Byron Smith murder trial in US - wow

Byron Smith murder trial in US - wow

Author
Discussion

98elise

26,568 posts

161 months

Thursday 24th April 2014
quotequote all
The killing of the bloke sounds like it could be justified. He shot an intruder and he died.

The killing of the girl sounds like an execution. He shot her ans she fell down the stairs. He shot her again. He then dragged her across a room, place a gun under her chin, and finished her off.

When someone has been shot 3 times, fallen down a flight of stairs, and has to be dragged across a room. You can be pretty sure they are not much of a threat. Thats the point you call the police and an ambulance. You don't find a soft spot on the head so you can ensure a kill. Thats an execution.

Vaud

50,467 posts

155 months

Thursday 24th April 2014
quotequote all
98elise said:
The killing of the bloke sounds like it could be justified. He shot an intruder and he died.

The killing of the girl sounds like an execution. He shot her ans she fell down the stairs. He shot her again. He then dragged her across a room, place a gun under her chin, and finished her off.

When someone has been shot 3 times, fallen down a flight of stairs, and has to be dragged across a room. You can be pretty sure they are not much of a threat. Thats the point you call the police and an ambulance. You don't find a soft spot on the head so you can ensure a kill. Thats an execution.
I agree completely.

98elise

26,568 posts

161 months

Thursday 24th April 2014
quotequote all
Pommygranite said:
If it wasn't two good looking white teenagers but two ugly black men no one would care sadly.
While I understand why you say that, but it only made one paper here, and its not even big news in the states.

When a Marine in afganistan killed an injured insurgent there was a similar debate, it was all over the news, and had at least one documentary about it.

Edited by 98elise on Thursday 24th April 07:44

Baryonyx

17,996 posts

159 months

Thursday 24th April 2014
quotequote all
Interesting case, and I have no sympathy for the violent thugs who have been put down in this strange affair. It's hard to view this case through European eyes, a view so often enfeebled by our lack of rights to self defence.

If anything, the shooter in this case should have used a more suitable round rather than a Raccoon-killer .22. Even a 9mm would have saved him having to make the 'finishing shots'.

Bill

52,747 posts

255 months

Thursday 24th April 2014
quotequote all
Baryonyx said:
Interesting case, and I have no sympathy for the violent thugs who have been put down in this strange affair. It's hard to view this case through European eyes, a view so often enfeebled by our lack of rights to self defence.

If anything, the shooter in this case should have used a more suitable round rather than a Raccoon-killer .22. Even a 9mm would have saved him having to make the 'finishing shots'.
They were violent?

We have rights to self-defence in the UK, but they are limited to actual self-defence.

KFC

3,687 posts

130 months

Thursday 24th April 2014
quotequote all
Baryonyx said:
If anything, the shooter in this case should have used a more suitable round rather than a Raccoon-killer .22. Even a 9mm would have saved him having to make the 'finishing shots'.
Yup, if he had used suitable rounds he could have killed them with the first shots, no need for the final head shot and no need to see the inside of a police cell.

paranoid airbag

2,679 posts

159 months

Thursday 24th April 2014
quotequote all
Baryonyx said:
Interesting case, and I have no sympathy for the violent thugs who have been put down in this strange affair. It's hard to view this case through European eyes, a view so often enfeebled by our lack of rights to self defence.

If anything, the shooter in this case should have used a more suitable round rather than a Raccoon-killer .22. Even a 9mm would have saved him having to make the 'finishing shots'.
This case is exactly why we have our laws on "self defense", which frankly are better - because we don't give idiots who can't tell self defense from executing a human being the chance to perform the latter. Two people being unnecessarily killed is reason enough to deny someone the right to defend themselves with firearms.

anonymous-user

54 months

Thursday 24th April 2014
quotequote all
They broke in on at least 3 occasions. It's fair to say the state had enough chances to intervene and the kids had enough chances to learn from their mistakes.

Whatever the legal system was playing at, it wasn't working.

The home owner has no reason to assume the intruders are unarmed or non-violent.

Shooting them until the threat abates seems reasonable.

Break into my home, where my family sleep, and you or I will probably die in the ensuing battle. I'll be doing my best to ensure it isn't me.

The legal system having failed the homeowner, it's a bit unseemly for it now to be getting its panties in a twist.

Rather than prosecute him, the system should learn from its mistakes, such that a homeowner doesn't need to gear up to prevent a 3rd or 4th robbery. If it's not willing to do so then it isn't fit for purpose, and the law of the jungle will prevail.

Bill

52,747 posts

255 months

Thursday 24th April 2014
quotequote all
If my house got broken into repeatedly I'd look at improving security. Better locks maybe, and an alarm.

But then I'm not a psychopath. smile

ofcorsa

3,527 posts

243 months

Thursday 24th April 2014
quotequote all
Vaud said:
GavinPearson said:
In America they can kill you if you enter their property. So if you perhaps thought it was worth the risk to enter property in the UK because the penalty was a severe dressing down and a day of picking up litter, you might not think it was worth the penalty in USA because you would lose your life.

It doesn't mean it's the law I would choose in either place, but it's just the way it is there, and outsiders we just have to accept it until people there decide to change the law to something more reasonable.

And if we think a place has stupid laws we can avoid it too.
They can shoot you, if in fear for their lives, etc, but it is not a carte blanche to kill someone.
I didn’t think that was the case. I thought you were also allowed to defend your property in America. I think it does depend on State. I’m sure an American could clear this up for us though.

longblackcoat

5,047 posts

183 months

Thursday 24th April 2014
quotequote all
TopOnePercent said:
Break into my home, where my family sleep, and you or I will probably die in the ensuing battle. I'll be doing my best to ensure it isn't me.
Internet Hard Man Of The Month Award. Points deducted for not settling the matter with a roundhouse kick, but then not everyone can be Chuck Norris.

