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if someone threatens me, shows up at my residence, and assaults me...chances are they'll be shot.
LaRue should not be charged.
http://en.wikipedia.org/wiki/Castle_Doctrine
"potential ass-kicking"? And how does that prosecutor know that this is all the man intended to do or that nothing more than bumps or bruises would result? This is rediculous. I agree. A warning shot would be among the few things I would do on your behalf if I were attacked in my home. If that didnt stop you then God help us both.
I'm a Nurse, been in the Army, trained in some martial arts as a teen, witnessed a few bad qoute "asskickings" (several involving drunken people) and I can say without a doubt that assault (or an "ass-kicking") always has potential to end in someones death. Especially when alcohol is involved. Jealous enraged drunken people do not historically respond well to reason and often will not stop until you or someone stops them first or they sober up. Which ever comes first. Once they get intoxicated beyond the point of reason the odds are not in there favor.
One part of this "tragedy" is that the man who died could have been spared by many means prior to this emotional upset and subsequent decision to use alcohol perhaps as a means to cope. This is a common social problem and any subject to which a person is emotionally tied could be the catalyst that enrages them after drinking enough. Its hard to walk away from betrayal by a friend or lover but thats exactly what we need to do and carry on with our lives. Its to short to die for something like this.
Lethal combination: love triangle, booze, guns. Period.
A shotgun, being composed of metal and wood, is a profoundly effective club capable of smacking the crap out of a beligerant drunk without taking his life. Then the police could have been called. This is a life that may have been taken unnecessarily.
"if someone threatens me, shows up at my residence, and assaults me...chances are they'll be shot. "
Absolutely.
This was not some boxing match that both parties agreed to in advance to fight on an "equal" basis.
If somebody shows up on your property and assaults you, you have no obligation to refrain from shooting him just because he doesn't have a gun. You are perfectly justified to shoot him to prevent him from putting his hands on you.
This is an easy one.
If someone attempts to break into your home, ignores a warning shot, and then assaults you, you have every right to defend yourself.
A grown adult can easily kill or seriously hurt you without a weapon. And how would the home owner know that he was unarmed.
Suppose he put the shotgun down and then the attacker pulled out a knife.
It is sad that the man died, but it was his own fault. Lesson to learn: Don't punch a man who's holding a shotgun.