Man facing 105 years in prison for shooting at would-be thief

[Jemplayer]

They wanted him to take the plea so he would give up his right to sue the city for shooting him.

Now that all charges have been dropped he can go after them, and believe me the ambulance chasers are salivating at the mouth over this one.

 

[BigHoss]

This solidifies the one of many reasons I thank God that I was born...bread...and remain in the great state of Texas.

Thank the Lord for the "Castle Doctrine" in TEXAS...and I hope someone gets this man moved here to our state...

What a disgusting (if all reports are valid) waste of law enforcement in Georgia...

 

[TrailDust]

What a disgusting (if all reports are valid) waste of law enforcement in Georgia...

Georgia...especially Atlanta...really seems to be going down the tubes.....

 

[Rum Runner]

Thank the Lord for the "Castle Doctrine" in TEXAS

I don't think Castle applies to this incident.

 

[Kimber_me_timbers]

I don't think Castle applies to this incident.

Why wouldn't it?

 

[Texas1911]

Why wouldn't it?

The Castle Doctrine just means you don't have to make a reasonable attempt to flee. It has more to do with being beyond the confines of your home, like Walmart for example.

The six felonies probably stemmed from the police report that had him threatening them with deadly force. They aren't going to write a report that said he was complying since they shot him.

There's alot missing from this report, but it sounds like the police officers that responded are in deep if they dropped the charges.

 

[Acera]

I am glad he stood his ground.....................twice!

 

[Bithabus]

Why wouldn't it?

According to GA law, and the limited info in the article, it doesn't look like the shooting was justifiable. I bet the DA decided to not proceed because of public opinion.

In Texas the shooting might have been justifiable, but we don't have enough info to tell.

"Castle Doctrine" doesn't really exist by the way.

 

[Rum Runner]

Castle (where applicable) Is usually implemented as a No duty to retreat and immunity from prosecution if you don't retreat in defense of your home.

GA Castle implementation:
sb396.html

In this case, the thief was not in the home or even trying to gain entry. So Castle is really irrelevant.

What is relevant is whether the use of deadly force was justified. If it had been night in TX, then maybe yes. But its Georgia so I don't know.

The next relevant issue IMO is whether the officers were justified in shooting him and I am missing way too much info to make an opinion there.

 

[ii]

According to GA law, and the limited info in the article, it doesn't look like the shooting was justifiable. I bet the DA decided to not proceed because of public opinion.

In Texas the shooting might have been justifiable, but we don't have enough info to tell.

"Castle Doctrine" doesn't really exist by the way.

He or she "the DA" is no fool and wants to get elected again. Thus they dropped the charges on the guy.

 

[Bithabus]

He or she "the DA" is no fool and wants to get elected again. Thus they dropped the charges on the guy.

Exactly.

 

[Mexican_Hippie]

WTF did the police shoot him? Are we missing information or did they deserve some return fire?

 

[tsmith]

I probably would have taken the deal just to clear the water, what I dont get is where the prosecutor is comming up with six felony charges and over 100 years?

I thought georgia was very gun-right friendly...

Me, too. Sounds like APD is going to end up writing this guy a big check.