Man enters wrong house, gets shot

cawacko

cawacko

Well-known member
Anyone know what the California law states for a situation like this?


A 24-year-old South San Francisco man is in the intensive care unit after he allegedly tried entering the wrong Foster City house after a night of drinking and a visitor at the home mistook him for an intruder and shot him, police said.

Authorities believe the 24-year-old thought the house on the 600 block of Crane Avenue was his friend’s home when he went inside at about 4:20 a.m. Sunday.

A visitor at the house heard the man lurking outside and then enter the home. Capt. Jon Froomin said the visitor then fired two or three shots at the man with a gun that was not registered to him.

Froomin said he is unsure about how many bullets actually hit the man.

Froomin could not release his condition, but police have been unable to interview him. The friends he was drinking with that night told authorities that it was possible he had entered the wrong house by mistake.

Police arrested neither the shooter nor the man, but passed the information on to the district attorney’s office to make a charging decision.



http://blog.sfgate.com/crime/2012/03/26/man-enters-wrong-foster-city-house-gets-shot/?tsp=1
 
cawacko said:
Anyone know what the California law states for a situation like this?


A 24-year-old South San Francisco man is in the intensive care unit after he allegedly tried entering the wrong Foster City house after a night of drinking and a visitor at the home mistook him for an intruder and shot him, police said.

Authorities believe the 24-year-old thought the house on the 600 block of Crane Avenue was his friend’s home when he went inside at about 4:20 a.m. Sunday.

A visitor at the house heard the man lurking outside and then enter the home. Capt. Jon Froomin said the visitor then fired two or three shots at the man with a gun that was not registered to him.

Froomin said he is unsure about how many bullets actually hit the man.

Froomin could not release his condition, but police have been unable to interview him. The friends he was drinking with that night told authorities that it was possible he had entered the wrong house by mistake.

Police arrested neither the shooter nor the man, but passed the information on to the district attorney’s office to make a charging decision.



http://blog.sfgate.com/crime/2012/03/26/man-enters-wrong-foster-city-house-gets-shot/?tsp=1
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was the intruder armed in any way?
 
Not sure this is chargeable, but I'm not up on californian law. However in Colorado this might be legal. You wander into somebody else's house at 4 in the morning round here, you probably will get shot.. Especially since in the town I live there's quite a bit of gang problems.
 
probably won't matter what the law is. in san fran, people are notoriously anti gun. the DA will probably charge attempted murder and a jury will convict. he'll spend 5 years or so in prison until his appeal overturns his conviction.
 
SmarterThanYou said:
probably won't matter what the law is. in san fran, people are notoriously anti gun. the DA will probably charge attempted murder and a jury will convict. he'll spend 5 years or so in prison until his appeal overturns his conviction.
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Would it be better if people were pro gun, and shooting like this were allowed?
 
Onceler said:
Would it be better if people were pro gun, and shooting like this were allowed?
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do you believe that a person should have nothing to fear or should be forced to retreat from their homes when a complete stranger intrudes in their home? would it be better if we let the criminals run amok?
 
SmarterThanYou said:
probably won't matter what the law is. in san fran, people are notoriously anti gun. the DA will probably charge attempted murder and a jury will convict. he'll spend 5 years or so in prison until his appeal overturns his conviction.
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the event did not take place in sf, but in south sf, a separate municipality and politically different
 
SmarterThanYou said:
do you believe that a person should have nothing to fear or should be forced to retreat from their homes when a complete stranger intrudes in their home? would it be better if we let the criminals run amok?
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it would help if he were armed, at least under ca law, however, the usual thing told to homeowners by cops is 1. make sure that the intruder is in the house (in other words drag him in) 2. make sure that there is a weapon in his hand (take a knife from the kitchen and put it in his hand, especially if he is dead)

however, i am not up on the recent changes in ca law regarding using deadly force against an intruder

but, i think that most juries would acquit in this circumstance, but i would not want to bet my freedom on it
 
SmarterThanYou said:
do you believe that a person should have nothing to fear or should be forced to retreat from their homes when a complete stranger intrudes in their home? would it be better if we let the criminals run amok?
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we have deadbolts on every exterior door and keep them locked...unless one of us is out in the yard
 
Don Quixote said:
the event did not take place in sf, but in south sf, a separate municipality and politically different
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Actually it took place in Foster City which is about 15 miles south of San Francisco. Foster City is not as liberal as S.F. but it still votes Democratic.
 
Johnny Rocketfingers said:
And? I should HAVE to lock my doors? Why shouldn't people HAVE to check to make sure it's the right house?
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nor should people be wandering around drunk,

but i prefer the security of a locked house and yes, i would prefer not to have to be sure to keep my doors and windows locked, but how much do you want to pay for police protection?
 
Don Quixote said:
nor should people be wandering around drunk,

but i prefer the security of a locked house and yes, i would prefer not to have to be sure to keep my doors and windows locked, but how much do you want to pay for police protection?
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I don't pay for police protection. Firstly police do not 'protect' anything. They investigate and arrest those who already violated my rights/property. Secondly, I protect myself. And when I'm home, the door is always unlocked.
 
Don Quixote said:
nor should people be wandering around drunk,

but i prefer the security of a locked house and yes, i would prefer not to have to be sure to keep my doors and windows locked, but how much do you want to pay for police protection?
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Police protection? The police figure out who killed you after you're dead. Any "protection" they render is by sheer coincidence. I'll trust in John Browning, thanks. The police can figure it all out later, as is their wont.
 
Onceler said:
How about those pesky Jehovah's witnesses?

Can we blast away at those guys too?
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I don't own a gun but if someone entered into my house at 4:20am I don't know how interested I would be in interviewing them and finding out what they were up to.

And do Jehovah's Witnesses enter into your house? I thought they just came to your front door.
 
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