fisherman pistol-whipped in Jessamine County

[jcclark]

I'm surprised this doesn't happen more often.
Many times I've been nervous returning to the ramp late
and no one there. It's a perfect place for it.
Guys with mullets huh,they should be easy to spot.(LOL)

[Tim_T]

Be prepared for the legal battles. You can't kill just one of three because the other two will have a different story for the Judge and jury. You have to kill all three. No witnesses. Even then, you can have trouble. Here is a link where the parents of a burglar sued for wrongful death--for the burglar's 3 year old daughter and won $300,000 because the burglar did not intend to hurt anybody.
http://www.gunreports.com/news/news/...766a:&st=email

It's wrong, but that is the way this crazy country is.

This is exactly the type of situation the Kentucky's Castle Doctrine was designed to stop. They cannot sue for wrongful death if it was self defense. If he puts the other two in a wheelchair for life, as long as it was self defense he has no worries about lawsuits. Also with this law, you are no longer required to retreat.

[Moon~Shaun]

I got new for you guys the judicial system is screwed up, it is not to protect the innocent but to protect the criminals, lawyers make the laws and criminals pay them to get them through the loopholes that they themselve create. I think it is terrible what happened to this man but if he were to have shot them the way our system is he would be in jail, I am not saying this is right by all means but it is the truth. I have no faith in our system what so ever these criminals have nothing to loose so they fight it and seem to win most of the time. When it comes down to it, it's all about money if the let them
Go then they know it will happen again therefore courts and lawyers make more money. Just my two cents and not trying to upset anyone with this post it's just the way I feel

[RoadToad]

I'm not upset at all, Moon, and I hope I don't upset you when I say I think you're dead wrong, although Tim I don't know that the Castle Doctrine applies if you're wading in a creek, unless maybe it's running through your property. But it's just self defense, plain and simple. If you even think you're under threat of death or great bodily harm, you have the right to use deadly force, and all you have to prove is that "a reasonable person" would think they were being threatened, which he clearly was since his attacker produced a pistol. The only way he would end up in jail would be if he shot the other two unnecessarily.

[rdenny]

Please research the castle doctrine further. It is a very limited doctrine and would not have been applicable in the current circumstance, even if the creek was on his private property. The castle doctrine is only a very small element of self defense law.

Also, it is well worth the time to research self defense in KY if you plan to utilize any form of self defense (deadly or not). I am firm believer that a person has the right to defend themselves, including the use of deadly force if necessary. I just don't want good people (the people on this board) to be held liable in criminal or civil court because they did not fully understand the law regarding self defense.

I don't mean to ruffle any feathers. If I did, I am sorry. As I said, I just don't want good people to end up in a bad situation.

[BuckhrnBasser]

This is exactly the type of situation the Kentucky's Castle Doctrine was designed to stop. They cannot sue for wrongful death if it was self defense. If he puts the other two in a wheelchair for life, as long as it was self defense he has no worries about lawsuits. Also with this law, you are no longer required to retreat.

If they are in your house, you can hide in a broom closet and shoot them. You dont have to retreat, make an attempt to retreat, etc. Just call the coroner and tell the to bring a toe tag for the burglar and anyone else that is in your house unannounced. The family of the fiends cannot due if it is in you house.

[TimE]

Thug would have been good shoot!

KRS 503.055

3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force, if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a felony involving the use of force.

[Todd2]

There's an old saying, "Better to be judged by 12 than carried by six".

You got that right. Back in the summer of 05, me and some buddies were camping at Red River Gorge. There was about 6 or 7 of us and we were all in separate tents at a little spot by a creek. Sometime in the middle of the night we started hearing gun shots getting closer and closer. One by one our guys started waking up and talking through the tents. It just so happened that I was the only one packing.

