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Purplehood wrote:My point is this. He was a guy standing outside on the porch with a phone in his hand. The woman might have had more justification for shooting the locksmith at the time than she might have had shooting the coo-coo guy.

Your other point was good too. An unjustified shooting of a mentally handicapped person IS the kind of thing that brings the anti’s out of the woodwork.

If this guy was foreclosed on then there would be paper work on it. This then falls under trespass laws. The PD where I live, according to their blotters, issues a trespass warning and the next time they catch the person trespassing, they arrest them.

There is also an issue with criminal mischief in the destruction of private property in the loss of the owner’s locks. This is also enforceable.

seamusTX wrote:

PRO wrote:I guess I’m reading the article wrong. A man standing by, on the phone with the police while a locksmith is changing the locks. This just doesn’t sound like a high adrenaline, fight or flight situation to me.

How about having your door locks drilled out while a guy that you know is nuts is standing outside?

I'd have some adrenaline going.

- Jim

I'd be damn mad. No doubt about it but if I was mad enough to shoot someone who's just standing outside on the phone then I'm the one who's nuts.

I guess I’m reading the article wrong. A man standing by, on the phone with the police while a locksmith is changing the locks. This just doesn’t sound like a high adrenaline, fight or flight situation to me.

It seems to me the system failed everybody involved here.

I wonder if the guy had a key to the house to open the door for the locksmith or did the locksmith open it for him. If he had a key??????

Well, we all know what ‘assume’ means and I really don’t believe the DMN is ever forthright with the facts.

She came out of the house cursing and brought a means of deadly force with her.

Does this sound like fear of one’s life or looking for a confrontation? She should have called the police.

XtremeDuty.45 wrote:maybe I missed something but where are you guys getting the "this is the last time" remark? or is that just coming from Hoi Polloi's guesstimation?

You're right. Just cursing at him or the situation.

From the way I read it, the mentally disturbed man had lived there and had an ID with the houses address on it. This leads me to believe the police considered this to be a civil matter. Her saying, “this is the last time,” shows premeditation not eminent peril. It didn’t sound like the perp was in the house??? Three shots to the head? DA’s do not like head or back shots.

While I doubt the civil courts could do much more than a peace bond, (restraining orders were for family law last I checked), and both do very little. Tricky situation.