Senior Citizen Defeats Violent Thug

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Jered
Posts: 7859
Joined: Wed Aug 20, 2008 1:30 am

Senior Citizen Defeats Violent Thug

Post by Jered »

BUCKLEY, Wash. — A Pierce County man says he was defending himself when he shot and killed a man who broke into his home late Monday night
The story. Cue the inevitable:
Relatives said Mathews would not have hurt anyone. They believe he got in a car crash and went to the home looking for help.
Special snowflake entered and remained unlawfully in a dwelling, which is a Class B felony, and a good way to get yourself justifiably shot. He then proceed to assault one of the occupants of that dwelling, which, even if it occurs on a street, is a good way to get yourself shot. (In this case, this assault is quite possibly a good way to get yourself shot by a random dude on the street.) All this after some erratic operation of a motor vehicle. Methinks this special snowflake had a history of poor life choices until they became terminal.

The homeowner was also pretty smart in this regard, too:
Meanwhile, the homeowner was taken to the hospital, where he was treated for minor injuries.
If you're involved in an incident of this type, always, always, always, go to the hospital and get treatment and get your injuries documented.

RCW 9A.16.050
Homicide — By other person — When justifiable.

Homicide is also justifiable when committed either:

(1) In the lawful defense of the slayer, or his or her husband, wife, parent, child, brother, or sister, or of any other person in his or her presence or company, when there is reasonable ground to apprehend a design on the part of the person slain to commit a felony or to do some great personal injury to the slayer or to any such person, and there is imminent danger of such design being accomplished; or

(2) In the actual resistance of an attempt to commit a felony upon the slayer, in his or her presence, or upon or in a dwelling, or other place of abode, in which he or she is.
And...
RCW 9A.52.025
Residential burglary.

(1) A person is guilty of residential burglary if, with intent to commit a crime against a person or property therein, the person enters or remains unlawfully in a dwelling other than a vehicle.

(2) Residential burglary is a class B felony. In establishing sentencing guidelines and disposition standards, residential burglary is to be considered a more serious offense than second degree burglary.
RCW 9A.52.040
Inference of intent.

In any prosecution for burglary, any person who enters or remains unlawfully in a building may be inferred to have acted with intent to commit a crime against a person or property therein, unless such entering or remaining shall be explained by evidence satisfactory to the trier of fact to have been made without such criminal intent.
The avalanche has already started. It is too late for the pebbles to vote.
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PawPaw
Posts: 4493
Joined: Fri Jan 02, 2009 8:19 pm

Re: Senior Citizen Defeats Violent Thug

Post by PawPaw »

Well, there's this,
The incident took place around 11 p.m. in the 25000 block of 164th Street East on the outskirts of Buckley. Detectives believe the suspect broke through the front gate with his car, crashed into another car, and broke into the home of an elderly couple in their 60s.
Then this:
Detectives say the couple and the physical evidence suggest Mathews was violent and may have been on drugs. Investigators were awaiting toxicology reports to determine if Mathews was under the influence.
Yet this,
The medical examiner identified the alleged intruder as 21-year-old Cole Mathews. He had no criminal record.
He may have started his criminal career at the top of the stupidity list, or he may not yet have been caught. It will be interesting to see the toxicology report. If I had to bet, based on my long experience with such things, a clean tox report ain't likely. I'd also be interested to see the list of unsolved burglaries in that part of town.
Dennis Dezendorf
PawPaw's House
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