A Case of Self-Defense?

Discussion in 'Anything Else' started by ministerofdeath, Dec 19, 2005.

  1. ministerofdeath

    ministerofdeath New Member

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    Homeowner shoots, wounds would-be intruder

    Ty Young
    The Arizona Republic
    Dec. 16, 2005 03:30 PM

    A man who tried to break into a Chandler house near Dobson and Pecos roads Thursday was shot by the homeowner, police said.

    Sagio Maurice Henry, 35, of Chandler rang the doorbell around 1 p.m. Thursday, then went to the back door where homeowner Cary Dennis saw him. Dennis returned with a weapon and found Henry prying open a window, police said.

    After startling Henry, Dennis chased him outside and ordered him to stop. When Henry brandished a pickax handle, Dennis shot him once in the chest, according to authorities.

    Henry managed to flee and was later picked up by police at a Valley hospital. He was taken to Maricopa Medical Center, where he is receiving medical attention for non life-threatening injuries in the jail ward. Police would not name the hospital he had fled to.

    "I am kind of still shaken up," said Dennis, who works in the after-market auto parts business. He declined to elaborate further on the incident.

    Self-defense home invasion shootings are rare and are discouraged, said Chandler police Detective Frank Mendoza.

    "We don't recommend handling things this way," he said. "Given the situation, he had plenty of time to call 911 and leave the home."

    Once he recovers, Henry will be booked into Maricopa County jail and charged with one count of burglary.

    Police are not pursuing charges against Dennis, Mendoza said. He could not say what type of gun was used or what Henry was using to pry the window.
     
  2. Deluxe247

    Deluxe247 Supporting Member

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    That wouldn't fly here in CO. Once he retreated he was no longer an immediate threat to the home-owner. If he was still at the back door when he was shot then it is a whole different story.

    I don't think, at least in my book, that this is a self-defence shooting. The home-owner pursued the BG and confronted him while he (the BG) was trying to flee.

    -D
     

  3. Shooter

    Shooter Premium Member

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    Even in the wild west of Florida this one would be ify.......it might depend on what county you lived in down here.......outside the home and chasing the BG would be suspect, although if he brandished a picaxe or some other object to attack the homeowner, then the homeowner would probably be in the clear.....and with zero lot line homes he'd be off his property real quick :lol:
     
  4. madecov

    madecov Active Member

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    I think this one could be iffy anywhere.
    Of course in Texas we can shoot to defend life and property (at night)
     
  5. Subcanis

    Subcanis New Member

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    Did he grab this while running away? I think the article is leaving something out. Why would someone stop to grab something like that to flee with?

    I think that would fly up here in WY.
     
  6. Matches

    Matches New Member

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    Here in Az the DA tends to look for reasons NOT to prosecute in cases like this. The good guy tends to get the benefit of the doubt. I do agree that there seems to be missing info on this story. I did not see it on the news or in the papers.

    Matches
     
  7. ministerofdeath

    ministerofdeath New Member

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    Well, in Michigan you have a duty-to-retreat, but under the castle doctrine there is no duty to retreat when you are in your own home and you may use lethal force if you have a reasonable belief that your life is in danger or you are in danger of great bodily harm.

    This happened in AZ and I'm sure they have a similiar law based on the common law that Michigan and most states use. However, in Florida it would be interesting to see how such a scenario would play out with the new legislation that does away with any duty to retreat once confronted with a fear of death or great bodily harm.

    At any rate, ONE HELL OF RISK this guy took by turning into Mel Gibson from Lethal Weapon and running this guy down once he had already retreated.
     
  8. Shooter

    Shooter Premium Member

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    I was somewhat joking about the zero property lines, but in actuality, he could be off your property in 2 seconds, and that is another issue, youre chasing someone and you are both off your property, then he decides to come back to you.....but now youre on common ground.. Retreat now??
    Why did you chase him off property?? Not a good situation.......even down here........
     
  9. ScottW

    ScottW New Member

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    Based on the details provided, I don't see any way that would fly here, and WA is a stand-your-ground state meaning there is no duty to retreat. If you shoot a BG while in or breaking into your home, you're in the clear. But once he flees and you chase him, it's no longer defense; you have become the aggressor. This might fly in Texas. They've got a fairly open policy regarding justified homicide (I used to live in Houston). Based on my understanding, if that pickaxe handle was stolen property of yours, and if, as Madecov mentioned, this incident occurred during the night, you might not be prosecuted. In WA, you would almost certainly be in deep doodoo. The fact that the BG lived to testify against you is not working in your favor, either.
     
  10. Guest

    Guest Guest

    i know that in ca. the intruder must be in your home with a weapon, and about to inflict bodilly harm. in other words (leo) shoot intruder, if outside get him in, add weapon if intruder dosn't have one.
    i own alot of cheap knives.
     
  11. FlaChef

    FlaChef Guest

    That is a very quick trip to the big house.
    NEVER ALTER THE SCENE.
    It can do your case no good at all, and the chances of it not being noticed are miniscule.
     
  12. Guest

    Guest Guest

    well that's what they say, unofficially.
     
  13. SELFDEFENSE

    SELFDEFENSE Premium Member

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    These accounts always have lots of relevant details left out. The basic point is that the ax handle is a contact weapon, so the assailant would have to be in sufficient proximity (and possibly moving forward) to create an immediate, otherwise unavoidable, threat of death or serious bodily injury.
     
  14. LinzTexas

    LinzTexas Member

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    Re:

    I have heard that gun related rights are not as cut and dry down in Harris county (compared to the other counties). Is it true that the DA ain't happy with the Castle Doctrine?
     
  15. socofn

    socofn New Member

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    "We don't recommend handling things this way," he said. "Given the situation, he had plenty of time to call 911 and leave the home."
    First off he should not have left his house, but he did. According to LE in the above statement why would he "leave the home" call 911 (by the way what is the number). There are to many facts not in the record to make any kind of real stand except one needs to be very careful when they decide to pull a weapon and defend yourself. JP