
By Michelle Hunter, The Times-Picayune
October 26, 2009, 2:20PM
Authorities say a 14-year-old was shot in the leg early Sunday morning as he tried to break into a Metairie pawn shop.
The boy, who is from Metairie, was taken to Interim LSU Public Hospital in New Orleans. He was later released and taken to Rivarde Juvenile Detention Center in Harvey and booked with attempted burglary, according to a Jefferson Parish Sheriff's Office arrest report.
The teen is not being identified by The Times-Picayune because he is a juvenile.
He is accused of trying to batter his way into Phoenix Pawn Shop, 200 Clearview Parkway, around 4 a.m. Sunday.
Owner Ben Leehans, 68, was at the business when he heard the teen's frenzied attempts to break in using iron bars and pipes.
"It sounded like somebody crashing into a door several times and glass breaking and knocking tools on the floor and stuff like that," Leehans said.
After several failed attempts to enter the pawn shop through windows, the teen moved to a door and tried to break in, according to the arrest report. Leehans, armed with a semi-automatic handgun, warned the would-be intruder to leave.
"He didn't listen. He continued on, and he almost got in," said Leehans, who fired his gun into the lower portion of the door.
The teenager was struck in his right leg, the arrest report said.
Leehans was not arrested or charged with a crime in connection with the shooting. He wondered Monday about the teen's parents and why the boy on the streets at that time of the morning.
"What the hell are they doing for a young kid to be out at four o'clock in the morning trying to break in some place?" he asked.
Leehans said he is still a bit shaken up by the whole incident.
"It's a traumatizing thing," he said, "when somebody's breaking in your door and you're standing on the other side and you don't know who it is and you yell at them and they don't go away. It's scary."
Serves him right!
Leehans was not arrested or charged with a crime in connection with the shooting.
The shop owner legitimately feared for his life.
The kid took one in the leg for his infinite stupidity. Maybe he'll realize he's lucky and learn.
On a side note, the round penetrated the door and was still able to do damage? I wonder what caliber it was since pawn shop doors are not generally press board. Anyone know? I'm no ballistics expert.
Depends on what kind of round it was. A FMJ (full metal jacket) 9 mm 114 gr will go through 2 inches of hardibacker concrete pressed wallboard and still go deep into a log.
he should of aimed a lil higher.... Its called preventative medicine !!!
I agree.
I'm just glad that the guy had some sense and shot the kid in the leg, unlike that pharmacist who decided to play Terminator.
A leg wound can be fatal.
From a tactical standpoint, shooting the kid in the leg is a mistake.
Either shoot him in the head or in the torso/abdomen. You cannot be sure the kid is alone and must assume the worst (he has help).
Seriously incapacitating the known intruder renders him incapable of putting up more of a threat.
It also puts other accomplices in the position of having to stage a rescue, continuing their attack(s) or retreating. If they try a rescue, then you know absolutely what position they will try to reach.
If they continue to attack, then you know the downed intruder will be of no material or tactical benefit to them.
Shooting the arms, legs, hands, feet, grazing or firing warning-shots are almost always a mistake.
Furthermore, the kid will likely forget the "seriousness" of the incident and use the scars to further his thug-rep. If he didn't get truly maimed, he'll learn nothing of the experience.
From a tactical standpoint, shooting the kid in the leg is a mistake.
True - as a CWP holder, you are trained to shoot center mass...easier to hit and more stopping power, though I understand that the man may have been aiming as such and through nervousness, hit the leg.
Agree with his inquiry as to what a kid was doing on the streets at 4am - wonderful display of parenting.
Another unfortunate incident ended well...AMEN!
codesculptor......please. Vietnam is over. I would be willing to bet that this kid has learned his lesson, and I am not so sure that you should be shooting kids in the head or the torso unless they shoot at you first....what if he'd have been killed, then the shop owner would have to live with that the rest of his life. knowing that he killed a stupid kid trying to break in his store. this is not the front lines of Iraq/Afghanistan. Jesus christ. Shoot him in the leg, so he can't do any damage or inflict injury, call the cops, and have him arrested. Seems like the shop owner did the best thing he could here.
this is not the front lines of Iraq/Afghanistan.
Spoken like someone who lives in a protected "gated" community.
Here is a news flash for you, there are MORE deaths in this country due to violence on the streets every year than the combined deaths of both of those wars.
gated community? not hardly.
You could argue having a dead suspect is always better than a wounded one for the simple reason that you've just eliminated the only other person (assuming they are alone) to counter your story to the police.
Plus... a dead guy can't sue you ;)
getreal - You are wrong. Read the story again. The "kid" (at 14 he's no longer a "kid") is from the area. He no doubt knew who the owner of the store was. He was verbally notified that the owner was in the store - yet he continued his attempts to break in.
That is evidence of a knothead who means to do harm, who cannot be simply deterred.
So if the kid gets in - he sees an old man - takes one of his pipes and charges the old man... (remember he's already proven he's a knothead!)
After he's killed or maimed the store owner, he then has access to all the guns and ammunition he can carry... pawn shops do a good business in guns.
Would YOU want this little dickhead running around with GUNS? I agree with CodeSculptor - center mass is best. And if your first round knocks him down, and he gets up and keeps coming, he either is wearing some kind of protection, or he's on crack - and you shift to the head shot... or die. Your choice.
He may have learned his lesson. He may not have. The fact that this happened in Metairie ( the perp lives in Metairie) and not Orleans Parish, actually gives more hope. If this had happened in Orleans Parish, I would say the hooligan is all but a lost cause.
I love New Orleans but the kids here are out of control.
Nofluer,
Way to "what if" the situation. Heres one for you, what if he was trying to steal some money to pay for his little sister who is dying of cancer, and he is an honor student who helps the elderly and is a genius who would one day go on to cure cancer. Are you against a cure for cancer?
