NOPD: Burglar shot by home's resident after alarm goes off

[lsu fan]

So if you are CHP or even worse, open carrying, I can just shoot you because you have access to a gun?

I'm not saying it's ok to shoot him if he's just standing there... but if I say... stay back and he advances towards me to try and grab my weapon... well then that's a different story.

I'm pretty sure you wouldn't be in too much trouble if you killed me while I was trying to grab your weapon.

And as for CHP or Open carry.. I'd hope you'd at least wait for me to go for my weapon in an unwise manner.

 

[Speedlace]

Great precedence for us.

No weapon and not in "home" but in exterior building on property.

And wasn't a active threat to the owner.
The new reports says he fired the shots after seeing the intruder.

In some other similar shootings were a property owners went to confront intruders, the intruders became menacing or were actively attacking the owner.
http://bayoushooter.com/forums/showthread.php?t=15974
http://bayoushooter.com/forums/showthread.php?t=17186

 

[leVieux]

if this happened more, people may think twice about burglarizing peoples crap. On the other hand, as the person who has to check all those house alarms that go off, your average joe creeping around in the dark with a gun and no training scares the crap out of me when I'm walking around their house checking their doors and windows.

You "check... their doors and windows" in the middle of the night?

 

[Nolacopusmc]

I'm not saying it's ok to shoot him if he's just standing there... but if I say... stay back and he advances towards me to try and grab my weapon... well then that's a different story.

I'm pretty sure you wouldn't be in too much trouble if you killed me while I was trying to grab your weapon.

And as for CHP or Open carry.. I'd hope you'd at least wait for me to go for my weapon in an unwise manner.

According to the law...read below....you can shoot him IN YOUR HOUSE...for just standing there. The law already presumes he is a threat by the very nature that he forcibly and unlawfully entered.

now, would I do it? HELLLLSSS no, but TECHNICALLY, the law allows it, and it appears this guy got away with it.

I say a "w" for the home team.

But yes, i would wait for an overtly hostile act in MOST situations.

 

[Nolacopusmc]

You "check... their doors and windows" in the middle of the night?

yes, if an alarm goes off, we look for a point of entry.

 

[SpeedRacer]

The story is completely inaccurate and lacking in details.

To make a long story short...Rene got the call and went into his detached garage to check it out, half expecting an animal or false alarm. He grabbed his old police trade-in 870, his phone and a flashlight just in case. When he entered the garage and turned on the light, he saw a dark figure crouching behind a tool box. He said the guy looked deranged and had a blank, fearless stare. He was juggling the phone, light and 870 while yelling at the guy to lay down and wait for the police. He yelled at him for 3-4 minutes, but Rene said it seemed like hours. The entire time Miller was slowly inching towards him, telling him things such as "my brother is upstairs and gonna kill your wife" and "I got a driver out front that's gonna kill you", etc. The guy kept inching and inching until he was maybe 8-10 feet away. He finally lunged at Rene, reaching for the shotgun. Rene fired two shots, both striking Miller's hips/thighs. This only slowed him down for a moment, and when he lunged again Rene finally fired a third shot into Miller's abdomen, which caused him to stumble backwards and fall onto some stairs where he died. Rene knows how to shoot. His intent was not to kill, though he was completely justified to do so.

The shooting was completely justified, the DA never had a doubt. The writer of the Times Picayune article obviously has his own opinion about it, given the number of pertinent facts he left out to make Rene seem like a cold blooded killer who got away with murder.

There's so much more I could say about this and how much it affected Rene's life...but maybe someday I'll convince him to come here and tell it himself instead.

 

[brfd557]

Hell yes justified, this dirtbag will not hurt or make anyone live in fear again! Rene did what he had to do. I believe when the BG stated my wife or childrens lives were in immediate danger, lights out for him and get to my family to check on them!!! Sry BG did it to himself!

 

[Wolfgang1952]

That old Winchester Model 12 would have been Barking at first sight. No second thought about it. And buy the way this BG won’t be braking into anyone else’s Garage period…….

 

[SpeedRacer]

Rene got lucky in more than one way, and it sounds like a case where he shouldn't be charged, but it doesn't mean it was the best solution.

Agreed. But again, you never know. Starting at the alarm call, there's an INFINITE amount of ways it could have played out. The important thing is that a good guy is alive and a bad guy is dead. I refuse to even imagine what would have happened if Mr. Miller took control of the 870.

 

[Witiku]

The story is completely inaccurate and lacking in details.

To make a long story short...Rene got the call and went into his detached garage to check it out, half expecting an animal or false alarm. He grabbed his old police trade-in 870, his phone and a flashlight just in case. When he entered the garage and turned on the light, he saw a dark figure crouching behind a tool box. He said the guy looked deranged and had a blank, fearless stare. He was juggling the phone, light and 870 while yelling at the guy to lay down and wait for the police. He yelled at him for 3-4 minutes, but Rene said it seemed like hours. The entire time Miller was slowly inching towards him, telling him things such as "my brother is upstairs and gonna kill your wife" and "I got a driver out front that's gonna kill you", etc. The guy kept inching and inching until he was maybe 8-10 feet away. He finally lunged at Rene, reaching for the shotgun. Rene fired two shots, both striking Miller's hips/thighs. This only slowed him down for a moment, and when he lunged again Rene finally fired a third shot into Miller's abdomen, which caused him to stumble backwards and fall onto some stairs where he died. Rene knows how to shoot. His intent was not to kill, though he was completely justified to do so.

The shooting was completely justified, the DA never had a doubt. The writer of the Times Picayune article obviously has his own opinion about it, given the number of pertinent facts he left out to make Rene seem like a cold blooded killer who got away with murder.

There's so much more I could say about this and how much it affected Rene's life...but maybe someday I'll convince him to come here and tell it himself instead.

After reading this I can imagine how this man must have been terrified. This was a serious threat that could have ended his family.

There is a line and Miller crossed it a few times.
1) Being in a place he was not authorized
2) Threatening Rene's family while committing #1 and
3) Advancing to take control of Rene's weapon to make good on #2.

Thank God Rene had the good sense to take a gun, he could have been killed.

 

[VeedUp]

What if you just shoot them with 3 or 4 of the non-lethat bean bag shots?

 

[SpeedRacer]

What if you just shoot them with 3 or 4 of the non-lethat bean bag shots?

You probably get killed and/or sued.

 

[jmcrawf1]

You probably get killed and/or sued.

This. Non-LEO's shouldn't even own less lethal bean bags. Serves no purpose for a civilian.