Norman
Regular Member
imported post
I got $5 on him not being prosecuted. Anyone?
-
We are now running on a new, and hopefully much-improved, server. In addition we are also on new forum software. Any move entails a lot of technical details and I suspect we will encounter a few issues as the new server goes live. Please be patient with us. It will be worth it! :) Please help by posting all issues here.
-
If you are having trouble seeing the forum then you may need to clear your browser's DNS cache. Click here for instructions on how to do that
-
Please review the Forum Rules frequently as we are constantly trying to improve the forum for our members and visitors.
Another burglary interupted
- Thread starter Just Us
- Start date
Tomas
Regular Member
imported post
I'm not going to bet either way because there are just too many "facts" open in the information we have, BUT this is a fairly remote location, fairly large distance between 'neighbors,' and he had already been burglarized earlier in the day.
When he hears someone pull into his drive and get out of their vehicle, he opens the door of the garage he is in to see what is going on. He is presented with two widely separated flashlights indicating at least two potential assailants, on his private property, at night, far from any help.
Simply waiting for something to happen COULD have been his very last action on this Earth.
Even though it is questionable on many levels, I lean toward his being legitimately "in fear for his life or serious bodily injury" when he fired.
I lean toward the homeowner's side this time.
(In any case, the homeowner SHOULD always get the decision in the event of a tie, IMHO...)
I'm not going to bet either way because there are just too many "facts" open in the information we have, BUT this is a fairly remote location, fairly large distance between 'neighbors,' and he had already been burglarized earlier in the day.
When he hears someone pull into his drive and get out of their vehicle, he opens the door of the garage he is in to see what is going on. He is presented with two widely separated flashlights indicating at least two potential assailants, on his private property, at night, far from any help.
Simply waiting for something to happen COULD have been his very last action on this Earth.
Even though it is questionable on many levels, I lean toward his being legitimately "in fear for his life or serious bodily injury" when he fired.
I lean toward the homeowner's side this time.
(In any case, the homeowner SHOULD always get the decision in the event of a tie, IMHO...)
oneeyeross
Regular Member
imported post
I thought I had answered this from my mobile, but I guess it got lost in cyberspace somewhere....so here goes with round two.
There are several reasons I doubt the shooter will be charged/convicted.
1. The person who was shot was known to the sheriff's department, and not in a good way. For what lawful purpose was this man at another man's home during darkness? What lawful reason could he have for being where he was? His presence there, under the circumstances, is an indication that he had evil intent.
2. The person shooting was on his property, when someone, at night, during the hours of darkness, shines a light on his face. What reasonable person (defined as a person of the same education, training and experience) would think that this is an innocent act?
3. This occurred in Lewis County, not Clark or King County. The jury pool would be made of his peers (my neighbors)... While some persons here live in rather more metropolitan areas, it's still rather rural in both geography and mindset. We have more of a "take care of ourselves" feeling out here.
As I said, I doubt this will ever get to charges, or if it does for political reasons, I doubt a conviction will come of this....
I thought I had answered this from my mobile, but I guess it got lost in cyberspace somewhere....so here goes with round two.
There are several reasons I doubt the shooter will be charged/convicted.
1. The person who was shot was known to the sheriff's department, and not in a good way. For what lawful purpose was this man at another man's home during darkness? What lawful reason could he have for being where he was? His presence there, under the circumstances, is an indication that he had evil intent.
2. The person shooting was on his property, when someone, at night, during the hours of darkness, shines a light on his face. What reasonable person (defined as a person of the same education, training and experience) would think that this is an innocent act?
3. This occurred in Lewis County, not Clark or King County. The jury pool would be made of his peers (my neighbors)... While some persons here live in rather more metropolitan areas, it's still rather rural in both geography and mindset. We have more of a "take care of ourselves" feeling out here.
As I said, I doubt this will ever get to charges, or if it does for political reasons, I doubt a conviction will come of this....
ridgerunner98570
Regular Member
imported post
I live just a half a mile from where this took place. The Chronicle states that this man has served time for felony theft and harassment before. Plus he has a whole slew of misdemeanor charges of this same nature. The man's brother says they were there earlier that day to inquire about buying the ford for parts. But no one was home. There was a breakin at the house at approx 5:00 pm that same day. Coincidence? You be the judge. The autopsy showed that McKenzie was only hit one time in the shooting. Panic fire? The homeowner unloaded a pistol at him and only hit him once from about 7-10 feet.
Here in Lewis County the response times can be sickening when you call the sheriff. When I got burglarized in May of last year, it took the sheriff 3 1/2 hours to get here. The cop said they were busy on the freeway because of a wreck. I did not question him on the fact that it is the State Patrol that investigates wrecks not the Sheriff.
The wife of Thomas Mckenzie (the man who was shot) and his brother and son all say that Mckenzie was not the type to do this thing and would never hurt a fly. But his police record shows other arrests for this type of thing and indeed, that same wife that says he wouldn't hurt anyone has filed 4 restaining orders against him in the last couple of years alleging violence.
What it comes down to is this, If McKenzie had not been auto parts shopping on private property after dark on land owned by someone he didn't know and did not have permission to be on, we would not be having this discussion.
I live just a half a mile from where this took place. The Chronicle states that this man has served time for felony theft and harassment before. Plus he has a whole slew of misdemeanor charges of this same nature. The man's brother says they were there earlier that day to inquire about buying the ford for parts. But no one was home. There was a breakin at the house at approx 5:00 pm that same day. Coincidence? You be the judge. The autopsy showed that McKenzie was only hit one time in the shooting. Panic fire? The homeowner unloaded a pistol at him and only hit him once from about 7-10 feet.
Here in Lewis County the response times can be sickening when you call the sheriff. When I got burglarized in May of last year, it took the sheriff 3 1/2 hours to get here. The cop said they were busy on the freeway because of a wreck. I did not question him on the fact that it is the State Patrol that investigates wrecks not the Sheriff.
The wife of Thomas Mckenzie (the man who was shot) and his brother and son all say that Mckenzie was not the type to do this thing and would never hurt a fly. But his police record shows other arrests for this type of thing and indeed, that same wife that says he wouldn't hurt anyone has filed 4 restaining orders against him in the last couple of years alleging violence.
What it comes down to is this, If McKenzie had not been auto parts shopping on private property after dark on land owned by someone he didn't know and did not have permission to be on, we would not be having this discussion.
Trigger Dr
Regular Member
imported post
Ridgerunner,
Gardnier Mt. I have shot a lot of elk in that area,particularly Eagle creek and Tom Miner Basin.
I come from Livingston.
Ridgerunner,
Gardnier Mt. I have shot a lot of elk in that area,particularly Eagle creek and Tom Miner Basin.
I come from Livingston.
BigDave
Opt-Out Members
imported post
Audio of 911 call of Homeowner who shot the suspected burglar.
http://www.kirotv.com/video/23295172/index.html
It is quite surprising the home owner sounds pretty calm while on the phone and first addressing the responding officer.
He just said he shot someone he did not know and that there was a woman and a man with a truck.
No mention of self defense, robbery or any illegal act.
Audio of 911 call of Neighbor
http://www.kirotv.com/video/23295132/index.html
Audio of 911 call of Homeowner who shot the suspected burglar.
http://www.kirotv.com/video/23295172/index.html
It is quite surprising the home owner sounds pretty calm while on the phone and first addressing the responding officer.
He just said he shot someone he did not know and that there was a woman and a man with a truck.
No mention of self defense, robbery or any illegal act.
Audio of 911 call of Neighbor
http://www.kirotv.com/video/23295132/index.html