Confusing case of self defense, but still self defense?

Leave it to the Land of the Hanging Chad™ to produce this rather confusing mess.

A Florida man shot and killed a suspected female intruder early Wednesday morning, raising questions about whether the fatal shooting was self-defense or homicide.

Joseph McGuire, 64, of Archer, Florida, fatally shot 26-year-old Latreese Monroe on Wednesday around 2 a.m. after Monroe had kicked in the man’s front door, according to an Alachua County Sheriff’s Office report.

Sounds cut and dry, right?

Female broke his door in and entered his house by force.

Female also had a lengthy criminal record that included time in prison on nine separate occasions for “aggravated assault, battery, fraud, resisting an officer, suspended license and probation violations…”

What else is there to say? She kicked in his door. She broke into his house. She had a long criminal record.

Hell, I would have shot her dumb ass for that!

Except that it’s never that easy, is it?

According to the article, “Public records show that McGuire has been arrested on charges of aggravated battery.” Maybe it’s the writer’s inability to articulate properly, but I can’t figure out if the journalist meant that McGuire is currently under arrest, as the sentence implies, or whether he has an arrest record. The article earlier states McGuire was at first taken into custody, but later released, and no charges had been filed yet.

Wonder if the author of the piece, S.H. Blannelberry, is a publik skool graduate…

But regardless… McGuire also apparently knew the home invader. Numerous witnesses say she had been to his home on a number of occasions, and that they knew one another well.

Did the fact that Monroe and McGuire knew one another and the fact that she had been to his home entitle her to enter said abode by force? Did McGuire still have a reasonable expectation that whoever entered his house, would do so by invitation only? Was he a criminal in possession of a firearm?

Maybe, and maybe not. It’s unclear, but since police released him without charging him, I would think that even though there was an arrest in his past, he was not charged and not found guilty.

Another thing is clear. This was McGuire’s home, and regardless of whether or not he knew the home invader, it is quite obvious by the fact that she kicked his door in in order to gain entrance to his place, that he didn’t want her there. And since she used force to enter, he had every right to ventilate her.

So, I think this is still self defense, despite the writer’s poor ability to communicate the actual story.

Thoughts?

8 responses

  1. robertsgunshop

    It sounds pretty cut and dried self defense to me. Whether he knew her or not,breaking down a door at 0 dark thirty doesn’t give anyone a pass. If he had wanted her in there at that time, he would have given her a key.

    “she was a drug addict who was trying to get her life back together” There’s what killed her. Everyone knows that “getting your life together” is fatal. nearly every BG killed suffers from this affliction. As for the arrest statement,that definitely needs to be clarified. Without a conviction, are arrest means nothing.

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  2. Kicking in a door is not an easy task, unless the door frame is in really bad shape. So, if she did kick in the door, she kept kicking, until her task was complete, or she was kicking in a door in poor shape.

    Still, having a door forcibly opened, when you’re on the inside – knowing the intruder is uninvited – is an event that leads to a tremendous fight, or flight, reaction.

    An intruder, in this situation, either knows what they’re doing, or is impaired. Either way, they’re dangerous and the possibility of losing your life is a possibility that can’t be ignored.

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  3. Latreese, Did her mother not know how to spell Latrine?

    Too much unknown here to judge what really happened. Perhaps he should have posted a warning sign http://grouchyoldcripple.com/2014/03/todays-racist-post-10/

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  4. Duh, if she kicked in your door, what would your opinion be? Case closed.

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  5. I don’t care if you can walk on water and raise the dead; you kick in somebody’s front door and you should expect to get shot. This may, in fact, be a tragedy, but I think that the legal principles are clear.

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  6. Sounds like the writer is trying to turn a justified self-defense case into an anti-gun screed and failed miserably.

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    1. Or he’s barely literate. LOL

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