• This is a political forum that is non-biased/non-partisan and treats every persons position on topics equally. This debate forum is not aligned to any political party. In today's politics, many ideas are split between and even within all the political parties. Often we find ourselves agreeing on one platform but some topics break our mold. We are here to discuss them in a civil political debate. If this is your first visit to our political forums, be sure to check out the RULES. Registering for debate politics is necessary before posting. Register today to participate - it's free!

Eleven-year-old Shoots Home Invader

Jack Hays

Traveler
Banned
Supporting Member
DP Veteran
Joined
Jan 28, 2013
Messages
94,823
Reaction score
28,236
Location
Williamsburg, Virginia
Gender
Male
Political Leaning
Independent
This is how burglars learn.







  • U.S.
    [h=3]‘He started crying like a little baby’: 11-year-old brags about shooting suspected home invader[/h] Chris Gaither was home alone “petting the dogs” on Wednesday morning when he heard a noise upstairs. The 11-year-old boy from Talladega, Ala., told NBC affiliate WVTM-TV that he was scared, so he grabbed a knife and steadied himself. Chris said that a man appeared on the stairwell, but when confronted, he ran back up upstairs. When the man reappeared moments later, the boy told WVTM-TV, the individual was holding a gun. “When he was coming down the stairs, that’s when he told me he was going to kill me, f-you and all that,” Chris said. Instead of running, Chris told the station, he upgraded his weaponry, picking up a 9mm handgun that was in the home. Chris said he threatened to kill the man and . . .






    [h=3][/h]
 

Chomsky

Social Democrat
DP Veteran
Joined
Apr 28, 2015
Messages
55,782
Reaction score
42,992
Location
Third Coast
Gender
Male
Political Leaning
Other
In chasing & firing after a guy fleeing with a clothes hamper while he attempts to scale a fence to escape, I'm not so sure what this kid did was legal.

If he's not facing criminal charges, it would seem the family is in for a minimum of civil legal problems.

The ameliorating issue might be the burglar himself being armed; it'd be hard for a jury to feel much consideration for the burglar in that instance.
 

Jack Hays

Traveler
Banned
Supporting Member
DP Veteran
Joined
Jan 28, 2013
Messages
94,823
Reaction score
28,236
Location
Williamsburg, Virginia
Gender
Male
Political Leaning
Independent
In chasing & firing after a guy fleeing with a clothes hamper while he attempts to scale a fence to escape, I'm not so sure what this kid did was legal.

If he's not facing criminal charges, it would seem the family is in for a minimum of civil legal problems.

The ameliorating issue might be the burglar himself being armed; it'd be hard for a jury to feel much consideration for the burglar in that instance.

I doubt that any jury, civil or criminal, will do anything against the kid or his parents.
 

Chomsky

Social Democrat
DP Veteran
Joined
Apr 28, 2015
Messages
55,782
Reaction score
42,992
Location
Third Coast
Gender
Male
Political Leaning
Other
I doubt that any jury, civil or criminal, will do anything against the kid or his parents.
Maybe, maybe not.

There was a similar thread here a week or two back: Homeowner chases burglar into the alley, then shoots & wounds him. Homeowner was found criminally guilty, and got a mild sentence of 2 mos jailtime + 4 mos home confinement. He's now the defendant in a multi-million dollar civil suit.

But yes, the big difference is this burglar had a gun, which will weigh heavier on the jury.

The thing with juries is though, you never can tell what they'll do!

I'd like to know more about the relationship between the individual and the individuals in the home; it seems from the article they know each-other.
 

Henrin

Banned
DP Veteran
Joined
Mar 3, 2010
Messages
60,458
Reaction score
12,357
Gender
Male
Political Leaning
Libertarian
Don't steal peoples stuff if you don't want to get shot.
 

Winchester

DP Veteran
Joined
Apr 25, 2014
Messages
6,665
Reaction score
6,277
Gender
Male
Political Leaning
Other
I doubt that any jury, civil or criminal, will do anything against the kid or his parents.

The other 11 bullets this kid fired had to go somewhere. Assuming the kid lived in a neighborhood, I'm sure the neighbors would be none too happy with him.
 

Winchester

DP Veteran
Joined
Apr 25, 2014
Messages
6,665
Reaction score
6,277
Gender
Male
Political Leaning
Other
Don't steal peoples stuff if you don't want to get shot.

Don't come up behind a lady in the elevator and touch her if you don't want your nuts kicked.
 

Henrin

Banned
DP Veteran
Joined
Mar 3, 2010
Messages
60,458
Reaction score
12,357
Gender
Male
Political Leaning
Libertarian
Don't come up behind a lady in the elevator and touch her if you don't want your nuts kicked.