"what if"
I don't care if you're the "dickhead" in Nofluer's comment or the honor role student in MTLGuy's. You attempt to break in the door of my business "with irons and pipes" regardless the intent, you are committing a crime, and if I feel my life is in jeopardy (which, based on the content of the story, even I would at 38), you will get shot.
And if you get up again and continue towards me in an aggressive manner, I will put you back down.
Period.
MTL - If we buy all the BS in your "what if" then your kid will never find a cure for cancer 'cause he's too f*cking DUMB - his sister can get FREE medical care. So the facts you outline deny that he's ANY kind of "genius" except in the sarcastic sense.
You can play what if as long as you want - or at least until the kid bashes your head in and then shoots and kills you, his first victim in a long life of killing with the guns he steals from the pawn shop.
If you want to see just HOW dumb your post is, there's a TV show on called "Bait Car". It's where the cops have a fancy ride tricked out with electronics that allow them to shut down the engine and lock the doors so that after the car thieves get stopped, they can't run. My favorite part is the stories the thieves make up... "OH, I was just moving it around the corner. There are a lot of cars that get hit by hit-and-run drivers here." Or, "Well, the owner left the keys in it and I was going to move it to teach him a lesson." One of my favorites, and a repeater, "It's my uncle's car! He SAID I could drive it!"
These kids have a million stories - the cops have heard them all, and they're all BS - just like your what-if! But thanks for the grin!
;-D
Nofluer,
My point was that you and I know the exact same facts about the individual. If you want to jump to the conclusion he is a mass murderer, I can take the same liberties as you and surmise he is a good kid who made a mistake. I can use my summation to justify him having a second chance, which is something most people deserve, your summation simply justifies shooting a 14 year old in the head.
No matter why he 'needed the money', he is breaking into a store with a weapon while the owner is there pointing a gun at him and telling him to leave. Yet he still continues to try to get inside. That definitely does not sound like an honor roll student just making a bad choice. Sounds more like pond scum on the shallow end of the gene pool.
well yee haw... In juvie there will be a whole team of braindead geniuses telling him it was not his fault, maybe even a ambulance chaser trying to add to the till. then in court when he tries to sue the store owner ,a bunch of hand picked racists will find him guilty of a lesser crime he pled too, then the store owner will have to write a check !!! MArk it down children and tell me Im wrong !!!
You forgot the First Rate Educational system that exists in Juvie - the other hard cases who'll teach him what he did wrong so that when he gets out, he can do it again - only better this time.
He can steal a car, ram the door and make a BIG hole to go in, and shotgun the owner while he's yelling for the perp to leave or he'll shoot. Then he can score his guns or whatever he wants and rabbit.
What if, what if? Here's one, what if worms had guns? Then birds wouldn't screw with them...
What ifs are irrelevant. This kid is lucky he survived. I bet if we ask the guy why he didn't aim for the chest he will say "I was aiming for the chest"...or something like I was just trying to scare the kid...fortunately the guy is safe and the kid will live to see another day. Hopefully the kid learns his lesson because if he does not either somone else will get robbed and hurt or this kid will get himself shot again...and next time he could run into someone who will "breathe, relax, aim and squeeze"....
This kid should be the poster child for encouraging people to own guns.
codesculptor......please. Vietnam is over
And exactly what do YOU know about VietNam?
I would be willing to bet that this kid has learned his lesson
Maybe.......................maybe not, this wound could be a badge of honor to this kid.
this is not the front lines of Iraq/Afghanistan
you're right, it's the Streets of New Orleans, Okay Metarie, which is directly across the lake, but regardless, it's the streets of the United States where business owners are FED UP with this kind of @!$%#.
What IF the kid had help? What if they were armed. It's the wee hours of the morning here, do you think this little wannabe gangster was out walking his dog?
It really does sound like you've lived a very protected and sheltered life.
SHOOT - - - TO - - - KILL
Semper Fi
Dylan - USCDF
it's the Streets of New Orleans, Okay Metarie, which is directly across the lake
There's no lake seperating New Orleans and Metairie.
There's no lake seperating New Orleans and Metairie.
Coorrect, my bad, I was thinking of Mandeville, not Metarie. I stand corrected, sorry about that.
Unfortunately this young man will most likely be back on the street doing the same thing when he gets out in 6 months. Next time shoot at chest level. The tax payers won't have to pay for his medical treatment and time served.
I wonder why he didn't aim for the center of mass. Probably inadequate firearms training.
He shot through the door too which is a risky maneuver. One of the first rules of discharging a firearm is "Know what is behind what you are shooting" A passer-byer could have easily have been hit by a ricochet through the door... Good thing it was 4am and probably not many people around.
You are right Mark about this kid... sadly he will be back on the streets in a short amount of time with only a learned-sense of what not to do to get caught/shot next-time (cuz this kid probably WILL attempt a "next-time") sad...
Because hes probably a descent, hard working citizen just trying to scratch out a living just trying to protect his livelyhood. Has no intentions of killing no one, ever !!
Has no intentions of killing no one, ever!
Then why own a firearm? Brandishing a gun to threaten someone is an excellent way to get killed.
Shoot higher next time... You could have saved many taxpayer dollars by eliminating the problem.
He didn't shoot higher because I don't think he was trying to kill him; probably either scare him or maim him. Maybe this will be a lesson learned for the kid - next time it could be fatal. He was given a chance - hopefully he'll use it and take a different road.
I agree. He may have been trying to scare him away.
But I hardly feel sorry for the juvenile deliquent. More importantly, where the heck are his parents??!!!
He was given a chance - hopefully he'll use it and take a different road.
