Wednesday, January 25, 2006

Houston: Feisty householder fights back against intruders: "Police say three men forced their way into the unit at the apartment complex on West Tidwell near West Sun Forest. The armed men demanded money. The victim first tried to stop the men with a steak knife. The suspects then grabbed the homeowner's 12-month-old daughter and threw her down the stairs. Fortunately, the toddler is OK. One suspect pulled a gun, but the victim was able to get it away from him and shot him. Then the suspect pulled a second gun. The homeowner got it away from him and shot him again, this time killing him. Police say the other two men fled the scene. "The two suspects are known to the complainant," said Officer Philip Yochum with the Houston Police Department. "The dead man is not known to the complainant. They left the scene before police arrived." Investigators say the victim knew the two suspects who got away and that both the victim and suspects are Katrina evacuees. Police aren't sure if the dead suspect is an evacuee as well".

Let me live: "Most states do not require a duty to retreat from violent attack while in the home. A provision of the law sometimes called the castle doctrine that stands in stark contrast to the requirement to retreat while outside the home. That means if you're attacked while outside the home and have a way to retreat the law requires you to take this course of action before deadly force is considered legal.Florida's recently enacted self-defense reform eliminates the duty to retreat while not in your home. Such reform gives the presumption of innocence in an armed encounter back to the law-abiding, and limits how an unscrupulous lawyer can use the law against an honest citizen. Despite claims by the anti-self defense movement Florida's law does not change that deadly force can only be used if a person reasonably fears for their life or has a fear of bodily injury. It also doesn't give immunity for someone who uses deadly force when it isn't warranted."

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