jawlz wrote:Once someone has broken down your door after being remarkably aggressive with you a moment before, I think it is probably safest (in the literal, life-preservation sense) to assume that the intruder represents a risk to your life.
On a side note, what I find very disturbing is that it seems we expect *less* justification from police who are involved in shootings than we do private citizens. Police officers have shot a significant number of unarmed people (off the top of my head, just in California in the last few years two newspaper delivery women in a truck, a guy sitting on his porch with a hose, a guy riding a BART train, etc) with little, if any, legal punishments to the officers who did the shooting. And yet we also see cases where a private individual - who presumably has less training in these situations, and therefore should be more likely to overestimate the risk to his life and/or be less able to diffuse a situation calmly - shoots someone who is attacking him, and is then brought up on charges. Deplorable, really.
I think the main problem is that without the facts from the 2nd link, some made assumptions, and I didn't help with some of my "explanations". So here is what I know from reading several reports, but most corroborates the information in the 2nd link.
1) Mr. Green was a friend of Mrs. Pinkerton's brother. Her brother had been helping her with her two sons while Mr. Pinkerton was deployed. Babysitting them in all likelihood.
2) When Mrs. Pinkerton's brother had a major medical emergency, some of his friends, including Mr. Green helped. According to Mrs. P, Mr. Green wanted to move out of his mom's house, and she allowed him to move in to their basement, since she already had a single mom (with her 2 kids) staying as well. According to Mrs. P, there was no affair, but Mr. Green wanted it to be more.
3) When Mr. P was coming home from deployment, Mr. Green was informed he had to move out. He got so angry at this, he punched 15 holes in the wall. (Sorry bowtie, I rather liked your golf analogy!)
4) After Mr. P closed the door on him at 2 AM, Mr. G broke the front door down and charged at Mr. P. Mr. G was wearing a hoodie, and made a move towards his belt area.
5) Mr. P then shot him once in the main body area. Mr. G then got up and charged again, whereupon Mr. P fired one more shot. Mrs. P and two witnesses both corroborated Mr. P's statements.
Ignoring my "black belt" comments, if someone had previously punched 15 holes in my wall, come to my door at 2 AM and yelled at me, and then broke down my door, I'd shoot him too. And if he got up and charged me again, I'd shoot him again. Because I would be in fear for my life and my wife's.
When was there time to call 911?
Before answering the door? No probable cause to suspect a problem.
After closing the door? He was heading away from the door, and no reason at that time to suspect he needed to call 911.
After Mr. G broke the door down? Again, there was no time to call. It wasn't like Mr. G stood there for 5 minutes yelling.
And as Jawlz pointed out, you don't even have to make a move towards your belt for trained police officers to shoot you.