Why the fuck are you in someone elses home uninvited? Whatever crime you are attempting is still posing a threat, theft, murder, robbery, rape.mikkel wrote:
Where do you get the part about theft from? I don't see how your reply is relevant to the question I asked Reciprocity.Cybargs wrote:
Don't try to step into someone's home uninvited. Is your life worth so little as a tv set you trying to steal?mikkel wrote:
That's pretty extreme. Are you saying that you are likely to kill people who enter your home uninvited and pose a threat that you can't otherwise disarm, or is trespassing in itself a capital offense in your corner of the world?
http://edition.cnn.com/2007/US/law/12/2 … index.htmlRiverhead police say this all started with an Internet prank sent from the MySpace page of White's son, 20-year-old Aaron. Under his screen name, a threatening message was sent to a teenage girl who was a close friend of Daniel Cicciaro.
The night Cicciaro was killed, he was at a party with the girl when they spotted Aaron White. According to court testimony, Cicciaro became angry and White was asked to leave. Aaron White testified that after he left the party, Cicciaro and a male friend called him on his cell phone, saying to him, "Get back to this party you n****r."
Aaron White says he then went home and received more calls from Cicciaro and his friends, telling him they were coming to his house to kill him. He then woke his father, who grabbed his handgun and waited for the boys to arrive.
Police say that around 11 p.m., Cicciaro and four friends arrived at White's house. John and Aaron White walked out of their house, both holding guns, and had a heated exchange with Cicciaro and his friends. John White asked the boys to leave.
Then, police say, John White shot Cicciaro at point-blank range. Cicciaro died in the emergency room that night.
But the rape threat that sparked the confrontation between Daniel Cicciaro and Aaron White was not real. Under testimony, Aaron White's friend Michael Longo admitted he logged on to Aaron's MySpace page and sent the threat to the girl as a joke.
Daniel Cicciaro's mother, Joanne Cicciaro, says her son was trying to protect the girl. "The thing is, that night, Daniel believed Aaron threatened to rape a girl that was like his little sister," Cicciaro said.
During the trial, which lasted three weeks and ended Tuesday, John White broke down in tears. He testified, "I didn't mean to shoot this young man. This young man was another child of God."
White's attorneys say that racism lies at the heart of the confrontation and that John White feared Cicciaro and his friends were going to kill his son.
"You had this group of white men who felt that they were going to defend this young white woman from a black man who said these things about her, and they felt justified to do so because of his race," said defense attorney Fred Brewington.
But Daniel Cicciaro's father, also named Daniel, says he doesn't believe White's story. "He had 20 minutes to gather his thoughts, to call the police to defuse the situation, to find out why they were coming over, and he didn't take any of the precautionary steps" he said.
"The Whites, none of them, ever called 9-1-1, even after he shot Daniel, but he did call their attorney," Joanne Cicciaro added.
Seems a bit more complex than a home invasion, loading up an illegal firearm and waiting 20 minutes.
http://www.nytimes.com/2007/11/28/nyregion/28shoot.html“John White did not lock his doors. He did not call 911. He did not go outside and try to defuse a volatile situation.” Then, he added: “Instead, he armed his 19-year-old son with a loaded shotgun. He armed himself with an illegal .32-caliber handgun. And he confronted these unarmed boys.”
Last edited by Dilbert_X (2010-07-09 00:03:36)
Fuck Israel
If you enter my home uninvited, I am going to assume that your intentions are malicious. Based on that assumption, there is a good chance that I will kill you. Of course, I wouldn't shoot without looking, I wouldn't shoot without some understanding what's going on, but I will approach the situation armed and with aggression.mikkel wrote:
That's pretty extreme. Are you saying that you are likely to kill people who enter your home uninvited and pose a threat that you can't otherwise disarm, or is trespassing in itself a capital offense in your corner of the world?Reciprocity wrote:
I'm all for killing home invaders. The home is the final defensible boundary. If you enter my home uninvited, I will probably kill you.
Please don't be offended, please don't think I'm some kind of anti-social, vigilante nutjob. I have no problem with letting people I know into my home. I just can't think of a single rational explanation for someone, known or otherwise, being in my house without my permission.
The text in bold are what I consider questionable as to simply defending house and home. I think manslaughter is appropriate considering these facts, and he'll be out in in under 2 years in all probability.Dilbert_X wrote:
http://edition.cnn.com/2007/US/law/12/2 … index.htmlRiverhead police say this all started with an Internet prank sent from the MySpace page of White's son, 20-year-old Aaron. Under his screen name, a threatening message was sent to a teenage girl who was a close friend of Daniel Cicciaro.
The night Cicciaro was killed, he was at a party with the girl when they spotted Aaron White. According to court testimony, Cicciaro became angry and White was asked to leave. Aaron White testified that after he left the party, Cicciaro and a male friend called him on his cell phone, saying to him, "Get back to this party you n****r."
