Armed Polite Society
Main Forums => The Roundtable => Topic started by: Hawkmoon on April 25, 2020, 01:40:06 PM
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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.
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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.
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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.
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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
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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.
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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...
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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.
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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.
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:
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
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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..