Who should be charged when a homeowner shoots an intruder?

[anthonybpugh]

CLEVELAND -- In 26-years Aurby Nelson has never had visitors at his home like the ones who stormed in Monday. "I did what I did not want to do, I shot them" Nelson says. "Which I did not want to do. Period."
Nelson says two teenage boys came to his east-side home looking for money for McDonalds on Monday, and when they wouldn't leave, they stormed inside.

Nelson says he ran to his upstairs bedroom, the two teens followed him-- then began charging the door.

"If they thought I was messing around messing around, just playing--I don't know what gave them that idea."

Nelson lodged a dresser against the door, then, police say, the two began trying to kick it in, and that's when Nelson grabbed for his gun.

"[The one teen] kept on pushing the door--and that's when it [the gun] went off," he says.

One boy was shot in the face. Both were able to run. The injured teen was hospitalized, the other was booked on robbery charges.

A short time later the 60-year Nelson was arrested for felonious assault.

Within 24-hours he was released, forgave the teenagers and says he's eager for the next step. "Next is my court date, to determine whether I'm guilty or not."

The teenager who was shot is 14-years old. His sister tells WKYC.com he is still hospitalized, re-covering from injuries to his eyes and nose.

The second teenager is 15-years old. He's out of jail, and tonight tells WKYC.com he has not been charged, but charges may be coming.

As for Nelson, he was arrested on felonious assault charges, but it will take a Grand Jury to decide whether the charges will stick

http://www.wkyc.com/news/rss_article.aspx?ref=RSS&storyid=59639

[error]

Ridiculous. Absolutely fucking ridiculous.

But that's Ohio for you.

Hell, that's almost anywhere in America.

[KBCraig]

Ridiculous. Absolutely fucking ridiculous.

Agreed. I read this earlier this evening on PDO, and was disgusted.

But that's Ohio for you.

Hell, that's almost anywhere in America.

It's only half of Ohio. From what I understand, the southern part of the state takes a more understanding approach to self defense.

And it's not nearly "almost anywhere in America". Other than in a couple of states, and a handful of major cities, someone retreating to an upstairs bedroom and barring the door would be seen as having taken every possible step to retreat. Most states don't require retreat inside one's own home.

Kevin

[Atlas]

It's hard to feel sorry for people who live in their statist states. I have my own problems with the law in my pathetic state, but I don't expect any sympathy from the smarter folks that have moved to NH. You'd think that there'd be more FSPers around the country with all of the folks out there that the government has wronged.

[error]

We still have to get the word out to them that there's a better way to live than in fear of the government.

[Dreepa]

We still have to get the word out to them that there's a better way to live than in fear of the government.

Agreed.

I think that there are 20K people who want to be 'free'. We just need to find them.

[error]

I'm doing what I can!

[Spencer]

What Cleveland needs (besides a weekly bus to NH for FSPers) is for the police chief to be fired over this incident and -- if the DA does not immediately drop the charges (i.e., not take it to grand jury at all), then for the DA to be recalled.

[citizen_142002]

Anyone have contact info for the DA? This is nuts!
This guy gave a lot more ground than most people would have, it wouldn't seem unreasonable to me for someone to open up as soon as they came through the front door, as long as you tried to warn them.

[anthonybpugh]

why give them a warning?  if they haven't the common sense or the common decency to not force their way into your home, they don't deserve anything but a face full of buckshot. 

[citizen_142002]

I believe you have a right to shoot first and ask questions later in your own home. That said I also believe you have a right to snort several grams of cocaine until your heart explodes. I would prefer to do neither.

I don't want to kill kids who are just fucking around without giving them a heads up. I'm sure there are many people on this forum who shoplifted, or vandalized, or did something wrong when the were teenages. Yeah yeah, no excuse I suppose we should just kill anyone for the slightest infraction?

Nope. Personally if I have the ability I will let intruders know I am armed. If they continue after that, well good luck with surviving that whole gunshot wound thing. This guy went way above and beyond what I would do, and what any reasonable person would do, to avoid using deadly force.
Sounds like he only shot once too.

Note I said he had the right to open up when they crossed his threshold.

[Michael Fisher]

Aurby Nelson is a good man to forgive them.

If anyone still thinks government is good for ANYTHING, then this is undeniable proof to the contrary.

[dalebert]

This really ought to be an open and shut case. Actually, any sane D.A. wouldn't even pursue a case against this man. It's a waste of time and (illegally confiscated tax) money.

[SeanSchade]

A common a little quote concerning home defense...

Dead men can't testify! 

[aries]

Wow, that's really messed up. At least in NH there's no duty to retreat in your home... I think we could pass the castle doctrine bill again even with the D GenCourt, but Lynch would likely veto again.