So, you’re ‘estranged’ from your husband. You and your 20 year old daughter are minding your own business at 3:30 AM when Mr. Estranged Husband decides that he wants to come in and beat the daughter.
Deputies are investigating a homicide in which a woman said she shot her estranged husband because he broke into her house and assaulted her daughter, authorities said.
The shooting at a home on Maney Lane just outside of town was reported in a 911 call shortly before 3:30 a.m. Monday, said Lt. Randy Sorrells of the Buncombe County Sheriff’s Office.
Emergency personnel pronounced (Dead Husband), 40, of Fred Martin Drive, Swannanoa, dead at the scene.
Sounds pretty cut and dried, right? Not so fast.
This audio appears to be prior to the shooting. Listen to her after she starts talking to the Black Mountain PD.
“He’s broken into my house, it’s the middle of the night, he’s, I don’t, he’s threatening my daughter, I ran out of the house.”
So we can conclude that the shooting has not yet happened by the fact that she says “he’s threatening my daughter.” Not “he threatened my daughter,” but she used the present tense. Also, given that she said she ran out of the house, this means that she would have had to re-enter the house to actually shoot the guy.
Now you and I are probably on the same page here. Momma can shoot anyone who messes with her babies. I don’t think that’s actually written in the law, but there are certain moral principles that we all can agree on and this is one of them. Unfortunately, this is a case where a person left a safe place and returned to a fight and then shot and killed a person right in front of his daughter. The gun control fanatics, if they were consistent, should be screaming bloody murder.
They insist that you should retreat if there is any way you can, and failure to retreat is grounds for murder charges. Look at how they treated the Martin/Zimmerman shooting. Because Zimmerman walked into the situation, the gun grabbers want to strip him of his right to self defense.
What is going to save this woman from the tender mercies of the justice system? NC Castle Law. In this law anyone forcibly and unlawfully entering an occupied home, car, or business is presumed to pose an immediate threat of death, serious bodily injury, or sexual assault to the persons within. The fact that he was the ex-husband doesn’t cut any ice here in NC. He was not authorized to be there and he forcibly and unlawfully broke in, so the law treats him no differently than if he was Jack the Ripper.
Mom was outside, but the daughter was not. The daughter was entitled to presume that her father represented an immediate threat of death or serious bodily injury. (though hopefully not sexual assault) In North Carolina, anyone is authorized to use deadly force to protect anyone else who is authorized to use deadly force. In this case, Mom could shoot Dad in order to protect the daughter even though Mom was not herself in danger. Indeed, even if Mom put herself in danger by re-entering the property. Dad, however, having been engaged in an unlawful act was not allowed to use force to defend himself. Because the daughter could have used deadly force, legally her mother could use it to protect the daughter.
Keep this in mind. Those who demand retreat in all circumstances would prosecute this woman for going back into the house. They will demand proof that the attacker posed an actual threat to the daughter’s life. They will demand to see a weapon, or at the very least to see medical records showing that the daughter was beaten so badly that she was teetering on the edge of life when she got to the hospital. They will claim that there was no need to end the life of the father “just” because he broke into the house and started wailing on his adult daughter. This is the legal regime that the opponents of Castle and Stand Your Ground are demanding that we live under.
Personally I don’t care if you’re Freddy Kreuger or Mother Theresa. If you break into my house, I’m going to put bullet holes in you. And then I’m going to sue your estate for the cleaning bill.
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