Self-defense in Cincinnati

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TunnelRat
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Self-defense in Cincinnati

Post by TunnelRat »

http://news.enquirer.com/apps/pbcs.dll/ ... /507100361

Homeowner thwarts break-in with handgun
Two suspects left with gunshot wounds after N.Ky. incident

By Sheila McLaughlin
Enquirer staff writer

DRY RIDGE - Two burglary suspects were hospitalized Saturday after a 79-year-old homeowner said he opened fire on them after they broke into his Ellen Kay Drive residence.

The men, whose names were not available, were listed in serious and fair condition at University Hospital in Cincinnati, a nursing supervisor said. They were flown by medical helicopter after the pre-dawn shooting.

Gayle Martin, who lives alone, said he was awakened shortly before 5 a.m. by the sound of his back door being battered. He grabbed his .357-caliber Magnum handgun and went to check out the noise. He said he saw two men and figured they were going to rob him.

"They were in the house. They had just broke in. I didn't let them get any farther," Martin said. He started shooting and the men ran from the house. Martin said he did not recognize either man.

Sheriff's deputies arrived at Martin's house after receiving a 911 call from the residence at 4:55 a.m. They found the suspects, suffering from gunshot wounds, after searching the area.

Grant County Sheriff Randy Middleton called Martin lucky. "He's very lucky. They probably would have killed him."

Middleton also said Martin's marksmanship was impressive. "He's a good shot," he said.

Neighbor Nancy Collins, who has lived on Ellen Kay Drive for 30 years, said break-ins in the somewhat rural neighborhood are uncommon. "I felt safe on this street until now," she said.

She described Martin as a "very nice gentleman," who "stayed off by himself."

Deputies have not filed any charges in the case.

"We probably won't, because they were trying to break into his house," said Middleton.

Six hours after the shooting, Martin said he was feeling lucky that he wasn't hurt.

"I'm still a bit shook up," he said.

Staff writer Eileen Kelley contributed to this report.

E-mail smclaughlin@enquirer.com
Cruiser
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Would we get off as easy?

Post by Cruiser »

As a CHL holder would we have gotten of as easy? It says nothing about the invaders being armed!
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Post by collin »

In Kentucky, but it applies to Ohio. The Enquirer handles the area of KY right across the river from Cincinnati.
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Post by Petrovich »

I bet those two morons will think twice before they break into a home again.
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The way things ought to be

Post by CMiddleton »

Wish we had common sense in our legislation, two guys breaking into a house and the sheriff admits that "they probably would have killed him."

Here in Ohio, that would have played out a lot different.

Since that sheriff's last name was Middleton, I know he had to be a smart guy.

:lol:
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Re: Would we get off as easy?

Post by Brian_Horton »

Cruiser wrote:As a CHL holder would we have gotten of as easy? It says nothing about the invaders being armed!
My understanding of Kentucky law is that they have had the castle doctrine for your home for a while now. I believe that in Kentucky if someone breaks into your home you are afforded more legal protection for the use of deadly force than you are in Ohio.
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Home invasion

Post by Harlie »

Am I to understand that some here feel that we are required, in Ohio, to debate the intent of two people breaking into your abode at 5AM? Only in UK are they so obligated. Am I supposed to ask their intent, are you armed, do you mean to do harm or only steal? Only thing that appears wrong, is the gene pool wasn't throughly cleansed. Thank goodness this man had the means and ability to protect his home and person.
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sad but true

Post by CMiddleton »

If that would have happened in Ohio, the media would have turned it into.

Two wandering, confused people accidently stumbled into a home, where a Gun Nut lay in waiting, and blasted them at the first opportunity.

It is a shame, we can't even defend ourselves in our own homes without having to convince people that we were justified. I think the fact they had records, and were in the home at that hour should be quite enough to use deadly force.
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Post by Aaron »

I see this topic has gone stale for a few days..

I was under the impression that once there was more than 1 person breaking down a door, it becomes a Home Invasion, and our rights, as far as the use of a firearm for self defense, becomes less hindered and frowned upon.

Learn something new every day.

I know I know, we have to fear for our life and they must have a deadly weapon, but I assumed 2 people was a whole new ballgame. Im sure age plays into it.

2 guys breaking down a door at 5am, and the homeowner is 35 might yield different results than if the homeowner was 75.

I dont know what I'd do in that situation. I have a feeling I wouldnt pull off a round at first, but if there were 2 of them, and assuming conditions were right, lights being on and all, and they saw me pointing my Sig at them, if they both started coming at me, their empty hands would NOT stop me from attempting to hit center mass. 2 people on 1 is just recipe for a disaster.

Theres also the decision of which to grab, the Sig or the Rem 870 thats tailored for tactical use(loaded with 4 Buck)....

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I just pray it never happens.
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Post by jburtonpdx »

2 guys breaking down a door at 5am, and the homeowner is 35 might yield different results than if the homeowner was 75.

I dont know what I'd do in that situation. I have a feeling I wouldnt pull off a round at first, but if there were 2 of them, and assuming conditions were right, lights being on and all, and they saw me pointing my Sig at them, if they both started coming at me, their empty hands would NOT stop me from attempting to hit center mass. 2 people on 1 is just recipe for a disaster.
I am 35 - many years in Kung Fu, boxing, wrestling, big guy also going about 265lbs, run and lift weights, in decent shape.... I am going to shoot if there are 2 people and they have broken into my house and dont run when they know I am awake. A few things I have learned is that I dont know what they have concealed on their person, I dont know what experience they have, heck they could be prison yard black belts for all I know, they might be under the influence of something, any number of factors undefined at that point.

I would fear for my kids, wife, and my life at that point. I will live through all the other crap that may or may not happen.
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Post by Aaron »

I meant it might be different from an officers/detectives point of view, with the 75 year old being more fragile and succeptible to more harm.

If they didnt about face and took a step forwards, let them charge me, theres no way Im taking my chances with the 2 in the house.
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Self-Defense in Cincinnnati

Post by ballistic »

In a 2 against 1 situation I believe the "disparity of force" provisions of the law apply.
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