Tuesday, August 22, 2017
Followup KY: Homeowner Found Guilty of Reckless Homicide
The jury found Yarnell guilty Friday afternoon of reckless homicide. Yarnell was charged with murder.
Police said Murphy broke into Yarnell's home before the shooting.
Yarnell said he thought the intruder had a knife, but an investigation did not turn up a weapon.
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1 comment:
I read the story link, and understand what its author presented. A question that needs answer:
Q. Is the Prosecutor/District Attorney just anti-gun, or is s/he seeking to get a conviction - even an innocent person - under their belt?
There are many relevant resources for Kentucky law on this story; I do not know what law is the most recent. (I understand any moderator edit/removal of multiple links):
The Young/Masters 4 Governor, 2015 Blog - March 21, 2015
Kentucky's Vigilante, Stand Your Ground, and Castle Laws (2015)
"It is the tradition that a Kentuckian never runs. He does not have to. He is not obligated to retreat, nor to consider whether he can safely retreat, but is entitled to stand his ground, and meet any attack made upon him with a deadly weapon." Gibson v Commonwealth, 34 SW 936 (Ky. 1931)
"Kentucky citizens are permitted to kill fleeing felons while making a citizen's arrest (Kentucky Criminal Code § 37; S 43, §44)"
http://young4ky.blogspot.com/2015/03/kentuckys-vigilante-stand-your-ground.html
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Kentucky Criminal Code states that a person is allowed to kill a fleeing felon during the act of a citizen's arrest if it is not viewed as excessive force.
http://www.ehow.com/about_6599400_citizen_s-arrest-act.html
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503.080 Protection of property. (1) The use of physical force by a ...
www.lrc.ky.gov/krs/503-00/080.pdf
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055 Use of defensive force regarding dwelling, residence, or occupied ...
www.lrc.ky.gov/statutes/statute.aspx?id=19670
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NRA-ILA | Kentucky `Castle Doctrine` Protects Right Of Self-Defense
https://www.nraila.org/articles/20060707/kentucky-castle-doctrine-protects-rig
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