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sarisataka

(18,656 posts)
Sat Apr 1, 2017, 06:34 PM Apr 2017

Woman who drove 3 slain in Oklahoma home invasion speaks out

Woman who drove 3 slain in Oklahoma home invasion speaks out

The woman who says she drove three teenagers to an Oklahoma home where they were fatally shot during a midday break-in told television reporters that she feels guilty, but not responsible for their deaths and that she has little compassion for the man who shot them.

Elizabeth Marie Rodriguez, 21, is jailed without bond on murder and burglary warrants in Wagoner County for the deaths of Maxwell Cook, Jacob Redfern and Jakob Woodruff at the home just outside the city limits of the Tulsa suburb of Broken Arrow. The Wagoner County sheriff's office says the three were between 15 and 19 years old.

Authorities have said the three were shot Monday by the homeowner's 23-year-old son, who has not been arrested, and that each was found masked, dressed in black and wearing gloves. A knife and brass knuckles were recovered at the scene.

"I understand he (the son) protected his home," Rodriguez told television station KOTV. "He had his rights." But she said he could have shot the three in the legs. "He's at the bottom of my list to be compassionate for," she said.
https://www.yahoo.com/news/woman-drove-slain-oklahoma-home-invaders-speaks-195102043.html

She later refers to the deaths as "murders". It poses an interesting question. Excessive force is not allowed but, in self-defense, does a victim have any duty to minimize injury to their assailant(s)?

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Woman who drove 3 slain in Oklahoma home invasion speaks out (Original Post) sarisataka Apr 2017 OP
No, the victim doesn't have a duty to minimize injury to the burglars. LisaL Apr 2017 #1
that does not mean that after you driven the invaders off your property Thomas Hurt Apr 2017 #4
They're dead because they decided to break into a stranger's home. Period. Warren DeMontague Apr 2017 #6
Warren of course that happens Thomas Hurt Apr 2017 #10
I suspect you will find that this person acted within those boundaries as per OK law. Warren DeMontague Apr 2017 #13
never said they didn't Thomas Hurt Apr 2017 #15
They're dead because of a violent home entry and failure to flee when challenged. Yo_Mama Apr 2017 #43
That would be excessive force sarisataka Apr 2017 #11
obviously Thomas Hurt Apr 2017 #14
That exact scenario happened years ago in my town. yardwork Apr 2017 #49
Same thing happened in my neighborhood. Ligyron Apr 2017 #51
charging her w murder is stupid, but we have for profit jails to fill nt msongs Apr 2017 #2
She has admitted to planning sarisataka Apr 2017 #3
That was the second time that the same group robbed the same house HoneyBadger Apr 2017 #21
felony murder Thomas Hurt Apr 2017 #8
If the situation was reversed and the home owner was killed. Should she be charged with murder? NWCorona Apr 2017 #9
I think that particular charge is questionable, however Warren DeMontague Apr 2017 #12
What she did is absolutely felony murder under the law. Foamfollower Apr 2017 #18
There is some logic to Felony Murder. NutmegYankee Apr 2017 #28
The only logic I see in felony murder charges are when an innocent person dies indie9197 Apr 2017 #35
You want to let her slide because the "wrong" people were killed? Hassin Bin Sober Apr 2017 #55
Think about it. Three counts of felony murder against someone who didn't kill anyone indie9197 Apr 2017 #76
Re: it was not a planned home invasion. sarisataka Apr 2017 #79
The knife was only there to slice oranges and apples in case the kids got a bit peckish. Hassin Bin Sober Apr 2017 #80
..and the brass knuckles were just in case they needed a emergency paper weight.. EX500rider Apr 2017 #81
Yeah, if you turn some city street in to the O.K. Corral, yes, you are responsible for ALL deaths... Hassin Bin Sober Apr 2017 #83
It's the absolute textbook case for felony murder (nt) Recursion Apr 2017 #36
Not really SomethingNew Apr 2017 #63
Actually, the accomplice dying is the textbook case. NutmegYankee Apr 2017 #69
Gotta disagree. SomethingNew Apr 2017 #87
The more I hear about and from her, Crunchy Frog Apr 2017 #40
Why do we give a shit about the opinion of the woman who was involved with a home invasion? Warren DeMontague Apr 2017 #5
My feelings exactly. LisaL Apr 2017 #7
It is unusual for a person sarisataka Apr 2017 #16
It's unusual in part because any lawyer worth their salt would tell them not to do it. Warren DeMontague Apr 2017 #17
Among her many "bad choices" sarisataka Apr 2017 #22
Re: death SomethingNew Apr 2017 #65
This is long settled area of the law. marybourg Apr 2017 #30
As I stated in another post sarisataka Apr 2017 #31
No, felony murder is different and doesn't carry the death penalty. Yo_Mama Apr 2017 #44
I had heard it reported sarisataka Apr 2017 #59
It's first degree murder by felony murder, if that makes any sense. In OK, not DP. n/t Yo_Mama Apr 2017 #66
I have *NO* sympathy whatsoever for her or her goon cronies. Archae Apr 2017 #20
Funny, I don't seem to feel a lot of compassion for *her*. nt tblue37 Apr 2017 #23
Because the "news" media is more interested in interviewing her than in journalism. yardwork Apr 2017 #47
THREE men. THREE. The shooter was going to be a victim of something, maybe even murder. WinkyDink Apr 2017 #19
No. It is believed mercuryblues Apr 2017 #24
What I really hate about this and what should be the primary ProudLib72 Apr 2017 #25
This is why an attorney wouldn't have let her speak - she is doing herself no good. Yo_Mama Apr 2017 #45
She can rot in jail. cwydro Apr 2017 #26
Criminals in Oklahoma should understand the risk...I shed no tears. beachbum bob Apr 2017 #27
:popcorn: :popcorn: :popcorn: :popcorn: :popcorn: :popcorn: :popcorn: Demonaut Apr 2017 #29
She needs to accept responsibility for being the one who drove them to their deaths luvMIdog Apr 2017 #32
When they entered house, they sealed their fate. Just don't like gunners using these rare incidents Hoyt Apr 2017 #33
No. Adrahil Apr 2017 #34
The burglars did not announce with a megaphone that they carried no firearms. DFW Apr 2017 #37
And drives away when she hears gunshots. I don't know whether the one kid could have been saved, Yo_Mama Apr 2017 #46
Agreed in all points. yardwork Apr 2017 #48
That woman is a textbook manipulator who is still at it Lee-Lee Apr 2017 #38
+1 dalton99a Apr 2017 #50
Disgusting! Hope she spends the rest of her life behind bars. Crunchy Frog Apr 2017 #39
Once upon a time in my neighborhood tavernier Apr 2017 #41
NO, because self-defense is only allowed when one is in fear of life or limb. Yo_Mama Apr 2017 #42
I posed the question sarisataka Apr 2017 #58
This case horrifies me; I think it requires seriousness. Yo_Mama Apr 2017 #62
I find I learn the most when sarisataka Apr 2017 #67
Well, in that spirit, here's my reply. Yo_Mama Apr 2017 #71
We are in agreement about self-defense neccessity sarisataka Apr 2017 #74
"home is your castle laws" date back the 17th Century. NutmegYankee Apr 2017 #84
My friend, Bulldog, an ex marine, shot two ghostsinthemachine Apr 2017 #52
I'm sorry for your friend janterry Apr 2017 #54
I know a guy who shot three. Absolutely justified, and he did it as a last resort to Yo_Mama Apr 2017 #57
Contrary to the belief sarisataka Apr 2017 #60
You pose a complex question janterry Apr 2017 #53
It's clear from the 911 call that the owner's son (shooter) didn't want the burglers to die. NutmegYankee Apr 2017 #68
wasn't it also some kind janterry Apr 2017 #70
It wasn't an automatic. NutmegYankee Apr 2017 #72
WTF? Now victims have to be expert marksmen? McCamy Taylor Apr 2017 #56
Yeah I agree...if 3 guys all in black and masks broke in... EX500rider Apr 2017 #61
Zero sympathy for masked and armed home invaders Calculating Apr 2017 #64
Why I started a discussion on a victim's 'duty'- sarisataka Apr 2017 #73
"[Victim of her crime is] at the bottom of my list to be compassionate for," [getaway driver] said. aikoaiko Apr 2017 #75
oh HELL no!!!! samnsara Apr 2017 #77
i took a firearm safety class from an ex cop who told us that if theres an intruder... samnsara Apr 2017 #78
She's lucky to be alive, the kids she manipulated weren't so lucky steve2470 Apr 2017 #82
The grandfather of one of the wasted thugs sounds like a real piece of work Henry Krinkle Apr 2017 #85
No sympathy. linuxman Apr 2017 #86

