Homeowner Cleared in Shooting

[Fire_Medic_Dave]

BARTOW | Prosecutors have concluded a Lake Wales security guard who shot a man who was breaking into his home was justified in using deadly force.

Assistant State Attorney Robert Antonello wrote a letter with his findings about the March 18, nonfatal shooting to the Lake Wales Police Department.

In the letter released Thursday, Antonello said William Cornwell, a hospital security guard, was protecting himself and his young children.

Cornwell arrived at his Grove Avenue home just before 7 a.m. His wife left for work, and he was alone with his 3 1/2-month-old son and 3 1/2-year-old daughter.

A noise awoke him from his sleep and, armed with a semi-automatic pistol, he went to find out what was happening, Antonello wrote.

http://www.theledger.com/article/20090423/NEWS/904235049?Title=Homeowner-Cleared-in-Shooting

[MUAD_DIB]

1. And then what happened?

[Fire_Medic_Dave]

2. That's what the link is for.

[ManiacJoe]

3. Assuming the facts are as reported,

which is an unsafe assumption, what the home owner did goes well beyond the legal allowances for self defense in most states. However, the DA might have trouble getting a jury to convict him.

[imdjh]

4. In some places it would matter if there was blood outside the car.

But probably not going to matter much in this place and this case.

Someone is in your house, you can assume he is willing to kill you and your family.

[ManiacJoe]

5. The parts that would get the home owner

in trouble in many jurisdictions is that the robber was shot (1) outside the home while trying to retreat and (2) in his car while trying to retreat. The defender has now crossed over to being the attacker.

However, I don't see him getting found guilty by a local jury in this case.

[imdjh]

6. I have no doubt that what you say would be true in some states.

Although the way i read the story, the criminal was shot before he reached the car. Either way, the homeowner had reason to believe that the burglar was still dangerous.

I have no problem with how it turned out. When someone is in your house with a crowbar, there isn't much which can be said in his defense.

[Fire_Medic_Dave]

7. Definitely a "questionable" shooting. I try and post the righteous and questionable use of self...

defense. They are worth discussing.

David