INTENSITY²
Politics, Mature and taboo => Political Pundits => Topic started by: Callaway on January 04, 2012, 09:58:10 PM
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A young Oklahoma mother shot and killed an intruder to protect her 3-month-old baby on New Year's Eve, less than a week after the baby's father died of cancer.
Sarah McKinley says that a week earlier a man named Justin Martin dropped by on the day of her husband's funeral, claiming that he was a neighbor who wanted to say hello. The 18-year-old Oklahoma City area woman did not let him into her home that day.
On New Year's Eve Martin returned with another man, Dustin Stewart, and this time was armed with a 12-inch hunting knife. The two soon began trying to break into McKinley's home.
As one of the men was going from door to door outside her home trying to gain entry, McKinley called 911 and grabbed her 12-gauge shotgun.
McKinley told ABC News Oklahoma City affiliate KOCO that she quickly got her 12 gauge, went into her bedroom and got a pistol, put the bottle in the baby's mouth and called 911.
"I've got two guns in my hand -- is it okay to shoot him if he comes in this door?" the young mother asked the 911 dispatcher. "I'm here by myself with my infant baby, can I please get a dispatcher out here immediately?"
The 911 dispatcher confirmed with McKinley that the doors to her home were locked as she asked again if it was okay to shoot the intruder if he were to come through her door.
"I can't tell you that you can do that but you do what you have to do to protect your baby," the dispatcher told her. McKinley was on the phone with 911 for a total of 21 minutes.
When Martin kicked in the door and came after her with the knife, the teen mom shot and killed the 24-year-old. Police are calling the shooting justified.
"You're allowed to shoot an unauthorized person that is in your home. The law provides you the remedy, and sanctions the use of deadly force," Det. Dan Huff of the Blanchard police said.
Stewart soon turned himself in to police.
McKinley said that she was at home alone with her newborn that night because her husband just died of cancer on Christmas Day....
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The only thing that's sad is that BOTH those motherfuckers didn't get killed.
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Everywhere I go I see that link. Damn that girl was lucky. Everything set up in her favor, right down to the authority figure on the phone line.
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Bravo to that lady. She did the right thing. :viking:
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PA and I were talking about this. I said I'd consider the first 15 or 20 shots into the intruder target practice. Case closed against the lady
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The only thing that's sad is that BOTH those motherfuckers didn't get killed.
whats sad is that this sort of thing doesnt happen more. in arizona shed be in jail, because she was attacked with a knife and defended herself with a gun.
people would think twice about home invasions if this were more common. unfortunately this type of defence is only legal in texas, OK and other southern states. most states require you to attempt to flee before defending yourself, even in your own home. in california the dead attackers family could sue you.
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The only thing that's sad is that BOTH those motherfuckers didn't get killed.
whats sad is that this sort of thing doesnt happen more. in arizona shed be in jail, because she was attacked with a knife and defended herself with a gun.
people would think twice about home invasions if this were more common. unfortunately this type of defence is only legal in texas, OK and other southern states. most states require you to attempt to flee before defending yourself, even in your own home. in california the dead attackers family could sue you.
Not correct. Most states have some variant of castle doctrine or stand your ground law. Homeowners/residents in California have Penal Code section 198.5 http://law.onecle.com/california/penal/198.5.html (http://law.onecle.com/california/penal/198.5.html) Furthermore California law provides for immunity from lawsuits from family of dead burglars etc. I cannot find reference for that law right now. The immunity from suit was voted into law in the 1990s as a rider to an auto insurance Proposition. I voted for it.
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Good for her. I think everyone should be entitled to shoot an intruder because how do you know they don't have a gun or something and won't kill you?
In the state of Washington if you shoot at an intruder and they had no gun, you are in big trouble. That sucks donkey balls. Heck even robbers have sued the home owners and won because they didn't have a weapon.
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If she hadn't been a mother with a newborn and a recently dead husband, she might have been prosecuted for the shooting. :facepalm2: ::)
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The only thing that's sad is that BOTH those motherfuckers didn't get killed.
whats sad is that this sort of thing doesnt happen more. in arizona shed be in jail, because she was attacked with a knife and defended herself with a gun.
people would think twice about home invasions if this were more common. unfortunately this type of defence is only legal in texas, OK and other southern states. most states require you to attempt to flee before defending yourself, even in your own home. in california the dead attackers family could sue you.