He was given a "chance" when the shop owner warned him. He did NOT take that "chance" so it is doubtful that he will take the next one he is given.
I think the kid will come back only better equipped next time.
He was given a "chance" when the shop owner warned him. He did NOT take that "chance" so it is doubtful that he will take the next one he is given.
Well, a verbal warning versus a bullet warning is two different things. One can only hope for his sake he finds something positive and views this as an awakening. If not; then.. oh well... He took the chance given him and blew it.
Where's his parents? Good question. What child is in the streets at 4am? Sheesh.
The government is raising his him !!
I think the kid will come back only better equipped next time.
Or his homeboys will looking for revenge.
"Or his homeboys will looking for revenge."
How about instead of picturing a post pubescent 6 foot black kid, you imagine a pre pubescent 14 year old white kid, baby faced and pimply. Are you still so eager to shoot for the head? would you still be so certain he will become a career criminal?
would you still be so certain he will become a career criminal?
If he's out at 4 am trying to break into a pawn shop, then YES!!!!
Well breaking in at noon is probably not the best plan. And has nobody here ever snuck out of the house when they were a teen?
Are you still so eager to shoot for the head?
No - I would still go for the center of mass - head shots are tricky.
You shoot to kill – you fire until the person is down and not moving. Ever wonder why you here of a police shooting where the police have fired 30 to 50 rounds. Training says shoot until the threat is neutralized and then reload if possible.
Movies show the one shot stop – a .38 blasting someone back through the wall with on shot. Doesn’t happen like that in real life. Pistol wounds are typically 85% survivable so just because you hit your target doesn’t mean they drop or stop the fight. A perp on drugs can fight for 14 seconds after being hit in the heart.
The same people that ended up face down in Lake Pontchartrain after Katrina are typical of the ‘shoot them in the leg’ crowd on this post. Not prepared for reality and wouldn’t know what to do if the cell service went out let alone if they had to defend themselves.
I couldn’t face myself every day if one of my family members was killed or injured by an intruder, however I could live with myself knowing that permanently stopped a threat to my family.
He's lucky it wasn't the middle leg. Now that would leave a lasting impression!
What is wrong with thses kids! Hopefully, he wont do anything even remotely criminal after this. Dummy!
Hopefully, he wont do anything even remotely criminal after this.
Don't hold your breath.
After all this kid isn't the brightest crayon in the box.
You hear, "Quit trying to break in to my shop or I'll shoot"..................
What would someone with ANY sense at all do?
To me it seems the shop owner has a lot more compassion and respect for others than this 14 yo deliquent breaking into someone's business at 4 am
The shop owner obviously didn't want to kill whoever was on the other side of the door.
I don't know how much of a future a kid has who breaks into pawnshops at 4 am, but I wish him the best with the second chance he has been given.
He should have blown that punks head off. Screw the leg.
Just a guess, but I imagine it would have been a little difficult to see through a door well enough to aim for the head.
true enough, blaq. :)
A nice 12 ga. to the head would work wonders.
Good for the Old Guy! He did a few things wrong though...
Double Tap center mass... that is the minimum in my opinion! If one chooses to be armed they must realize that the retention of that weapon is paramount... if one can not engage an advisary with deadly force, then a firearm is not going to benifet their security much (it will be a detriment actually, for the fraidy-cat weapons owner and the folks in the area).
As someone mentioned above, a dead perp. can not sue you, that is another good reason to end things permanently!
Aloha Y'all
I wonder if his parents will attempt to sue this store owner for "excessive force", "PTSD", "physical and mental suffering", and whatever charge that they can find with the assistance of some hack ambulance chasing lawyer looking to make a few bucks. The 14 year old will say that his lack of "parental compassion, gudiance, and not receiving a hug when he was a kid, " is just some of the reasons that he commits crime. It's not because he is a wanna be thug, but because of the "social-economic barriers that have been put in place by society" that prevents this young man from doing what is right instead of what is bad...etc etc.
Regardless of age or stupidity, if you break into someone's house, business, car, etc, then you need to accept that there might be a 50/50 chance of you being carried out on a medical gurney with the sheet pulled over whats left of your head and face.
I have no reason to believe the shooter story. He should be changed shooting kid at least as a formality. Attempt break-in versus a gun shot wound -- the consequences doesn't fit the crime. Exactly at what point did he call the police? Was the teen still outside the store? Sounds like the old dude shot the teen out of revenge. Oh well it's the South at least he didn't end up as Strange Fruit.
At what point should he wait until the cops show up? Should he just yell outside to hang on a few more minutes before the cops make it to the store? Maybe he could wait until the kid was already inside fighting with the old man and then say "time out"?
I am sure somewhere the use of the phrase, "racism" will be put out there in the public eye.
Kids version:
I was just walking down the street to drop off medicine for my sick mother. I was minding my business when I passed a pawn shop and noticed that the door was left ajar. I only attempted to secure the door and all of the sudden I was shot by some evil old man who shouted at me. I am innocent I tell you, these tools I was actually carrying back to a friend who works in the plumbing industry.
I repeat. At what point was OLD MAN'S LIFE THREATEN? The OLD MAN used deadly force against someone he alleges he attempted to break into his store. NOT that teen broke into his store and threaten his life. You have every right to your opinion but your opinion is the law.
Here's a little context that may help you put this into perspective of how some 14 year boys are treated in that part of the USA.
Emmett Louis "Bobo" Till (July 25, 1941 – August 28, 1955) was an African American boy from Chicago, Illinois, who was murdered[1] at the age of 14 in Money, Mississippi, a small town in the state's Delta region, after reportedly whistling at a white woman. The murder of Emmett Till was noted as one of the leading events that motivated the American Civil Rights Movement.[1] The main suspects were acquitted, but later admitted to the murder.