Read all my posts in that thread to get the point I was making. It's not at all what you think it is. ;)
 

Jack Hays

Traveler
Banned
Supporting Member
DP Veteran
Joined
Jan 28, 2013
Messages
94,823
Reaction score
28,236
Location
Williamsburg, Virginia
Gender
Male
Political Leaning
Independent
Maybe, maybe not.

There was a similar thread here a week or two back: Homeowner chases burglar into the alley, then shoots & wounds him. Homeowner was found criminally guilty, and got a mild sentence of 2 mos jailtime + 4 mos home confinement. He's now the defendant in a multi-million dollar civil suit.

But yes, the big difference is this burglar had a gun, which will weigh heavier on the jury.

The thing with juries is though, you never can tell what they'll do!

I'd like to know more about the relationship between the individual and the individuals in the home; it seems from the article they know each-other.

Fair enough.
 

Winchester

DP Veteran
Joined
Apr 25, 2014
Messages
6,665
Reaction score
6,277
Gender
Male
Political Leaning
Other
Read all my posts in that thread to get the point I was making. It's not at all what you think it is. ;)

I read most of them and correct me if I'm wrong but you argued she went to far after the threat was neutralized and yet this guy was running away and it's okay to attempt to kill him?
 

Grant

Banned
DP Veteran
Joined
Jan 31, 2010
Messages
31,645
Reaction score
7,598
Location
Canada, Costa Rica
Gender
Male
Political Leaning
Independent
In chasing & firing after a guy fleeing with a clothes hamper while he attempts to scale a fence to escape, I'm not so sure what this kid did was legal.

If he's not facing criminal charges, it would seem the family is in for a minimum of civil legal problems.

The ameliorating issue might be the burglar himself being armed; it'd be hard for a jury to feel much consideration for the burglar in that instance.
It really can't be said often enough so that everyone can understand, Thou shalt not ****ing steal.
 

Henrin

Banned
DP Veteran
Joined
Mar 3, 2010
Messages
60,458
Reaction score
12,357
Gender
Male
Political Leaning
Libertarian
I read most of them and correct me if I'm wrong but you argued she went to far after the threat was neutralized and yet this guy was running away and it's okay to attempt to kill him?

Would a man be praised for continuing an attack after the threat was neutralized? Yes or no? Would a thread even be started if the victim was a man? Yes or no? Would a man be praised for kicking another man in the nuts? Yes or no? See what my point was yet?
 

Winchester

DP Veteran
Joined
Apr 25, 2014
Messages
6,665
Reaction score
6,277
Gender
Male
Political Leaning
Other
Would a man be praised for continuing an attack after the threat was neutralized? Yes or no? Would a thread even be started if the victim was a man? Yes or no? Would a man be praised for kicking another man in the nuts? Yes or no? See what my point was yet?

I do, I just happen to disagree with you in this case.

And yet why praise this kid for shooting someone after the treat to him was neutralized?
 

LaMidRighter

Klattu Verata Nicto
DP Veteran
Joined
May 19, 2005
Messages
30,534
Reaction score
10,682
Location
Louisiana
Gender
Male
Political Leaning
Libertarian - Right
In chasing & firing after a guy fleeing with a clothes hamper while he attempts to scale a fence to escape, I'm not so sure what this kid did was legal.

If he's not facing criminal charges, it would seem the family is in for a minimum of civil legal problems.

The ameliorating issue might be the burglar himself being armed; it'd be hard for a jury to feel much consideration for the burglar in that instance.
It all boils down to state law. In Texas it would have been an absolutely legal shoot, no questions asked, I think a few states have similar laws that state the property line is sufficient for a trespassing self defense shoot. In my state a person would have to prove outside of the domicile that they felt threatened and the boy would be able to make a case. I am not sure about Alabama law.
 

KevinKohler

DP Veteran
Joined
Oct 4, 2011
Messages
23,166
Reaction score
10,733
Location
CT
Gender
Male
Political Leaning
Undisclosed
What I am getting from this story is, there is a gun in that house, and the kid knows were it is, and likely has known for some time, and yet...amazingly, somehow, managed to never, not once, shoot and kill himself with it. Strange.
 

Jack Hays

Traveler
Banned
Supporting Member
DP Veteran
Joined
Jan 28, 2013
Messages
94,823
Reaction score
28,236
Location
Williamsburg, Virginia
Gender
Male
Political Leaning
Independent
It all boils down to state law. In Texas it would have been an absolutely legal shoot, no questions asked, I think a few states have similar laws that state the property line is sufficient for a trespassing self defense shoot. In my state a person would have to prove outside of the domicile that they felt threatened and the boy would be able to make a case. I am not sure about Alabama law.

What I am getting from this story is, there is a gun in that house, and the kid knows were it is, and likely has known for some time, and yet...amazingly, somehow, managed to never, not once, shoot and kill himself with it. Strange.

My only concern is that the young man's marksmanship instruction was apparently deficient.
 

