A new and messy defensive shooting case

[dsk]

This article explains, based on what is known now, what happened. Basically, a burglary victim pursued a burgler. The burgler was shot with a rifle he had just stolen from his neighbor. Both face criminal charges and the burgler sued for his injuries. Complicating an already complicated story, the two men are neighbors and share the last name.

Burglar who was shot following break-in files lawsuit
February 09, 2010 3:51 PM
Greg Sowinski
Published Feb. 10, 2010
LIMA — A burglar who was shot by the man whose house he broke into has filed a lawsuit saying that man intentionally shot him.

Jack White, of 1201 Crayton Ave., filed the lawsuit this week in Allen County Common Pleas Court against Stephen White seeking more than $25,000 in damages. Jack White said Stephen White intentionally shot him causing injuries and a disability. He said he has more than $35,000 in medical bills and expects that amount to grow.

Stephen White, 57, was charged with felonious assault and having a gun under a court sanction in the shooting. He is scheduled to stand trial May 4 and faces up to 12 years in prison.

The two men are neighbors and not related.

The incident happened Feb. 10, 2009, when Stephen White arrived home to find Jack White and two others running through his yard. Jack White had just broken into the house and was running back to his house with a rifle and other items he stole, police said.

Stephen White chased Jack White who ran back to his own house. Stephen White confronted Jack White and during that confrontation the rifle went off with a round striking Jack White in the torso. Stephen White told police officers the rifle went off when the two were struggling over the weapon.

Jack White blamed the burglary on drugs. A judge sentenced him to two years in prison. Calling a man’s home his castle, Judge Jeffrey Reed of Allen County Common Pleas Court told Jack White during sentencing he had no right to be in another man’s home.

“You’re lucky you have a life,” Reed said.

Jack White, who turned 18 a few weeks before the incident, had a lengthy criminal record as a juvenile that included breaking-and-entering crimes, criminal trespassing, thefts and assaults.

[SarTec]

Well the thread title is a bit misleading. I don't see anything pointing to a "defensive shooting", according to the article the shooter didn't have posession or control and it appears to be a negligent discharge. There will have to be additional facts come out at the hearing, that will be interesting to follow.

[BigMar992]

According to the AG CCL manual....

A property owner may use reasonable,
but never deadly force, when he honestly believes that the force will
protect his property from harm

There is a TON of ambiguity in that statement, if you ask me. If someone steals something from someone else and starts running away....could they shoot them in the leg to prevent them from getting away with the property? If they get away, they could destroy it, sell it, etc. Does that not constitute "protecting property from harm"? Whether or not that last statement is true, I'm sure the prosecutor (if being sued) would argue that the "force" was not "reasonable".

Any test cases of similar scenarios?

Of course, if you shoot and kill the perp, you're in deep {inappropriate language}. I'm not condoning anything, just looking for answers.

/end rant
---------------------------

But back to the OP, I would like to think that I would have just called the police and kept safe in my house with a weapon on me.

Anyone else think the burglar might have learned his lesson now? lol...not me.

[willbird]

There are not many places to shoot a person where the wound is not potentially fatal.

Bill

[Starwatcher]

It is not a fact that using a gun constitutes "deadly force" whether hitting them in the chest, the leg, grazing them or just missing them all together? That would be my take on shooting them as they run off with my property. Now if they turn and it looks like they are pointing my property (gun) at me, that's a horse of a different color!!

[Scavok]

This is yet another example of White on White violence.

[alan93]

I haven't heard of many cases but would think shooting a burglar in the back would nullify the self-defence case, unless perhaps they are dropped within the walls of your "castle".

Also shooting one in the leg would seem (from the evil human nature standpoint) to create the possibility of that criminal getting healed and released sometime in the future and wanting to exact revenge.

[BobK]

Stephen White, 57, was charged with felonious assault and having a gun under a court sanction in the shooting.

I don't know all the circumstances, but I would have to guess that getting involved in a shooting when you aren't legally allowed to possess a gun is your first step down that slippery slope to jail.

[docachna]

Stephen White, 57, was charged with felonious assault and having a gun under a court sanction in the shooting.

I don't know all the circumstances, but I would have to guess that getting involved in a shooting when you aren't legally allowed to possess a gun is your first step down that slippery slope to jail.

[Disengage sarcasm]

[Tweed Ring]

"White Mischief"

[alan93]

Maybe this is the type who the "Fighting Whities" were named after?

[dan dan the XD40 man]

This is yet another example of White on White violence.

My goodness....

[Sevens]

This is yet another example of White on White violence.

Yep, clearly... you win this thread!