Aaron White says he then went home and received more calls from Cicciaro and his friends, telling him they were coming to his house to kill him. He then woke his father, who grabbed his handgun and waited for the boys to arrive.
Police say that around 11 p.m., Cicciaro and four friends arrived at White's house. John and Aaron White walked out of their house, both holding guns, and had a heated exchange with Cicciaro and his friends. John White asked the boys to leave.
Then, police say, John White shot Cicciaro at point-blank range. Cicciaro died in the emergency room that night.
But the rape threat that sparked the confrontation between Daniel Cicciaro and Aaron White was not real. Under testimony, Aaron White's friend Michael Longo admitted he logged on to Aaron's MySpace page and sent the threat to the girl as a joke.
Daniel Cicciaro's mother, Joanne Cicciaro, says her son was trying to protect the girl. "The thing is, that night, Daniel believed Aaron threatened to rape a girl that was like his little sister," Cicciaro said.
During the trial, which lasted three weeks and ended Tuesday, John White broke down in tears. He testified, "I didn't mean to shoot this young man. This young man was another child of God."
White's attorneys say that racism lies at the heart of the confrontation and that John White feared Cicciaro and his friends were going to kill his son.
"You had this group of white men who felt that they were going to defend this young white woman from a black man who said these things about her, and they felt justified to do so because of his race," said defense attorney Fred Brewington.
But Daniel Cicciaro's father, also named Daniel, says he doesn't believe White's story. "He had 20 minutes to gather his thoughts, to call the police to defuse the situation, to find out why they were coming over, and he didn't take any of the precautionary steps" he said.
"The Whites, none of them, ever called 9-1-1, even after he shot Daniel, but he did call their attorney," Joanne Cicciaro added.
Seems a bit more complex than a home invasion, loading up an illegal firearm and waiting 20 minutes.http://www.nytimes.com/2007/11/28/nyregion/28shoot.html“John White did not lock his doors. He did not call 911. He did not go outside and try to defuse a volatile situation.” Then, he added: “Instead, he armed his 19-year-old son with a loaded shotgun. He armed himself with an illegal .32-caliber handgun. And he confronted these unarmed boys.”
Liq: There appears to me some level of premeditation in this, not for murder, but certainly arming both himself and his son with loaded firearms when he could've called 911 if he really did feel a threat, and then afterwards calling his attorney suggests to me that he kinda knew he was doing the wrong thing from the start.
Suspected gas leak while you're out, for example?Reciprocity wrote:
Please don't be offended, please don't think I'm some kind of anti-social, vigilante nutjob. I have no problem with letting people I know into my home. I just can't think of a single rational explanation for someone, known or otherwise, being in my house without my permission.
Fuck Israel
Should have been done for murder really.Jaekus wrote:
Liq: There appears to me some level of premeditation in this, not for murder, but certainly arming both himself and his son with loaded firearms when he could've called 911 if he really did feel a threat, and then afterwards calling his attorney suggests to me that he kinda knew he was doing the wrong thing from the start.
Still, dumb kid takes the law into his own hand and dies - too bad.
Dumb adult take the law into his own hands and goes to prison - too bad.
Fuck Israel
No tears will be shed for any of the parties involved by me.
Last edited by Spark (2010-07-09 01:56:27)
The paradox is only a conflict between reality and your feeling what reality ought to be.
~ Richard Feynman
~ Richard Feynman
It does come down to intent. I guess the prosecution would have a hard time proving intent to kill under the circumstances.Dilbert_X wrote:
Should have been done for murder really.Jaekus wrote:
Liq: There appears to me some level of premeditation in this, not for murder, but certainly arming both himself and his son with loaded firearms when he could've called 911 if he really did feel a threat, and then afterwards calling his attorney suggests to me that he kinda knew he was doing the wrong thing from the start.
Yeah, it's just all a bit fucked up really.Still, dumb kid takes the law into his own hand and dies - too bad.
Dumb adult take the law into his own hands and goes to prison - too bad.
I'd say loading two guns and lying in wait for 20 minutes might go some way towards intent.Jaekus wrote:
It does come down to intent. I guess the prosecution would have a hard time proving intent to kill under the circumstances.
Thats life in the ghetto for you.Yeah, it's just all a bit fucked up really.
Last edited by Dilbert_X (2010-07-09 02:04:36)
Fuck Israel
Well, off-topic for just a moment, having a gun in the first place signals intent.
edit - I think the votes have it: everyone fucked up.
edit - I think the votes have it: everyone fucked up.
Last edited by unnamednewbie13 (2010-07-09 02:05:50)
I'm wondering why some of you suddenly say that he should have gone into his house and called the police.
They where on his driveway, which AFAIK belongs to his house, so it's already trespassing.