LaMidRighter

Klattu Verata Nicto
DP Veteran
Joined
May 19, 2005
Messages
30,534
Reaction score
10,682
Location
Louisiana
Gender
Male
Political Leaning
Libertarian - Right
My only concern is that the young man's marksmanship instruction was apparently deficient.
Because of the multiple shots fired? Could be, but adrenaline is a bitch in a situation like that and he is still a young kid so I am not sure on that one.
 

OpportunityCost

DP Veteran
Joined
Jan 27, 2011
Messages
34,358
Reaction score
7,645
Gender
Male
Political Leaning
Conservative
I do, I just happen to disagree with you in this case.

And yet why praise this kid for shooting someone after the treat to him was neutralized?

Unless and until the other guy drops his weapon, he's still a threat whether he's on the property or not.
 

Chomsky

Social Democrat
DP Veteran
Joined
Apr 28, 2015
Messages
55,782
Reaction score
42,992
Location
Third Coast
Gender
Male
Political Leaning
Other
It really can't be said often enough so that everyone can understand, Thou shalt not ****ing steal.
Not applicable here.

(though I do agree)
 

Jack Hays

Traveler
Banned
Supporting Member
DP Veteran
Joined
Jan 28, 2013
Messages
94,823
Reaction score
28,236
Location
Williamsburg, Virginia
Gender
Male
Political Leaning
Independent
Because of the multiple shots fired? Could be, but adrenaline is a bitch in a situation like that and he is still a young kid so I am not sure on that one.

A firearm is a tool. One-for-twelve shooting is poor use of the tool.
 

joG

DP Veteran
Joined
Jul 27, 2013
Messages
43,839
Reaction score
9,638
Gender
Undisclosed
Political Leaning
Independent
This is how burglars learn.







  • U.S.
    [h=3]‘He started crying like a little baby’: 11-year-old brags about shooting suspected home invader[/h] Chris Gaither was home alone “petting the dogs” on Wednesday morning when he heard a noise upstairs. The 11-year-old boy from Talladega, Ala., told NBC affiliate WVTM-TV that he was scared, so he grabbed a knife and steadied himself. Chris said that a man appeared on the stairwell, but when confronted, he ran back up upstairs. When the man reappeared moments later, the boy told WVTM-TV, the individual was holding a gun. “When he was coming down the stairs, that’s when he told me he was going to kill me, f-you and all that,” Chris said. Instead of running, Chris told the station, he upgraded his weaponry, picking up a 9mm handgun that was in the home. Chris said he threatened to kill the man and . . .






    [h=3][/h]

That gives "Kevin alone at home" a new twist.
 
Last edited:

Chomsky

Social Democrat
DP Veteran
Joined
Apr 28, 2015
Messages
55,782
Reaction score
42,992
Location
Third Coast
Gender
Male
Political Leaning
Other
It all boils down to state law. In Texas it would have been an absolutely legal shoot, no questions asked, I think a few states have similar laws that state the property line is sufficient for a trespassing self defense shoot. In my state a person would have to prove outside of the domicile that they felt threatened and the boy would be able to make a case. I am not sure about Alabama law.
Yes, I agree it's dependent on state law, and my guess would be AL law might be pretty conservative.

But concerning Texas law, does it require the theft to be a felony to use deadly force? And how far can this pursuit be? Can you chase the guy to his car, or his house?

Anyone know?
 

Jack Hays

Traveler
Banned
Supporting Member
DP Veteran
Joined
Jan 28, 2013
Messages
94,823
Reaction score
28,236
Location
Williamsburg, Virginia
Gender
Male
Political Leaning
Independent
Yes, I agree it's dependent on state law, and my guess would be AL law might be pretty conservative.

But concerning Texas law, does it require the theft to be a felony to use deadly force? And how far can this pursuit be? Can you chase the guy to his car, or his house?

Anyone know?

I really don't know, but I remember once realizing that in Texas I could drive 75 mph at night on a two-lane road with an open beer and a concealed handgun and be breaking no law.
 

Crosscheck

DP Veteran
Joined
Dec 15, 2009
Messages
11,623
Reaction score
9,034
Location
NW USA
Gender
Male
Political Leaning
Undisclosed
In chasing & firing after a guy fleeing with a clothes hamper while he attempts to scale a fence to escape, I'm not so sure what this kid did was legal.

If he's not facing criminal charges, it would seem the family is in for a minimum of civil legal problems.

The ameliorating issue might be the burglar himself being armed; it'd be hard for a jury to feel much consideration for the burglar in that instance.

That is a tough one. The burglar was armed and threaten to kill him so definite threat to him.
Being only 11 years old I don't hold up to the same standards as I would a 21 year old. The shooting of 12 times in the yard with houses nearby is worrysome.

But hand it to the kid for holding his own and not appearing shaken by all this. Luckily this turned out without anyone else being harmed.
 
Top Bottom