Man Shoots At Intruders, Turns Out It Was A No-knock Raid. Now He Faces The Death Penalty

[QuickHitCurepon]

My thoughts are he's screwed. Your pathetic plea notwithstanding, if they are not IN your home you cannot claim self defense. Your clue that it's more of an op-ed piece is the broad brushing and trying to blur the issue with multiple accounts. It all has to be looked at on a case by case basis. I also have a hard time believing they didn't identify themselves.

These break-in raids have become quite a serious problem. There was a time when very few break-in warrants were issued and in each example the reason was to intervene in some very serious offense or to apprehend a dangerous, armed felon. Today these SWAT break-in raids are conducted dozens to hundreds of times a day, 365 days a year, all over America, many times for such nonsensical reasons as suspicion of marijuana possession.

From the article in the OP it covered that:

Estimates show that the total number of SWAT deployments across the country has increased from a few hundred per year in the 1970s, to a few thousand per year in the 80s, and in 2010, the Washington Times reported estimates being as high as 50,000 per year.

 

[JQPublic1]

Body cameras would settle the matter immediately.

If the Police identified themselves legibly Guy is toast.

All of this grief over pot.

In 2014!

I don't understand why a judge would issue a warrant based on hearsay. That isn't reasonable cause for a raid. I'd like to review the warrant and the cause for issuing it. I hope it was a very good sound reason because if it wasn't, anyone in the neighborhood can have the police raiding your home just on their say so!

 

[MikeK]

Go back to Ruby Ridge. A guy (I forgot his name) killed a federal agent and was acquitted by the jury because they saw it as self defense. The agent was in the woods outside the home.

His name is Randy Weaver. He was a relatively peaceful fellow who never harmed anyone, an amateur gunsmith who had done a few shady things for people and the BATF set him up by having an undercover agent talk him into sawing down a shotgun barrel.

He was arrested and given a court appearance date. Then BATF changed the date without informing him. When he failed to show up they got a warrant and pulled a commando raid on his mountain-top home, during which they failed to announce, killed his 14 year-old son who challenged them, then a sniper shot and killed his wife who was holding a baby in her arms.

Killing the agent was adjudged self defense by the court because BATF failed to announce and identify themselves when they killed Weaver's son.

BATF are the same cowboys who instigated and initiated the Waco Massacre.

 

[MikeK]

People get spooked when their space is invaded and their lives are threatened. Their first instinct is to defend themselves.

They don't have time to mull scenarios or decide on different options. They just defend themselves.

No knock searches are a real dumb-ass and dangerous thing to do.

You can spin it how you want but if you are going to use a firearm you better know the rules. No state allows this:

Man could face more charges in shooting - The Killeen Daily Herald Crime
According to the arrest affidavit, Guy admitted to police he shot at “a number of persons” outside of residence before being taken into custody Friday.

The article says he shot at persons who were breaking into his home through a window. That is not illegal in Texas. This is a risk cops take when executing these break-ins without identifying themselves -- which is getting to be a habit.

 

[The Professor]

My thoughts are he's screwed. Your pathetic plea notwithstanding, if they are not IN your home you cannot claim self defense. Your clue that it's more of an op-ed piece is the broad brushing and trying to blur the issue with multiple accounts. It all has to be looked at on a case by case basis. I also have a hard time believing they didn't identify themselves.

If someone unidentified is coming through your window you are acting in self defense if you fire.

I totally agree.

In Texas, as in most states, the use of force is permitted when the person “ knew or had reason to believe that the person against whom the force was used …. unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment ...”

According to the facts of the case, as I presently understand them to be, Mr. Guy had the right to use deadly force against those who were trying to enter his home. The fact that those who were killed or injured were policeman is irrelevant unless Mr. Guy know or should have known they were. If the police did not identify themselves and were not clearly identifiable by their attire, there was nothing to distinguish them from criminal home invaders and they should have expected the same response. If Mr. Guy shot policemen through the window as they were trying to break in, he committed no crime.

Conclusion: In Texas, one does not have to wait until an intruder is inside his dwelling to use deadly force. It is sufficient that someone is trying to forcibly enter his dwelling. Further, it is immaterial that those who were trying to forcibly enter were policemen performing their duty since the law allows the use of deadly force when a person “had reason to believe [those people trying to come through the window]were attempting to enter unlawfully and with force.” If Mr. Guy reasonably believed that those he shot were trying to enter his home illegally, he had the right to use deadly force.

There are some things I do not know which, if known, might cause me to change me opinion regarding whether or not Mr. Guy committed a crime; however, using deadly force against an unknown person who is trying to break into one's home is not a crime in Texas.

