to have a hard time getting a jury to convict. It is one thing to charge somebody with something (the saying is that a prosecutor could indict a ham sandwich), quite another in getting a jury to buy it in a society that is fed up with criminality.

But for future reference, the self defense of your home is limited to YOUR OWN HOME. Moreover, if a burglar has made it outside your home while you are chasing him you may not shoot him as long as he is running away and is no immediate threat to you. There is a good reason for this: to prevent cowboys with suspect aim from spraying bullets around the neighborhood and maybe killing some innocent person.

How this guy should have handled this is to call the cops and leave it at that. The reason is if a cop sees some guy with an axe, even if he isn't the perp, the guy with the axe is most likely to get shot. Take all the notes you can. If the burglar is using a car, sneak out to where his car is and take the plate number or use binoculars to do so. Video the perp leaving the property with the loot if you can, too.
#28
I feel bad for your friend, and not just for the whole jail thing. I wonder how he's reacting to having terminated a human life....
#29
@maowcat, I'm pretty sure a deep wound to the leg/amputation would be enough for anyone besides trained assassins to drop a gun. besides, be the way the TS described it, it didn't sound like he even had the gun out yet, so my point is still very valid
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#30
Quote by Grimriffer
My friend decides not to use his father's gun because he doesn't have a weapon permit so he creeps outside the window and grabs an axe from the tool shed.

wat?
#32
Manslaughter probably.

Come to think of it, the word manslaughter sounds a lot worse than it actually is. Sounds like a killing spree with blunt weapons.
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#33
Quote by Kensai
So many holes in this story... and doesn't TS live in the US? Where you can pretty much do anything with intruders because human lives aren't as valuable as your stuff.

Love it when people who dont live here think they know everything.
Actually, unless you can prove that they were GOING TO KILL you, you cant get off for killing a burglar. People get put in jail all the time here because they shot a burglar that was pointing a gun at them. Do a little research before you talk shit brah.

On that note, in the US, this kid would probably get put away for a long time for premeditated murder.
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Last edited by racman92 at Jun 22, 2011,
#34
Damn, that's medieval.
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#35
Hitting someone with an axe is really ****ed up in itself. i think your friend is going to have enough torment living with that image in his head, let alone might having to go to prison. I hope he doesnt get convicted.
#36
I gotta say, he did go back into the house with an axe. If someone walks up to you with an axe and looks pissed off, are you gonna run, or "take a seat?" I think he would have been better off to let him steal some shit. It would have probably been less costly than the lawyer fees, not to mention the time he'll spend in jail.
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#37
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No?

I lol'd
Quote by racman92
Love it when people who dont live here think they know everything.
Actually, unless you can prove that they were GOING TO KILL you, you cant get off for killing a burglar. People get put in jail all the time here because they shot a burglar that was pointing a gun at them. Do a little research before you talk shit brah.

On that note, in the US, this kid would probably get put away for a long time for premeditated murder.

http://en.wikipedia.org/wiki/Castle_doctrine
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#38
Also, the reason why TS friend is in trouble is that he clearly had the time and option to retreat, but didn't.
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#39
Texas is pretty lame conservative hardcore but one of the best things we have is the "Four Walls" law. Essentially if you live on a property and someone is harming you/endangering you, you have the right to do anything in your power to stop them including putting an end to their life!
#40
Quote by Kensai
Also, the reason why TS friend is in trouble is that he clearly had the time and option to retreat, but didn't.



He shouldn't have to retreat from his own home.
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