2010

Comments (35) Recommend (3)OLYMPIA - A homeowner in the 900 block of McCormick Avenue has told Olympia police that he shot an intruder outside his home after he woke to the sound of breaking glass about 2 a.m. Wednesday, according to Olympia Police Lt. Jim Costa.

The alleged intruder was in surgery Wednesday at Providence St. Peter Hospital after being shot once in the torso, and he is thought to be in critical condition, Costa said.


The shooting is under investigation, he said. “We’re not charging anyone at this point,” he said.


According to Costa:


The homeowner has told police that he armed himself after hearing what he thought was a prowler. He went outside to investigate and saw that a security light outside on his porch was on. The homeowner said the light only goes on if something passes it.


The man said he then was startled by a person in his front yard. The home is encircled by a 5- or 6-foot wooden fence, and the alleged intruder was trying to leave by climbing over the fence. The homeowner said he felt threatened.


He said he fired a single shot from his handgun, and after that, the intruder was able to climb over the fence and flee. Olympia police were dispatched to the scene and discovered a man with a gunshot wound to the torso lying in a vacant field about 500 yards from the home.


The man was taken to Providence St. Peter Hospital.


Costa said police would like to interview the man who was shot to get his side of what happened, but he has not been in condition to be interviewed.


Jeremy Pawloski: 360-754-5465



Read more: http://www.theolympian.com/2010/04/22/1214675/man-tells-police-he-shot-intruder.html#ixzz0lqiCd8vh

"the alleged intruder was trying to leave by climbing over the fence."

Wasn't good to admit to that.

Seems very likely to get interesting. The breaking glass could be the factor that makes a viable self defense argument. Breaking glass isn't how a lost or wayward person knocks on the door seeking directions or other help. Breaking glass suggests an intent to illegally enter and hypothetically engage any resident inside.

How this is handled would vary widely by state IMO. In Texas, the south, or Rocky Mtn. states, it would probably be a clear and simple self defense ruling. In WA, CA, MA, CN, and other liberal states, maybe it's not so clear when perps have rights while breaking and entering.

Sg

Law of self defense is pretty clear. Might not always agree with it, but it is clear. Self defense is allowed to protect yourself or others. No threat, no right to protect. A guy climbing over a fence would not seem to present much of a threat.

Dead men tell no tales.. ... .
Or file suit. . . .

If he is not in the house you best not pull the trigger. Likely to get in big trouble for this one no matter how big of a POS the guy is.

I think it depends on where the bullet entered the perp. From the front easy to explain that you feared for you safety, "I thought we was holding a gun/knife/mechete/shovel etc...........

If he shot him in the ass at an upward angle a bit more difficult to explain how you feared for you life.

Could try the I thought he had a gun and was headed to my neighbors though???

Invite him in for a cup of coffee.

His ass is coming right for us!