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  1. #1
    Join Date
    Dec 1969
    Location
    Shepherdsville
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    5,596
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    Re: Don't get me wrong, I agree, but

    Quote Originally Posted by llg View Post
    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.

  2. #2
    Join Date
    Oct 2010
    Location
    Lexington, Ky
    Posts
    178
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    Re: Don't get me wrong, I agree, but

    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

  3. #3
    Join Date
    Jan 2007
    Location
    Louisville, KY
    Posts
    2,538
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    Re: fisherman pistol-whipped in Jessamine County

    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.

  4. #4
    Join Date
    Aug 2011
    Posts
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    Re: fisherman pistol-whipped in Jessamine County

    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.

  5. #5
    Join Date
    Dec 1969
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    Re: Don't get me wrong, I agree, but

    Quote Originally Posted by Tim_T View Post
    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.

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