long island man shoots ding dong ditcher with shotgun

[Demovictory9]

ALong Island man was arrested after he shot a 15-year-old boy who knocked on his door as part of a 'ding dong ditch' prank with his friends during a sleepover.

James Moshier's Southhold, 64, was charged with assault and recklessly injuring a child with a deadly weapon after firing a shotgun at the teen on Thursday.

The boy, who has not been named, had to be airlifted to a local hospital where he is being observed but expected to fully recover.

The incident began on Thursday night when a group of seven teens gathered at a nearby house for a sleepover birthday party. During the night, they got bored and decided to play ding dong ditch - a game where children ring someone's doorbell and run away before someone comes to the door.

But the young boy's prank did not go over well and a woman inside Moshier's home believed they were being burglarized.

https://www.msn.com/en-us/news/crime/man-arrested-after-shooting-teen-who-knocked-on-his-door/ar-AAWwgmm

'We had several kids that were running around the neighborhood knocking on doors and running away and one of the residents felt that somebody was trying to get into the house, felt threatened, felt frightened, and woke up the male occupant of the house, who went to the back door and discharged a shotgun,' Southold Town Police Captain James Ginas told CBS News.

After knocking on Moshier's door three times, the homeowner fired his shotgun through the glass, striking the boy in his upper right arm.

[ck4829]

1. A prankster, not a burglar

[Docreed2003]

2. Got to love the buzzwords being dropped for his defense

"Felt frightened"..."felt threatened" so his wife woke him up and he fired his shotgun through the glass door.

[Model35mech]

3. Something learned from the mantra of killer police?

Or meeting a requirement of Stand-your-ground?

Both?

Or even more?

[Docreed2003]

7. A bit of all of those

Welcome to DU

[melm00se]

38. NY is not a "stand your ground" state

but is a "castle doctrine" state as well as a "duty to retreat" state.

NY self defense statute

https://www.nysenate.gov/legislation/laws/PEN/35.15

[Model35mech]

39. Thanks for that, accuracy is great, still a person could have -learned- that

rhetoric from the many national coverage media presentations from locations that do.

As our 'news' is largely nationalized, people are exposed to stories, especially sensational stories, from outside of their own states.

[Demsrule86]

40. The shooter is fucked in New York...you shoot someone in Long Island better drag them into

your house or else it is prison for you.

[sarisataka]

49. I always love this piece of advice

I suppose it is possible you might get a CSI who is on his first day on the job...

[meadowlander]

28. I don't think it's unreasonable to feel frightened or threatened

when someone bangs on your back door at 3 am.

The other element that people haven't talked about is that when you're jolted awake at 3 am you're often not firing on all cylinders.

I was once woken up at 3 am by someone banging on the glass French doors in my back yard. I walked out and there was this huge biker guy I'd never seen before standing there asking me to let him in. So I started looking around for the keys to open the door...

I actually had the key in the door and was about to turn it before I noticed the predatory expression on his face and thought maybe actually letting the strange biker dude into my house in the middle of the night as a single woman living alone wasn't a great idea. But it took me a good 3-4 minutes after waking up to get there.

So I shouted through the door to ask him what he wanted and he said he was looking for "Smitty" and I told him he had the wrong house and he left after a pause.

But that could easily have gone badly, badly wrong.

It's not an excuse to have a loaded gun around the house or to shoot people, but it's worth making the point that people suddenly awoken in the middle of the night can do things that they wouldn't do when they are fully awake and thinking rationally. Another reason why banging on strangers' doors in the middle of the night is ill advised.

[Demsrule86]

41. I don't know where you live but it doesn't work that way in New York.

[NutmegYankee]

45. Might or might not

It all depends on what a jury decides. Banging on a back door, which is not part of the traditional path of access under common law to knock on a door, might be seen as a reasonable fear. I can fully understand someone thinking that is someone trying to break in.

[Demsrule86]

54. If convicted, there is a mandatory sentence of two years period...and this assumes the

the charge is not upgraded. However, it is more likely to be seven years as he shot a kid. He will have a felony on his record forever...course at 66, he may not care. He will undoubtedly be sued...and lose everything. This is New York...not Texas.

[NutmegYankee]

55. Bookmark this post so we can revisit who was right a few years down the road.

[Karma13612]

56. Agree 100% eom

[Takket]

4. Assault? Not attempted murder?

[ck4829]

5. I know, right?

[Straw Man]

37. Attempted murder requires the intent to kill.

The act of firing of a gun doesn't automatically establish the intent to cause death. There are a lot of factors to consider. For example, a load of birdshot from a shotgun at a distance of 100 yards will not only not kill, it will probably not even cause serious injury. However, a load of buckshot at that distance can certainly be lethal.