Thomas Hurt

(13,903 posts)
4. that does not mean that after you driven the invaders off your property
Sat Apr 1, 2017, 06:48 PM
Apr 2017

you shoot them in the back, as an example.

Warren DeMontague

(80,708 posts)
6. They're dead because they decided to break into a stranger's home. Period.
Sat Apr 1, 2017, 06:51 PM
Apr 2017

Play stupid games, win stupid prizes.

Thomas Hurt

(13,903 posts)
10. Warren of course that happens
Sat Apr 1, 2017, 06:53 PM
Apr 2017

and rightly so, but not every home invader sticks around to get shot at....

your right to self defense has boundaries, no matter how self righteous you might be feeling at having your home violated.

Yo_Mama

(8,303 posts)
43. They're dead because of a violent home entry and failure to flee when challenged.
Sun Apr 2, 2017, 08:35 AM
Apr 2017

If you are breaking into a home and someone calls out, a rational person would turn tail and run. The young man who shot ended up locked in his bedroom - if they had just left they'd be alive.

This is awful. I can't comprehend why she doesn't feel responsible. One of the boys was 15 or 16. Who uses kids as cannon fodder?

yardwork

(61,622 posts)
49. That exact scenario happened years ago in my town.
Sun Apr 2, 2017, 08:57 AM
Apr 2017

The shooter was acquitted. He did chase the intruders from his home and he did shoot one of them in the back as they fled, and that person died.

Personally, I thought he should not have shot at them as they fled but I wasn't on the jury. People feel very strongly about this. I would think twice about being a burglar.

Ligyron

(7,633 posts)
51. Same thing happened in my neighborhood.
Sun Apr 2, 2017, 09:48 AM
Apr 2017

Burglar shot while fleeing and they tried to prosecute him. Waste of time (and money) as jurors found him innocent in ten minutes.

These cases are rarely prosecuted anymore as almost no jury will convict under these circumstances.

