It will be telling to see how this turns out. Intruder was not using deadly force, force wasn’t directed at the shooter. Which way is this gonna go???
In fear of great bodily harm or death. Elderly, out matched, and attacking someone who’s at risk of great bodily harm or death. Every one here knows it was justified if, the facts are as stated .
With the wife in critical condition, I’d say pretty obvious!
| (2) | |
|---|---|
| (a) | An individual is justified in threatening or using force against another individual when and to the extent that the individual reasonably believes that force or a threat of force is necessary to defend the individual or another individual against the imminent use of unlawful force. |
Looks like Utah law has that one covered.
(b) An individual is justified in using force intended or likely to cause death or serious bodily injury only if the individual reasonably believes that force is necessary to prevent death or serious bodily injury to the individual or another individual as a result of imminent use of unlawful force, or to prevent the commission of a forcible felony.
(a) “Forcible felony” means aggravated assault, mayhem, aggravated murder, murder, manslaughter, kidnapping and aggravated kidnapping, rape, forcible sodomy, rape of a child, object rape, object rape of a child, sexual abuse of a child, aggravated sexual abuse of a child, and aggravated sexual assault as defined in Title 76, Chapter 5, Offenses Against the Person, and arson, robbery, and burglary as defined in Title 76, Chapter 6, Offenses Against Property.
Sure hope so! In our “feel sorry for the perp” culture, I would hate to see it go any other way!
IMHO he is an intruder, in your home uninvited, has bad intentions and followed through with those intentions. The wife ended up in the hospital due to being raped. If the details of this story are true it is a justifiable shooting.
Are you sure about that??
“The wife was in critical condition in a local hospital after being flown there in helicopter. Her husband was transported there by ambulance.”
If this case, based on the info in the article and nothing more of course, isn’t justified, nothing would be. ever.
This looks as obvious of a case as you will ever find for lawful and justified use of lethal force…without even getting into the presumption that arises from the home invasion aspect