When some farmer in Arizona says that he will shoot on sight any "illegal immigrant" on his land, he's a hero.
Anyway, if his fatal shot was the only one, with no warning shot before, then the manslaughter charge is justified. After all, a human died through his action.
Another question is why he shot him in the face and not somewhere else less dangerous, like his legs.
They where on his driveway, which AFAIK belongs to his house, so it's already trespassing.
When some farmer in Arizona says that he will shoot on sight any "illegal immigrant" on his land, he's a hero.
Anyway, if his fatal shot was the only one, with no warning shot before, then the manslaughter charge is justified. After all, a human died through his action.
Another question is why he shot him in the face and not somewhere else less dangerous, like his legs.
Very dodgy that he called his lawyer before the police. Very, very dodgy.
The paradox is only a conflict between reality and your feeling what reality ought to be.
~ Richard Feynman
~ Richard Feynman
suddenly? he had 20 minutes to call the police, they didn't just show up and try to kick his door in ffsglobefish23 wrote:
I'm wondering why some of you suddenly say that he should have gone into his house and called the police.
They where on his driveway, which AFAIK belongs to his house, so it's already trespassing.
When some farmer in Arizona says that he will shoot on sight any "illegal immigrant" on his land, he's a hero.
Anyway, if his fatal shot was the only one, with no warning shot before, then the manslaughter charge is justified. After all, a human died through his action.
Another question is why he shot him in the face and not somewhere else less dangerous, like his legs.
a farmer in Arizona popping illegals is different
you don't fire warning shots and you don't shoot to wound... and a shot to the leg can kill you just as easy
it took the both of their actions for a life to be ended, if the kid stayed at the party he wouldn't be dead
Idiocy from all parties involved.
I stood in line for four hours. They better give me a Wal-Mart gift card, or something. - Rodney Booker, Job Fair attendee.
1) Should not have shot dude unless self defense
2) Should not have shown up as a lynch mob
Everyone got what they deserved.
In Texas you have the right to defend your house and your family. Legally shooting someone on your property in self defense is allowed. However, if you pursue someone off your property you have now committed manslaughter. If attacker is fleeing, it is no longer self defense. Same goes here.
Did White have the situation defused or was it self defense? Whether or not he called 911 before is not even an issue.
Another question: so if White's in trouble for not calling 911, what about the mob? Why didn't they call 911?
2) Should not have shown up as a lynch mob
Everyone got what they deserved.
In Texas you have the right to defend your house and your family. Legally shooting someone on your property in self defense is allowed. However, if you pursue someone off your property you have now committed manslaughter. If attacker is fleeing, it is no longer self defense. Same goes here.
Did White have the situation defused or was it self defense? Whether or not he called 911 before is not even an issue.
Another question: so if White's in trouble for not calling 911, what about the mob? Why didn't they call 911?
I don't think anyone "deserved" to die for what happened, do you?
But all parties were accountable at some level or another.
But all parties were accountable at some level or another.
You make death threats against someone and then show up at their home. On top of that you show up aggressive with a group. You better expect your target/victim to defend themselves. I would have stayed in the home, armed, and called police. Attempt to enter my home without permission and I take it as a serious threat. I don't care why or when you are coming in, I'm defending myself and anyone else in my home. Your intentions are unknown and extremely threatening.
If you are involved in something as serious as shooting someone you'd have to be a complete idiot to talk to police without an attorney. Police interview people all day every day. It's their profession. It's like stepping on the court with a pro basketball player and expecting to win. They control the game and outcome. You keep your mouth shut and speak through your lawyer. The law isn't always on your side even if you are 100% in the right. When people are involved things get twisted, manipulated, etc. It's your life, don't ruin it by opening your mouth during the most emotional and stressful time in your life and screwing up one little detail.
If you are involved in something as serious as shooting someone you'd have to be a complete idiot to talk to police without an attorney. Police interview people all day every day. It's their profession. It's like stepping on the court with a pro basketball player and expecting to win. They control the game and outcome. You keep your mouth shut and speak through your lawyer. The law isn't always on your side even if you are 100% in the right. When people are involved things get twisted, manipulated, etc. It's your life, don't ruin it by opening your mouth during the most emotional and stressful time in your life and screwing up one little detail.
I don't believe he was 100% in the right. Not at all. He had time to defuse the situation lawfully. Instead he chose to arm himself and his son, confront the guy and shoot him. It was stated the deceased was unarmed, so with him carrying a loaded gun and his son a shotgun it would hardly be right to take the law into his own hands as he did.
Calling his attorney first just makes him look guilty, simple as that. He had ample time to call the police if he truly thought he was in danger, but he made the choice not to, killed someone and now is doing time for his crime. Neither party is innocent in this, and one paid the ultimate price, the other will be out in under 2 years and will have it on his conscience for the rest of his life.
