Lubbock Shooting

[Paladin]

http://www.kcbd.com/Global/story.asp?S=5187780

"7/24/06
A Man Is Dead After an Overnight Shooting
Man Is Dead After Overnight Shooting

Police are investigating an overnight shooting in Southwest Lubbock that left one person dead. It happened around 2:30 Monday morning at a home in the 4400 block of 59th street.

23-year-old Ronald McNabb was gunned down by the homeowner after McNabb forced his way into the house.

Police say a man living in the house came out of his bedroom and witnessed someone assaulting his friend. He went into his room, grabbed a gun, and shot the suspect at least two times in the chest. He also accidentally shot his friend in the calf. The suspect that was shot in the chest was taken to UMC where he later died. The other victim is in satisfactory condition.

Witnesses told police that McNabb may have been after the homeowner, since he was the ex-boyfriend of his girlfriend.

Police say the homeowner was not arrested for the shooting. They believe it was a situation of self-defense."

[barres]

Lucky they didn't arrest him for shooting the friend in the calf. Other than that, good story!

[TxFire]

http://www.kcbd.com/Global/story.asp?S=5187780

"
23-year-old Ronald McNabb was gunned down by the homeowner after McNabb forced his way into the house.
."

Should that not read:
"23 year old Ronald McNabb was justifiably shot after illegally forcing entry into a residence and assaulting the occuapants."

[longtooth]

It should read that way but then when have youever seen a liberal press do what they should do?????????????

[Venus Pax]

I don't think he can get into trouble for the calf shot in that situation unless the roommate presses charges, which is unlikely, given the circumstances.
I would certainly rather someone accidentally shoot me in the calf while saving my life than to let someone else kill me.

[txinvestigator]

I don't think he can get into trouble for the calf shot in that situation unless the roommate presses charges, which is unlikely, given the circumstances.
I would certainly rather someone accidentally shoot me in the calf while saving my life than to let someone else kill me.

I agree. It does not appear to be an intentional shot. The law does allow prosecution for reckless injury to an innocent 3rd party, but I doubt it will happen in this case.



§9.05. Reckless injury of innocent third person.

Even though an actor is justified under this chapter in threatening
or using force or deadly force against another, if in doing so he also
recklessly injures or kills an innocent third person, the justification
afforded by this chapter is unavailable in a prosecution for the reckless
injury or killing of the innocent third person.

[anygunanywhere]

Not to start another "I used to be a lubbockite" thread, but I threw the Avalanche Journal in that area. Used to live in the 4200 block of 53rd.

Anygun

[GrannyGlock]

Frankly, I felt this was a shooting that should not have happened. When the man showed up at the house in the middle of the night, he should have been greeted with a stiff dose of OC. No one was prepared on either side it seemed and the intruder was not reported to be armed except with his fists. The home owner I felt was reckless and poorly trained.

[KBCraig]

Frankly, I felt this was a shooting that should not have happened. When the man showed up at the house in the middle of the night, he should have been greeted with a stiff dose of OC. No one was prepared on either side it seemed and the intruder was not reported to be armed except with his fists. The home owner I felt was reckless and poorly trained.

Being armed with fists is sufficient to kill you.

Recklessness and training are separate matters, which have nothing to do with justification.

[carlson1]

Should that not read:
"23 year old Ronald McNabb was justifiably shot after illegally forcing entry into a residence and assaulting the occuapants."

NO! Because that would be the truth.

[txinvestigator]

Frankly, I felt this was a shooting that should not have happened. When the man showed up at the house in the middle of the night, he should have been greeted with a stiff dose of OC. No one was prepared on either side it seemed and the intruder was not reported to be armed except with his fists. The home owner I felt was reckless and poorly trained.

It was a legal shooting it appears. Deadly force is justified to prevent burglary, robbery and aggravated robbery and to prevent the others use of deadly force against a third person.

You come into my house at 0230 and assault someone and you are going to get shot. period. OC is not a sufficient response in such a situation.

[anygunanywhere]

You come into my house at 0230 and assault someone and you are going to get shot. period. OC is not a sufficient response in such a situation.

What he said!

Anygun

[cyphur]

It was a legal shooting it appears. Deadly force is justified to prevent burglary, robbery and aggravated robbery and to prevent the others use of deadly force against a third person.

You come into my house at 0230 and assault someone and you are going to get shot. period. OC is not a sufficient response in such a situation.

I agree with that every day of the week.

My policy is that anything past 8pm, and you had better be invited.

[AJKAHR]

Frankly, I felt this was a shooting that should not have happened. When the man showed up at the house in the middle of the night, he should have been greeted with a stiff dose of OC. No one was prepared on either side it seemed and the intruder was not reported to be armed except with his fists. The home owner I felt was reckless and poorly trained.

I'll finally chime in on this thread. I am very familiar with this event, as it involved a family member. I do not wish to jeopardize anyone's privacy, so that's all you get.

However, this shooting was VERY preventable. The current boyfriend of the girl involved should never have gone this ex-boyfriends house. The fact that hasn't been released to the press is that the man killed did have a crimnal record which included a recent collar for attempted ag assault when he tried to re-enter a bar with a knife after being kicked out for intoxication. He got into a scuffle with the bouncers and LPD responded at which time he added a charge for resisting arrest.

The information that I haven't gotten cleared up yet is the balistics. One report was that 10 total wounds were counted between the dead guy and the roommate and that the gun used was only 7+1 shots. But there were only 8 casing recovered... The source I have said that shooter had reloaded... The Lubbock DA may look at this as excessive, I don't know.

The perp was definitely at fault, no doubt about it. But all parties involved were apparently drunk. I'm not going to fault anyone for drinking a little more than we should. But since I've kept guns for SD now, I make it a point to not go beyond the point of a casual after work / with dinner drink to avoid a bad shooting should a problem arise that I need to defend myself in.

The shooter also made very bad judgement in shooting at the tangled mess of his roommate brawling with an intruder. #1 Rule in shooting, KNOW YOUR TARGET. This guy is going to have a tough time when the grand jury looks at this. He may get off in the long run, but I don't think he'll walk with a no bill from the DA/GJ.

This was a very sad event in which stupid anger, machismo and alcohol turned into a leathal mix.

We should all hope that in the event we have to use deadly force, it's in a better situation that this.

[Venus Pax]

There are spiritual reasons for avoiding drunkenness, but this appears to serve as a practical reason. Not only do we lack sufficient fine and gross motor skills while under intoxication, but we do not have much control over our mental and emotional faculites.
As for whether deadly force was necessary, I think that anytime someone breaks and enters a person's sacred space (their private residence), its grounds for deadly force. Unfortunately, you simply don't have the time to determine whether or not the person is truly armed, or assess whether or not the person could overpower you.