Author Topic: Strange case in Georgia  (Read 1143 times)

Hawkmoon

  • friend
  • Senior Member
  • ***
  • Posts: 27,320
Strange case in Georgia
« on: April 25, 2020, 01:40:06 PM »
https://www.newser.com/story/290015/cops-stepdad-killed-teen-after-fight-about-quarantine.html?utm_source=part&utm_medium=uol&utm_campaign=rss_crime

16-year old doesn't like self-isolation, so he goes out -- against the wishes of his mother and step-father. When he comes home, the doors are locked, so he kicks in the door. Gets in a fight with the step-father, who shoots him

Now the step-father has been arrested and charged with murder. I think the authorities got it wrong. Stepson or not, this was a home invasion and an assault, and I think the stepfather had a right to defend himself.
- - - - - - - - - - - - -
100% Politically Incorrect by Design

gunsmith

  • I forgot to get vaccinated!
  • friend
  • Senior Member
  • ***
  • Posts: 8,185
  • I'm sorry, Dave. I'm afraid I can't do that.
Re: Strange case in Georgia
« Reply #1 on: April 25, 2020, 01:54:02 PM »
 Article doesn't provide enough info.
However I think they knew darn well it was their kid, and they were going to teach him a lesson about not obeying.
I think the kid learned his lesson and now, the parents will learn theirs.
Politicians and bureaucrats are considered productive if they swarm the populace like a plague of locust, devouring all substance in their path and leaving a swath of destruction like a firestorm. The technical term is "bipartisanship".
Rocket Man: "The need for booster shots for the immunized has always been based on the science.  Political science, not medical science."

230RN

  • saw it coming.
  • friend
  • Senior Member
  • ***
  • Posts: 18,929
  • ...shall not be allowed.
Re: Strange case in Georgia
« Reply #2 on: April 25, 2020, 02:36:04 PM »
Just blue-skying it on the story as presented.

I wonder (you have to wonder) about the stepfather's justifiable fears that the kid was bringing the virus into the house on his return.  

More likely since the kid apparently demonstrated disdain for the "rules" regarding the pandemic when he insisted on going out.

So could the stepfather have had legitimate concerns about bringing the bug back in the house?

Kind of stretching it for a reason to lock the door, but the kid also used violence for his re-entry, thus initiating the violence, thus opening the possibility of a self-defense defense.

And of course one has to consider the idea that some kind of judgement-altering substance was involved on one or both sides.
WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

gunsmith

  • I forgot to get vaccinated!
  • friend
  • Senior Member
  • ***
  • Posts: 8,185
  • I'm sorry, Dave. I'm afraid I can't do that.
Re: Strange case in Georgia
« Reply #3 on: April 25, 2020, 02:57:41 PM »
Just blue-skying it on the story as presented.

I wonder (you have to wonder) about the stepfather's justifiable fears that the kid was bringing the virus into the house on his return.  

More likely since the kid apparently demonstrated disdain for the "rules" regarding the pandemic when he insisted on going out.

So could the stepfather have had legitimate concerns about bringing the bug back in the house?

Kind of stretching it for a reason to lock the door, but the kid also used violence for his re-entry, thus initiating the violence, thus opening the possibility of a self-defense defense.

And of course one has to consider the idea that some kind of judgement-altering substance was involved on one or both sides.

A mind altering substance, looking at the picture, you might be correct
https://www.youtube.com/watch?v=W9mvTNh-plY

interesting take on using the covids as a defense
Politicians and bureaucrats are considered productive if they swarm the populace like a plague of locust, devouring all substance in their path and leaving a swath of destruction like a firestorm. The technical term is "bipartisanship".
Rocket Man: "The need for booster shots for the immunized has always been based on the science.  Political science, not medical science."

HankB

  • friend
  • Senior Member
  • ***
  • Posts: 16,670
Re: Strange case in Georgia
« Reply #4 on: April 25, 2020, 03:06:08 PM »
https://www.newser.com/story/290015/cops-stepdad-killed-teen-after-fight-about-quarantine.html?utm_source=part&utm_medium=uol&utm_campaign=rss_crime
. . . I think the authorities got it wrong. Stepson or not, this was a home invasion and an assault, and I think the stepfather had a right to defend himself.
Can a minor child stage a "home invasion" of his normal residence where he is living with his mother and stepfather? Seems to be a bit of a stretch. (Had the deceased been 18 rather than 16, different story.)

