www.wsbtv.com/news/193...etail.html

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College Student Shoots, Kills Home Invader Posted: 4:53 pm EDT May 4, 2009Updated: 9:09 am EDT May 7, 2009 COLLEGE PARK, Ga. -- A group of college students said they are lucky to be alive and they’re thanking the quick-thinking of one of their own. Police said a fellow student shot and killed one of two masked me who burst into an apartment. Channel 2 Action News reporter Tom Jones met with one of the students to talk about the incident. “Apparently, his intent was to rape and murder us all,” said student Charles Bailey. TOM JONES: College Student Shoots, Kills Home Invader Bailey said he thought it was the end of his life and the lives of the 10 people inside his apartment for a birthday party after two masked men with guns burst in through a patio door. “They just came in and separated the men from the women and said, ‘Give me your wallets and cell phones,’” said George Williams of the College Park Police Department. Bailey said the gunmen started counting bullets. “The other guy asked how many (bullets) he had. He said he had enough,” said Bailey. That’s when one student grabbed a gun out of a backpack and shot at the invader who was watching the men. The gunman ran out of the apartment. The student then ran to the room where the second gunman, identified by police as 23-year-old Calvin Lavant, was holding the women. “Apparently the guy was getting ready to rape his girlfriend. So he told the girls to get down and he started shooting. The guy jumped out of the window,” said Bailey. A neighbor heard the shots and heard someone running nearby. “And I heard someone say, ‘Someone help me. Call the police. Somebody call the police,’” said a neighbor. The neighbor said she believes it was Lavant, who was found dead near his apartment, only one building away. Bailey said he is just thankful one student risked his life to keep others alive. “I think all of us are really cognizant of the fact that we could have all been killed,” said Bailey. One female student was shot several times during the crossfire. She is expected to make a full recovery. Police said they are close to making the arrest of the second suspect.

Dimitri

This couldn’t of happened!!! College student with a gun saves life !!! No Way !!! Diane Sawyer said so !!!!

Once again, here's your sign Diane

My sympathy goes to the shooter.

It is hard to take live - even if they were scums.
Plus the fact that this is in the US of A (a civilised country) I could almost hear the lawyers giggling, preparing their court case and scouting for a new Villa up the hills or a new 90ft yatch..
(aint it great to be a lawyer? recession cannot touch you..)

- Did you not think that you are using excessive force?
- how do you know that the gunman are going to shoot or rape the girl?
- Why are you carrying a gun? are you expecting trouble?
etc
etc
etc

Bloody bleeding hearts - making heroes sound like the aggressors.

Bring back capital punishment!!

Gelan,

It happened in Georgia, I do believe they have for many decades laws protecting a homeowner from prosecution from this. And many more laws protecting people in general if they shot a criminal in the act.

The student other then any emotional issues he may face because he took a life will be just fine.

The US may be a civilized country but they believe in the right of self defense and protection of others in most states anyways.

Dimitri

I rarely read any of the comments accompanying news articles but I had to at least scan through those about this incident to see what people were thinking. It seems that they are overwhelmingly in favor of the armed citizen. I wonder if the “leadership” in the world will ever realize that people prefer to be able to defend themselves. On the other hand, maybe they DO know this, and are doing what they can to prevent it.

Bingo!!! Yer good pumpkinslinger...

I'll bet we won't read this story in the new york times anytime soon.

Eric

Dimitri wrote:

I do believe they have for many decades laws protecting a homeowner from prosecution from this. And many more laws protecting people in general if they shot a criminal in the act. The US may be a civilized country but they believe in the right of self defense and protection of others in most states anyways. Dimitri

Shooting a criminal in the act doesn’t make it an open and shut case !!!
The shooter still has to prove justification for their actions. Many times the law favors the criminal not the law abiding citizen.

I’ve never heard or read a news headline that said “Career criminal shot dead, SOB finally gets what he deserves”
Usually goes more like this: “Police are investigating weather or not excessive force was justified”

Chambered,

Georgia (Where the student is in) has a Castle Law, and has a clause in it stating he doesn't have to retreat when in his own home, car, place of business or while he is out in public when someone is attacking or threatening him. Additionally he is exempt from being charged for his actions due to it automatically being self defense.

Hence why in the article the only actions mentioned that the police are taking is finding the 2nd criminal and not trying to charge the student.

Dimitri

Self defense needs to be determined before the Castle Doctrine can be applied. (it sounds to be the case here)

Castle laws deal with the fact you can stand your ground. It doesn’t preempt laws that deal with excessive force or unjustified shootings.

chambered221 wrote:

It doesn’t preempt laws that deal with excessive force or unjustified shootings.

Per Georgia's specific law:

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has no duty to retreat and has the right to stand his or her ground and use force as provided in said Code sections, including deadly force.

From reading the NRA's American Rifleman over the years I cannot recall a Castle Law that didn't make any criminal action towards someone a "life threatening" situation allowing the person to use deadly force automatically if they feel it is required.

Castle Laws generally include the use of deadly force being automatic due to the criminals actions, the right of the victim to stand their ground, and a great many of them also allow a 3rd party to take action for the victim in situations where the victim may be defenseless.

Georgia's law also includes the 3rd part, making his actions to stop the criminals in other parts of the home to protect the other people in his home again justified no matter how much a prosecute may want to hang the poor kid.

A break in someone's home is a cut and dry case (protection of self, property and others so all 3 in this case), the kid didn't go and shoot them on the street. Before the break in then tried justifying it as a break in in progress.

Dimitri

Also should note that 6 states (I think it’s 6) still have the duty to retreat clause in their castle doctrines.

chambered221 wrote:

Also should note that 6 states (I think it’s 6) still have the duty to retreat clause in their castle doctrines.

Even when one is in their own home? Or just in public settings?

Dimitri

I'm with you Gelan.

This is a hard one to pick....harder to pick than a broken nose. I want to agree with 'Mitri, but unfortunately I can see exactly where Chambers is coming from. Gelan summed it up pretty well with this comment:

Gelan wrote:

I could almost hear the lawyers giggling, preparing their court case and scouting for a new Villa up the hills or a new 90ft yacht.. (aint it great to be a lawyer? recession cannot touch you..)

Commonsense or common decency are not words to be found in a "bottom feeder's" vocabulary...only..."now, what can I do to win this one and make a name for myself...and a million bucks"

Cheers, Vince

Yes, it's one of the gray areas no-ones talking about.