Emmett Till. (2009, October 26). In Wikipedia, The Free Encyclopedia. Retrieved 21:55, October 27, 2009, from http://en.wikipedia.org/w/index.php?title=Emmett_Till&oldid=322176094
I guess that old man life was threaten as much as that white woman's was in the modern South.
Did the article say the kid was Black?
Did I?
What difference does kid's or shooter's race make? If an American shoots another American the police is obligated to investigate and NOT TAKE A SIDES. No American has the right to use deadly force against another American without legal review.
Comment 12
You MUST be kidding?! The old man gave him more benefit of the doubt than I would have. He hollered at the kid to stop, and the kid didn't stop. What was he supposed to do...wait for the kid to get in and bash him over the head with a pipe?
Yeah, it's the South. Yeah, it's Metarie....a high crime area.
Come on in and sit a spell while I go gather up all the stuff you were going to steal.
Yeah, you did. You are the one posting about Strange Fruit and Emmet Till and the racist hateful South.
I have no reason to believe the shooter story.
I have no reason to disbelieve the shooter's story.
He should be changed shooting kid at least as a formality.
No he shouldn't. If it's just a formality then really, what is the point?
Attempt break-in versus a gun shot wound -- the consequences doesn't fit the crime.
The consequences most certainly fit the crime. If you are breaking into someone's home then it's reasonable for you to expect the owner to attempt to protect their property and their life. That's one of the on-the-job hazards of a criminal.
Sounds like the old dude shot the teen out of revenge.
Sounds like he shot out of self defense arising from a reasonable fear for his safety. And in an attempt to protect his property. All of which are legal justifications for his actions.
Oh well it's the South at least he didn't end up as Strange Fruit.
Even in the south you are allowed to protect your property. He should have been at home in the bed.
It's dark and you are alone in your store when you hear someone breaking in.
You call out but they keep breaking in. Adrenaline is pumping and you are very alarmed and scared.
In this situation, a weapon would be the only thing you would have on your side, and you better use it before he gets the door open.
Because he won't stand there and talk to you. He will bash your head in.
Tricky,
Strange Fruit was written in 1939 by a Jewish man living in New York about lynching in the South. Black weren't the only sufferers vigilantly terrorism. Emmit Till was 14 this teen was 14 too.
The point I'm illustrating is about vigilantism and the civil rights of 14 year olds in the South. Given the historical context of the region it behooves the police to fully investigate the use of deadly force.
How you can read so much innuendo into my prose that you're so willing to interrogate and accuse me of wrong when I've shot no one? Yet you can easily absolve the shooter of wrong doing when he's shot someone. Is it because you agree with shooter -- like the jury that acquitted the murderers of Emmit Till?
I have no reason to believe the shooter story. Not because I don't like him. It's because he's more wrong than the teen was. A 68 year old man should know better. The pawn shop owner got the law tipped in his favor and I'm wondering why. If you or I had done that we'd mostly had been arrested. I know that for a fact. If I can't get away with it why should he?
I am currently assigned to a military post in "the South". Last time I checked the date on my watch said it was 2009 not 1955 Jim Crow Laws and so forth. I think we could review plenty of stats from locations like California or "the West Coast" on the number of teenager who are gang bangers and commit crimes? I am sure we could find dozens of reports about under-age but heavily armed teenaged males running around blowing holes into people.
In other words we should just allow criminals to enter our home or business, steal our property, threaten our lives, and we should shout at them to "get out of here before I call the cops..."
The kid is lucky he is not dead. The parents either need to get control of this kid or get ready to bury him if he hasnt learned his lesson.
I guess that old man life was threaten as much as that white woman's was in the modern South.
I don't what's sadder: that you've characterized Emmitt Till alongside this little hoodlum, or that you don't know better than to characterize Emmitt Till alongside this little hoodlum.
Will you people shut up and check your facts instead of talking out of your the side of your necks? I'm going to cross post this text here because apparently none of people know how the Newsvine or at the very least how the Internet works. If you're not willing to do the work to back up your positions just be quiet. Repeating the same crap over and over is downright silly.
There are certainly many important moral and pragmatic arguments about [1]the propriety of citizens' use of deadly force to defend property or to restore order, especially when the normal go-through-the-proper-channels means of protecting property or deterring crime are absent. [2]Texas law, for instance gives citizens a fairly broad right to use deadly force to defend both their property and, in many instances, others' property, even under normal conditions.Based on my quick glance at the statutes, though, I doubt that even the Texas defense would extend simply to shooting looters, chiefly because it requires an attempt to protect or recover (recover for the benefit of the owner, I assume) specific property. The shooting of looters of others' property isn't really aimed at or likely to recover that property for the owner's benefit. Even if the looter can't get away with the TV set, it's unlikely that the owner of the TV set will get it back that way; and shooting for the purpose of generally deterring others' misconduct (as opposed to, for instance, shooting for the purpose of specifically deterring people who are right near the target from looting that particular place) probably isn't covered under Texas law. Moreover, there is still a moral question as to the propriety of such shooting, and the practical matters that [3]Orin raises (and I lean towards sharing Orin's concerns).
But in any event, that's Texas law, not Louisiana law; and it might be worth remembering that, under Louisiana law -- which generally (with some exceptions not applicable here) doesn't allow the use of deadly force to defend property -- the shooting of looters by private citizens is a crime: the crime of murder. Some might argue that it shouldn't be a crime, either because the Texas rule (or an even broader version of it) is generally right, or because when civil authority collapses citizens have to be able to protect their property (if they're shooting people who are looting their own property) or try to restore order more broadly. And that's all well and good for blogs. But if you are ever put in this position yourself (and I hope none of us ever will be), you might want to keep in mind that, in most states and probably even in Texas, the current criminal law is very much not on your side.