[Demsrule86]

42. The guy shot through the door...it looks like intent to me...and charges can be upgraded.

[NutmegYankee]

51. The homeowner probably won't meet the Mens Rea element for attempted murder.

He probably did believe what his wife had told him and believed he was defending them both by his actions. A prosecutor has little hope of proving otherwise in court.

[Demsrule86]

53. He will do at least two years (the minimum) this is mandatory upon conviction and more likely

receive the full sentence of seven years...this is assuming the charges are not upgraded and the kid doesn't die.

[DenaliDemocrat]

6. Bagging on a BACK door in the early morning hours

Is not playing ding Dong ditch. I’m not surprised this happened.

Maybe I am reading this wrong but going into people’s backyard was a bad idea.

[PatSeg]

8. Yeah, I have mixed feelings about this

Though shooting at someone seems to be an unadvised overreaction, I can understand the fear the homeowners may have felt.

[Demsrule86]

43. Call the police...and then load your gun go upstairs in a bedroom and wait...if they

come through the door then shoot them. A doorway is a perfect place right in front and they can't really move...plus if they come through a locked door, they mean you harm. Chances are the police will arrive in time and you will not end up in prison and likely lose everything you have.

[PatSeg]

50. Yes, I agree

For me if I had a gun, firing it at anyone would be my last option. Sadly, grabbing a gun and firing it is often the first impulse for far too many people.

[stopdiggin]

9. glad you picked up on that.

Because it kind of changes the complexion of what happened here. People generally do not have doorbells at their back doors because ... Firing a weapon is of course an extreme overreaction. But - prowling someones backyard (and making gestures/noises intended to frighten) in the wee hours of the morning/night - is a little more threatening (and ill advised) that a routine dumbass teenaged prank. Sorry somebody got hurt - but don't go banging on somebodies back door (or windows) at 3 AM. K?

[Demsrule86]

14. Sorry that is what the police are for...I hope the guy gets charged with attempte murder

and the kid's parents sue the shit out of him.

[stopdiggin]

15. that would have been a much better option

of course. I don't condone the firing of the shotgun certainly. And we're probably on the same page as far as 'defense of the home' - begins with somebody actually entering your home. But what the 'children' were up to was more malicious, anti-social, and dangerous, than the ding, dong, ditch in the title.

[Demsrule86]

44. I played that game as a kid...got caught by my Science teacher who told my parents...I would

rather have been shot I think. We refined ding dong ditch it...by digging up manure on the horse trail, placing it in paper bags, and lighting it on either a patio or a sidewalk...didn't want to catch the house on fire. The person generally came out and stomped it out ...all that manure we thought it was hilarious-rotten little beasts we were...kids today.

[Demovictory9]

23. This is new way prank occurs..

[Demovictory9]

22. They might have been doing it this way..donkey kicking the door..its current tik tok challenge

[stopdiggin]

30. gosh. that is SOOOO hilarious!

teens will be jerks (actually we've got a country full of adults that have no trouble being jerks) - and brainless in the mix -and they of course should not be shot because of it. But ... Ya' know what ... ?

Banging on somebody's back door and sliders in the middle of the night - that has the intended object of scaring somebody. Bad stuff just might happen ...

[IcyPeas]

33. I would be terrified if my door was kicked like that in the middle of the night. /nt

[Kaleva]

24. I'm not surprised because so many idiots own guns

Last edited Sun Apr 24, 2022, 04:29 PM - Edit history (1)

My guess is the gun owner never had a plan nor practiced that plan as what to do in case of of an attempted or actual break in. I also guess that he didn't spend a dime on reinforcing his outside doors which would make it much harder for an intruder to break in. Now he's in deep shit

[DenaliDemocrat]

31. Well, if someone is pounding my BACK door

At 3 AM, I’m assuming the worst. I don’t think Id shoot someone, but it doesn’t surprise me that someone did.

[Kaleva]

35. Pounding on a door isn't the same as kicking one in.

You can assume the worst if they kicked in the door and are in the house. The average male in good physical shape can kick in a standard door in seconds.

The other mistake the gun owner did was to close the distance with a potential protagonist. One retreats to or stays in a designated safe room and calls the police. Advancing towards a possible protagonist seemed with a gun puts one in the mindset that deadly force is likely to be used.

