Bronx homeowner chases would-be intruder down, beats him to death: cops

Sure, cite away.

 

What's this got to do with shooting animals for fun

 

https://www.nytimes.com/2008/07/01/us/01texas.html

Joe horn is the man's name, if you're paywalled at the link. Shot 2 men in the back as they tried to flee a burglary of his neighbors empty home the neighbor asked him to watch.

Ignored the dispatcher telling him not to go outside too

 

Are you under the impression that use of force is supposed to be fun?

 

Excellent, you wouldn't fit in and I dont think youd have a very good time

 

I ride MTB and we have squirrels that try to trip you up by darting in front on your front tire, I never dodge them. If you google "squirrels stuck in brakes" you'd see examples of how they normally end up eventually.

RIP to the cyclist.

 

So, Horn was never tried?

 

Fool should have killed the guy while the guy was on his propert trying to break n enter. He is a fool because he chased after a fleeeing felon.

Thus is sad because morally the homeowner should have every right to kill the perp and teach the perp a lesson. Unfortunately our laws protect the criminal.

 

I would bet that this case played out anywhere in the country the homeowner will be scrudded.

 

A grand jury no billed him because he was well within the statute. Its rather common in justifiable homicides to go before a grand jury.

 

Doesn't work that way. It's felony murder when the intent was to commit another crime, and death is the result. The felony has to be an "independent" felony, which means it's unrelated to the action that caused the murder. If you're committing an assault and kill somebody, then the crime is murder, not felony murder due to the assault.

 

Depends on what the local district attorney wants to charge. About 10 or 15 years ago, a rural Alabama man shot his deer rifle at a burglar who was fleeing in a car, and shot the guy in the head, killing him instantly. This was a shot in the back as the felon was fleeing. The DA didn't press charges.

 

So if you're robbing someone and kill them that's only manslaughter?

 

No, it's murder, but not "felony murder." Felony murder is basically to punish the accomplices, not the actual murderer. Please read what I write. I don't know why you think I said anything about manslaugher (quoted below with emphasis added)

 

You can't be a "martyr for justice" while committing an unjust killing.

 

Yes, it 's murder but what degree of murder?. How and it be first if there was no prior intent?

 

Felony murder primarily exists to punish accomplices in armed robberies. Any murder that occurs with a violent felony (like armed robbery) is first degree murder, because there is an intent to commit a violent felony.

In terms of this guy (the stupid one who ran down the burglar with a pipe), it should be second degree murder or some kind of manslaughter, depending on some of the details. He didn't wake up that morning with a plan to do a violent crime against somebody, so it wouldn't be first degree.

 

And he very likely became one himself in the process. If someone kills him, will they be a martyr too?

 

Its a horrible story from any angle. Of course a burglar who got away might return.. and I definitely get what happens when you are scared, furious and the adrenaline is pumping. I once chased a neighbor's German Shepard 5 blocks at a dead run because he hopped my fence and dug up all my spring bulbs TWICE in the same day.

 

NO.. If you are committing a robbery and anyone is killed including YOUR ACCOMPLICE you are up for felony murder.

 

OIC.

So OK, no felony murder, but isn't it still first degree once the guy was assaulted by being chased? He obviously meant to kill him when he caught him, or he wouldn't have picked up a pipe.

 

Doubt that would be considered pre-meditation. He didn't plan this at all, it was unplanned, which is what 2nd degree murder means.

 

Ha ha youngive new meaning to dog races..