Wheelersburg Man Shot to Death, Reportedly Over a Lawnmower

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Wheelersburg Man Shot to Death, Reportedly Over a Lawnmower

Postby dynamike » Tue Jul 17, 2012 7:01 pm

http://www.wsaz.com/home/headlines/Wheelersburg_Man_Dies_after_being_Shot_in_His_Home_162352496.html

A man is dead -- a store employee accused of the shooting -- and it was all over a lawn mower. The shooter, though, remains free -- claiming self-defense -- while a grieving widow is left behind to care for three young children.


Clean shoot or not?
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby DasPirate » Tue Jul 17, 2012 7:13 pm

By the sound of it, no. Staker didn't meet his duty to retreat, if nothing else.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby rDigital » Tue Jul 17, 2012 7:19 pm

If the story is true as written, lock Tyler up and throw away the key.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby Mrs. Daspirate » Tue Jul 17, 2012 7:20 pm

I agree, no.

They had no right to be on his property, and they not only escalated, but started the confrontation. He had every right to confront them and ask them to leave his property. He had every right to have a gun on him when he did. The only evidence that this is self-defense is their word that he raised his gun first - and the only person who could contradict that is dead without ever having fired a shot.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby JediSkipdogg » Tue Jul 17, 2012 7:22 pm

Ok, so let me get this right....

1) Two guys (Stalkers) go onto homeowner's property to repossess a lawnmower.
2) Homeowner after two hours grabs his gun to go outside and tell the two to leave.
3) Tyler Stalker sees the gun, grabs one he's carrying, and shoots

I go 50/50 on the good shot.

1) Was the gun holstered on the homeowner and secure? If so, bad shot.
2) Was the gun in the homeowners hand? If so, good shot.

My final thought.....CALL THE POLICE!!!!!!.....Why would they let this go on for two hours without calling the police?
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby Mrs. Daspirate » Tue Jul 17, 2012 7:24 pm

JediSkipdogg wrote:My final thought.....CALL THE POLICE!!!!!!.....Why would they let this go on for two hours without calling the police?


On the same note... Who decides antagonizing a homeowner for two hours on their own property is a good protocol for repossessing property? Why wouldn't THEY have called the police????
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby JediSkipdogg » Tue Jul 17, 2012 7:29 pm

Mrs. Daspirate wrote:They had no right to be on his property, and they not only escalated, but started the confrontation.


Well, depends on the terms of the repair contract he signed. They were there to repossess the lawnmower. I can't find the exact section in the ORC, but for repo in many states it is not trespassing for them to be on the land to get property back. As for escalating, IMO, the homeowner escalated coming out with a gun. He should have just answered the door and said he doesn't have it anymore. If they stayed on the property, then that would be trespassing unless they have actually seen it through a window at which point the two should have called the police to help in the repo.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby WestonDon » Tue Jul 17, 2012 7:31 pm

Based on the story presented, no, it is not a good shoot.

Not to blame the victim, but it must be pointed out that there were better ways for the victim to handle this situation. Actually there were better ways for everyone involved to handle this situation.

I bet there is quite a backstory here.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby Mrs. Daspirate » Tue Jul 17, 2012 7:32 pm

JediSkipdogg wrote:
Mrs. Daspirate wrote:They had no right to be on his property, and they not only escalated, but started the confrontation.


Well, depends on the terms of the repair contract he signed. They were there to repossess the lawnmower. I can't find the exact section in the ORC, but for repo in many states it is not trespassing for them to be on the land to get property back. As for escalating, IMO, the homeowner escalated coming out with a gun. He should have just answered the door and said he doesn't have it anymore. If they stayed on the property, then that would be trespassing unless they have actually seen it through a window at which point the two should have called the police to help in the repo.


Does the contract allow them to bang on various parts of the house for two hours? Why is it escalating for the homeowner to come out with a gun (unless obviously he came out with it in hand, which changes things - I'm going only on what's printed) if he's on his own property and, as his wife says, doesn't know these two men very well?
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby JediSkipdogg » Tue Jul 17, 2012 7:35 pm

Mrs. Daspirate wrote:
JediSkipdogg wrote:My final thought.....CALL THE POLICE!!!!!!.....Why would they let this go on for two hours without calling the police?


On the same note... Who decides antagonizing a homeowner for two hours on their own property is a good protocol for repossessing property? Why wouldn't THEY have called the police????


I agree there. As I just added, the homeowner IMO should have answered the door. It sounds like he knew what was going on and refused to answer but made it known that he was there. That just irked the young youths and made them try harder. Both sides should have called the police. They would do nothing, but maybe talk the homeowner into just giving it up.

FYI...I've done a lawnmower repo myself once. It went much smoother than this.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby DasPirate » Tue Jul 17, 2012 7:35 pm

JediSkipdogg wrote:
Mrs. Daspirate wrote:They had no right to be on his property, and they not only escalated, but started the confrontation.


Well, depends on the terms of the repair contract he signed. They were there to repossess the lawnmower. I can't find the exact section in the ORC, but for repo in many states it is not trespassing for them to be on the land to get property back. As for escalating, IMO, the homeowner escalated coming out with a gun. He should have just answered the door and said he doesn't have it anymore. If they stayed on the property, then that would be trespassing unless they have actually seen it through a window at which point the two should have called the police to help in the repo.


Since the Stakers weren't on their own property, they had to meet all 3 criteria for self defense: In fear of life or serious harm (probably), didn't cause the situation (arguable, but let's say they didn't), and duty to retreat. On that last point, if somebody is telling you to get off of his/her property, regardless of whether there's a gun or not, you better high-tail it out of there. If they need to repossess that badly, they can come back with a LEO.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby JediSkipdogg » Tue Jul 17, 2012 7:47 pm

DasPirate wrote:
JediSkipdogg wrote:
Mrs. Daspirate wrote:They had no right to be on his property, and they not only escalated, but started the confrontation.


Well, depends on the terms of the repair contract he signed. They were there to repossess the lawnmower. I can't find the exact section in the ORC, but for repo in many states it is not trespassing for them to be on the land to get property back. As for escalating, IMO, the homeowner escalated coming out with a gun. He should have just answered the door and said he doesn't have it anymore. If they stayed on the property, then that would be trespassing unless they have actually seen it through a window at which point the two should have called the police to help in the repo.


Since the Stakers weren't on their own property, they had to meet all 3 criteria for self defense: In fear of life or serious harm (probably), didn't cause the situation (arguable, but let's say they didn't), and duty to retreat. On that last point, if somebody is telling you to get off of his/her property, regardless of whether there's a gun or not, you better high-tail it out of there. If they need to repossess that badly, they can come back with a LEO.


Repo is a civil matter and the police rarely get involved and actually don't like to get involved. If you admittantly refuse to give it back, the police can't force you too. The police will come out if the repo results in a breach of peace however...keep reading...

For repo, even after being told to leave, they don't have to. Repo law gives them the right to be on the property. Now, the problem is repo laws state they must do so without breach of peace. They technically violated that however, again, the homeowner didn't call on that. So not reporting the breach of peace means no breach of peace occurred.

And both parties had to meet all three criteria since the homeowner was outside his home and so were the repossessors.
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Re: Wheelersburg Man Shot to Death, Reportedly Over a Lawnmo

Postby curmudgeon3 » Tue Jul 17, 2012 9:33 pm

Reads like a draw ....... now where do we go ? :|
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