Not correct. Most states have some variant of castle doctrine or stand your ground law. Homeowners/residents in California have Penal Code section 198.5 http://law.onecle.com/california/penal/198.5.html (http://law.onecle.com/california/penal/198.5.html) Furthermore California law provides for immunity from lawsuits from family of dead burglars etc. I cannot find reference for that law right now. The immunity from suit was voted into law in the 1990s as a rider to an auto insurance Proposition. I voted for it.
The occupant(s) of the home may be required to attempt to exit the house or otherwise retreat (this is called the "Duty to retreat" and most self-defense statutes referred to as examples of "Castle Doctrine" expressly state that the homeowner has no such duty)
from here http://en.wikipedia.org/wiki/Castle_doctrine (http://en.wikipedia.org/wiki/Castle_doctrine) under conditions of use
but you are correct that most states have some sort of castle doctrine 31/50
ill have to do some research to find out about this imunity to civil wrongful death lawsuits...
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Great bodily injury does not require loss of limb or permanent disability as a result in CA law either. I was a juror in The People Of California versus Robert Mills in 2000 and we (the jury) found Great Bodily Injury as an aggravating factor in the case of three separate knife wounds where Mills had cut a tendon in his wife's hand that needed reconstruction and a (relatively) shallow wound in the vicinity of her kidney that cut skin and striated tissue only and a small scar by her eye.
Not making light of her injuries, just pointing out that once criminal intent and guilt was established on separate counts Great Bodily Injury does not have a high burden. BTW Judge Kroyer sentenced Mills to 22 years 4 months. I never lost sleep over it, I never told the POS to attempt to murder his wife.
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Makes me wonder what would have happened to me if the guy who tried to break into my place was successful and I had hit him in the head with the metal pole I have. Because it probably would have been a serious injury at least.
I definitely would have done the same if I had been that woman.
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I don't think she would have any problems in Ct after the home invasion that left three dead a few years ago.
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Great bodily injury does not require loss of limb or permanent disability as a result in CA law either. I was a juror in The People Of California versus Robert Mills in 2000 and we (the jury) found Great Bodily Injury as an aggravating factor in the case of three separate knife wounds where Mills had cut a tendon in his wife's hand that needed reconstruction and a (relatively) shallow wound in the vicinity of her kidney that cut skin and striated tissue only and a small scar by her eye.
Not making light of her injuries, just pointing out that once criminal intent and guilt was established on separate counts Great Bodily Injury does not have a high burden. BTW Judge Kroyer sentenced Mills to 22 years 4 months. I never lost sleep over it, I never told the POS to attempt to murder his wife.
yeah i guess 90% of the time its all about the jury.
Makes me wonder what would have happened to me if the guy who tried to break into my place was successful and I had hit him in the head with the metal pole I have. Because it probably would have been a serious injury at least.
I definitely would have done the same if I had been that woman.
not sure about oz legality or availability but telescoping batons usually work well for women...thats if you know how to use it...please protect that pretty little head of yours.
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Would have no idea how to use a telescoping baton. But the metal pole was handy. Cheers to GA for finding that on the side of the road!
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just a metal pole thats designed for convienient ass whoopin
ok fix my spelan someone!
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Just a metal pole that's designed for convenient ass whoopin'.
Ok, fix my spelling, someone!
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thanks i just get fucked up when its not phonetic.
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Heh, phonetic is not spelled phonetically.
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its not? because of the ph? otherwise its pretty good...
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Yes, otherwise it would be spelt "fonetik". Oh, how it pains me to type that...
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Yes, otherwise it would be spelt "fonetik". Oh, how it pains me to type that...
It duzzent hert if yu remember wi yu tipe it that way. Yu ar helping utherz. :tard:
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(http://images.cheezburger.com/completestore/2011/4/28/5a62fbb9-1004-47b7-b9fe-77b3461ed9af.jpg)
i know its bad but im fucking too lazy to download and then upload it. someone tell me again why we dont "steal" bandwidth?
fuck yo bandwidth ni*&ra!
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Yes, otherwise it would be spelt "fonetik". Oh, how it pains me to type that...
It duzzent hert if yu remember wi yu tipe it that way. Yu ar helping utherz. :tard:
:GA: :GA: :GA:
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and yes, im getting shitfaced and ornary over here. im just going to go to bed. before ma spellan drievs evry1 nutz.
ok ornary?
fuck i think i just found a new sig...