Oh, and trying to shoot to wound? Never happens like in the movies where the Lone Ranger shoots the bad guy's gun out of his hand. Normal people are scared to death in these situations and take no chances instead going for center mass.

sarisataka

(18,656 posts)
3. She has admitted to planning
Sat Apr 1, 2017, 06:47 PM
Apr 2017

the crime that led to their deaths. She also had them go into the main house to steal more items. Is that not sufficient to make her responsible for their deaths?

If she is not responsible, should anyone be held accountable for the deaths of the three teens?

 

HoneyBadger

(2,297 posts)
21. That was the second time that the same group robbed the same house
Sat Apr 1, 2017, 07:10 PM
Apr 2017

4 robbers seems excessive considering that they were making multiple trips

Warren DeMontague

(80,708 posts)
12. I think that particular charge is questionable, however
Sat Apr 1, 2017, 06:54 PM
Apr 2017

the rest of it.. sorry, getting shot is an occupational hazard of breaking into strangers' homes to steal their shit.

 

Foamfollower

(1,097 posts)
18. What she did is absolutely felony murder under the law.
Sat Apr 1, 2017, 07:03 PM
Apr 2017

She is completely 100% responsible for the deaths of three people.

She mst pay the penalty.

NutmegYankee

(16,199 posts)
28. There is some logic to Felony Murder.
Sat Apr 1, 2017, 08:05 PM
Apr 2017

If an individual decides to engage in a serious crime (Felony), then they should be responsible for all consequences of that act, whether intentional or not. Breaking into an occupied dwelling is a felony and as a consequence of that crime, three people lost their lives. The 4th surviving accomplice should be held accountable for those consequences.

indie9197

(509 posts)
35. The only logic I see in felony murder charges are when an innocent person dies
Sun Apr 2, 2017, 04:20 AM
Apr 2017

during the commission of a felony, not a perpetrator. No wonder our prisons are full. I wonder what percentage of lifers are in for felony murder.

Hassin Bin Sober

(26,330 posts)
55. You want to let her slide because the "wrong" people were killed?
Sun Apr 2, 2017, 11:20 AM
Apr 2017

She doesn't get off because the deaths she is responsible for were of "not innocent" people.

Society has a vested interest in penalizing people who illegally cause the death of others -- even criminals. When the cause is a violent felony like home invasion, it receives the harshest sentence.

When a street gang member murders another street gang member, we don't say "oh well he was a perpetrator too"

indie9197

(509 posts)
76. Think about it. Three counts of felony murder against someone who didn't kill anyone
Sun Apr 2, 2017, 03:13 PM
Apr 2017

or order someone to kill anyone. Why is she responsible for the three deaths? They are responsible for their own deaths, through their bad choices.

Also, it was not a planned home invasion. It was a planned burglary gone wrong. Totally different.

If I am in a street gang and get in a shootout with another street gang and one of my gang gets killed- You think I should be charged with murder along with the other gang? Sorry, but that is f*cked up logic and probably why most other countries and four U.S. states don't have a felony murder law.

sarisataka

(18,656 posts)
79. Re: it was not a planned home invasion.
Sun Apr 2, 2017, 03:29 PM
Apr 2017

The survivor has said they believed the home unoccupied.

But it seems she also states they put on masks, took their weapons before entering the house and after the first burglary. That indicates they had a suspicion there would be someone inside and therefore definitely be a home invasion.

Hassin Bin Sober

(26,330 posts)
80. The knife was only there to slice oranges and apples in case the kids got a bit peckish.
Sun Apr 2, 2017, 03:37 PM
Apr 2017

The masks were for sun protection.

Hassin Bin Sober

(26,330 posts)
83. Yeah, if you turn some city street in to the O.K. Corral, yes, you are responsible for ALL deaths...
Sun Apr 2, 2017, 04:18 PM
Apr 2017

... if you are otherwise guilty of a felony related to your shootout.

Obviously, self defense would preclude a felony charge/conviction (even gang members have successfully used self defense arguments).

But if you and your buddies set out to, say, ambush another gang, you absolutely should be held responsible for ALL deaths in your foray in to Wild West life.

The standard is, iirc, the death has to be a "foreseeable result of your action"

Your phrase - "burglary gone wrong" - how many times have you heard that phrase? What happens when a burglary goes wrong? People can often wind up dead. That's the point.

Don't do felony burglaries that turn in to home invasions and you will be ok. Don't do the crime if you can't do the time. It's really that simple.

I'm not unsympathetic to your position. I get it. And I will agree sometimes the felony murder statute gets overused - I mentioned upthread a case of a guy getting charged for a helicopter crash during his high speed chase. But these are gray areas that need to be worked out before a judge and jury.

I also think, just outright dismissing any culpability for her in those kids' deaths is wrongheaded.

SomethingNew

(279 posts)
63. Not really
Sun Apr 2, 2017, 01:15 PM
Apr 2017

A textbook FM case would be where one's accomplice kills an innocent person. There has actually be quite a lot of debate over whether a person should be held liable for FM when it is their own partner in crime that was killed by the victim or a bystander.

NutmegYankee

(16,199 posts)
69. Actually, the accomplice dying is the textbook case.
Sun Apr 2, 2017, 01:57 PM
Apr 2017

If the accomplice kills someone, they can be charged with regular murder. The textbook case is a husband and wife go to rob a bank and the guard shoots the wife dead. The husband can be charged with felony murder of his wife.