References1. http://volokh.com/archives/archive_2005_08_28-2005_09_03.shtml#1125599174 2. http://www.capitol.state.tx.us/statutes/docs/PE/content/htm/pe.002.00.000009.00.htm 3. http://volokh.com/archives/archive_2005_08_28-2005_09_03.shtml#1125599174
You're posting old data. Louisiana changed the law several years ago.
Please educate yourself:
Dated August 15, 2006
http://wheelgun.blogspot.com/2006/08/louisiana-castle-doctrine-goes-into.html
On June 30,Governor Kathleen Blanco (D) signed HB 1097 by Representative Eric LaFleur (D-38), NRA-backed legislation granting civil immunity to crime victims who lawfully use force up to and including deadly force to protect themselves against a violent attack.
HB 1097 is the companion bill to HB 89 (also by Representative LaFleur), the NRA-supported “Castle Doctrine” bill which created presumptions in law for the use of force against intruders in your home, car or place of business and explicitly states in law that you have no “duty to retreat” from criminal attack if you are in a place where you have a legal right to be.
HB 89 was signed by the Governor on June 2 and both bills take effect on August 15.
Louisiana: GOVERNOR APPROVES SELF-DEFENSE MEASURE
http://findarticles.com/p/articles/mi_qa3985/is_200606/ai_n17172956/
Gov. Kathleen Blanco signed a bill, HB 1097, to legalize the use of deadly force against any intruder into a home, business or vehicle.
A shooter would not have to persuade police that he believed his life was in immediate danger because the changes incorporated in the legislation would presume he acted "reasonably" if evidence shows the entry was unlawful and forced.
Under previous Louisiana law, someone who kills an intruder must prove in court that the use of deadly force was necessary.
The governor earlier signed a companion bill, HB 89, to allow the legal use of force to ward off a violent attack in a home, business or vehicle.
http://www.legis.state.la.us/billdata/streamdocument.asp?did=406333
§2800.16. Limitation of liability for use of force in defense of certain crimes
of reasonable and apparently necessary or deadly force or violence.
A. A person who uses reasonable and apparently necessary or deadly force
or violence for the purpose of preventing a forcible offense against the person or his
Would you care to do additional research to back up your faulty claim that the "Castle Doctrine" is not law in Louisiana and this man was in error? I'll wait while you pick your face up off the floor.
property in accordance with R.S. 14:19 or 20 is immune from civil action for the use
Kokayi, you are perfectly within your rights to allow someone to break into your home and kill you.
The rest of us will protect ourselves. We will see who comes out better for it in the end. OH, right. You already let the guy kill you. Never mind.
I'm not sure why this is an issue...it's simple Castle Doctrine, to which we would want to look directly at Louisiana law:
An intruder must be making (or have made) an attempt to unlawfully and/or forcibly enter an occupied home, business or car.
The intruder must be acting illegally—e.g. the Castle Doctrine does not give the right to attack officers of the law acting in the course of their legal duties
The occupant(s) of the home must reasonably believe that the intruder intends to inflict serious bodily harm or death upon an occupant of the home
The occupant(s) of the home must reasonably believe that the intruder intends to commit some other felony, such as arson or burglary
The occupant(s) of the home must not have provoked or instigated an intrusion, or provoked or instigated an intruder to threaten or use deadly force
The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)
§20. Justifiable homicide
A. A homicide is justifiable:
(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.
(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.
(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.
(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40), against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the premises or motor vehicle.
(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.
B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the premises or motor vehicle, if both of the following occur:
(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.
(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.
C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.
D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.
Added by Acts 1976, No. 655, §1. Amended by Acts 1977, No. 392, §1; Acts 1983, No. 234, §1; Acts 1993, No. 516, §1; Acts 1997, No. 1378, §1; Acts 2003, No. 660, §1; Acts 2006, No. 141, §1.
The boy is lucky he's been given the chance to learn from his mistakes. Hopefully in the future he won't troll the streets at 4am looking to break into stores...hopefully.
I have no reason to believe the shooter story.
Oh, I see.
This evil shop owner was laying in wait at 4 am.
He was just waiting for some innocent teen to walk by at that time of the morning so he could open fire.
Yep, folks like him need to be taken off the street so it's "safe" for the criminals huh?
Sarcasm and and stupidity both start with the letter 'S'
You can't use deadly force without being threaten with deadly force. I suggest you don't let your sarcasm lead you into stupidly believing you're local laws are as backwards as those in NOLA.
You most certainly can use deadly force when you have a reasonable fear of being threatened with bodily harm. You don't have to wait for the person to actually fire the gun pointed at you before you respond.
You can't use deadly force without being threaten with deadly force
My state you can. If you are in your house - and not conducting illegal business - and a person kicks in the door - you can shoot. The threat of bodily injury is sufficient to warrant lethal defense.
Why should I or my family have to live in fear in our own homes with no means to protect ourselves?
Thinking that the shop owner is wrong or they should have aimed for the leg makes for great conversation these post but reality is a harsh mistress. Just remember that the wolves need the sheep to survive, the idea that 911 is all the protection you need makes you one big meal.
Sometimes parents love their children, and raise them properly, and they still turn bad.
Maybe the kid was the product of a bad home, but maybe not. I have friends who were good parents but both their boys got into drugs, and at 33 and 35, they are criminals.
I'm 55 and people my age didn't have the massive amounts of drugs available to battle when we were young. Sadly drugs has taken a generation of our children.
Pain can be a decent teacher, but as another poster said, for this kid, the wounds will probably be a trophy. AND, taxpayers will probably have to pay the bills and lawyer.
No winners.