He made choices, someone died, clearly they were the wrong choices and now he has to live with the consequences. This isn't a hypothetical "if it were me defending my home from someone unexpected" scenario, this is something he knew was happening and acted outside the law. Clearly so, because he's doing time.
Calling his attorney first just makes him look guilty, simple as that. He had ample time to call the police if he truly thought he was in danger, but he made the choice not to, killed someone and now is doing time for his crime. Neither party is innocent in this, and one paid the ultimate price, the other will be out in under 2 years and will have it on his conscience for the rest of his life.
He made choices, someone died, clearly they were the wrong choices and now he has to live with the consequences. This isn't a hypothetical "if it were me defending my home from someone unexpected" scenario, this is something he knew was happening and acted outside the law. Clearly so, because he's doing time.
Both parties made mistakes.
Having a firearm does NOT show intent anymore than owning a subaru makes one a hippy. 80 million Americans own firearms, but 80 million Americans are not waiting for the chance to murder someone.
Sitting in your home is NOT normally considered a sinister act of "laying in wait."
Lots of people have firearms and ammo readily accessible, so we cannot assume too much about them being armed on their own property.
When someone makes a verbal threat on your life, then shows up at your house with a group of people, I would say you have a valid reason to be concerned.
Where the Whites went wrong was leaving their house to confront them, and not calling the police. Calling the lawyer before the police just looks bad, even though calling a lawyer is a smart thing to do. If he had reversed the order, people would call him smart rather than assume he did something wrong.
Since there are very few details here about what happened during the confrontation, it is hard to make an accurate judgement on self-defense pleas.
Lessons:
Don't threaten people. (Over facebook, the phone, or in person)
Don't leave a safe place to confront people.
DO call the police immediately, when something looks to be going badly.
DO understand and follow the law, especially concerning the use of force.
(Keep your facebook account secure)
Having a firearm does NOT show intent anymore than owning a subaru makes one a hippy. 80 million Americans own firearms, but 80 million Americans are not waiting for the chance to murder someone.
Sitting in your home is NOT normally considered a sinister act of "laying in wait."
Lots of people have firearms and ammo readily accessible, so we cannot assume too much about them being armed on their own property.
When someone makes a verbal threat on your life, then shows up at your house with a group of people, I would say you have a valid reason to be concerned.
Where the Whites went wrong was leaving their house to confront them, and not calling the police. Calling the lawyer before the police just looks bad, even though calling a lawyer is a smart thing to do. If he had reversed the order, people would call him smart rather than assume he did something wrong.
Since there are very few details here about what happened during the confrontation, it is hard to make an accurate judgement on self-defense pleas.
Lessons:
Don't threaten people. (Over facebook, the phone, or in person)
Don't leave a safe place to confront people.
DO call the police immediately, when something looks to be going badly.
DO understand and follow the law, especially concerning the use of force.
(Keep your facebook account secure)
I don't think the drunk guy was justified, but neither was shooting him. If he just beat up the drunk kid, I'd agree with you macbeth. But White shouldn't have shot the guy, unless he was cornered with no other option. He should get a light prison sentence.
nope, no gas in my house. I don't want to worry about gas asplosions whilst I'm shooting intruders.Dilbert_X wrote:
Suspected gas leak while you're out, for example?Reciprocity wrote:
Please don't be offended, please don't think I'm some kind of anti-social, vigilante nutjob. I have no problem with letting people I know into my home. I just can't think of a single rational explanation for someone, known or otherwise, being in my house without my permission.
Happened a few towns over from me.
Both parties were wrong in what they did. I think his sentence was pretty fair. Although I have to say, if I was in his position I don't think I can say I wouldn't do the same thing.
Both parties were wrong in what they did. I think his sentence was pretty fair. Although I have to say, if I was in his position I don't think I can say I wouldn't do the same thing.
It's always the same stupid comment every time this subject comes up: "but, waaaaaaaah, we don't waaaaaaaaaah give the death penalty for waaaaaaaaah tres-waaaaaaah-passing! (waaaaah!)" Look, if you break into my house, why the hell should I assume all you intend to do is walk around a bit and then leave? Why should I, a law-abiding individual, put my life at risk by assuming benign intent from someone already in the midst of committing a crime?mikkel wrote:
That's pretty extreme. Are you saying that you are likely to kill people who enter your home uninvited and pose a threat that you can't otherwise disarm, or is trespassing in itself a capital offense in your corner of the world?
Call me a sociopath if you wish, but I decline to trust in a burglar's good intentions.
the general public, trying to force entry into my house, will be met with
and if you get by me, my wife has
a single shot, to be sure, but she kills with her heart, not with her hand.
and if you get by me, my wife has
a single shot, to be sure, but she kills with her heart, not with her hand.