Maybe prosecutors would not bring charges in Florida -- see the similar event below.
Maybe people who have been attacked think the attacker(s) is (are) maneuvering for better position when they turn to run. And thugs are always so believable if they live. Maybe lawyers just like to parse battles like they like to parse contracts and that makes me glad we have juries in this country. Phil http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20060619/NEWS/606190497/1006/SPORTS Man turns table, gun on intruder STAFF REPORT BRADENTON -- A man who had been sleeping wrestled a shotgun away from a home intruder early Sunday, then chased the suspect out of the house and fired twice at the getaway vehicle, sheriff's officials said. There were no injuries in the shooting, which happened outside a Bradenton apartment building in the 6700 block of Second Avenue Circle West at about 4:30 a.m. A 43-year-old woman and a 28-year-old man were sleeping when they heard someone breaking into their apartment early Sunday. Sheriff's reports gave this account: The alleged burglar, a 48-year-old Bradenton man named Larry J. Guy, who authorities said was the woman's ex-boyfriend, confronted the victims in the bedroom. The ex-girlfriend had just filed domestic-complaint papers against Guy last week in Manatee County court. Guy was armed with a shotgun and a hunting knife when he threatened to kill the two, deputies said. He reportedly struck both victims with the butt of the shotgun, cutting the man's head and face. But the 28-year-old man, Jason Trimbach, fought back, and wrested away the intruder's gun. Trimbach chased Guy to his truck, and fired two blasts into the grille to disable the truck. But the effort failed and Guy got away. Authorities got a call at about 11:30 a.m. Sunday from an attorney saying Guy wanted to surrender on charges of armed burglary and aggravated battery. Guy was arrested at Manatee Memorial Hospital, where he was treated for minor injuries stemming from the confrontation. He was being held without bail late Sunday at the Manatee County jail. Quoting "Volokh, Eugene" <[EMAIL PROTECTED]>: > Well, I was focusing on the most serious charge, the one that > Joe explicitly stressed. I agree that the weapons and firearm charges > might not have happened in the U.S., depending on the kinds of weapons > involved, and depending on Mr. Young's status. > > Also, of course the thugs might have been lying about when the > shot happened -- but that too is hardly an exclusively Canadian > possibility. If an American prosecutor believed an armed robber who > said that someone tried to shoot him while he was fleeing, I think he'd > be entitled to bring attempted murder charges in nearly every state (or > possibly indeed every state). > > Eugene > > > -----Original Message----- > > From: [EMAIL PROTECTED] > > [mailto:[EMAIL PROTECTED] On Behalf Of > > [EMAIL PROTECTED] > > Sent: Tuesday, June 20, 2006 1:22 PM > > To: [email protected] > > Subject: RE: "Oh Canada" > > > > > > You missed the part: > > "Now, 28 year old Harvey Joseph Young is charged with > > Attempted Murder, along with eight other weapons and > > firearm-related charges." > > > > First, it might seem to me that the two thugs confessing to > > home invasion might lie about when the shot happened. The > > story doesn't report what Mr. Young said. > > > > In the civilized parts of the country (mostly excluding > > places like California, New York, New Jersey and the like), > > it would be hard to imagine 8 weapons and firearm charges > > unless Mr. Young were a "disapproved person" who couldn't > > possess firearms. > > > > Phil > > > > > > Quoting "Volokh, Eugene" <[EMAIL PROTECTED]>: > > > > > Wouldn't the same be true in the U.S. (at least as a > > matter of the > > > law on the books, if not in action), if indeed the > > following is true > > > and complete? > > > > > > "Two men kicked in the front door of the home, and the property > > > owner grabbed a firearm. At that point the invaders left > > ... but as > > > they were going, a shot was fired at their vehicle and hit the > > > driver." > > > > > > Hard to argue self-defense there; maybe one can argue > > it down to > > > attempted voluntary manslaughter (because of the provocation) from > > > attempted murder, but attempted murder is not an > > implausible charge, > > > no? > > > > > > Eugene > > > > > > -----Original Message----- > > > From: [EMAIL PROTECTED] > > > [mailto:[EMAIL PROTECTED] On Behalf > > Of Joseph E. > > > Olson > > > Sent: Tuesday, June 20, 2006 6:32 AM > > > To: List Firearms Reg > > > Subject: "Oh Canada" > > > > > > > > > > > > Two suspects in a home invasion in Canada are in custody, > > after going > > > directly to the police to complain that their intended > > victim shot at > > > them. The homeowner is facing charges, including attempted murder. > > > > > > http://www.cjob.com/news/index.aspx?src=loc > > > <http://www.cjob.com/news/index.aspx?src=loc&mc=local&rem=40859> > > > &mc=local&rem=40859 > > > > > > > > > Professor Joseph Olson, J.D., LL.M. o- 651-523-2142 > > > Hamline University School of Law f- 651-523-2236 > > > St. Paul, MN 55113-1235 c- 612-865-7956 > > > [EMAIL PROTECTED] > > > > > > > > > > > > > > > > ------------------------------------------------- > > This mail sent through IMP: http://horde.org/imp/ > > _______________________________________________ > > To post, send message to [email protected] > > To subscribe, unsubscribe, change options, or get password, > > see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof > > > > Please note that messages sent to this large list cannot be > > viewed as private. Anyone can subscribe to the list and read > > messages that are posted; people can read the Web archives; > > and list members can (rightly or wrongly) forward the > > messages to others. > > > _______________________________________________ > To post, send message to [email protected] > To subscribe, unsubscribe, change options, or get password, see > http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof > > Please note that messages sent to this large list cannot be viewed as > private. Anyone can subscribe to the list and read messages that are posted; > people can read the Web archives; and list members can (rightly or wrongly) > forward the messages to others. > ------------------------------------------------- This mail sent through IMP: http://horde.org/imp/ ----- End forwarded message ----- ------------------------------------------------- This mail sent through IMP: http://horde.org/imp/ _______________________________________________ To post, send message to [email protected] To subscribe, unsubscribe, change options, or get password, see http://lists.ucla.edu/cgi-bin/mailman/listinfo/firearmsregprof Please note that messages sent to this large list cannot be viewed as private. Anyone can subscribe to the list and read messages that are posted; people can read the Web archives; and list members can (rightly or wrongly) forward the messages to others.