SomethingNew

(279 posts)
87. Gotta disagree.
Sun Apr 2, 2017, 05:44 PM
Apr 2017

The real core of the felony murder is that you can be charged with murder if someone dies as a result of your dangerous felony, regardless of intent. When discussing intended deaths caused by a third party, the far less controversial one is when your accomplice did the killing.

Criminal law is not my specialty so I'll grant that I may be misremembering but I'm pretty sure here.

Warren DeMontague

(80,708 posts)
5. Why do we give a shit about the opinion of the woman who was involved with a home invasion?
Sat Apr 1, 2017, 06:50 PM
Apr 2017

Oh, she doesn't have a lot of compassion for the person whose house she and her droogies were breaking into?

Well, that's not exactly surprising, is it.

sarisataka

(18,656 posts)
16. It is unusual for a person
Sat Apr 1, 2017, 07:01 PM
Apr 2017

involved in a crime to speak so openly. In this case, as in others, people have second guessed the actions taken by a victim. At the extreme, it has been proposed every time a person is killed, it should go to trial, even if the killed was the victim.

Also it questions what is the responsibility of a person who was instrumental in a crime, but not directly involved.

Warren DeMontague

(80,708 posts)
17. It's unusual in part because any lawyer worth their salt would tell them not to do it.
Sat Apr 1, 2017, 07:03 PM
Apr 2017

I question the murder charge for this woman, although she clearly bears some culpability--

but that's a long way from "screw the kid of the guy whose house got broken into, he's the real bad guy here"

sarisataka

(18,656 posts)
22. Among her many "bad choices"
Sat Apr 1, 2017, 07:10 PM
Apr 2017

is the decision to waive her right to an attorney. I can only speculate she believes complete cooperation will reduce her sentence.

I have no issue with the law charging a person committing a felon with the murder of anyone who dies in the process of the crime; but I am also open to reviewing the fairness of such a law. Depending on the state, it can truly be a matter of life and death.

I also support laws which shelter a victim from civil immunity if the actions they take in self-defense are deemed lawful.

SomethingNew

(279 posts)
65. Re: death
Sun Apr 2, 2017, 01:18 PM
Apr 2017

I'm not sure if any states allow the death penalty for felony murder. I'm pretty certain that TX doesn't.

sarisataka

(18,656 posts)
31. As I stated in another post
Sat Apr 1, 2017, 08:40 PM
Apr 2017

I have no issue with murder charges and believe they are appropriate. Others have been vehement that this is excessive. I am willing to listen to those opinions.

There are three options for charges. She faces charges in all three deaths, arguing that adults are responsible for themselves she only be charged with the deaths of those who were not legal adults or face no charges beyond the burglary. Additionally should the charges be murder one or something else.

So far I hold my position that the charges are appropriate.

Yo_Mama

(8,303 posts)
44. No, felony murder is different and doesn't carry the death penalty.
Sun Apr 2, 2017, 08:44 AM
Apr 2017

I don't have any problem with a felony murder charge in this case. You have the adult putting the adult teen and two minors in danger for personal gain. This is a case in which felony murder charges are not only warranted, but a gross injustice would be done if legal penalty for these deaths were not levied on her.

It's cases like these that justify the felony murder charge.

Here's a link to OK jury instructions for such cases:
http://www.okcca.net/online/oujis/oujisrvr.jsp?oc=OUJI-CR%204-65

sarisataka

(18,656 posts)
59. I had heard it reported
Sun Apr 2, 2017, 12:56 PM
Apr 2017

as both first degree murder and felony murder. I mistaken believed they were synonymous.

Archae

(46,328 posts)
20. I have *NO* sympathy whatsoever for her or her goon cronies.
Sat Apr 1, 2017, 07:04 PM
Apr 2017

They broke into that house with the intention of beating and stabbing the guy, and robbing him, at the instigation of that woman.

They deserve *NO* sympathy whatsoever.

mercuryblues

(14,532 posts)
24. No. It is believed
Sat Apr 1, 2017, 07:16 PM
Apr 2017

by law that if you can take the time to only injure, you weren't in fear for your life. The thieves had a knife and brass knuckles, they weren't there to bake cookies.

ProudLib72

(17,984 posts)
25. What I really hate about this and what should be the primary
Sat Apr 1, 2017, 07:21 PM
Apr 2017

argument here is that Rodriguez drove the teens to the house with the expressed purpose of burglary. She was also aware that the teens were armed (albeit with brass knuckles and a knife). She is guilty, guilty, guilty. And yet she assumes no responsibility. This is the major problem with our country. No one is willing to take responsibility for their actions. Where do you think people get the idea that they aren't responsible? When someone like tRump can shed responsibility and cast blame on everyone else it just goes to show how perverted our society has become.

Yo_Mama

(8,303 posts)
45. This is why an attorney wouldn't have let her speak - she is doing herself no good.
Sun Apr 2, 2017, 08:47 AM
Apr 2017

A jury would be enraged.

She needs trial by judge and she needs to show repentance and understanding.

The bottom line is that she was using kids as cannon fodder for her personal gain. This is quite heinous. It would be a very bad crime even if it hadn't ended in three deaths. That it did, and that she won't accept responsibility, introduces the element of depravity. This was terrible for her prospects.