The shots got closer and I could peek out and see 3 drunk skin heads shooting their guns down in the creek bed. It went on for about an hour and then they stumbled up through our camp. Now keep in mind, we had 6 or 7 tents, which means at least 6 or 7 people but these 3 drunks starting calling us out. I won't use the language here, but they were firing up in the air and was within 15 feet from my tent, and calling us every name in the book to come out. They had been firing all night with semi-automatics and all I had was a 32 Mag Revolver so I knew I didn't want to come out firing unless I heard one of my guys scream out or something. One came right beside my tent and I could see his shadow from his light. I pulled back the hammer and had my bead on him. I swear I think if he had fired one more shot I would have killed him. He backed off and made some drunk comment about him getting shot (if he only knew how close he was), and all three went on up the hill away from us firing their guns all the way up the hill. We were all pretty shook up and that's the closest I ever came to having to kill someone. I bet I didn't go back to sleep for 2 hours. Not sure what a jury would've said and I'm glad it ended the way it did. The next day we saw them again, probably 20 of them this time. Every single one of them was packing, we didn't have any problems.

[TimE]

You got that right. Back in the summer of 05, me and some buddies were camping at Red River Gorge. There was about 6 or 7 of us and we were all in separate tents at a little spot by a creek. Sometime in the middle of the night we started hearing gun shots getting closer and closer. One by one our guys started waking up and talking through the tents. It just so happened that I was the only one packing.

The shots got closer and I could peek out and see 3 drunk skin heads shooting their guns down in the creek bed. It went on for about an hour and then they stumbled up through our camp. Now keep in mind, we had 6 or 7 tents, which means at least 6 or 7 people but these 3 drunks starting calling us out. I won't use the language here, but they were firing up in the air and was within 15 feet from my tent, and calling us every name in the book to come out. They had been firing all night with semi-automatics and all I had was a 32 Mag Revolver so I knew I didn't want to come out firing unless I heard one of my guys scream out or something. One came right beside my tent and I could see his shadow from his light. I pulled back the hammer and had my bead on him. I swear I think if he had fired one more shot I would have killed him. He backed off and made some drunk comment about him getting shot (if he only knew how close he was), and all three went on up the hill away from us firing their guns all the way up the hill. We were all pretty shook up and that's the closest I ever came to having to kill someone. I bet I didn't go back to sleep for 2 hours. Not sure what a jury would've said and I'm glad it ended the way it did. The next day we saw them again, probably 20 of them this time. Every single one of them was packing, we didn't have any problems.

I'm guessing that you don't carry a .32 mag anymore? Sounds like it would be useless in that situation. More like a lady gun.


Buy a glock and mags. I swear i love people who carry, first i know they are good people, second i know i will never encounter a situation like you did.

[MrSplitshot]

It is my understanding that the Castle Doctrine does not apply to only your home....it applies to anywhere you have a legal right to be. I'm also smart enough to know that while I may not HAVE to retreat, per the law in Kentucky, I will certainly retreat whenever possible if I can avoid a threat.

If three guys approach me while I'm in a creek fishing, retreat is probably not an option. If one of them threatens my life, or serious bodily harm, I will protect myself with lethal means without hesitation. The reaction of the other 2 will determine their fate at that point. If they retreat, so be it.

I could, however, see the whole "anywhere you have a legal right to be" thing twisted by an attorney and used against me. Did I have a legal right to be in that creek, or was I trespassing? Regardless, I'll protect my life from a thug and take my chances with a jury of my peers.

[LJP]

I would rather be judge by 12, then carried by 6.

[Tom523]

Be prepared for the legal battles. You can't kill just one of three because the other two will have a different story for the Judge and jury. You have to kill all three. No witnesses. Even then, you can have trouble. Here is a link where the parents of a burglar sued for wrongful death--for the burglar's 3 year old daughter and won $300,000 because the burglar did not intend to hurt anybody.
http://www.gunreports.com/news/news/...766a:&st=email

It's wrong, but that is the way this crazy country is.

I gues it would be better to leave 3 floaters then. Somebody will find them.