Emmett Louis "Bobo" Till (July 25, 1941 – August 28, 1955) was an African American boy from Chicago, Illinois, who was murdered[1] at the age of 14 in Money, Mississippi, a small town in the state's Delta region, after reportedly whistling at a white woman. The murder of Emmett Till was noted as one of the leading events that motivated the American Civil Rights Movement.[1] The main suspects were acquitted, but later admitted to the murder.
Emmett Till. (2009, October 26). In Wikipedia, The Free Encyclopedia. Retrieved 21:55, October 27, 2009, from http://en.wikipedia.org/w/index.php?title=Emmett_Till&oldid=322176094
You see no progress in 54 years? It's there, but your anger voids everything except painful memories.
Anger has it's place, but if you keep it always, your life will be bitter.
Kokayi-I saw it.
It's because he's more wrong than the teen was. A 68 year old man should know better. The pawn shop owner got the law tipped in his favor and I'm wondering why. If you or I had done that we'd mostly had been arrested. I know that for a fact. If I can't get away with it why should he?
You have a funny way of judging this situation. The 68 year old man was in his store minding his own business-the teenager's choices were responsible for his injury. So how do you deduce that the teenager was more right than the store owner?
yeah 'shoot em in the head' kill em don't shoot in the leg". wow some of you nra ppl are real standup americans hell bent on popping off a round aren't you? regardless if the kid COULD have caused harm, i think it's safe to say his leg wound stopped him from completing his mission. seriously some of you death to all types are riDICKulous and quite frankly shouldn't be allowed to own guns as you clearly have no respect for them. i'm wonderin' how many of you guys were "punks" as teenagers?
Ignorence is bliss... take a CW class... learn something about the subject before you spout off.
Everyone is best off with You Two being and staying unarmed, quick hit; If you shoot to wound, the probability of a missed shot endangering anyone downrange goes up at a steep rate. Double-Tap, Center Mass, Drop The Aggressor... it is not rocket science, it is survival.
Then I think you should stick with your favorite topic BLISS.
quite frankly shouldn't be allowed to own guns as you clearly have no respect for them. i'm wonderin' how many of you guys were "punks" as teenagers?
I will admit to doing lots of stupid things in my youth, I wasn't quite a "punk" like this one.
Fortunately the military straightened me out, it ALSO taught me EXACTLY what many on here are saying as far as firearms control "center mass, man, center mass". Put em down and make SURE they don't get back up.
I will admit to doing lots of stupid things in my youth, I wasn't quite a "punk" like this one. Fortunately the military straightened me out, it ALSO taught me EXACTLY what many on here are saying as far as firearms control "center mass, man, center mass". Put em down and make SURE they don't get back up.
Well, if the military straightened you out then perhaps there's hope for him as well.
I am a believer that people CAN be redeemed. I don't know this child from Adam, so I can't say if he's one of those who will learn from this and seek redemption and betterment for his own good, or if he'll take the other more desperate path and be a career criminal. Who knows... however, I do know right now this is a 14 year old child who doesn't and didn't deserve to die for breaking into a store with a crowbar - particularly if he didn't have a gun or knife which may mean he didn't intend to kill anyone. Or did I miss that in the story - did he have a gun? I'm also going to go out on a limb and assume he may have thought the store would not be occupied at 4am... being he's still a child with immature thought processes. Hell... who really knows; I sure don't... For now, though, my stance (and until he proves different) is that he's lucky to be alive (damneddddddd lucky and some people can and DO turn their lives around. Stick his arse in juvy till he's 18 and see what happens. If he doesn't take the chance he's given then I'll say do what you will. Kids do stupid things and a punk is a punk - some worse ... some not quite bad. Time.
Careful L-Lane. You might be accused of defending the actions of the juvenile delinquent with that balanced and well thought out post.
:)
Oops, Blaq. I know. I thought about that after I typed in my response. Oh well. I take my sugar with the lumps. And....
In the words of Edmond from The Count of Monte Cristo: "Do your worst, for I will do mine."
LOL!
I think you're basing your assessment of a 14 year old "child" on the way it used to be when possibly you and I were younger.
Check out this video which shows a disturbing case from Georgia involving third graders (8,9, and 10 year olds) who elaborately plotted to kill their schoolteacher for reprimanding a student for standing on a chair.
http://i.abcnews.com/WN/story?id=4576676&page=1
Or take for example August Felix, a homeless person that was beaten to death one night.
Within three months, two 16-year-olds and three 15-year-olds had been charged with second-degree homicide in the March 26, 2006, attack. The motive? "I don't think there was a motive, other than, 'Let's beat someone up,' " said Sergeant Barbara Jones, a police spokeswoman.
or William Gorzynski, a 15 year old that decided to stab his younger brother to death with a kitchen knife.
http://www.nbcmiami.com/news/local-beat/Teen-Stabs-Brother-to-Death-Police-66193187.html
or Michael Brewer, a 15 year old who had a group by teens, one of which being 13, pour rubbing alcohol all over him and burn him alive. This was started from an argument over a video game, and was escalated because one of the five stole the victim's dad's bicycle. When he tried to get it back, they tried to burn him alive.
http://www.nbcmiami.com/news/local-beat/Youngest-Burn-Boy-Attacker-Competent-Judge-65220937.html
The stories don't end there, this is merely a very small sample I could quickly muster from memory...
A 14 year old was attempting to break into a store where the man felt his life was in jeopardy. The act was illegal and according to the law, the man had the right to defend himself with force. He warned the young man that he was armed and the crime continued. The boy was shot.
As I said before - hopefully the boy will have learned the error of his ways and will now march to a better tune.
wow some of you nra ppl are real standup americans
I appreciate the comment. We are the Americans that stand up when the going gets tough. So many people with this anti-gun, anti-defense mindset are why the NRA types have to stand up and defend the country or our families.