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hehe...haelp mi lern et! spallen thet iz
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hehe...haelp mi lern et! spallen thet iz
You could use the Spell Check. Or I could edit your posts for you. :P
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Ornery.
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hehe...haelp mi lern et! spallen thet iz
You could use the Spell Check. Or I could edit your posts for you. :P
spellcheck sucks, cause i dont learn from it. its mindless and i need to fix myself. gimme a chance to get back into typing and it will get better.
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hehe...haelp mi lern et! spallen thet iz
You could use the Spell Check. Or I could edit your posts for you. :P
spellcheck sucks, cause i dont learn from it. its mindless and i need to fix myself. gimme a chance to get back into typing and it will get better.
Yes, post more and you will get into the swing of things! :viking:
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We just had a similar incident happen about 3 miles up the road.
Intruder broke in an couple's home in the early morning hours, the husband fired a warning shot and he didn't back off, so he killed him.
Ex is supposed to teach me how to shoot a pistol this spring (I've been left with 2 since mom passed away). He wants me to get a permit to carry since I'm always roaming, not sure about that yet, but I do want to get myself used to them.
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We just had a similar incident happen about 3 miles up the road.
Intruder broke in an couple's home in the early morning hours, the husband fired a warning shot and he didn't back off, so he killed him.
Ex is supposed to teach me how to shoot a pistol this spring (I've been left with 2 since mom passed away). He wants me to get a permit to carry since I'm always roaming, not sure about that yet, but I do want to get myself used to them.
I can totally see you packing a pistol as you drive around
town in your mighty truck! :icequeen:
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I want to get my concealed carry permit sometime soon. Now that the kids are older I don't worry as much about having guns around though my wife hates them. As for in the house I have things hidden everywhere, bats, big knives and even a big spiked club next to the bed
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My mom & dad both had permits to carry.
Ex has one as well since he closes the bar up by himself and it's been robbed countless times due to it's location.
My dad was a big gun nut, but he never believed in showing them to anyone or flashing them around (didn't care for people that did), he just liked shooting them and collecting, so I've been around them ever since I could remember.
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:zombiefuck:
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:zombiefuck:
I'm sure she won't shoot you without a reason. Behave yourself and you're safe. :P
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:zombiefuck:
You thought the same thing when you read her last statement, didn't you?
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:zombiefuck:
You're safe. ;)
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We just had a similar incident happen about 3 miles up the road.
Intruder broke in an couple's home in the early morning hours, the husband fired a warning shot and he didn't back off, so he killed him.
Ex is supposed to teach me how to shoot a pistol this spring (I've been left with 2 since mom passed away). He wants me to get a permit to carry since I'm always roaming, not sure about that yet, but I do want to get myself used to them.
I dont know if we are talking about the same thing, but on Thanksgiving an old friend of mine was shot and killed trying to break into someone house on route 40
What do I think ? well, I miss my friend. I think it's a shame, but the man had the right to protect his house. It's a tragedy, not a victory for anyone. He had a bad drug problem and he did the WRONG thing and had to pay the price - BUT, I would NEVER say such a thing to his family or my friends. I think it's a time to keep my opinion to myself
http://www.post-gazette.com/pg/11330/1192749-58.stm (http://www.post-gazette.com/pg/11330/1192749-58.stm)
DA says killing of intruder by homeowner appears justified
Saturday, November 26, 2011
By Sadie Gurman, Pittsburgh Post-Gazette
Elijah J. Malanosky -- shot and killed as he was breaking into a home
A Washington County home-owner who shot and killed an intruder on Thanksgiving morning won't likely face criminal charges, District Attorney Steven Toprani said Friday.
The incident unfolded about 4:30 a.m. at a home in the 3100 block of National Pike in Centerville. The homeowner, Martin Swarrow, was awakened by his barking dog and encountered a man who was breaking into an attached garage. Mr. Swarrow, armed with a handgun, fired a warning shot before he struck the intruder once in the upper torso, state police said. Elijah J. Malanosky, 30, of Cokeburg, was pronounced dead at the scene.
The case likely falls under the "castle doctrine," which allows homeowners to use deadly force against intruders in certain circumstances, Mr. Toprani said. Gov. Tom Corbett this summer signed a bill to widen the right to use such force in self-defense in situations outside a person's home or business.