(Those who want to learn more about the law can Google "Texas and the Castle Doctrine".)

 

[MikeK]

Body cameras would settle the matter immediately.

If the Police identified themselves legibly Guy is toast.

All of this grief over pot.

In 2014!

I don't understand why a judge would issue a warrant based on hearsay. That isn't reasonable cause for a raid. I'd like to review the warrant and the cause for issuing it. I hope it was a very good sound reason because if it wasn't, anyone in the neighborhood can have the police raiding your home just on their say so!

There is a serious problem today in that judges are issuing break-in warrants with no questions asked. The warrant issued for the raid that resulted in the Waco Massacre was totally defective, containing nothing but lies and mistakes. And it was never presented during their demand for entry.

 

[Rikurzhen]

The process is the punishment. Even if they can't convict him, they can bankrupt him.

 

[Politico]

People get spooked when their space is invaded and their lives are threatened. Their first instinct is to defend themselves.

They don't have time to mull scenarios or decide on different options. They just defend themselves.

No knock searches are a real dumb-ass and dangerous thing to do.

In order to be invaded someone would have had to actually invaded.

 

[Iceweasel]

It will be up to the jury. They do not need to follow what the prosecutor or judge says. If the jury feels that the man feared for his life there will be no conviction.

Well that goes without saying. There's been no trial on this one yet, maybe he'll walk. My point was that the prosecutor probably knows more about it than the agenda driven smear monger author in the op-ed piece.

And it's always best to not be charged and avoid a trial. It can be very expensive even if you are found not guilty

 

[Iceweasel]

Yup. I mean hell if you can shoot an unarmed teen on the street of his neighborhood and get away with it because you feared for your life then a guy breaking in through the window of your home should be a no brainer.

Yup, you can't see details.

 

[Iceweasel]

Except in Texas recall that a man shoot a man for robbing his neighbor and no charges were filed.

That's why details matter. Sometimes people are convicted, sometimes not. Even in Texas.

 

[R.D.]

No knock raids are just wrong. Dumb dumb dumb

 

[PredFan]

The guy should get off Scott free and the police department should be held responsible for the officers death.

 

[CrusaderFrank]

Man Shoots at Intruders Turns Out it was a No-Knock Raid. Now He Faces the Death Penalty The Free Thought Project

On Friday, May 9, 2014, just after 5:30am in Killeen, Texas, Marvin Louis Guy was the target of a no knock raid.

The officers were looking for drugs, yet none were found in the home. There was some questionable paraphernalia, but nothing indicative of drug dealing- or anything damning enough for a reasonable person to feel the need to take an officers life.

Unfortunately the danger of no-knock raids is real. just ask the parents of baby Bou or the family of Detective Dinwiddie.

Detective Dinwiddie was one of the SWAT officers who broke into Guy’s house on May 9th, based on a seemingly bogus informant tip off about drugs being dealt from the home.

Likely alarmed by the men climbing through his windows at 5:30 in the morning, Guy and his wife sought to protect themselves and their property and fired on the intruders- in self defense.

Dinwiddie, along with three other officers were shot while attempting to breach the windows to the home, according to the department’s press release.

“The TRU was beginning to breach the window when the 49 year old male inside, opened fire striking four officers.”

Since the shooting occurred during the break in, a reasonable person would assume they had not yet identified themselves as police officers. How on earth is this not self defense?

Prosecutors are now seeking the death penalty against Guy. He is charged with capital murder in Dinwiddie’s death, as well as three counts of attempted capital murder for firing on the other officers during the shootout, injuring one other officer. Body armor protected others who were hit.

This announcement, given by the prosecutor in open court, comes one day after Governor Rick Perry presented Dinwiddie’s family with the Star of Texas award. This award is given out each year to police and first responders killed or injured in the line of duty, the Killeen Daily Herald reported.

Let’s flash back to December, in Texas, for a moment.

On December 19, also just before 6am, Burleson County Sgt. Adam Sowders, led a team in a no-knock marijuana raid on Henry Goedrich Magee’s mobile home in Somerville.

Also startled by these intruders, Magee opened fire, fearing for the safety of himself and his then pregnant girlfriend.


Read more at Man Shoots at Intruders Turns Out it was a No-Knock Raid. Now He Faces the Death Penalty The Free Thought Project

Thoughts?

And please any authoritarians who want to comment about bowing to police under all circumstances you are excused from this thread. Everyone knows your angle

Obama Fluffers defending his abuse of the IRS and NSA are so darn cute when they pretend to be against a police state

 

[SmarterThanTheAverageBear]

Go back to Ruby Ridge. A guy (I forgot his name) killed a federal agent and was acquitted by the jury because they saw it as self defense. The agent was in the woods outside the home.