 

Hoyt

(54,770 posts)
33. When they entered house, they sealed their fate. Just don't like gunners using these rare incidents
Sat Apr 1, 2017, 10:26 PM
Apr 2017

to rationalize and promote their sick gun habit, which is probably what robbers were looking for. The white wing racist NRA's lobby arm is all over this and when you look it up they are promoting Gorsuch.

 

Adrahil

(13,340 posts)
34. No.
Sat Apr 1, 2017, 11:18 PM
Apr 2017

Attempting to minimize injury can lead to disaster. Ince deadly force must be resorted to, neutralize the threat as quickly and absolutely as possible.

DFW

(54,397 posts)
37. The burglars did not announce with a megaphone that they carried no firearms.
Sun Apr 2, 2017, 05:11 AM
Apr 2017

I'm not for having assault weapons around the house, but as long as these people did, as soon as he saw masked intruders and ANY kind of a weapon, knife, Brass knuckles, even an ice pick, the resident had to assume it was not for the purpose of making sandwiches on their lunch break. Outnumbered one to three, and not knowing if they had firearms not in view, I can't say I would have reacted differently. Even if I were enough of a sharpshooter to shoot all three in the legs within a couple of seconds, how the hell do I know if one of them won't pull out a Beretta and put one between my eyes? I also find Rodriguez's stance rather cowardly. Plan the job, but get the boys to do the risky part, and she waits outside in the car.

Yo_Mama

(8,303 posts)
46. And drives away when she hears gunshots. I don't know whether the one kid could have been saved,
Sun Apr 2, 2017, 08:50 AM
Apr 2017

if she had stayed, but certainly she wasn't worried about their lives, was she? Callous, callous, callous.

She shouldn't be talking about this. She's making it all the worse.

 

Lee-Lee

(6,324 posts)
38. That woman is a textbook manipulator who is still at it
Sun Apr 2, 2017, 06:27 AM
Apr 2017

She was manipulating those three into doing the dirty work of stealing for her Tom pay her bills. I'll be willing to bet that isn't the first time they did that and they are not the first ones she has convinced to do something to cover her needs.

Now that she is caught she is doing interviews like this, no doubt ignoring her legal counsels advice, trying to keep playing that game. She thinks she can gain sympathy and manipulate public opinion enough to reduce her charges or sentence.

tavernier

(12,389 posts)
41. Once upon a time in my neighborhood
Sun Apr 2, 2017, 07:53 AM
Apr 2017

a man came around asking for food donations and a job. His left hand was amputated and a great deal of the left side of his face was missing. He told us that he had been in an explosion while serving in the military overseas.
We gave him money and food, a small trailer, furnishings,a bike, a car, a job at a service station, and our friendship.
Before long we discovered that he had a bit of a drinking problem but we aren't tea totalers and figured he had good reason.
He also had a short fuse, and within a month had started fights with several people in the neighborhood, explaining that one was beating his girlfriend and he was defending her, and other similar good guy excuses.
Eventually a neighbor called the police after one such incident and an accusation of theft, and they searched his home. He was arrested and jailed.
In his online arrest record we discovered that weapons were found in his home and being a felon on probation, this was a big no no. As it turned out, he had never served in the military but had lost his hand and face while commiting a home invasion, and to my memory it wasn't a one time thing.
Yes, we were suckered because most people want to be helpful and believing. After many discussions, we decided that we would probably continue to be helpful to those in need, but never again quite as trusting or innocent.

Yo_Mama

(8,303 posts)
42. NO, because self-defense is only allowed when one is in fear of life or limb.
Sun Apr 2, 2017, 08:33 AM
Apr 2017

Once the person poses no additional threat, the right to self-defense ends.

Not only is it not practically possible to shoot at the legs, in a case like this in which the defender would presume the attackers were armed, it would not get the job done. If you are going to shoot at all, you are going to shoot as best you can to take out the home invaders.

This is tragic, but the tragedy does not rest on the shooter. Anyone who sees three ninja-clad persons breaking into his/her home, and calls out that he/she is armed without getting them to go would have to presume that the invaders were armed. The fact that there was another person in the home (the father) makes the case for defense even stronger - even if one believes one has a safe way out, the other person probably doesn't.

The 911 call makes it clear that the young man was still in fear for his life - he was barricaded in his bedroom and wanted to be sure that the police were there before he unloaded his gun. He believed one of the attackers was still there, and was warning the police because he thought the attacker was highly dangerous.

This is such an open and shut case of justifiable homicide that I find your question irrational and almost inhumane. One doesn't have the duty to risk death or injury to defend the lives of criminals, which is what you are implying the standard should be. One certainly doesn't have to take that risk with regard to a family member. One most certainly doesn't have that duty when the three persons are crashing into the home.

sarisataka

(18,656 posts)
58. I posed the question
Sun Apr 2, 2017, 12:52 PM
Apr 2017

as it applies to more than just this case. Also I am willing to listen to those who challenge to my positions. If a good enough argument can be made, my position may evolve.

In any case of self-defense there will also be second guessers. It is understandable from other criminal associates but we often hear from commentators "why did he have to shoot to kill". 'Shoot their legs' (Ignoring the anatomical reality of likely fatality resulting from hitting the femoral artery) is often the least difficult expected trick shot a victim is asked to make.

