Sunday, May 29, 2011

Something I Don't Normally Do...

I don't normally respond to late comments made on "Dead Goblin" posts. Occasionally there will be a "U DIDN'T NO [goblin X] U CANT JUDGE HIM" type comment that appears sometime after the DGC entry. I tend to leave those alone, letting them speak for themselves.

Comments to this post, particularly the last one, though, do merit a response.

In this case, it certainly does seem like the shooting was, while justified, quite regrettable. With more facts coming out, it seems like the deceased in question was simply in the wrong place at the wrong time, a series of lifetime bad choices all culminating in a scared homeowner taking his life.

Did he deserve to die? That's the million dollar question.

See, it's real easy, from the vantage point here, to second-guess the homeowner. We know (assuming the facts as presented are correct) that the deceased was merely cutting through the property in an attempt to evade the police. It does not appear as though he posed any threat to the homeowner - from this vantage point.

That's the problem. It's real easy to look at things and say, hey, the kid didn't pose a threat, why'd he have to shoot him? It's another thing entirely to have some stranger in your backyard, not responding to your queries, lurking about and trying not to be spotted. The thing is, the homeowner had no idea this was just some drunk guy hiding from the cops. There's no way to know the difference between someone like the deceased and someone like Christopher Gribble, a lunatic with a knife and no qualms about brutally murdering someone just for fun.Link

From all accounts, looking back with 20/20 hindsight, it certainly appears as though Shane did not deserve to die. He did something stupid - and putting yourself in a position where you have to run from the cops, hiding in a stranger's yard is stupid, let's not kid ourselves here - and he paid the ultimate price for it. Only two people know for certain what happened in that backyard, and one is dead. What is not in dispute, however, is that the deceased was trespassing; he was inebriated; and he was hiding from the police.

It's interesting how the same story can look so radically different depending on perspective. Friends of the deceased see this as a young man, out drinking with his friends, who makes one mistake (hiding in someone's backyard) and getting killed because of it. I'd wager a good number of us have been somewhere we shouldn't have been at one point in our lives or another; it'd be a rare bird indeed who didn't have at least one version of "and then the cops showed up". I won't pretend I don't.

But from the homeowner's perspective, you've got someone in your backyard - in your personal space - with cops prowling the neighborhood looking for *something*. You call out to get the hell out and receive no answer - or maybe the stranger ducks down, trying to avoid your sight. You have no idea that this some drunk kid trying to stay out of jail - all you know is that the cops are looking for someone and someone is hiding in your backyard. You tell them to leave and they don't - do you wait for them to come crashing through the back door before you act?

I hope I never have to make that decision. I pray for that homeowner, because unless he's a ghoul he's going to spend the rest of his life kicking himself for the decision he made. He's going to second-guess every second of that encounter: Should I have waited longer? Should I have gone upstairs? Justified or not, he took someone's life. He took away all Shane's tomorrows, all of Shane's chances for redemption.

But it was Shane who put himself in the position where someone had to make the decision to take his life.

That's the part that gets forgotten, the personal responsibility angle. Shane chose to hide in that homeowner's backyard. Shane chose to hide from the cops. Shane chose to go to a party and drink to excess. Shane chose to get in a fight that would result in the cops being called. He made a series of bad calls, none of which by themselves would merit what happened, but when pulled together resulted in a tragedy. He didn't have to die, that's certain - but only he could have prevented it.

And that homeowner is the one who has to live with himself after Shane's mistake.

That is all.

7 comments:

Tim Covington said...

I don't fault the homeowner. But, incidents like this are why my rule is, as long as they are not attempting entry into my home I just call the cops. I don't want to live with killing someone just because they made the mistake of entering my backyard.

LC Scotty said...

We had a similar case here in the Buffalo area. Out of towner (by all accounts a decent fellow sans criminal record) at local party got blisteringly drunk and went walkabout. Tried to return but let himself into a house a few doors down. Homeowner repeatedly warned the guy that he was armed and not to try and come upstairs. Drunk intruder makes for the stairs and gets shot.

