Shooting Someone On Your Own Property - Pensacola Fishing Forum

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Old 12-10-2015, 11:57 AM   #1
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Default Shooting Someone On Your Own Property

Here is a local news story/cautionary tale regarding shooting someone on your own property-
http://wkrg.com/2015/12/09/baldwin-county-birdshot-trial-begins/

BAY MINETTE, AL- The assault trial of a man accused of shooting a 19-year old Marine who was trespassing in his yard is underway in Bay Minette this week.
Mike Moss is charged with 2nd degree assault.
On May 20th, 2014, Moss shot Christian Valenti with a shotgun filled with birdshot. Valenti was hit more than 25 times and had dozens of pellet wounds from his head to his feet.
Valenti, who was 19 at the time and had completed his first year in the Marine Corps, was running from police after officers busted an open house party he was attending when the confrontation happened in Mossí backyard.
The defense claims Moss armed himself to confront Valenti, who was perceived as a threat, appeared to be drunk and was showing erratic behavior.
Prosecutors say Valenti wasnít a threat, but was just a frightened and panicked teenager.
Moss faces up to ten years in prison if convicted.
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Old 12-10-2015, 12:10 PM   #2
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I'm sure there's more to the story that's not being told as there always is
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Old 12-10-2015, 12:43 PM   #3
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I've read a lot of "what if" threads on different forums and it seems some people are just dying to legally shoot somebody.
You don't shoot somebody unless your (or somebody else's) life is in danger.
Period.
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Old 12-10-2015, 01:09 PM   #4
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If your in your home and they (an active burglar) enter with out your permission, then that should equal fear of life . Make sure they drop inside your home. Preferably shoot while they are advancing towards you, not as they are running away from you.

Last edited by Chapman5011; 12-10-2015 at 01:11 PM.
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Old 12-10-2015, 01:34 PM   #5
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You better read your State Law and make yourself a 'Checklist' if you think this may ever happen to you. If you are then involved in such an incident you should refuse to answer ANY questions regarding the incident until your Attorney arrives. There are times when, in the adrenalin fueled aftermath of such an encounter, you can make mis-statements of the facts or your perception can be blurred and you won't be able to take those back.

Who knows what happened here but if the kid was just leaving a raided party and trying to hide, I wouldn't think that he needed shooting. If he was acting in a threatening manner, that may be another matter. I suspect he was shot in the back as he tried to retreat and that is why the homeowner was charged and indicted.

Your home is no longer 'Your Castle' except as the law defines it.

Years ago, if you shot someone, with Rock Salt, who was siphoning gasoline from your truck, nobody would even bother to make a case out of it and even the perpetrators would, pretty much, admit that it was fair play; but as our population becomes more urban, you stand a chance of being convicted of assault for defending your property and maybe you should be if you use excessive force. When you get to court, it's all about who puts on the best SHOW.

Sounds like there is a ground swell of sympathy being built up here because there is a teenager and a Marine involved as the 'victim'. Fact is, teenagers and members of the military are some of our finest citizens and in other cases they commit crimes and sometimes those crimes are of a heinous nature.

Let the jury hear what facts and testimony is presented and decide if the 'Innocent until proven guilty' defendant is indeed 'Guilty'.
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Last edited by BlueWaterWarrior; 12-10-2015 at 01:55 PM.
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Old 12-10-2015, 06:36 PM   #6
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I agree, there is more to this story. Shooting a drunk who happens to be in your yard seems to be extreme. I was always under the impression that by law you could not shoot someone unless you were in danger of your life or property. But if it was as stated, just a drunk person who came into his yard but was not actually a threat of bodily harm, and he gets away with it then that means we can all shoot whoever happens to step onto our property.

If it was as the article says and the guy was just drunk and hiding from the police but not a danger to the homeowner, then he should be charged. If he was threatening the homeowner with bodily harm then he should be found innocent.

But need the rest of the story to really say one way or the other..
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Old 12-10-2015, 06:50 PM   #7
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Following up on this story is probably a good idea for all the PFFer's posting up how they will drop the hammer on the bad guys hypothetically or otherwise.
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Old 12-10-2015, 08:22 PM   #8
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Man...actually some common sense statements going on here! What happened to all the cowboys? Did they not see the thread?

All seriousness like others have said, there is more to this story and the home owner wouldn't be on trial if it was legit. Your home is your castle but not your yard. If there is a subject in your yard, by all means you can confront them but cannot just shoot them fer being in your yard. It would have been a smarter move fer the homeowner to go inside and dial 911 to say he has a subject in his yard. Now if said subject comes inside, that would be a threat and the home owner wouldn't be involved in a trial.

Cases like this happen around here (minus the shooting so far). LEO's go to open house parties all the time and what happens when the kids see the police? They scatter like roaches when the lights come on!!! Then neighbors call because they see kids in their back yards. Older generation folk sometimes have the belief they are justified in shooting someone in their yard.

Unfortunately folks don't think about what could happen....tragic events like shootings and such are the aftermath. Only good thing about this would be the Marine didn't get killed. I'm sure there are folks like me and many times I go out in the yard w/ a gun when I let the dogs out. So what happens when I'm in the yard and someone runs through? I'd yell at em and then go call LEO's. I wouldn't fire a warning shot, I wouldn't yell stop or I'll shoot but others might or worse might even shoot!!! Kids don't think about this, they only think about getting away from LEO's.

Any of ya'll that have teenage kids out there may want to have a discussion w/ them. I know I sure have with mine about what ifs....I did alot of stupid crap when I was younger and try to educate my kids about this so hopefully no/little issues arise....

Using deadly force is a last resort, so if you can honestly justify well rounded fear but when you confront instead of subject confronting you...kinda hard to justify it.
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Old 12-10-2015, 08:37 PM   #9
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The cowboys are most likely trying to get to the next level of Call of Duty.....
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Old 12-10-2015, 08:58 PM   #10
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^ I think I'm starting to like this guy.
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