Usually if a discussion of the position can be made, the root issue is the victim's choice of weapon used for defense. Some people have a serious antipathy to firearms and would rather they never be used defensively; victims should (in their opinion) use other means of defense even if it leaves them at a greater disadvantage. (you never hear someone claim rather than hitting them in the head a victim should have struck an assailant in the legs with the baseball bat or hit the knife out of their hands)

edit add> if the facts continue to be found true as originally presented, this will be a textbook case of proper self-defense. Victim used a weapon to rapidly end the threat, once the immediate threat was resolved he wisely retreated to a safer place, summoned police and medical help as soon as possible and gave precise information to allow the police to locate and differentiate the criminals and the victim.

Yo_Mama

(8,303 posts)
62. This case horrifies me; I think it requires seriousness.
Sun Apr 2, 2017, 01:12 PM
Apr 2017

It's a tragedy that two minor teens and one adult teen lost their lives. My God, their families. It's hideous to bury a teen - has to be worse when the teen is shot down committing such a crime. What do you do? What can you say? What's the funeral like? It's horrific.

This is going to blight the life of the shooter, even though right now it appears absolutely justified. Doesn't matter - he's going to suffer. Big time. I think people who try to cause more suffering to those who fought in self-defense are despicable. They revolt me.

But the absolute worst of this one, for me, is the idea that a young woman could use these boys this way. I'm not surprised she can't acknowledge what she's done - if she had much of a conscience, she wouldn't have done it in the first place. But somehow, the idea that she's going to talk herself into decades in prison makes it all even worse. Why pile the human wreckage higher?

I was reacting strongly to what I believe to be the immoral nature of such suggestions. I really do not find such questions ethically defensible. I do allow for the idea that such questions arise out of a natural human need to evade the horror of this, but still - the speaker is deriding the victim here to make the speaker feel better, and in my opinion, it's a vile thing to do. I don't think it should pass unquestioned and uncontested.

sarisataka

(18,656 posts)
67. I find I learn the most when
Sun Apr 2, 2017, 01:30 PM
Apr 2017

posing the most difficult questions. I evolved my view on the death penalty while discussing the murder of a child. The logic that led to me completely oppose the death penalty was if it is illegal/immoral for the parent to execute the know murderer of their child then why would it be legal/moral for the state to do so at a later date. (hypothetical events were added to an actual situation to assume certain scenarios)

I do know how such funerals go; I work part time in the funeral industry. Let's just say that services for victims or perpetrators of crimes who died in process are difficult. Very difficult.

My experience with criminals and those I know who are in corrections leaves me unsurprised by the woman's words. As a rule, criminals will not ever take responsibility for their actions or any results of those actions. Any admissions of guilt or remorse are usually an effort to avoid/reduce punishment

Yo_Mama

(8,303 posts)
71. Well, in that spirit, here's my reply.
Sun Apr 2, 2017, 02:08 PM
Apr 2017

The reason why it is wrong to ask that defenders try to shoot attackers in the legs first is that, in almost every circumstance, this would imply that someone who was using a weapon in self-defense really was not in immediate fear of life or limb (or someone else's life or limb). That's why I find it to be an immoral/irresponsible/dishonest question.

If one feels one has the margin (either by distance, superior weaponry, or ability to evade) that would allow non-lethal force, then one shouldn't be shooting at all. It really is that simple. Shooting at someone isn't non-lethal force. Aiming for the legs is not only less certain to stop the attacker, it is quite possibly going to result in shooting the torso. Nor are leg wounds necessarily non-fatal, as you observed.

Self-defense is self-defense. And the need for the self-defense must be immediate.

I can hardly imagine a situation in which a person would legitimately attempt to shoot an attacker in the legs. If the attacker doesn't have a weapon, and the defender has the weapon and the distance, then show the weapon and try to get the attacker to retreat. If the attacker has a weapon capable of inflicting an injury at a distance, shooting the attacker in the legs is not realistically protection of your life - the attacker would shoot back. If the defender doesn't know, and the attacker responds to challenge by advance, then the defender must assume a weapon or intent to injure on the part of the attacker.

About the only instance I can imagine in which the defender would shoot the attacker in the legs is if they are in a clinch and that's all the defender can shoot, which at least weakens the attacker.

Such a question is often a way of implicitly denying the defender's self-defense claim, and as such, it's dishonest. If the speaker wants to claim that the defender wasn't really in fear of life or limb, than the speaker should state that and debate that point.

It's idiots who ask such questions who got all the stand-your-ground, home is your castle laws passed, because the resulting inquiries were perceived by the public to be grossly unfair to the victim. Because they generally were!

sarisataka

(18,656 posts)
74. We are in agreement about self-defense neccessity
Sun Apr 2, 2017, 02:44 PM
Apr 2017

and actions one should take in defense; though perhaps disagree some on questioning situations.

You are also correct on the initial impetus for codifying SYG laws. Whether a real or perceived major issue, there were incidents of justice being turned on its head and crime victims forced to defend themselves criminally and civilly for actions taken to protect themselves from criminal assault.


In my post I have just added, I have compiled some differing opinions on self-defense and how a person acting in self-defense should be handled (even after statements have confirmed the victim's version of events)

NutmegYankee

(16,199 posts)
84. "home is your castle laws" date back the 17th Century.
Sun Apr 2, 2017, 04:21 PM
Apr 2017

It's the newer laws that remove the duty to retreat in public places, but Americans have always under common law had a right to defend themselves in the home. The premise is the home is your last refuge, so you have no duty to retreat from it.

ghostsinthemachine

(3,569 posts)
52. My friend, Bulldog, an ex marine, shot two
Sun Apr 2, 2017, 10:48 AM
Apr 2017

young burglars, breaking into his house. They were climbing in a bedroom window. Bulldog was tough, a pro kickboxer who had a bulldog tattooed on his bald skull.
Everyone made him a hero. He would go out and people he didn't even know would buy him drinks, pat him in the back., cover his tab etc. He would talk to me and I knew he was really hardtiming over killing two young people over stuff.

