Home invasion shooting Kirkland

[SteveSarich]

imported post

Dave_pro2a wrote:

Wheelgunner wrote:

I would just like to point out that we are arguing the legality of what the man was doing without analyzing the self defense situation.

He saw a man with a shotgun who was in his house and was willing to kill him and he fired only in response to an attempt to kill him, almost too late.

Second, his automatic jammed. Was it his stance? His hold? his ammo? His magazine feed lips? The recoil spring?

Who knows.

Another argument for  a Wheelgun.

By the way, I am collecting defense stories where an automatic jams at the moment of truth, most are hair raising. Of course, this does not include the stories where the defender does not live through the experience, those are merely classed as "shootings".

The police, a DA/prosecuting attorney, a judge or jury could see it differently than just "a man with a shotgun" in the home. 

Yes the homeowner shot at a person who had a shotgun... but he then (it appears) at a later time he shot an unarmed person who was outside his home, through a closed window.   That could cause a problem.  Sure we don't have a duty to retreat in WA, but we also don't have a castle doctrine and that means it could come down to the opinion of a judge or jury.

He also initially went to investigate the suspected burglary unarmed, discovered something was amiss, went back and got his firearm, and then went to confront the burglar  That could cause a problem.  The fact he left and returned implies he could have safely let and remained gone (exited the home from the bedroom).  Yes we have no duty to retreat... but... ya know... an anti-gun DA... 

And at least one MSM source is reporting that there are time discrepancies between when the shooting took place and when the homeowner dialed 911.  About 45+- min iirc.  They tried to blame daylight savings, but it was not close to a even 60 min discrepancy.

The semi-auto handgun that jammed was a .22.  It is a BIG stretch to judge all semi-auto handguns by the reliability of a rim-fire.  A Glock, Sig, Ruger, Watlher, et cetera in 9mm or .45 all would likely operated fine.  Really I propose that any semi-auto of a proven design, from a reputable manufacture, using a proven center fire round, would have been reliable.

He also had several hundred MMJ plant above the legal maximum. If charged he can mount a positive defense, but the fact is he was above the amount that the government and police accept as the max.  The police could decide to charge him and let the DA/judge/jury sort it out.

He also has threatened to sue the sheriffs department during multiple interviews.  Probably a really, really bad idea (ok it's surely a bad idea).  It's just not smart to be belligerent, grandstanding, needling, etc, toward the police while charges might be pending.  That could influence the police or DA about whether charges should be filed – imho.

Time will tell about this event.  About the only thing sure thing is that a rim-fire isn't the best SD choice.

Please...before you post, read all of the numerous accurate accountings in the press of how this shooting went down. You are posting totally inaccurate information, intentionally or unintentionally, that attempts to make me look like I might not be telling the truth about the timeline. Let me assure you that I am NOT a suspect in any way in this shooting and the timeline is completely accurate.

You don't have to "agree" with medical marijuana, but you will certainly find out that I was within my legal limits. If you'd like to place a little wager on whether or not I'll be charged on either the shooting or the marijuana, I suppose we can start a betting pool here....but you won't win.