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Oh, for crying out loud. Are you serious?
She came out onto her porch and fired a gun away from the house, which means towards the street. A city street. With houses on it.
That's all I needed to know.
Our justice system does not permit for us to put kids in jail for vandalism, let alone permit them to be shot.
Vandalism includes the modification, defacement and willful destruction of public or private property without the owner's knowledge and consent. Vandalism can include graffiti or tagging, but it can also include breaking windows and posting leaflets or brochures on public or private property without permission. In some areas toilet papering property is also considered to be vandalism. There are significantly different issues with vandalism in different areas, so knowing your local vandalism laws is important to avoid any criminal activity. In some areas vandalism laws allow for an enhanced penalty if the act of vandalism falls into the category of a hate crime. This typically includes targeting someone because of their race, color, sexual orientation, religious affiliation or nationality. These types of crimes, either enhanced or simple vandalism, can result in significant fines, restitution ordered, probation and even jail time. In some situations vandalism of public property such as mail boxes, historical sites, parks or monuments carry significant sentences of jail time, even for first time offenders.
Our justice system does not permit for us to put kids in jail for vandalism, let alone permit them to be shot.
I'm all for second amendment rights and I support the safety of little old ladies. But shooting a kid or several kids because of a brick and a broken window is just beyond the pale. The lady should be locked up for, at the very least, assault on a minor with an aggravated charge since it was a deadly weapon.
incorrect
juveniles can be sentenced to "jail" for vandalism. as for the part in bold, in many cities the garbage cans are actually owned by the govt and are thus "public property". setting her garbage cans on fire could have landed these punks in juvie for a significant time. of course, depending on the particular laws of that area.
but they do for felony arson and assault with a deadly weapon.rof
Once he refused to drop the brick, you can add menacing to the charges.
I agree, but she could just have easily hit someone else that had nothing to do with the situation, and that means she did something wrong.
Bullets don't stop just because they hit their intended target -- and this lady says she wasn't trying to hit the kid, which makes the fact that she shot him more dangerous.
Kids are not sentenced to "jail" for simple vandalism. Please read the part where I said "kids". They may spend time in a juvenile detention center but even that is highly unlikely.
You in no way negated my point that a gunshot wound is an acceptable response to vandalism by a kid.
Even then, you have to show intent to attack the woman with the brick. A brick in the hand, by itself, is not sufficient evidence of assault or menace.
As for the felony arson claim, show me a charge of felony arson and we have a discussion. Until then, this woman shot a kid with a brick over a broken window. That is the crime here.
"Physically, she got hit with the bricks and she defended herself," she said.
What if the kid through a brick through my window where I lived and I came out grabbed him and broke his arm in the entailing scuffle. Should I be punished?
How about a bat?
How about I threw a brick at him and killed him?
Then you would be ignorant. Just from your description the only thing in danger other than the kid would be the ground as from her porch the trajectory is most assuredly "down"....
realistically: the lady was on her porch. the kids were below her in the street. she pointed the gun in their general direction. had she missed, the bullet would've had to glanced off the pavement at just the right angle to head in a bystander's direction and still maintained dangerous velocity.
the "risk" to the lives of everyone nearby in the neighborhood was minimal.
Incorrect my friend. the crime of "menacing" is simply brandishing a weapon in order to "menace" the victim. Given that there was an attempted assault, he being fearful of her life justifies her use of a weapon for self defense.
Here are a couple examples.
GORST: Brick through window hit baby, mother says | Northwest News - The News Tribune
Menacing Law & Legal Definition
Clearly an attempted assault, and menacing. The woman was justified in shooting the kid.
I would almost argue shooting to scare the kid could be considered menacing in certain jurisdictions, she's lucky to have hit him.
[/QUOTE]No, that would be an accident and not a danger to anyone else.
A bat is a reasonable response to a brick.
Now I'm not sure, only because now he's dead. Probably okay with me, but it's in a gray area.
Should I then be punished?
Also to add Jallman and others,
from the article:
This is felony assault with a deadly weapon. She was justifed.
Remember folks this is south chi-town, if they had a chance they would have raped her on gun charges if they could.
she was hit with bricks, that's assault with a deadly weapon, a gunshot to the head is indicated.rof
There still has to be intent to use the object as a weapon. Simply holding a brick does not constitute intent to use it as a weapon. Further, these kids haven't been charged with any assaults as far as I can tell.
The boy's charges could land him in juvenile detention for up to a year.
Show me an arson charge against these kids and then you have a discussion. Until then, felony arson is off the table and is not a defense for this woman shooting a kid.
She CLAIMS whe was hit with the brick. I want to see evidence of that before I give her a pass for shooting a kid.
I know damned well if your kid threw a brick through a window and got shot for it, you would be up in arms about it. I can't believe you're sitting here giving a pass to this woman for shooting a kid.
The boys, however, have been charged as juveniles with aggravated assault of a person over the age of 60 and have been released to their parents, police said.
The woman walked out onto the porch and the boys began shouting obscenities and throwing bricks at her, authorities said. The woman then pulled out a gun and opened fire, striking one of the boys in the shoulder, authorities said.
I like the way you phrased that. Nothing changes how lethal anything is except a change to the properties of the thing itself. :lol:
That said, if you are trying to convince me that a brick is as lethal as a bullet, good luck. Bricks aren't capable of the kind of penetration most bullets are, and bullets typically have a much longer range.
"I was terrified," the South Shore resident tells the Chicago Tribune. "The young man hit me in the chest with a brick. After a year of harassment, that was the straw that broke the camel's back."
Are you saying you believe that if a brick through a window hits you in the head upon arrival, you'll be unharmed?
So I take it neither of you have heard of "ricochet." :lol:
Like I said, bullets don't stop just because you hit what you were looking to hit.
Perhaps you can tell me the layout of the neighborhood, and tell me what was in her line of fire. thanks
Margaret Matthews, the 68-year-old Chicago woman who shot a 12-year-old she says bullied her, has no regrets about her actions.
"I was terrified," the South Shore resident tells the Chicago Tribune. "The young man hit me in the chest with a brick. After a year of harassment, that was the straw that broke the camel's back."
Authorities say Matthews, a retired cafeteria worker, returned home Tuesday to find some windows in her house broken. After seeing the boy and his 13-year-old friend running away, she called the police.
When the boys returned, stood atop a shed in the front yard and began swearing and throwing bricks at her, Matthews grabbed a gun and fired a shot, hitting the 12-year-old in the shoulder. --People
So I take it neither of you have heard of "ricochet." :lol:
Like I said, bullets don't stop just because you hit what you were looking to hit.
I know damned well if your kid threw a brick through a window and got shot for it, you would be up in arms about it. I can't believe you're sitting here giving a pass to this woman for shooting a kid.
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