As a society some people have evolved into a food source for the predators. This is the type of person that sits curled into a ball in the corner rocking back-and-forth because the Starbucks is closed and they don’t have Wi-Fi access. They are the type of person that can spend 10 minutes rattling off their favorite fluffy coffee drink order but could change a pistol magazine to save their life.
Frankly most of the people on this post are tired of the castrated folks who would hide in the closet, sitting in a puddle of their own urine, desperately calling 911 because some thug just kicked in their door and is raping their wife. It isn’t about being ‘hell bent on popping off a round’, it is about having the skills to face the people that threaten our families with equal or greater force.
They say that people never rise to the occasion – they just sink to the lowest level of their training. If being able to find free Wi-Fi ranks at the top of your list of life skills I feel sorry for you. If being able to draw, neutralize your threat, or clear a jam during a high stress period is a skill-set you desire than I am in your corner.
The world has enough sheep – try being a sheepdog.
Reply to Shawn. I believe from what you just stated in 16.8 that we're in agreement. I'm not angry the boy was shot, because he did commit an illegal act and with that act he owns the consequences; I'm just thankful that he isn't dead. He probably got what he deserved when he was shot - but I don't believe (as some posters have stated quite clearly on here) that he deserved to be killed and I also do believe (as stated above) in redemption - that all is never a lost cause - it can be but sometimes it's not. All the double-taps and center-mass talk is not my thing. Not at that age and for the crime he committed - breaking with intent to enter. Now, if he had a weapon then "he gets what he got" and since we're not related I'm not going to show any remorse.
Thank you lois. I really wonder how many of the double tap blah blah blah, have watched the life slip from someones terrified eyes? and in this case a kids eyes. It is a horrible experience I would not wish on anybody. I hope this boy turns around and does good things.
Thank you, MTLGuy :)
I wonder that also. Big, bad talk? or just murderers at heart themselves?
My father served 2 tours in Viet Nam - and he surely never laughed about it, nor did he seek joy from killing someone- even in self-defense. He did what he had to do but it wasn't funny then and it isn't funny now. hmmmm.
or just murderers at heart themselves?
Is it better to just let the criminals do whatever they want and HOPE that when they get older they will change their ways?
See L-Lane. I told you. :)
I'm with you on what you're saying, trust me there...there's nothing more disturbing than the notion of having to take another person's life - it's something I fortunately haven't had to experience and honestly...pray I never have to. That said though, if someone feels my life or my families life isn't worth what's in my pocket at the time, I'll do what I have to do to protect my family, regardless the psychological strain it will definitely put on me after the fact.
To note: my comment regarding "center-mass" was simply a response from a prior note saying you should aim for a leg...something you should never do based on education and training.
This person did have a weapon, "iron bars and pipes" according to the story, and as such, was armed with a deadly weapon.
There is definitely the chance that this young man can turn his life around and as I've said repeatedly, I truly hope he does. He may change the mind of one of his "friends" that is thinking of doing the same thing.
Here's a quick hypothetical though, lets say I presume that there's no one at your home right now and try to break down your front door with a iron bar and pipe in hand; smashing in the door while, unknowingly, you are sitting inside working from home. You have no idea if I knew you were inside (or even if I cared). I may not mean you any harm whatsoever but could just be interested in robbing you blind. However, as you happened to be home at the time, you're life is now put in jeapordy.
I'm going to guess, based on the remainder of your posting:
Now, if he had a weapon then "he gets what he got" and since we're not related I'm not going to show any remorse.
that you would shoot as well.
NO ONE wants to shoot or kill a 14 year old, but when someone (of any age) threatens your life with deadly weapon in hand, it is you right to do whatever you can within the letter of the law of your city and state to prevent it from happening.
or just murderers at heart themselves?
Oh brother (*rolls eyes*) It is really very simple: given the option of watching the life drain out of some punk or of one's own child (or oneself), most people find the former to be the more palatable option. You don't place yourself or those under your care at risk trying to do your best imitation of a military sharp shooter. Most people can't hit the broadside of a barn while firing in a state of fear. So if you have a gun, shoot for the biggest mass and keep shooting. Most of your shots are likely to miss anyway. But it is always better to end a criminal's life and live with the remorse, than to be killed by someone committing a crime.
At age 14 this person was old enough to do his level best to break into an establishment, even after he learned it was inhabited. There is NO reason to believe he was going to politely ask for a piece of pie from the proprieter once he got inside. He was already armed with pipes and bars -- and he knew it.
Shawn,
Said weapon also happens to be a tool. He wasnt armed with a knife or gun, and chose a time where conflict was unlikely. Had he been a violent criminal seeking blood he could have easily found a target through a mugging , home invasion etc. he also chose a pawn shop, not exactly a morally superiour business or pillar of the community.
And as to your example of someone coming into the back of a home, call the cops, call your neighbours and leave by the front door. Why have a conflict over material possesions which can be replaced? so many comments I read here never take into account that they may be on the losing end of a gun battle. So is it worth widowing a wife or leaving kids fatherless for some electronics or cash? my answer is no. If someone is determined to hurt my family I will fight, you want my possesions? go right ahead, I have a good job and even better insurance.
MTL
he also chose a pawn shop, not exactly a morally superiour business or pillar of the community.
While I am no big fan of pawn shops they DO provide a needed service to MANY communities.
I've been short on marking my bills before and have had to utilize their services and was darn glad there was someplace that I could take something of value, get some cash to tide myself over and be able to get my belongings back from them for what they loaned me and a small additional charge.
For MANY folks they are also a way to get better things than they can afford to buy new.
I forgot which poster said that they have some really great pawn shops in Las Vegas. :)
Ok to be Clear, a double tap, center mass is the training most gunners receive... granted that wounds such as that, can lead to the death of the subject, but not all the time. It is just the most effective and likely way the put the threat down, and for the safety of those in the vicinity of the altercation.