On the one year anniversary of that day bulldog took the same gun out, put it in his mouth and blew his brains out. He could never get past killing two kids.

 

janterry

(4,429 posts)
54. I'm sorry for your friend
Sun Apr 2, 2017, 11:01 AM
Apr 2017

I've worked with people who were in similar situations (what they did was justifiable, but the trauma of it followed them for years).

Sometimes people forget this - as though the shooting is a victory. It isn't . People do what they can in the moment, indeed - they have to - but it's still a terrible tragedy.

Yo_Mama

(8,303 posts)
57. I know a guy who shot three. Absolutely justified, and he did it as a last resort to
Sun Apr 2, 2017, 12:44 PM
Apr 2017

protect others when an home invasion/robbery by a gang turned into something much much worse.

But he's never recovered. The people who write as if anyone is happy about being driven to this extremity are rather vicious, in my opinion. That's not the way it is. That's not the way it works out.

sarisataka

(18,656 posts)
60. Contrary to the belief
Sun Apr 2, 2017, 01:05 PM
Apr 2017

that many people are looking for an excuse to kill, most people have an extreme aversion to killing. Even experienced combat veterans will kill with reluctance and experience PTSD afterwards.

Dave Grossman's book On Killing: The Psychological Cost of Learning to Kill in War and Society is a good read on the subject.

 

janterry

(4,429 posts)
53. You pose a complex question
Sun Apr 2, 2017, 10:56 AM
Apr 2017

Morally, yes, we all have a duty to minimize injury.

Legally, the son had a right to try to protect himself and his home. Did he use too much force? I don't know. He may have been experienced in using a firearm, but he was young - the situation frightening - and I assume he did the best he could. Indeed, he's alive.

I'm guessing that the police will rule that his use of force was justifiable (in a legal sense).

Perhaps it was also justifiable in what I'm framing as a moral question. Frankly, I don't feel like I'm in a position to question what happened. I'm sure that the police there have already done that. And the young man will, himself. This will be something he will have to recover from, too.

I don't want the young woman to rot in prison. She did the wrong thing. She was complicit in a crime - and what happened was frightening and dangerous. But I don't think she needs to be locked up forever - or we need to charge her for the murder of her friends (I guess this is the essence of the charge).

NutmegYankee

(16,199 posts)
68. It's clear from the 911 call that the owner's son (shooter) didn't want the burglers to die.
Sun Apr 2, 2017, 01:53 PM
Apr 2017

He asked for medical personnel to come to the house to help them, and he said at least one was hurt very badly. He locked himself in a bedroom and waited for police to arrive. Part of his fear was he believed at the time that he had hit two of the suspects and the third had not been hit and had run out the back door.

 

janterry

(4,429 posts)
70. wasn't it also some kind
Sun Apr 2, 2017, 02:07 PM
Apr 2017

of automatic weapon (fast firing) -
I'm guessing he barely knew what happened - since it was all happening so fast.
What a burden he'll have to live with. Even when you make the best choice for your situation - it's impossible to escape the fact that this will impact his life forever. Such a tragedy - I hope he has a lot of support in the future. It's very likely that he'll need it.

NutmegYankee

(16,199 posts)
72. It wasn't an automatic.
Sun Apr 2, 2017, 02:43 PM
Apr 2017

It was a standard single fire with each trigger pull like most modern civilian weapons. That said, people tend to squeeze quickly in fear. Police officers often discharge their entire pistol magazine (~13-15 rounds) in 5-6 seconds when confronted with a deadly threat. Firing that fast probably accounts for the low hit rate by police as the rounds just spray all over.

McCamy Taylor

(19,240 posts)
56. WTF? Now victims have to be expert marksmen?
Sun Apr 2, 2017, 11:28 AM
Apr 2017

My advice, if three armed and masked people break into your home, shoot for the largest/easiest target--the torso. And--hate to say it--but consider the double tap, because the last thing you want is one of them pulling himself up from the ground behind you and shooting you in the back.

These kids went in prepared for violence. They got violence. Yes, they were too young to understand what they were doing. But that did not take away their intended victim's right to survive.

Their getaway driver is now party to capital murder of children, since these were kids that she drove into harm's way.

EX500rider

(10,849 posts)
61. Yeah I agree...if 3 guys all in black and masks broke in...
Sun Apr 2, 2017, 01:07 PM
Apr 2017

....and weren't a police SWAT team, I would be very scared of their intentions and they would each get at least 2 or 3 rounds each. They could have vests on for all I know.

Calculating

(2,955 posts)
64. Zero sympathy for masked and armed home invaders
Sun Apr 2, 2017, 01:17 PM
Apr 2017

If three thugs wearing masks and armed with weapons are breaking into my house, I'm going to assume they're not there to play nice. I'm gonna get out my semi-auto rifle and deal with the threat. Too many horror stories about home owners and their family getting murdered, tortured, raped, and burned alive by groups of home invaders.

sarisataka

(18,656 posts)
73. Why I started a discussion on a victim's 'duty'-
Sun Apr 2, 2017, 02:44 PM
Apr 2017

Alternative views on self-defense:

Something seems out of place here. Self defense says the article. I wonder if he gave warning shots first. Just seems so horrible.


