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Man defends home and gets arrested....sigh

1174 Views 17 Replies 16 Participants Last post by  rustystick
After several masked men started fire bombing man's home in the middle of the night, man loads his gun, goes outside, fires weapon and scares off attackers. Police, of course, arrest homeowner.

http://news.nationalpost.com/2011/01/20/man-faces-jail-after-protecting-home-from-masked-attackers/

Video below - foul language warning.

1 - 18 of 18 Posts
Man Canada is messed up. That is arson, he should not have been arrested. He should have called the police, but who know how long it would have took them to get there. Those guys where trying to kill him with fire and he should have the right to defend himself.

Even in NY you may use deadly physical force if you reasonably believe such to be necessary to prevent or terminate the commission or attempted commission of arson.
what your supposed to stay inside and burn alive while you wait for police ?  ::)
TheProfessional said:
what your supposed to stay inside and burn alive while you wait for police ? ::)
The New York way.
Throwing a Molotov cocktail at someones home when they are inside is not arson. Its attempted murder.
I think the homeowner showed considerable restraint. He had a revolver and shot 3 warning shots.
Maybe, I would have fired one. Probably not.
This man should be the poster child for the Castle Doctrine
I started a thread on Castle Doctrine not to long ago.

http://longislandfirearms.com/forum/m-1295288124.98094/s-new/#num13

reality being, try to do harm to me and my family IN MY HOME, I will be on trial.
His mistake was that he ran out of his with the gun. He should have shot both of them from inside his house, then he has a credible defense. He was under no obligation to run out of the house into the line of fire, where he could have conceivably been firebombed as well.
G
I think the biggest mistake is firing a "warning shot". The bullet has to go someplace, and you can be charged with reckless endangerment. Even though it is a "warning shot", it is STILL the use of deadly force.

Looking at the video, these guys set the porch on fire and were still hanging around trying to kill him by arson.
He should have nailed both of them, and his defense is that it was necessary to shoot them to get them to stop trying to kill him by fire.
I posted this on FB because I recently had a discussion with some friends from up North regarding US gun laws. Waiting to hear their opinions... and guessing that at least one idiot will say " Well, why did he kill the chicken?"

;D
Thats not arson thats attempted murder how much more restrain can a man show after your house is fire bombed you fire 3 warning shots come on. The police would be  investigating three murders if that was my house. This guy is one of us a  hunter fire arms trained gun collector what a miscarriage of justice. Canada is a joke.
Its ashame when criminals have more rights then law abiding citizens do.
cfl18 said:
Its ashame when criminals have more rights then law abiding citizens do.
Threat to my life by arson = shotgun and slug reply.
I would not take pleasure in taking a life, but the action of the felon would come to a quick stop.
(and yes I would use the concealment of my home for protection to stop the felons and NEVER use a warning shot).
BOOOOOOOOOOOOOOOOOOOOOOOOOO!!!
G
What I am saying is if he ran out and shot them while they were in the act, I can't see how he could be arrested.

But firing warning shots or any shots when they are fleeing and no longer a threat could be a problem.
ALWAYS BE AWARE OF YOUR BACKSTOP....In this case it would be the PERPS......
This is canada.  Michael moore's nirvana.  Quit reading after the dateline.  
If your going to go to jail, go because you shot someone committing a crime! This guy was well within his rights to shoot.  His property including his dog was in danger.
cfl18 said:
Its ashame when criminals have more rights then law abiding citizens do.
Very sad, but true
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