Teen shot dead and another injured after suspected home invasion in Detroit

[Ash_F]

57. "it's up to the police to rebut that presumption"

I know. But in the course of questioning should he let slip that he did not believe he was in danger, or said something like "I didn't see a gun, but they were trying to run out the window and I wasn't about to let them get away, I'm sick of these punks ect ect"

Well then he might be in trouble. And rightfully so. Indeed, if he wants to avoid prosecution, he should keep his mouth shut.

Real world example and this is about as innocuous as it gets: A friend found a teenager trapped in his garage. How was he trapped, you ask? He was wheelchair bound; one of the heavy motorized kind. He could get the garage door open but once he was in and looking around, he got his wheelchair wedged between some junk, and it was much too heavy for him to move on his own. Apparently, he was stuck there for quite some time until my friend got home and freed him.

He possibly could have been a threat if he had a gun or something, I guess, but it would have been pretty barbaric to fetch a gun and kill him. And even under Texas' loose castle doctrine, I doubt a reasonable jury would have concluded that he would have had a reasonable fear of bodily harm from this person.

But maybe they would have, it is Texas and the kid was black. Thankfully we'll never know because said friend did not, in fact, shoot him.


I realize the teens in this story were not wheelchair bound, but the point is reasonable bodily harm is determined by all facts, including whether they were armed. It is not irrelevant. It is very relevant.

If my friend drove into his garage and found the kid in the wheelchair pointing a gun, that would have changed the circumstances.

My own case was finding and elderly woman, who somehow broke the door to our laundry room overnight. I opened the door and smoke billowed into my face and I thought 'fire'. Then she came out from behind the darkness. Startled the crap out of me. I still didn't kill her though.

PS - The smoke was crack