There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for defending themselves and their loved ones.
Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.
So...
The prosecutor is charging a homeowner because defended his home against an intruder?
See you at the range
NRA Life, TSRA Life, USPSA Life, Mensa (not worth $50 per year so it's expired)
Tom (Retired May 2019) Neal
I have no idea why anyone would choose to live in NYC. I escaped when I was 17.
Part of the trouble lies with New York’s “retreat doctrine.” A theory fit for law school classrooms, the doctrine holds Joel had a duty to run and hide if it was safe to do so. It’s an obligation Joel, like the vast majority of New Yorkers, had probably never heard of.
I am not a lawyer. This is NOT legal advice.! Nothing tempers idealism quite like the cold bath of reality.... SQLGeek
There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for defending themselves and their loved ones.
Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.
So...
The prosecutor is charging a homeowner because defended his home against an intruder?
He's taking his cues from UK, Australia, and other places, where defending yourself is a crime.
Take away the Second first, and the First is gone in a second
Well, its getting worse than ever in the "Empire" State:
The New York State Legislature has before them legislation that states anyone who is arrested in New York State will be released without bail. Basically they will be processed and released. In some major felony cases a defendant will be held on bail, but there will be an automatic hearing within 2 to 3 days.
Additionally, anyone arrested will be entitled to discovery within 2 to 3 days. What does this mean? If a person is charged with any of the crimes listed below, the defendant be out of jail within hours and their will know who their accuser is, as well as all of their related information, address, phone number, email etc., within 48 hours of their arrest. For example, if your home is burglarized and all the latest technological gadgets lead to an arrest of the person, the defendant will be back on the street within hours of their arrest, potentially burglarizing other homes.
Here are all the crimes where the defendant would get automatic release and the prosecution is not allowed to ask for bail:
Attempted Aggravated Sexual Abuse
Attempted Assault on a Police Officer
Attempted Strangulation 1
Attempted Criminal Possession of a Biological Weapon
Robbery 2
Burglary 2
Assault 2
Menacing a Police Officer
Stalking 1
Strangulation 2
Rape 2
Sexual Abuse 1
Course of Sexual Conduct against a Child
Aggravated Sexual Abuse 3
Criminal Possession of a Weapon 3
Supporting Terrorism 2
Fake Bombs
Persistent Sexual Abuse
Rape 3
Criminal Impersonation 1
Identity Theft 1
Scheme to Defraud 1
Corrupt use of position or authority
Perjury
Intimidating a witness
Promoting prostitution in a school zone
Compelling Prostitution
Riot 1
Criminal Anarchy
Criminal possession of a weapon on SCHOOL GROUNDS
Unlawful fleeing a police officer
Vehicular assault 1
Coercion 1
Escape 1
Aggravated Criminal Contempt
Promoting a sexual performance by a child
Vehicular Manslaughter 1
Aggravated vehicular assault
Use of child in sexual performance
Criminal Sale of firearm to minor
Corrupting the government (explains how Cuomo is still at large!)
Aggravated patronizing a minor for prostitution in the first degree
Facilitating a sexual performance by a child with a controlled substance or alcohol
"You may all go to H3ll, and I will go to Texas." - Davy Crockett
"Fast is fine, but accuracy is everything." - Wyatt Earp
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There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for defending themselves and their loved ones.
Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.
So...
The prosecutor is charging a homeowner because defended his home against an intruder?
Over thirty years ago I heard of a case where a women keep retreating until she was in her basement before shooting the intruder. She was prosecuted because there was a door in her basement that lead outside. The cesspool has only gotten deeper.
Jay E Morris,
Guardian Firearm Training, NRA Pistol, LTC < retired from all
NRA Lifetime, TSRA Lifetime NRA Recruiter (link)