All around a tragic scenario-can't really fault the homeowner (who was not charged, even in gun-hostile NY) and you feel bad for all involved.

There but for the grace of God and all that...

http://www.nyfirearms.com/forums/firearms-news/8600-amherst-homeowner-kills-intruder.html

http://www.buffalonews.com/city/article47096.ece

Toastrider said...

Have to agree with Tim. Until someone attempts to force entry, I'll stick to verbal warnings.

Of course, you kick the door in, all bets are off and I start shooting.

Bubblehead Les. said...

This might help those who may have to face this situation in the future. When I shot at my Home Invader, I had given the kid (17 year old with a long rap sheet) plenty of warning, I told the kid multiple times I was armed, I had called the Cops and was on the line with them, and the only means to escape would put me into kid's face. But the kid kept trying to break through the window. When I heard the glass break, and I saw the bulge through curtain moving into the window, like a pistol in a coat pocket, I pulled the trigger.

The only reason the kid lived was due to fact I shot from the hip instead of using the Front Sight.

When I had to face the Judge, (and if you shoot someone, you WILL be talking to the Authorities), the Judge dropped all Charges against me because he said" due to the Fact that the Perpetrator (the kid) broke the PLANE of ENTRY", and I had no way to retreat, I was Justified in shooting at the kid.

The kid got a year in Jail for B+E and Possession of Burglary Tools (the Glass Cutter he had in his hand that created the Pistol-Like Bulge in the Curtain).

This occurred in Va. Beach in Jan.,1983, and there was no such thing as Castle Doctrine or Affirmative Defense at the time in that State.

Plus, it helped when my Lawyer informed the Judge that it took the Police 11 minutes to respond to the scene, while the 2nd. Precinct Police Station was a 5 minute stroll from my Door.

What you do to defend yourself, is, of course, up to your Judgement. But that's what I had to go through, and I hope I never have to do it again.

Hope this helps.

Mike Doyle said...

I don't know. No, this kid probably didn't deserve it the way some murderous thug would, and I certainly sympathize with his family and friends, but... There's a quotable quote from a naval story that comes to mind. I'm paraphrasing from memory, but it was something like: "... You can make a mistake, and it can cost you a finger or it can cost you your life, or the life of your shipmate. Or it can mean your ship breaks up and it costs you your life and the lives of all your shipmates. Now, the best thing you can say for these lads is that they got into some bloody foolishness, which is a mistake anywhere. And, if that foolishness cost them their lives, well, that's what mistakes cost."

Speaking as a former Aviation Ordnanceman, a former Tanker, and a former Deputy, I have to endorse that view. Life isn't fair, and sometimes you can get yourself killed for no better reason than you had some bad luck. And if you bought extra tickets in the bad-luck lotto by making a mistake, well, I'm sorry as hell, but that's what mistakes do cost.

In the same vein, whether he meant to or not, this young man foolishly took on more liquor than he could hold, foolishly got in over his head, foolishly ran from the consequences of his foolishness, and in the process, foolishly scared a householder sufficiently to cause the householder to open fire. And if that series of foolish mistakes cost him his life, well, I'm sorry as hell, but that's what mistakes do cost.

Just in case the persons objecting in comments look again at the original post, I'm going to post a variation on this in the comments to the OP. As I said, I'm sympathetic to the next-of-kin, and to the lad's friends, but that anonymous poster's unwarranted slander about "Cold-blooded murder" is either egegiously wrong-headed, or wilfully inflammatory. I have to at least try to get him to reconsider.

Comrade Misfit said...

In some states, the homeowner would be charged and probably convicted of manslaughter.

If the moron is breaking into your house, that's one thing. But just out in your yard? Watch him and call the cops.

dr mac said...

A Felon with a history of assault with physical injury, burglary, assisting gang activity. Now fighting,inebriated, and trespassing at night.
"Criminals do not die by the hands of the law. They die by the hands of other men".
-George Bernard Shaw