"By all appearances, this is likely a castle case," Mr. Toprani said, adding that he will review police reports next week before making a final determination about whether to charge Mr. Swarrow. "The castle law permits residents to use force when confronted with a threat of physical harm. In this matter, we will look into the circumstances to see if there was a threat. It's a question of justification."
Police said that Mr. Malanosky was shot after he "lunged" at the homeowner but have offered few glimpses into their confrontation.
Mr. Swarrow could not be reached for comment on Friday. Neither could relatives of Mr. Malanosky, a man who had been wanted by state police since August on charges that he received a stolen firearm. Investigators said they were not sure whether Mr. Malanosky was armed when he shattered a window and entered the Swarrow home on Thursday.
Troopers on Friday were also investigating whether more than one person played a role in the break-in and were urging anyone with information on the incident to come forward.
Mr. Malanosky described himself on his Facebook page as an engaged father who graduated from Bentworth Senior High School in 1999. Court records show a criminal past that spans more than a decade, during which he was found guilty of crimes including assault, resisting arrest, receiving stolen property and escape. A string of charges filed last year including drug possession and possession with intent to deliver were part of a case that was declared inactive, court records show.
Read more: http://www.post-gazette.com/pg/11330/1192749-58.stm#ixzz1id4SZZwn (http://www.post-gazette.com/pg/11330/1192749-58.stm#ixzz1id4SZZwn)
I miss you Eli, but you fucked up
(http://www.post-gazette.com/pg/images/201111/malanosky_160.jpg)
RIP
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That's the one eris.
It is a tragedy, I agree with you 100%. But like you said, and as I believe also, the man had the right to protect his house.
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I went to high school with him, dated him briefly in 10th grade. I havent seen him for a few years, though. Right after we gradated he went to jail for robbing the bank in Bentleyville ... twice. He started selling heroin, then started doing more than he sold. There is a strange rumor ( that im sure is rubbish) that he once breaded a human leg and ate it. He had a 2 year old and a 4 month old, and his mom is awesome. It's a shame.
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I have a BIL that's fucked up with this shit, he's a great person, he has a wonderful heart, and can make you laugh your ass off when you don't even feel like smiling.
You can't let him in the house though without hiding everything first. It's sad.
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I want to get my concealed carry permit sometime soon. Now that the kids are older I don't worry as much about having guns around though my wife hates them. As for in the house I have things hidden everywhere, bats, big knives and even a big spiked club next to the bed
I don't know what's wrong with women and (most) European men as well. They all think that guns are bad in themselves. :-\
In most countries in Europe the tragedy would have been even greater, because here she would have been prosecuted.
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Guns are illegal here, but strangely enough it's legal to use one when it comes to defending your home.
I should exploit this loophole in the future. :zoinks:
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:agreed:
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How does that work? It's illegal to buy one but not if you already have one?
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Hunting license = can get guns. Can't use them in self defence normally, but defending your land/house from intrusion is exempt.
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Same here, though it's totally up to the court to decide whether it was self-defense or "excessive self-defense".
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Shouldn't be too hard to decide. If you're at home, minding your own business and some prick tries to break in and steal your shit then you should be entitled to seriously injure or even kill the fucker. I'll aim to do the latter since I'm VERY protective about my stuff.
Actually if I had my way with it, I'll torture the scumbag before killing him. The killing part will only be out of mercy.
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Some one shot a naked guy who broke into his home down by the beach in my town a few weeks ago. The ran out into Long Island Sound where the police caught him. I never did understand why people get naked before doing these things the same week they arrested another naked gut who was threatening people and he didn't even live near by
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I could probably bury a body of a burglar here - or attach weights to it and sink it into the ocean :eyelash:
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This guy is against guns, but he has the right conception of it, namely that authorities should be disarmed first. He is also extremely good at languages: Creepy New Verb Enters English (http://www.billcasselman.com/new_words/tase.htm)
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" 'Tase' has the more prolonged sound of fizzling crackling human flesh accompanied by the sickening electric zap and, over the taser victim's scream of agony, the soft underlaugh of a smirking cop who has subdued yet another human being in his long cop-bully's life of humiliating others and making them crawl on their bellies like lowly reptiles."
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I heard of a new verb too:
Brony. :zoinks:
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:orly:
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Thank you jeebus for inventing gun powder.
Praise jeebus.
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Cause and effect. All I can say. Don't steal from people, rape, etc. If you do, you may be killed.