If I was advocating the unambiguous termination of the subjects life I would have identified the Mozambique Technique (Double Tap Center Mass, Then a Bonus Shot to the Brain-Pan). I do not advocate that technique in the civilian world, but on the battle field... Hellz Yeah!
Aloha All
ooooooooooooooooooooooooooooooookay. LOL
I for one would like to hear more facts about this case before making up my mind. So far you only have the shop owner's side. Perhaps the kid was knocking on the window because he needed help and saw the shop's light on? If the lights were not on, does anybody think it's weird the owner was sitting in the dark with a loaded firearm at 4am? Perhaps the kid and this owner have a history and the owner was really shooting to kill but is a bad shot. Perhaps the owner shot first and only made up his story later.
The truth is we don't know the facts yet. The owner may have been perfectly within his rights or maybe not. Without all the facts, we can not make that judgement.
You can't use deadly force without being threaten with deadly force.
Well actually YES I CAN!!!
Here in Oklahoma if I come home from work and find you in my home I can just open fire, I don't have to warn you, I don't have to aim to wound, I can just blow you away for being in my home uninvited.
It's called the "Make my day" law here.
Now IF your bullet riddled body is lying dead on the floor and I am standing over you INSIDE my home when the police show up do you REALLY think they are going to ask very many questions?
What you don't seem to understand or get is that the LAW ABIDING citizens of this country are sick and tired of the criminals.
What you don't seem to understand or get is that the LAW ABIDING citizens of this country are sick and tired of the criminals.
AMEN!
Frankly I wish the intruder had died, then the taxpayers of this country wouldn't have to pay for his eventual incarceration. Bad apples should be discarded.
Piper. I just rolled my eyes at your comments as well. Go figure. LOL!
Is it better to just let the criminals do whatever they want and HOPE that when they get older they will change their ways?
Enter, Kaz. that's not what I stated You picked one sentence out of three or four posts from me and took the one which makes it appear I want the boy to go and buy popsicles now. JEEZ, Kaz. Read what I stated - all of it and if you still ask me that question then it's because you didn't understand what I typed.
See L-Lane. I told you. :)
Yes you did, blaq. When will I ever learn some people don't read it all - they take a sentence and run with it. hmmmm.
Sean,
I'm going to guess, that you would shoot as well. .... NO ONE wants to shoot or kill a 14 year old, but when someone (of any age) threatens your life with deadly weapon in hand, it is you right to do whatever you can within the letter of the law of your city and state to prevent it from happening.....
Yes, I probably would but I would also (if I possibly could) not choose to execute the child - if I saw he was maimed - I wouldn't keep shooting until saw his last breath evaporate as some pointed out on here. If I shot once and it happened to kill him then - oh well -and a c'est la vie that goes along with it, HOWEVER, if I had the choice (and sometimes we do have a choice) then he'd be in the ambulance and on the way to the hospital - just like this man did for him.
MY POINT IS, FOLKS, THE GUY WAS RIGHT IN WHAT HE DID. I DON'T BLAME HIM AND I HOPE THE CHILD WILL END HIS ERRANT "PUNK" WAYS AND BECOME A PRODUCTIVE CITIZEN ONE DAY; A MAN.
'KAY?
Yes, I probably would but I would also (if I possibly could) not choose to execute the child - if I saw he was maimed - I wouldn't keep shooting until saw his last breath evaporate as some pointed out on here.
I'm with you there, 110%.
There was a case a month or two ago where the shop keeper came back over to the young man that had tried to rob him, that had already been shot and that was flat out on the floor...and shot him again, point blank - execution style.
I don't know the outcome but was stunned at the follow through by the shopkeeper (was on security camera). You do what you need to do defuse the situation, and then you stop.
Thanks for the back-and-forth...
Several studies have shown that the typical home owner (without military, police, expert weapons safety training) cannot just shoot once because of the amount of adrenalin created because of the situation. Typically they empty the cylinder, clip, etc in the direction of the threat, hitting their target very few times.
I don't know anything about the shopkeeper incident, however, it makes me wonder if it had anything to do with what the studies have shown.
Thanks, Shawn and ditto! It was a good and fruitful debate! :)
I think I read about that story and saw the video some months ago. I felt it was disturbing. The guy stated he was keyed up, etc., but the video showed a story of a man who meant to kill him - regardless. He did it in a methodical state (judging from the video) and was not alarmed in appearance nor did he look distraught. I felt he executed the kid; however, if the kid hadn't come in there to rob him then he'd still be alive. I'd like to think I wouldn't try to kill someone - particularly when they're already down... however. judge not, lest ye be not judged.
Targeting extremities like the arms and legs is basically "stunt" shooting and is not recommended as an intended aiming point. Some time on a moving target range will quickly allow any shooter to realize that short of being Annie Oakley, it's a chancy shot at the very best that even well trained specialists don't attempt. If anyone advocates handgun shots to the extremities on purpose then readers should be advised that the credibility of the writer is in question in part due to an apparent lack of knowledge regarding the subject demonstrated by said writer.
Center-of-mass is a practical aimpoint because that is the widest, tallest point on the aggressor, with the greatest chance of hitting, and the smallest chance of missing.
How many shots and when to take them is another subject I will not take up at this time.
Duplicate post - deleted.
The business owner should have waited until the burglar was completely inside his business before he shot him. I imagine that the District Attorney will make some trouble over the fact that he shot through the door. The 14 year old burglar will probably graduate to other criminal behavior--a bullet in the leg will not teach him anything. The verbal warning certainly did not deter him! This will go on my "stupid criminal" story list.
Yep, unfortunately he lived so no Darwin award :(.
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