boosterp
06-19-2009, 09:53 PM
I must stress that this is a hypothetical question.
Back ground:
You are a property owner in a state that favors gun laws and property ownership. Your gate is closed, you have no trespassing signs posted before the gate, and the fence is mended. It is near dusk, there is enough light that you can see clearly but only have another hour before it gets dark. You happen to be busy doing something like collecting firewood when you hear something motorized nearing. You look up and rounding a curve on your dirt road is a 4 wheeler with the rider wearing a motocross helmet. You know your neighbors so you know it is not one of them even though the 4 wheeler is blue.
Situation:
You grab your rifle, knowing you are a good shot thanks to training and fire one shot towards the 4 wheeler while aiming at a tire. You notice you missed the tire but the 4 wheeler is still moving in your direction so you quickly take aim, fire another shot hitting a tire (you presume), and causing the wheels to suddenly turn throwing the rider. The rider gets up, yelling obscenities and walks in your direction still with helmet on. You fire one more shot knocking the person down and see the helmet bouncing across the ground.
You call the sheriff's office of this county and the first to show is a deputy who was just 10 minutes away. but prior you observed the person you shot get up and call on a cell phone, but not approach you anymore because you have a rifle pointing in their direction. This person gets off the cell and sits on the ground, you stay near your truck about 100 meters away.
The deputy first shows, somehow making it through the gate you know you closed and approaches the disabled 4 wheeler before getting out of his car. You are then summoned over by the deputy putting your gun on the hood of your truck. The sheriff shows up next, about 5 minutes after the deputy in which you are asked questions by him, then the 4 wheeler seems to be talking to the sheriff (you are separated by 10 or so feet).
After this the deputy stays near the 4 wheeler, writing something down and the sheriff comes back over explaining that he finds you in no fault and gives you a card. The 4 wheeler pushes the vehicle down your road, parks it near a bridge off your property, and gets into a passenger car.
A month later you are notified about a grand jury, visit a lawyer even though you have a limited income, then get the call that the grand jury finds you no fault and charges the 4 wheeler with mistormeanor trespass when it should of been a felony. All is fine until the lawyer you had hired calls you and states that there may be a civil case.
Civil:
The 4 wheeler claims a head injury, property damage, and that he can't work because of mental issues from the shooting. You find out though that this person lives down the road from your property, although your gate appeared locked (done on purpose) they still removed the chain and went through, and has been charged before with trespassing on private property.
A month or 2 after the grand jury:
Now, you know from previous cases and your lawyer that these cases rarely go to court because the other person is at fault so the case is dismissed through motions. But, because you are fixed income it still costs you money so you are pissed. 4 or so months later you find out this case is dismissed thanks to the judge approving a motion but you are out some dough.
Do you:
a) wish that you had killed this person and dealt with the civil case after that
b) wish you had not shot
c) be happy it was dismissed and you are not at fault plus the difficult limited info on Google to look up by potential employers since there was no case
d) cautious of repercussions from the 4 wheeler
e) find some way to counter sue although it may cost you money and time. Plus then a potential employer may find your case on a Goggle search
f) shut up you are drunk and this could back fire.
Edit: I should add that the 4 wheeler had a rifle on the front of it so you felt threatened. But, the driver never removed it from the rack.
Back ground:
You are a property owner in a state that favors gun laws and property ownership. Your gate is closed, you have no trespassing signs posted before the gate, and the fence is mended. It is near dusk, there is enough light that you can see clearly but only have another hour before it gets dark. You happen to be busy doing something like collecting firewood when you hear something motorized nearing. You look up and rounding a curve on your dirt road is a 4 wheeler with the rider wearing a motocross helmet. You know your neighbors so you know it is not one of them even though the 4 wheeler is blue.
Situation:
You grab your rifle, knowing you are a good shot thanks to training and fire one shot towards the 4 wheeler while aiming at a tire. You notice you missed the tire but the 4 wheeler is still moving in your direction so you quickly take aim, fire another shot hitting a tire (you presume), and causing the wheels to suddenly turn throwing the rider. The rider gets up, yelling obscenities and walks in your direction still with helmet on. You fire one more shot knocking the person down and see the helmet bouncing across the ground.
You call the sheriff's office of this county and the first to show is a deputy who was just 10 minutes away. but prior you observed the person you shot get up and call on a cell phone, but not approach you anymore because you have a rifle pointing in their direction. This person gets off the cell and sits on the ground, you stay near your truck about 100 meters away.
The deputy first shows, somehow making it through the gate you know you closed and approaches the disabled 4 wheeler before getting out of his car. You are then summoned over by the deputy putting your gun on the hood of your truck. The sheriff shows up next, about 5 minutes after the deputy in which you are asked questions by him, then the 4 wheeler seems to be talking to the sheriff (you are separated by 10 or so feet).
After this the deputy stays near the 4 wheeler, writing something down and the sheriff comes back over explaining that he finds you in no fault and gives you a card. The 4 wheeler pushes the vehicle down your road, parks it near a bridge off your property, and gets into a passenger car.
A month later you are notified about a grand jury, visit a lawyer even though you have a limited income, then get the call that the grand jury finds you no fault and charges the 4 wheeler with mistormeanor trespass when it should of been a felony. All is fine until the lawyer you had hired calls you and states that there may be a civil case.
Civil:
The 4 wheeler claims a head injury, property damage, and that he can't work because of mental issues from the shooting. You find out though that this person lives down the road from your property, although your gate appeared locked (done on purpose) they still removed the chain and went through, and has been charged before with trespassing on private property.
A month or 2 after the grand jury:
Now, you know from previous cases and your lawyer that these cases rarely go to court because the other person is at fault so the case is dismissed through motions. But, because you are fixed income it still costs you money so you are pissed. 4 or so months later you find out this case is dismissed thanks to the judge approving a motion but you are out some dough.
Do you:
a) wish that you had killed this person and dealt with the civil case after that
b) wish you had not shot
c) be happy it was dismissed and you are not at fault plus the difficult limited info on Google to look up by potential employers since there was no case
d) cautious of repercussions from the 4 wheeler
e) find some way to counter sue although it may cost you money and time. Plus then a potential employer may find your case on a Goggle search
f) shut up you are drunk and this could back fire.
Edit: I should add that the 4 wheeler had a rifle on the front of it so you felt threatened. But, the driver never removed it from the rack.