Originally Posted by bigcountrysg
Deadly force is not justified to prevent loss of property. Your life has to be endangered to justify deadly force.
The news report did not state if the accussed robbers were armed or not. So two masked men coming in demanding money and what ever else is a weak excuse to justify deadly force.
The video tape is going to be used by the prosectution for this case. That is going to be the deal breaker if this goes to trial. Being the video tape does not lie.
There is no report of them threatening the man, there is no report of robbers being armed. So it is hard to say if it was justified or not.
Another thing that is taken into consideration is reaction by a normal human being. Would the majority react in the same way as this elderly man. If the answer is yes then by that, he could be found innocent.
But if the answer is no, then he could be found guilty. Depending on the rest of the evidence that is available.
Being he is already charged, he has already been indicted. An indictment is nothing more then being formally told what your charged with.
If he was not charged and held in jail with out bond, then he would not be indicted. The next step is arriagnement. Which being he is held with out bond tells me he has already been through that step as well.
This depends much on how Oklahoma's laws are written.
In Florida, you are justified in using deadly force in any forced felony. Robbery is considered a forced felony here in Florida. Also our Castle Doctrine give you the citizen, the presumption that if someone breaks into your home (and I also believe business) they are going to do you harm and you can defend yourself accordingly. Regardless if they were armed or not.
That's the law of course. What happens in a court of law is totally different. Especially if you get a judge like Sotomayor.
So it's going to depend a lot on how the law was written, how well his attorney can define the law.
The other aspect is that he went back and shot the robber again. Who knows what those circumstances were. There's a lot info that was left out of this article. So it's very hard to pass judgment.
Should be interesting to see how this plays out.