Seems to be the culminating dysfunctional act in a dysfunctional "family." Maybe an overall improvement to society, with one loser dead and the other removed from circulation to the Graybar Motel.
Trump won in 2016. Democrats haven't been so offended since Republicans came along and freed their slaves.
Sometimes I wonder if the world is being run by smart people who are putting us on, or by imbeciles who really mean it. - Mark Twain
Government is a broker in pillage, and every election is a sort of advance auction in stolen goods. - H.L. Mencken
Patriotism is supporting your country all the time, and your government when it deserves it. - Mark Twain

T.O.M.

  • friend
  • Senior Member
  • ***
  • Posts: 6,413
Re: Strange case in Georgia
« Reply #5 on: April 25, 2020, 04:08:23 PM »
Not even close to enough information to make a real decision on this, but...
- In most places, there must be an underlying trespass to support a burglary/home invasion charge.  Deceased was a minor, and his residence is that of the custodial parent.  Sounds like that was mom, so it was his home.  No trespass, so no burglary/home invasion.  (Yes, there are some very limited exceptions to this that we can't get into here without a lot more facts.)
- Interesting thought about COVID-19 and self defense.  Feels like it wouldn't fly absent shooter really knowing or having reasonable cause to believe the kid was infected.  And, I'm having some serious doubts about COVID-19 = delay weapon to justify a shooting.
- Yes, a parent/step-parent can use the legal defense of self-defense for defending against an attack by a minor.  Some lawyers play the "he was a child" game when dealing with a physical attack by a minor.  For a 16 year old, likely an almost full grown man, good luck getting that to fly.

I'll be watching this develop...
No, I'm not mtnbkr.  ;)

a.k.a. "our resident Legal Smeagol."...thanks BryanP
"Anybody can give legal advice - but only licensed attorneys can sell it."...vaskidmark

gunsmith

  • I forgot to get vaccinated!
  • friend
  • Senior Member
  • ***
  • Posts: 8,185
  • I'm sorry, Dave. I'm afraid I can't do that.
Re: Strange case in Georgia
« Reply #6 on: April 25, 2020, 04:42:27 PM »
IMO the "dad" is a jerk.
Locking the kid out of his home to teach him a lesson.
"dad" is stepdad and probably there was already tension between stepson/stepdad.
Politicians and bureaucrats are considered productive if they swarm the populace like a plague of locust, devouring all substance in their path and leaving a swath of destruction like a firestorm. The technical term is "bipartisanship".
Rocket Man: "The need for booster shots for the immunized has always been based on the science.  Political science, not medical science."

230RN

  • saw it coming.
  • friend
  • Senior Member
  • ***
  • Posts: 18,929
  • ...shall not be allowed.
Re: Strange case in Georgia
« Reply #7 on: April 25, 2020, 05:00:37 PM »
Quote
And, I'm having some serious doubts about COVID-19 = delay weapon to justify a shooting.

Well, my "blue-skying" involved c-19 fear, thus the door locking.

Quote
I wonder (you have to wonder) about the stepfather's justifiable fears that the kid was bringing the virus into the house on his return.

That's more or less independent of the door-busting and subsequent fight:

Quote
Kind of stretching it for a reason to lock the door, but the kid also used violence for his re-entry, thus initiating the violence, thus opening the possibility of a self-defense defense.

If the kid's mother owned the house, then the violent re-entry seems to eliminate the home invasion idea.

But once the fight (I assume physical) started, there may be valid "fear of death or bodily injury" involved in either direction.

I'm done blue-skying, though.

Terry, 230RN
WHATEVER YOUR DEFINITION OF "INFRINGE " IS, YOU SHOULDN'T BE DOING IT.

MechAg94

  • friend
  • Senior Member
  • ***
  • Posts: 33,818
Re: Strange case in Georgia
« Reply #8 on: April 27, 2020, 10:18:54 AM »
Not even close to enough information to make a real decision on this, but...
- In most places, there must be an underlying trespass to support a burglary/home invasion charge.  Deceased was a minor, and his residence is that of the custodial parent.  Sounds like that was mom, so it was his home.  No trespass, so no burglary/home invasion.  (Yes, there are some very limited exceptions to this that we can't get into here without a lot more facts.)
- Interesting thought about COVID-19 and self defense.  Feels like it wouldn't fly absent shooter really knowing or having reasonable cause to believe the kid was infected.  And, I'm having some serious doubts about COVID-19 = delay weapon to justify a shooting.
- Yes, a parent/step-parent can use the legal defense of self-defense for defending against an attack by a minor.  Some lawyers play the "he was a child" game when dealing with a physical attack by a minor.  For a 16 year old, likely an almost full grown man, good luck getting that to fly.

I'll be watching this develop...
Oh, they will just find a picture of the kid when he was 12 and distribute that around so people will think he was just a little kid.......Trayvon Martin..
“It is much more important to kill bad bills than to pass good ones.”  ― Calvin Coolidge