I would like to hear from current police officers. Please tell us how your shooting investigation would be influenced by the home owner having multiple loaded firearms readily accessible. And what if the homeowner had made boastful statements of what he would do to a burglar? Would your investigation consider that the homeowner had taken or failed to take reasonable measures to avoid a break in/confrontation?
Also, what if the dead intruder turned out to be unarmed?
Even in the most justified of circumstances, what legal/financial/civil repercussion's could a citizen expect?
I'll be happy to answer, HOWEVER, I have to qualify myself first. 20 years experience, County and Federal. Current assignment leaves me out of actually doing investigations such as this these days, so speaking from past experience and what someone could expect around where I live.
Several factors are at work here, the single biggest is the jurisdiction where you live. What is the law where you live? Where I live, "a man's home is his castle" is in effect, and we do not have "a duty to retreat". Some places you have to show you retreated, or avoided the confrontation even in your own home. Not here. In essence, a break-in to an occupied vehicle, RV, dwelling, etc., carries with it the presumption the intruder means to commit death or serious physical injury to those inside. Which means deadly force can be used against them, armed or unarmed.
Outside the home, deadly force can be used to prevent death or serious physical injury to one's self or another. In this situation, there are even more factors, mostly environmental ones for people like me.....as I type this.....I HAVE NO POLICE RESPONSE UNTIL 1000 IN THE MORNING. No kidding. Sheriff went home at 2200 hours. No one will come unless the Undersheriff authorizes it first. If Bubba is trying to break in, I can handle it. If he's stealing things out of my barn, he either steals it or I confront him.....and no backup is coming. See the problem there? Closer to the big city where I work, you'll get hung out to dry if you confront someone and wind up shooting him if you cannot prove he tried to harm you as outlined above. Where someone living where I do may be justified in shooting Bubba, in the city, much less justifiable.
As for your other questions about loaded firearms available, boastful statements, etc. You are pretty much getting into an area where again, it depends on the cop answering your call, and the poltical climate. I did in fact have to respond once to one of these calls, where the homeowner, on his fenced patio, had to hit a violent drunk in the head with a hoe.....homeowner was watching a fight we were called to, and for no reason the drunk went after him. Tried to get into his house. CRACK. Opened his head up. Then Mr. Drunk and Drunk #2 came after me. All said and done, IMHO homeowner was on solid ground. As I was leaving, an idiot in the form of a Sergeant (a drunk himself when not working) ORDERED me to cite the homeowner for Assault with a Deadly Weapon. No amount of arguing would work. Ultimately, I took the guy into a back bedroom and told him to tell his attorney to call me as a hostile witness when it came time. Then I wrote EXACTLY what happened, what I was ordered to do, and why I did what I did in the report. "NO COMPLAINT". I did the right thing. Got yelled at....well, screamed at ....but so what.
Point is where I or others who grew up with guns and look to do the right thing, there are any number of moron cops, mostly younguns, who never touched a gun as a kid, and have no street smarts nor common sense.
Around here, dead guy in your house or outside who was trying to get in, armed or not, he shoulda picked on someone else. Taking measures to scare them away is always going to work in your favor (verbal warnings which you certainly gave, right?). Outside your house things change.....was he armed, did you have police coming or are they available, what did you do to avoid him, etc.
Call 911, throw him a towel if he's awake to stop his bleeding, stay away from him no matter what. Soon as its safe, CALL AN ATTORNEY. Until they tell you what to do, "I was threatened, I took appropriate action. I'm not being difficult, I just need to talk to an atty". Otherwise, say nothing. Yes, unless you live in a State protecting homeowners from such liability, you WILL be sued. Especially if this occurs someplace other than your home. $1,000,000 umbrella liability policy or rider on your homeowners is a good idea. Stay out of things unless its you and yours, or you just have no choice at all balanced against the above.
This of course is my .02 cents and is worth just that.
Gnite,
RR
