Homeowner who fatally shot robbery suspect could face charges

万得福

http://kdvr.com/2016/01/25/homeowner-who-shot-and-killed-robbery-suspect-could-face-charges/

LITTLETON, Colo. -- The victim of an armed robbery in his home could face criminal charges.

The homeowner shot and killed a man Sunday morningwho came into his home in the 5400 block of South Taft Court after responding to a Craigslist ad.

The Jefferson County Sheriff’s Office and the Jefferson County District Attorney's Office are weighing the evidence in deciding whether charges are appropriate.

But the homeowner’s neighbors and others question whether he’s protected by the state’s "Make My Day" or self-defense laws.

The man went from being the victim of an armed robbery inside his home to being a possible suspect for killing one of the men who tied him up at gunpoint and robbed him.

Sources say the man who died is 38-year-old David Martinez, who had an extensive criminal record of burglary, theft and drugs.

Investigators said the homeowner, who is not being identified for his safety, untied himself, then went outside and fired shots at his car with Martinez inside. Martinez crashed the car down the block and later died.

"I don’t want to see him charged," said one neighbor who did not want to be identified.

He and others can’t believe a victim could be charged, when trouble came looking for him. And they look for any law that could protect him.

“At the point a gun is involved, it’s self-defense. It extends beyond the house. It’s wherever you are,” the neighbor said.

“While the facts are very sympathetic to the homeowner, the law is not,” legal expert Dan Recht said.

He said self-defense probably won’t work.

“It is not enough to have been threatened and now use physical force to retaliate,” he said.

Recht said the man had to have been threatened at the moment he pulled the trigger.

“If a guy is driving away, even if it is your vehicle that he stole, you cannot use deadly force,” Recht said.

He also said the Make My Day Law, which allows a homeowner to use deadly force against an intruder, only applies inside the home.

“Being in your front yard does not count,” Recht said.

“We are all pretty thankful he was willing to do that,” the unidentified neighbor said.

He and other neighbors see the homeowner as someone who should be lauded and not punished after a Craigslist ad turned into a terrifying home invasion.

Recht said his prediction is the homeowner might be charged, but the courts will probably work out a lenient plea bargain that results in no jail time.

Police are still searching for the second suspect. They said they found the stolen gold Mustang he had been driving in Federal Heights.

kaleege

美国的正当防卫法律在这一点上和中国的一样。正当防卫只能在侵害发生时。这个人开枪是在犯罪之后，罪犯正要离开现场的时候，不属于正当防卫。

Fox news果然是臭名昭著的误导性，看看这个标题。

万得福

kaleege 发表于 2016-1-27 00:57
美国的正当防卫法律在这一点上和中国的一样。正当防卫只能在侵害发生时。这个人开枪是在犯罪之后，罪犯正要 ...

你从哪看到这新闻是FOX新闻的？

kaleege

万得福 发表于 2016-1-27 09:00
你从哪看到这新闻是FOX新闻的？

自己贴的链接自己没看？Fox 31

万得福

kaleege 发表于 2016-1-27 14:35
自己贴的链接自己没看？Fox 31

噢，没注意。只看到是一地方台。

万得福

难民欲性侵 丹麦17少女用辣椒水击退却被指控

据英国每日邮报1月27日报道，丹麦距离德国很近的边境小城森讷堡（Sonderborg），1名17岁少女在距离难民收容中心很近遭遇袭击，袭击者把她一下打倒在地，并试图脱去她的衣物进行性侵，该少女掏出胡椒喷雾进行抵抗，犯罪分子落荒而逃，少女报案后，警方却对少女罚款500克朗(约合479人民币)。因为在丹麦携带和使用胡椒喷雾是非法的，而强奸未遂者并未受到任何指控。
该少女在报警时表示，她遭遇一名讲英语的男子袭击，试图脱掉他的衣服进行性侵，她使用胡椒喷雾将男子击退。然而当地警方发言人克努兹·柯尔斯顿（Knud Kirsten）对媒体表示：“持有胡椒喷雾是非法的，因此她可能因此受到指控。”性侵少女的男子从犯罪现场逃跑，并未受到指控。目前尚不清楚这名男子是难民收容中心寻求庇护者还是难民。