Eleven-year-old Shoots Home Invader

[Jack Hays]

This is how burglars learn.

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  [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 . . .
  
  
  
  
  
  
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[Chomsky]

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]

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]

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]

Don't steal peoples stuff if you don't want to get shot.

 

[Winchester]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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]

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 . . .
  
  
  
  
  
  
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That gives "Kevin alone at home" a new twist.

 

[Chomsky]

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?

 

[Chomsky]

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

You may have a valid point.

 

[Jack Hays]

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]

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.