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by Soccerdad1995
Tue Dec 06, 2022 10:53 am
Forum: The Crime Blotter
Topic: TX: Austin man defending his home with rifle from burglars shot and killed by police
Replies: 20
Views: 4190

Re: TX: Austin man defending his home with rifle from burglars shot and killed by police

flowrie wrote: Tue Dec 06, 2022 8:52 am Give the circumstances:

Report of a man with a rifle at a house.
Upon arrival the police hear two shots.
A man with a rifle appears at the corner of said house.
Although the man did not point the rifle directly at the LEO, the rifle is at a low ready in the general direction of the LEO.

So, is the LEO supposed to wait to see if the rifle goes from low ready to pointing at the LEO before engaging?
If so, what if the man does so and the LEO does shoot first and misses and the man with the rifle does not miss.

This is a close call but I side with the LEO.
I'd say that the officer should clearly identify themselves as law enforcement, order the man to drop his weapon and give him an opportunity to do so before shooting. Preferably done from a position of cover.

That said, I also think that leaving your home to investigate a possible burglar is dumb. There ain't nothin outside my house that is worth risking my life for.

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