Justified; but probably a sociopath that took pleasure in his license to murder 3 people under the umbrella of "justification".


{Warning shots are illegal. Shooting at the legs is employing deadly force without justification.}
It doesn't matter if it's illegal. Not doing it means you WANT to kill a person.
You WANT to take a life. You WANT death for the person standing in front of you.
If that's not signs of a disturbed individual, I don't know what is.


But, too many people shoot in these cases when it could be handled differently. Then again, I wasn't there. Daddy probably trained his kid to open fire, that guns are necessary to become a man or some such BS, and that George Zimmerman is a role model.


Sounds like the home invaders were serious bad guys but...
...I wouldn't like to live next to someone who thinks the best solution to a nasty situation is to smoke everybody he sees.


That stereotype that people in the South wait for people to break in just so
they can hunt humans for sport is mostly based in reality.


Three death sentences for a B&E, but only two bodies in the house. And a felony murder charge for the accomplice who didn't kill anyone and may not have set foot on the property?
Laws are stupid.


An AR-15 is a suboptimal weapon for home defense. The possession of such a thing, and that it could be loaded and brought to bear in the situation described speaks to me of an eagerness to use it. That's my other beef, and it may remain only a suspicion--again, because the shooter ensured that no one is likely to testify otherwise.


{There is no linkage between self defense and justice.}
Except that killing rather precludes any other form of justice.


The shooting victims deserve a thought.


Defsense (sic) against home invasion is one thing, this is murder


{I have no problem with someone defending themselves in their own home.)
I do. Sometimes society must ensure laws for all people for the greater good.
This is one of those examples. The situation would have been far better handled by reporting the incident to the police, who would have apprehended the individuals who broke in, who probably were not getting resources they need because of the incredibly bleak economic situation put upon them through oppressive GOP policies. In that case, they would have been punished with reasonable jail time, but more importantly, been provided with the assistance they need to reintegrate into society, while the homeowner would just get his insurance money to pay for the damage done (sometimes even getting MORE than he deserves; see video below) Instead, a young life is snuffed away, and a homeowner will have to pay the price with a (hopefully) long prison sentence.

All of these comments are from DU about this case.

aikoaiko

(34,170 posts)
75. "[Victim of her crime is] at the bottom of my list to be compassionate for," [getaway driver] said.
Sun Apr 2, 2017, 03:08 PM
Apr 2017

I'm glad she's being charged with felony murder.

samnsara

(17,622 posts)
78. i took a firearm safety class from an ex cop who told us that if theres an intruder...
Sun Apr 2, 2017, 03:24 PM
Apr 2017

...you shoot three times. Don't think he meant the legs arms and hands!

steve2470

(37,457 posts)
82. She's lucky to be alive, the kids she manipulated weren't so lucky
Sun Apr 2, 2017, 04:18 PM
Apr 2017

I have absolutely ZERO sympathy for her. She is partially responsible for the kids' deaths. I think adults have a moral responsibility to at least attempt to sway kids (and very young adults as in 18 and 19 years old) to do rational moral things. She did none of that.

If she gets felony murder, I won't shed any tears. Ignorance of the law is no excuse. You learn that in first year law school.

Ignorantia juris non excusat https://en.wikipedia.org/wiki/Ignorantia_juris_non_excusat

 

Henry Krinkle

(208 posts)
85. The grandfather of one of the wasted thugs sounds like a real piece of work
Sun Apr 2, 2017, 05:14 PM
Apr 2017

Family member of teen burglary suspect killed in Wagoner County break-in speaks out

COOKSON, Okla., (KTUL) -- A family member of one of the three teen suspects killed after breaking into a Wagoner County home Monday is speaking out for the first time.

The grandfather of Jacob Redfearn believes shooting and killing the 17-year-old and his friends was not needed.

RELATED | WCSO: Getaway driver in deadly home invasion had no connection with homeowners

“What these three boys did was stupid," said Leroy Schumacher.

Schumacher agrees his grandson and his friends made a bad decision, but not one worthy of deadly consequences.

They knew they could be punished for it but they did not deserve to die," said Schumacher.

Schumacher says his grandson didn't have a chance. The 17-year old, he says, never got into trouble.

“Brass knuckles against an AR-15, come on, who was afraid for their life," said Schumacher.

“There’s got to be a limit to that law, I mean he shot all three of them; there was no need for that," said Schumacher.

Schumacher does say he supports the right to bear arms and protect your home. But he doesn’t agree with shooting and killing intruders.


http://ktul.com/news/local/family-member-of-teen-burglary-suspect-killed-in-wagoner-county-break-in-speaks-out
 

linuxman

(2,337 posts)
86. No sympathy.
Sun Apr 2, 2017, 05:38 PM
Apr 2017

She knew what she was bringing them there for, and she knew the risks.

We all make decisions. She made hers.

This story is almost identical to my brother's (3 armed robbers with cutting and bludgeoning tools, forceful home invasion, getaway driver standing by outside), only in this case, the victim was sufficiently armed, and ultimately victorious. My brother wasn't as lucky.

I hope jail sucks. She looks bad in stripes, BTW.

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