His name is Randy Weaver. He was a relatively peaceful fellow who never harmed anyone, an amateur gunsmith who had done a few shady things for people and the BATF set him up by having an undercover agent talk him into sawing down a shotgun barrel.

He was arrested and given a court appearance date. Then BATF changed the date without informing him. When he failed to show up they got a warrant and pulled a commando raid on his mountain-top home, during which they failed to announce, killed his 14 year-old son who challenged them, then a sniper shot and killed his wife who was holding a baby in her arms.

Killing the agent was adjudged self defense by the court because BATF failed to announce and identify themselves when they killed Weaver's son.

BATF are the same cowboys who instigated and initiated the Waco Massacre.

What a load of bullshit.

BATF talked him to sawing off a shotgun barrel? LOL

Oh , and also BATF doesn't change court dates, courts do and it isd YOUR responsibility to know when you are supposed to be in court.

 

[Ravi]

Man Shoots at Intruders Turns Out it was a No-Knock Raid. Now He Faces the Death Penalty The Free Thought Project

On Friday, May 9, 2014, just after 5:30am in Killeen, Texas, Marvin Louis Guy was the target of a no knock raid.

The officers were looking for drugs, yet none were found in the home. There was some questionable paraphernalia, but nothing indicative of drug dealing- or anything damning enough for a reasonable person to feel the need to take an officers life.

Unfortunately the danger of no-knock raids is real. just ask the parents of baby Bou or the family of Detective Dinwiddie.

Detective Dinwiddie was one of the SWAT officers who broke into Guy’s house on May 9th, based on a seemingly bogus informant tip off about drugs being dealt from the home.

Likely alarmed by the men climbing through his windows at 5:30 in the morning, Guy and his wife sought to protect themselves and their property and fired on the intruders- in self defense.

Dinwiddie, along with three other officers were shot while attempting to breach the windows to the home, according to the department’s press release.

“The TRU was beginning to breach the window when the 49 year old male inside, opened fire striking four officers.”

Since the shooting occurred during the break in, a reasonable person would assume they had not yet identified themselves as police officers. How on earth is this not self defense?

Prosecutors are now seeking the death penalty against Guy. He is charged with capital murder in Dinwiddie’s death, as well as three counts of attempted capital murder for firing on the other officers during the shootout, injuring one other officer. Body armor protected others who were hit.

This announcement, given by the prosecutor in open court, comes one day after Governor Rick Perry presented Dinwiddie’s family with the Star of Texas award. This award is given out each year to police and first responders killed or injured in the line of duty, the Killeen Daily Herald reported.

Let’s flash back to December, in Texas, for a moment.

On December 19, also just before 6am, Burleson County Sgt. Adam Sowders, led a team in a no-knock marijuana raid on Henry Goedrich Magee’s mobile home in Somerville.

Also startled by these intruders, Magee opened fire, fearing for the safety of himself and his then pregnant girlfriend.


Read more at Man Shoots at Intruders Turns Out it was a No-Knock Raid. Now He Faces the Death Penalty The Free Thought Project

Thoughts?

And please any authoritarians who want to comment about bowing to police under all circumstances you are excused from this thread. Everyone knows your angle

If the guy that killed two people running away from him after he caught them breaking into a neighbors home got off, this person should as well.

 

[WinterBorn]

Go back to Ruby Ridge. A guy (I forgot his name) killed a federal agent and was acquitted by the jury because they saw it as self defense. The agent was in the woods outside the home.

His name is Randy Weaver. He was a relatively peaceful fellow who never harmed anyone, an amateur gunsmith who had done a few shady things for people and the BATF set him up by having an undercover agent talk him into sawing down a shotgun barrel.

He was arrested and given a court appearance date. Then BATF changed the date without informing him. When he failed to show up they got a warrant and pulled a commando raid on his mountain-top home, during which they failed to announce, killed his 14 year-old son who challenged them, then a sniper shot and killed his wife who was holding a baby in her arms.

Killing the agent was adjudged self defense by the court because BATF failed to announce and identify themselves when they killed Weaver's son.

BATF are the same cowboys who instigated and initiated the Waco Massacre.

What a load of bullshit.

BATF talked him to sawing off a shotgun barrel? LOL

Oh , and also BATF doesn't change court dates, courts do and it isd YOUR responsibility to know when you are supposed to be in court.

An informant working for the BATF talked him into it. And there is some disagreement as to whether he did it or not.