Grumfutock

5,274 posts

165 months

Thursday 24th April 2014
quotequote all
TopOnePercent said:
They broke in on at least 3 occasions. It's fair to say the state had enough chances to intervene and the kids had enough chances to learn from their mistakes.

Whatever the legal system was playing at, it wasn't working.

The home owner has no reason to assume the intruders are unarmed or non-violent.

Shooting them until the threat abates seems reasonable.

Break into my home, where my family sleep, and you or I will probably die in the ensuing battle. I'll be doing my best to ensure it isn't me.

The legal system having failed the homeowner, it's a bit unseemly for it now to be getting its panties in a twist.

Rather than prosecute him, the system should learn from its mistakes, such that a homeowner doesn't need to gear up to prevent a 3rd or 4th robbery. If it's not willing to do so then it isn't fit for purpose, and the law of the jungle will prevail.
Really? Do we know the girl had broken in before? Don't think so.

The home owner has EVERY reason to assume they are unarmed and non-violent. Was violence used in the 3 previous breakins?

Nobody is rejecting his right to self defence, rather his right to wound and then EXECUTE 2 kids. Oh and he wasn't sleeping he was waiting in ambush, having moved his car to make people think the house was empty.

longblackcoat

5,047 posts

183 months

Thursday 24th April 2014
quotequote all
ofcorsa said:
Vaud said:
GavinPearson said:
In America they can kill you if you enter their property. So if you perhaps thought it was worth the risk to enter property in the UK because the penalty was a severe dressing down and a day of picking up litter, you might not think it was worth the penalty in USA because you would lose your life.

It doesn't mean it's the law I would choose in either place, but it's just the way it is there, and outsiders we just have to accept it until people there decide to change the law to something more reasonable.

And if we think a place has stupid laws we can avoid it too.
They can shoot you, if in fear for their lives, etc, but it is not a carte blanche to kill someone.
I didn’t think that was the case. I thought you were also allowed to defend your property in America. I think it does depend on State. I’m sure an American could clear this up for us though.
Google is your friend

http://en.wikipedia.org/wiki/Castle_doctrine

WinstonWolf

72,857 posts

239 months

Thursday 24th April 2014
quotequote all
Bill said:
If my house got broken into repeatedly I'd look at improving security. Better locks maybe, and an alarm.

But then I'm not a psychopath. smile
If they'd been put inside for any of the other three times they broke into his house they wouldn't be dead now.

Grumfutock

5,274 posts

165 months

Thursday 24th April 2014
quotequote all
WinstonWolf said:
Bill said:
If my house got broken into repeatedly I'd look at improving security. Better locks maybe, and an alarm.

But then I'm not a psychopath. smile
If they'd been put inside for any of the other three times they broke into his house they wouldn't be dead now.
And again, DID the girl breakin before?

WinstonWolf

72,857 posts

239 months

Thursday 24th April 2014
quotequote all
Grumfutock said:
WinstonWolf said:
Bill said:
If my house got broken into repeatedly I'd look at improving security. Better locks maybe, and an alarm.

But then I'm not a psychopath. smile
If they'd been put inside for any of the other three times they broke into his house they wouldn't be dead now.
And again, DID the girl breakin before?
First time you've asked me wink

Here's the thing, in America people will shoot you if you break into their house. Darwin says don't break into peoples houses.

Grumfutock

5,274 posts

165 months

Thursday 24th April 2014
quotequote all
WinstonWolf said:
First time you've asked me wink

Here's the thing, in America people will shoot you if you break into their house. Darwin says don't break into peoples houses.
Yea i know it is the 1st time but everyone keeps saying they and 3 times. I keep pointing out it was only him and it was twice. Sorry.

WinstonWolf

72,857 posts

239 months

Thursday 24th April 2014
quotequote all
Grumfutock said:
WinstonWolf said:
First time you've asked me wink

Here's the thing, in America people will shoot you if you break into their house. Darwin says don't break into peoples houses.
Yea i know it is the 1st time but everyone keeps saying they and 3 times. I keep pointing out it was only him and it was twice. Sorry.
Oh, well that makes it OK then...

Oakey

27,565 posts

216 months

Thursday 24th April 2014
quotequote all
Baryonyx said:
Interesting case, and I have no sympathy for the violent thugs who have been put down in this strange affair. It's hard to view this case through European eyes, a view so often enfeebled by our lack of rights to self defence.

If anything, the shooter in this case should have used a more suitable round rather than a Raccoon-killer .22. Even a 9mm would have saved him having to make the 'finishing shots'.
He didn't have to 'make the finishing shots'. That's not his call. If I accidentally knocked someone down in my car I wouldn't get out and bash their head in with a rock to 'finish them off' using the excuse "Well they were dead anyway.. probably"

Bill

52,747 posts

255 months

Thursday 24th April 2014
quotequote all
Should they have been caught and punished? Yes. Could Smith have done more to prevent break ins? Yes. Was he within his rights to shoot to defend his property? Yes. Should they have broken in? No.

Thus far they're still alive...

Was he right to move his car so his house seem deserted and lie in wait with a book and a couple of guns? No. At that point he went from worried householder to vigilante.

And bear in mind he didn't just defend his property, he kept shooting until he thought they were dead and then shot again when he believed one wasn't.