Obviously Trespassed - Did the owner cross the line?

OK, I’ll admit, I’m mixed on this one. To me, when he see’s a trespasser he initially pointed the gun at him, I ‘think’ that’s OK. But once he realized the trespasser wasn’t violent he stopped pointing the gun at him and went hand to hand “Stebbings continued holding the gun on his side while pushing Richardson.”.
Certainly the boarder had made a mistake and apologized for it, that would indicate to me he wasn’t a threat but what is he expected to do, drop his gun in the snow until the kid goes away? Disengage, run into his house and hope he made the right assessment of the situation?

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Get off my lawn.

It doesn’t have to be the first reaction.

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IMO, what he is expected to do, is not point a gun at someone (threatening imminent use of lethal force) when he is not facing an imminent threat of serious bodily harm or death.

Much like we discussed in depth recently RE: Arizona proposal, it’s not legal to use (or threaten) lethal force for mere trespass. (not a lawyer, consult with a lawyer in your state if you want to be 100%)

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Agreed with this exception. It may take a minute to determine the level of threat. While he was assessing the threat he pointed the gun at the kid?

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I pushed through the ads and loading and waited to watch the video, I did not in the video see the gun pointed at the skier. It could have been prior to that, but, it wasn’t in the video. Also, the skier’s description was of the man standing there, gun in hand, staring right at them.

Initial reaction after now watching the video is my assumption will be that the gun was not pointed at the skier or he would have stated that explicitly or it would have been in the video.

But, maybe it could have.

On your own private property holding a shotgun at your side pointed to the ground while you swear and tell them to leave, to me, is very different from pointing the gun at the trespasser

Interested to see court results/etc

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Not specifically related to this incident, but something to consider: Assessing threat-levels is part of the deal of responsible self-defense. Non-lethal methods in many cases will give you more confidence to pull the trigger (think ‘Byrna’; pepper spray, etc). I believe most of us would be hesitant to pull the trigger in even real-life situations without real-life-scenario-based training from an expert who knows what happens to the mind, motor-skills, etc… in a real-life scenario. This video is about as eye-opening as it gets: https://youtu.be/l7PZkWnbcsA I suggest watching beginning to end and hearing the analysis.

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One thing to keep in mind… These are not normal times. :thinking:

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Why did he go outside and confront the snow boarder? He’s no threat in the yard, shouldn’t have confronted him. If he try’s to break in or threatens the home owner, that’s a different story. If you’re not in physical danger, no threat. Stay inside and don’t go looking for trouble.

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I don’t think confronting trespassers, who are not clearly presenting an imminent threat, with a pointed gun is a good idea whether or not it is legal. That action instantly escalates the situation which puts everyone at greater risk.

But it is not illegal to walk on your property with a firearm and then yell at a likely trespasser to get off your land. Though I would argue that yelling is unnecessarily escalating in this case as well. I feel holding a gun at your side or better yet holstered or slung makes a strong enough statement when you are politely asking someone who isn’t presenting an imminent threat to get off your land.

In this case the owner may or may not have pointed the gun. Unless there is video of the entire incident it may come down to a jury deciding who is telling the truth. Better to try and avoid escalating situations whenever possible.

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See above. :thinking:

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No threat? Not always the case.

Shouldn’t have confronted? Agreed. There are better ways to handle a situation like that,
not one size fits all.
In my case, my daughter called to tell me two guys were in my side yard outside the fenced area. I was a couple minutes away so I asked her to call the PD non-emergency number.

The two might not have been threats at the time but if they started to become comfortable and made it their mobile pharmacy (yes, they’re police characters), better to discourage them.

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^^^^^Bean, Nailed it!^^^^^ (for me).

Discourage, YES. Let them know they are Tresspassin’ YES,
Two suspicious characters warrant further inspection
but tentatively (I wasn’t there) a compass-less/clueless Boarder? I think that could have been handled better.
These days to bring more scrutiny down on you is just asking for trouble from the Man.
In my area (outskirts of a city) that is suspicious but in a back country snow boarding encounter slack should be given.

Mi dos Pesos
adonde nosotros vamos uno nosotros ir todo!!!
Nessun passo sul serpente

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Exactly, many of us are asking why the gun pointed at me part of the video never surfaced. Sounds like a bit of embellishment to me.

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“He has a Gadsden flag… and pointed a gun at me” :man_shrugging:t4:

See how easy it is to make up something if they’re observant enough?

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Why use a shotgun when you can hit him with snowballs. :thinking:

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Hello and welcome @Jay83

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Jay83 Welcome to the fold Brother!

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Assuming facts that are not in evidence leads to misconceptions about what happened.

I see no threatening with a deadly weapon.

The media and mayor appear to be biased toward the cash spending tourists.

Snowflake is afraid of mean man with a scary gun!

The only takeaway I see is be on your best behavior if carrying open or concealed!

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That Sir is a HUGE part of this.

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You really DO have to post “No Trespassing” or “Private Property” signs in areas where it’s not obvious that you may be entering private property. It’s really hard to make a valid case if the trespasser has no way of knowing and is not informed. Informing by being belligerent and threatening should not be the first response in my opinion. Having said that, we don’t know the landowners history of potential trouble with trespassers in the past.

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