Who is to blame?

Leo
Scribe

Posts: 87

Who is to blame? Jan 6, 2014 15:06:59 GMT

Quote

Post by Leo on Jan 6, 2014 15:06:59 GMT

Distraught Bronze Star-winning stepdad who shot girl dead 'as she tried to sneak into the house' could face no charges under 'Make My Day' law

2nd Lt Daniel Meade, 29, has been identified as the stepfather who shot his daughter in Colorado Springs Monday
Kiana O'Neil, 14, was entering the home when her stepfather shot her and it's unclear as to whether he mistook her for a burglar

Police say the girl was struck in the chest and stomach

Colorado residents are allowed to own guns and fire at intruders as part of the 'Make My Day' law instated in 1985

It has yet to be decided whether or not charges will be filed against Mr Meade

www.dailymail.co.uk/news/article-2528912/Pictured-Girl-14-shot-dead-stepfather-mistaken-burglar-trying-sneak-house.html

This was discussed at another place, and nearly half the comments were to the effect that it was just an unfortunate accident, and the girl was mostly to blame for 'sneaking out'.

I do not agree - I believe the stepfather was in the wrong for not identifying his target before opening fire. This is a tragedy, and I have deliberately not raised it as a gun control issue, but rather a legal one, because I want to avoid all the partisan crap that the subject of gun control generates amongst Americans. I feel that the step-father's actions were little short of criminal, and that he should be charged accordingly.

What is your opinion?

Last Edit: Jan 6, 2014 15:09:03 GMT by Leo

fred
Contributor

Love is far better than hate

Posts: 189

Who is to blame? Jan 7, 2014 22:04:24 GMT

Quote

Post by fred on Jan 7, 2014 22:04:24 GMT

Jan 6, 2014 15:06:59 GMT Leo said:

Distraught Bronze Star-winning stepdad who shot girl dead 'as she tried to sneak into the house' could face no charges under 'Make My Day' law

2nd Lt Daniel Meade, 29, has been identified as the stepfather who shot his daughter in Colorado Springs Monday
Kiana O'Neil, 14, was entering the home when her stepfather shot her and it's unclear as to whether he mistook her for a burglar

Police say the girl was struck in the chest and stomach

Colorado residents are allowed to own guns and fire at intruders as part of the 'Make My Day' law instated in 1985

It has yet to be decided whether or not charges will be filed against Mr Meade

www.dailymail.co.uk/news/article-2528912/Pictured-Girl-14-shot-dead-stepfather-mistaken-burglar-trying-sneak-house.html

This was discussed at another place, and nearly half the comments were to the effect that it was just an unfortunate accident, and the girl was mostly to blame for 'sneaking out'.

I do not agree - I believe the stepfather was in the wrong for not identifying his target before opening fire. This is a tragedy, and I have deliberately not raised it as a gun control issue, but rather a legal one, because I want to avoid all the partisan crap that the subject of gun control generates amongst Americans. I feel that the step-father's actions were little short of criminal, and that he should be charged accordingly.

What is your opinion?

Sadly, way too ,any Americas are "John Wayne" wannabes who think a gun is essential for daily life and pray for prey in the form of a burglar or an unarmed black man to walk past their car so they can shoot him and claim 'stand your ground'.
Frankly, their bloody idiots and their stupidity guarantees this sort of thing happening.

ShivaTD
Essayist

Posts: 2,969

Politics: Libertarian

Who is to blame? Jan 8, 2014 11:52:48 GMT Leo likes this

Quote

Post by ShivaTD on Jan 8, 2014 11:52:48 GMT

Who is to blame is simply. The politicians are ultimately to blame if the man isn't prosecuted and convicted.

Based upon the "common law" that has been incorporated into statutory law a person has a right to use deadly force when they are threatened with imminate serious bodily harm or death. It is the obligation of a person using deadly force to establish a rational basis for believing that they faces a situation of imminate serious bodily harm or death.

The stepfather obviously failed to establish a rational basis for believing he faced a situation of imminate bodily harm or death by his stepdaughter as he failed to even take the time to identify who he was shooting. IMO this is a clear case of second degree murder (i.e. it lacked premeditation necessary for first degree murder) and he should be prosecuted. If the law allows him to not be prosecuted and convicted then the fault lies with the politicians.

BTW Please note that the "common law" never allowed the use of deadly force to protect property. Ownership and possession of property has always been a civil matter.

Last Edit: Jan 8, 2014 11:54:47 GMT by ShivaTD

You give a pothead marijuana with nothing to smoke out of and suddenly they become engineers.

iolo Contributor Posts: 210	Who is to blame? Jan 14, 2014 18:22:01 GMT Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by iolo on Jan 14, 2014 18:22:01 GMT The NRA is to blame, as always. (too succinct, alas!)

fred Contributor Love is far better than hate Posts: 189	Who is to blame? Jan 15, 2014 12:41:41 GMT Quote Select Post Deselect Post Link to Post Member Give Gift Back to Top Post by fred on Jan 15, 2014 12:41:41 GMT I see some ex cop popped a cap in some poor sod's ass for complaining about texting at the cinema. I also see the gun lobby (on other forums) defending his right to carry a gun. Bloody idiots.

Post by Leo on Jan 6, 2014 15:06:59 GMT

Post by fred on Jan 7, 2014 22:04:24 GMT

Post by ShivaTD on Jan 8, 2014 11:52:48 GMT

Post by iolo on Jan 14, 2014 18:22:01 GMT

Post by fred on Jan 15, 2014 12:41:41 GMT