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	<title>Comments on: Texas Castle Doctrine Test Case?</title>
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	<link>http://www.justinbuist.org/blog/2007/09/05/texas-castle-doctrine-test-case/</link>
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		<title>By: Justin</title>
		<link>http://www.justinbuist.org/blog/2007/09/05/texas-castle-doctrine-test-case/comment-page-1/#comment-14590</link>
		<dc:creator>Justin</dc:creator>
		<pubDate>Thu, 06 Sep 2007 21:45:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.justinbuist.org/blog/2007/09/05/texas-castle-doctrine-test-case/#comment-14590</guid>
		<description>&lt;blockquote&gt;He attempted to fire over the fellow beating on his door (you left that part out).&lt;/blockquote&gt;

I left that out because while one would naturally think firing at the top of the door was meant to miss him, the shooter hasn&#039;t been quoted as saying that.

For his sake I sure hope he didn&#039;t tell anybody that he was planning to miss the guy!

Failure to plan around the dead man&#039;s height would indicate to me that he hadn&#039;t made any sort of visual identification on the man.

&lt;blockquote&gt;What he did wasn’t unreasonable. &lt;/blockquote&gt;Oddly enough, I don&#039;t disagree.  I simply think it was irresponsible.  If ID&#039;d the guy, determined that he was a serious threat (like Jason said, we don&#039;t know what he said through the door) shot the idiot in the head and got on camera saying, &quot;Yep.  He was fixin&#039; to killin&#039; us.  I shot &#039;im in the head.&quot; I&#039;d be all for it.  But he didn&#039;t do that.

He shot unseen and grossly violated #4.  I can&#039;t get behind that.  You admit yourself that you wouldn&#039;t do it, and while I wouldn&#039;t want the guy spending 20 year in the pokey for his error in judgment I wouldn&#039;t be surprised if he&#039;s brought in front of a Grand Jury on the matter.

As an aside, this comment box is way too freaking small.  I need to fix that.</description>
		<content:encoded><![CDATA[<blockquote><p>He attempted to fire over the fellow beating on his door (you left that part out).</p></blockquote>
<p>I left that out because while one would naturally think firing at the top of the door was meant to miss him, the shooter hasn&#8217;t been quoted as saying that.</p>
<p>For his sake I sure hope he didn&#8217;t tell anybody that he was planning to miss the guy!</p>
<p>Failure to plan around the dead man&#8217;s height would indicate to me that he hadn&#8217;t made any sort of visual identification on the man.</p>
<blockquote><p>What he did wasn’t unreasonable. </p></blockquote>
<p>Oddly enough, I don&#8217;t disagree.  I simply think it was irresponsible.  If ID&#8217;d the guy, determined that he was a serious threat (like Jason said, we don&#8217;t know what he said through the door) shot the idiot in the head and got on camera saying, &#8220;Yep.  He was fixin&#8217; to killin&#8217; us.  I shot &#8216;im in the head.&#8221; I&#8217;d be all for it.  But he didn&#8217;t do that.</p>
<p>He shot unseen and grossly violated #4.  I can&#8217;t get behind that.  You admit yourself that you wouldn&#8217;t do it, and while I wouldn&#8217;t want the guy spending 20 year in the pokey for his error in judgment I wouldn&#8217;t be surprised if he&#8217;s brought in front of a Grand Jury on the matter.</p>
<p>As an aside, this comment box is way too freaking small.  I need to fix that.</p>
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		<title>By: Jason</title>
		<link>http://www.justinbuist.org/blog/2007/09/05/texas-castle-doctrine-test-case/comment-page-1/#comment-14588</link>
		<dc:creator>Jason</dc:creator>
		<pubDate>Thu, 06 Sep 2007 14:16:34 +0000</pubDate>
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		<description>I&#039;m sure we&#039;re missing much of this story.  The story DID mention that the man banging at the door was told to go away.  Was he told repeatedly?  Was &quot;or I&#039;ll shoot&quot; added?  Would that make a difference?  

What was the hallucinogenic man screaming back?  (Yes, hallucinogenic, the girlfriend said he was having &quot;hallucinatory dreams&quot; due to the combination of alcohol and anti-smoking drugs). Was he shouting threatening statements?

Perhaps the shooter was frightened for his life after telling a man who&#039;s describe as having hallucinatory dreams, was described as having a reaction to alcohol and anti-smoking drugs, who had just BEAT HIS GIRLFRIEND, and was demanding entry into his home.

Perhaps.</description>
		<content:encoded><![CDATA[<p>I&#8217;m sure we&#8217;re missing much of this story.  The story DID mention that the man banging at the door was told to go away.  Was he told repeatedly?  Was &#8220;or I&#8217;ll shoot&#8221; added?  Would that make a difference?  </p>
<p>What was the hallucinogenic man screaming back?  (Yes, hallucinogenic, the girlfriend said he was having &#8220;hallucinatory dreams&#8221; due to the combination of alcohol and anti-smoking drugs). Was he shouting threatening statements?</p>
<p>Perhaps the shooter was frightened for his life after telling a man who&#8217;s describe as having hallucinatory dreams, was described as having a reaction to alcohol and anti-smoking drugs, who had just BEAT HIS GIRLFRIEND, and was demanding entry into his home.</p>
<p>Perhaps.</p>
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		<title>By: C. Bruce Richardson Jr.</title>
		<link>http://www.justinbuist.org/blog/2007/09/05/texas-castle-doctrine-test-case/comment-page-1/#comment-14586</link>
		<dc:creator>C. Bruce Richardson Jr.</dc:creator>
		<pubDate>Thu, 06 Sep 2007 08:39:26 +0000</pubDate>
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		<description>Were the FedEx and UPS guys tried to break through the door at 4:00 a.m. when they scared you? 

Actually I wouldn&#039;t have fired through the door.  I would certainly have fired when he came through the door.  But the homeowner was obviously frightened and had good reason to be frightened.  What he did wasn&#039;t unreasonable.  He attempted to fire over the fellow beating on his door (you left that part out).  Unfortuately, the musician was unusually tall.  Had he been average height he wouldn&#039;t have been hit.

I doubt very seriously that this one will ever go to the Grand Jury.  The shooting was justified.  The musician should not have been beating on his neighbors door like a crazy person at 4:00 in the morning.</description>
		<content:encoded><![CDATA[<p>Were the FedEx and UPS guys tried to break through the door at 4:00 a.m. when they scared you? </p>
<p>Actually I wouldn&#8217;t have fired through the door.  I would certainly have fired when he came through the door.  But the homeowner was obviously frightened and had good reason to be frightened.  What he did wasn&#8217;t unreasonable.  He attempted to fire over the fellow beating on his door (you left that part out).  Unfortuately, the musician was unusually tall.  Had he been average height he wouldn&#8217;t have been hit.</p>
<p>I doubt very seriously that this one will ever go to the Grand Jury.  The shooting was justified.  The musician should not have been beating on his neighbors door like a crazy person at 4:00 in the morning.</p>
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