Thursday, November 22, 2007

Is Gun Control hitting what you're aiming at?

I am very conflicted about this. Is it murder or self-defense or just protecting the neighborhood? What concerns me is that I am afraid that our confidence in "The System" (whatever that is) has degenerated to the point that we are rooting for the guy who just killed two people.

1 comment:

Anonymous said...

First, you need to join the NRA, Todd. Then, to answer the question, yes, gun control is hitting what you're aiming at.

Now, as far as this guy in Houston is concerned, I think the grand jury should return an indictment for him to be tried for, at the least, manslaughter. The defining moment in his case was when he said he was going to kill the alleged burglars, not let them get away. Seems pretty clear he had a plan of action before he ever confronted the suspects, a plan he was specifically told not to follow by an agent of the police department. That he is now remorsefully inconsolable is of little consequence.

Perhaps the shooter can present evidence that he felt threatened by the burglars, but such, in the context, would be but a weak defense.

As a libertine, I believe in the Castle Doctrine, the sovereignty of a homeowner or resident to protect his/her domicile, using deadly force if necessary. But, even under Castle, I believe there is a legal, and certainly a moral, obligation that there be a bona fide perceived, imminent danger, before pulling the trigger. While there may be instances where one will "shoot first, ask questions later", they are extremely limited, and the facts in the instant case do not appear to support such a course of action.

There appear to be five key elements: 1) This was a burglary, not a homicide in progress 2) the alleged crime was at the neighbor's; 3) it was daylight; 4) there was a premeditated plan of action; 5) there was disobedience to a police directive. If the shooter had as a weakness in his defense any one of these, perhaps he could convince a jury it was just a bad, snap judgment. But, taken in the whole, it clearly demonstrates a callous disregard for life, for reason, and for civil authority.

I ask you to render a verdict of guilty.