Yes, it is up to you to know when you are supposed to be in court. Weaver KNEW when he was supposed to be in court. Then they changed the court date and did not notify him. That is not his fault. That is one of the reasons why high ranking FBI officials have said that the charges against Weaver were bogus.

 

[Jarlaxle]

Go back to Ruby Ridge. A guy (I forgot his name) killed a federal agent and was acquitted by the jury because they saw it as self defense. The agent was in the woods outside the home.

His name is Randy Weaver. He was a relatively peaceful fellow who never harmed anyone, an amateur gunsmith who had done a few shady things for people and the BATF set him up by having an undercover agent talk him into sawing down a shotgun barrel.

He was arrested and given a court appearance date. Then BATF changed the date without informing him. When he failed to show up they got a warrant and pulled a commando raid on his mountain-top home, during which they failed to announce, killed his 14 year-old son who challenged them, then a sniper shot and killed his wife who was holding a baby in her arms.

Killing the agent was adjudged self defense by the court because BATF failed to announce and identify themselves when they killed Weaver's son.

BATF are the same cowboys who instigated and initiated the Waco Massacre.

What a load of bullshit.

BATF talked him to sawing off a shotgun barrel? LOL

Oh , and also BATF doesn't change court dates, courts do and it isd YOUR responsibility to know when you are supposed to be in court.

One, it wasn't the barrel. The BARREL was 18", which is legal. The STOCK, however, was shortened (it is still unknown who shortened it), making the whole shotgun 1/8" too short.

Two: the summons he was sent had the wrong date on it.

 

[SmarterThanTheAverageBear]

Go back to Ruby Ridge. A guy (I forgot his name) killed a federal agent and was acquitted by the jury because they saw it as self defense. The agent was in the woods outside the home.

His name is Randy Weaver. He was a relatively peaceful fellow who never harmed anyone, an amateur gunsmith who had done a few shady things for people and the BATF set him up by having an undercover agent talk him into sawing down a shotgun barrel.

He was arrested and given a court appearance date. Then BATF changed the date without informing him. When he failed to show up they got a warrant and pulled a commando raid on his mountain-top home, during which they failed to announce, killed his 14 year-old son who challenged them, then a sniper shot and killed his wife who was holding a baby in her arms.

Killing the agent was adjudged self defense by the court because BATF failed to announce and identify themselves when they killed Weaver's son.

BATF are the same cowboys who instigated and initiated the Waco Massacre.

What a load of bullshit.

BATF talked him to sawing off a shotgun barrel? LOL

Oh , and also BATF doesn't change court dates, courts do and it isd YOUR responsibility to know when you are supposed to be in court.

One, it wasn't the barrel. The BARREL was 18", which is legal. The STOCK, however, was shortened (it is still unknown who shortened it), making the whole shotgun 1/8" too short.

Two: the summons he was sent had the wrong date on it.

Sorry about that guess I didn't read and assume he cut the barrel.

As for the summons having the wrong date, those things happen, and they didn't send out the posse because he missed ONE court date. That's not how it works.

 

[WinterBorn]

Go back to Ruby Ridge. A guy (I forgot his name) killed a federal agent and was acquitted by the jury because they saw it as self defense. The agent was in the woods outside the home.

His name is Randy Weaver. He was a relatively peaceful fellow who never harmed anyone, an amateur gunsmith who had done a few shady things for people and the BATF set him up by having an undercover agent talk him into sawing down a shotgun barrel.

He was arrested and given a court appearance date. Then BATF changed the date without informing him. When he failed to show up they got a warrant and pulled a commando raid on his mountain-top home, during which they failed to announce, killed his 14 year-old son who challenged them, then a sniper shot and killed his wife who was holding a baby in her arms.

Killing the agent was adjudged self defense by the court because BATF failed to announce and identify themselves when they killed Weaver's son.

BATF are the same cowboys who instigated and initiated the Waco Massacre.

What a load of bullshit.

BATF talked him to sawing off a shotgun barrel? LOL

Oh , and also BATF doesn't change court dates, courts do and it isd YOUR responsibility to know when you are supposed to be in court.

One, it wasn't the barrel. The BARREL was 18", which is legal. The STOCK, however, was shortened (it is still unknown who shortened it), making the whole shotgun 1/8" too short.

Two: the summons he was sent had the wrong date on it.

Sorry about that guess I didn't read and assume he cut the barrel.

As for the summons having the wrong date, those things happen, and they didn't send out the posse because he missed ONE court date. That's not how it works.

Yes it is how things work. The feds offered to make the charges go away if Weaver would work as an informant. Weaver refused, so they put the screws to him.