A gun is just one tool in the toolbox of home defense. The other tools are reinforced doors, adequate exterior lighting a designated safe room and a plan on what to do in case there is an intruder. And one practices that plan. A lot of people make the mistake of just getting a gun and calling it good.

The fact that the homeowner shot through the glass on the door leads me to believe the homeowner put little thought into home defense. You wouldn't have a door with glass if one was serious about home defense.

In Michigan, one can legally use deadly force to protect themselves or others from death or great bodily harm or sexual assault but you can't use deadly force to protect property. The castle doctrine applies only if someone has broken into the home or is attempting to break into the home and the residents of the home can then reasonably assume they are in danger of sexual assault, grave bodily injury or death. IMO, pounding on a door isn't breaking in or attempting to break in.

[Demsrule86]

46. A man in Michigan is serving life because he shot through the door and killed a girl looking

for help after an accident...Renisha McBride. He has spent nearly 10 years in prison and although because of some technicality, the sentence must be revisited (order by the court) ...he is expected to serve a minimum of 30 years.

[bbernardini]

10. No surprise, he donated to TFG. nt

[StarryNite]

11. It's all fun and games until...

somebody gets shot.

[SYFROYH]

12. being awoken by a terrified wife about someone breaking in...

... the overreaction is a little more understandable.

Still its never a good idea to shoot through a door.

[Demsrule86]

13. It is not understandable...this is Long Island...call the cops. The guy was an idiot and deserves

jail time and should never have any gun again. If he is that 'skeered'...to dangerous for him to own a gun. I actually once shot someone defending myself out in the middle of nowhere in WVA...no phone, no police nearby. I had a two-year-old and a puppy. No one died for which I was thankful. Giving all these frightened idiots guns is madness.

[SYFROYH]

16. I'm sorry you have to go through that.

Still, I wouldn't convict him of a felony.

[Demsrule86]

32. I refuse to serve on juries until the Justice System is better but I would convict...

Look If I could have called a cop, I would have. I don't want to kill anyone, but I would have if I had to...a bunch of kids running around outside your house is no threat, and what will nail this guy is that he shot through the door. This is long Island. He will spend time in the big house.

As for my situation, I was trained by my Grandpa to clean, load, and unload a gun safely. It was always and is always a last resort. I do not believe in ordinary folks being Judges, juries and executioners. I would pull the trigger to save my life or my family. But if someone was running down the street with my TV I would do nothing.

[Demsrule86]

47. In New York, he will be convicted of felony and no more guns thankfully for him.

[sir pball]

57. I'm a gun owner with admittedly loose views on self-defense in your home...

I'd convict this guy of a felony without blinking an eye. Maybe not attempted murder, but felony endangerment for sure.

[Dial H For Hero]

17. Quite so. Shooting through a door is incredibly reckless.

[Kaleva]

25. Training and practice limits over reaction

Humans don't do well when trying to think under stressful situations that rarely happen.

People who have guns for home or personal protection need to think out and practice for situations where they believe drawing a gun would be necessary. It might even be wise to do this even before getting a gun.

[milestogo]

18. Is that a tool for getting rid of these?

[Demovictory9]

27. havent had a Ding Dong in 40 plus years... still remember the taste though

and how each one was wrapped in foil

[AwakeAtLast]

34. Yes! They taste better that way!

Wrapped in plastic?

[Hotler]

19. We called it ring and run when I was a kid and we didn't do backdoors, to hard to get away.

I used to do that on my own family. Sneak out the back door and run around to the front.

[eissa]

20. We were traumatized by doorbell ditchers

when I was a kid. We lived near an orchard so it was easy for them to ring the bell around 2-3 in the morning and hide in the trees. My sister was a baby at the time and the nightly ringing and banging on the doors would jolt her awake, resulting in another sleepless night for everyone. It went on for weeks. Obviously not condoning the shooting, but I always found this “game” pretty stupid.

[Raine]

21. Play stupid games and get yourself shot at, it's going to happen. nt

[Kaleva]

26. And acting stupidly with a gun will often justly result in charged

[Raine]

29. Stupid kids and stupid adults, put them together and a disaster in the making. nt

[Kaleva]

36. Especially if the stupid adult has a gun

Hopefully, the local DA throws the book at him.

[Demsrule86]

52. Kids are stupid...but adults can't afford to act that way.

[Demsrule86]

48. Yeah well shoot kids through the door...going to spend a decade in prison...minimum in New York.

[USALiberal]

59. Lol, really?? Nt

[Torchlight]

60. ok lol nt

[ck4829]

58. ...