Home Invaders Are Always Armed

BY Herschel Smith
5 years, 11 months ago

News from Oklahoma:

A Tulsa man shot and killed a man breaking into his house near 51st and South Lewis Tuesday morning. The same homeowner shot another burglar five years ago.

Police said the intruder’s name is Donald Stovall. The homeowner is Charles Sweeney and he said he did what he felt he had to do to protect himself.

Charles Sweeney said noises coming from his bathroom woke him up. The first thought that ran through his head was someone was breaking into his house.

“I grabbed a pistol which is right there where I sleep, and it was only about another three or four seconds and he comes into view and blam boy that 9 millimeter is real loud inside the house,” said Sweeney.

Sweeney said he shot the man in the chest and called police.

“When he clenched up his chest he says ‘I’m sorry I’m sorry I’m sorry’ he retreats back to the bathroom and he tried to get out the same window but he didn’t make it,” said Sweeney.

Tulsa Police said Donald Stovall died inside Sweeney’s house. This is not the first time Sweeney has shot a burglar in his home.

A man named Michael Watts broke into Sweeney’s home in 2013. Sweeney shot him too, but he lived.

“He goes down I run for the phone he gets back up shoves my air conditioner out of the way and takes a high dive right out my second story window,” said Sweeney.

And while Tulsa Police investigate, they say people do have a right to defend themselves.

“If you are in your home and you have an intruder come in and you feel that you are in fear of your life or the life of someone else who maybe in your home, you are well within your rights to defend yourself,” said Captain Karen Tipler.

Sweeney said he just wants people to stop breaking into his house.

“He got inside the interior of my house and I didn’t know if he had a weapon and I thought my life was in danger I shot him, and I’ll do it again,” said Sweeney.

I just have two quick observations.  First, home invaders are always armed.  They may have a firearm, or they may have a cutting tool of some sort, or they may have only their fists.  Fists can kill.  All home invaders are always armed.  It’s true, so assume it is so in every instance and for every circumstance.

Second, this guy shouldn’t have been yammering and yakking to the police.  He should have let his lawyer do the talking for him, and that should have been an immediate phone call.  No exceptions.  You have a right to representation and defense, and that’s what your attorney is for.

Just as he shouldn’t have been yammering and yakking to the police, he sure shouldn’t have been doing it to the television cameras.

Just stupid.  Shut up and let your attorney defend you from the outset of the event, not after stupid, exaggerated, incorrect and nonfactual things have been said in the heat of the moment.


Comments

  1. On November 30, 2018 at 6:28 am, Duke Norfolk said:

    Yes. This guy got away with a lot of stupid remarks that could have hung him in a different jurisdiction. Now it could be that he knew exactly what he could get away with given the local legal environment, but that would be giving him too much credit, I think. He needs to learn to shut up and call a lawyer.

  2. On November 30, 2018 at 8:09 am, Sean said:

    “I feared for my / my family’s lives. I need medical attention.” End of statement to police.

  3. On November 30, 2018 at 8:31 am, Jess said:

    I agree. In this situation – regardless of the circumstances – an opportunistic DA can destroy your life.

  4. On November 30, 2018 at 12:04 pm, Heywood said:

    Oldie but still relevant.

    https://youtu.be/i8z7NC5sgik

  5. On November 30, 2018 at 5:47 pm, Fred said:

    Burglars don’t want to get caught. If somebody is in your house knowing or with reason to believe, somebody may be home, this is whole ‘nother situation. You are in danger for your life. There are no color codes or levels of defense in this environment. Go on offense, execute your plan and kill them immediately. This is why you need a family plan(s), one in which every circumstance is covered, in this case; asleep in bed.

    Pick a name of nobody you’ve ever known and nobody in your family has ever had. A rare name. This is your code word. When you scream Nigel, Nigel, is that you Nigel in the middle of the night everybody knows what to do and if it’s a family member they can yell back that’s it’s only them raiding the ice box for some Pecan Pie. This is only an example. Involve all children of all ages. Everything you were taught about children by the twentieth century has been a lie. Involve all of your children in the plan regardless of age.

    And yeah, the guy ain’t bright and not only for blabbing to police and to news. Location, as they say, is everything, er, that’s timing. It’s; location, location, location, yes, that’s it.

  6. On December 1, 2018 at 11:25 am, revjen45 said:

    “Go on offense, execute your plan and kill them immediately.”
    Giving such advice may not be a good idea. You indicate that your goal is to kill. The legally justified exercise of lethal force is to prevent the infliction of harm on yourself and/or people you love enough to protect. By admitting that your plan is to kill you make defense of your actions a lot harder. Indeed, there might not be much difference in terms of actual application (# of shots fired, shot placement, etc.) but a head shot would be easier to justify if you hadn’t said to go in with the intent to kill. It is true that a CNS shot is the only way to immediately neutralize a threat with a pistol. I would much rather be able to say that my reason for doing so was to stop without having said otherwise in a post. In the Real World I would much rather resolve any situation without shooting simply to avoid he blight on my life that would follow even a “good” shoot. SYG aside, I would much rather leave than have a violent encounter outside my home. Inside I would stop the threat, period.

  7. On December 1, 2018 at 11:37 am, Fred said:

    Ok. Good Point, especially from a legal perspective. I’ve read some about criminality in which the perps know the resident is home, so; neutralize the threat? You’re right, I probably shouldn’t have put it that way.

  8. On December 1, 2018 at 12:14 pm, BRVTVS said:

    @Revjen

    It’s unfortunate that so many states have laws which allow a non-lethal resolution. Warning shots and displays of a firearm can land you in prison faster than actually shooting someone.

  9. On December 1, 2018 at 12:18 pm, BRVTVS said:

    Correction: That should read “prevent” rather than “allow”.

  10. On December 1, 2018 at 3:54 pm, Fred said:

    My state “allows” lethal resolution but Revjen45 is right, of course nobody wants to kill somebody else. That’s why, by law, we’ve have made a covenant in which nobody is to enter another man’s home unless invited. I guess I made the mistake of presupposing that everybody still recognizes our covenants in law and intends to live by them. Like they say, never presume anything…

  11. On December 2, 2018 at 4:53 pm, Jeffrey Dege said:

    “They may have a firearm, or they may have a cutting tool of some sort, or they may have only their fists.”

    If you confront someone who has broken into your home, and there was a gun sitting on a end-table, and he moved towards it as if to take it, would you consider it a threat?

    If you confront someone who has broken into your home, and you had a gun, he moved towards you, would you consider it a threat?

    No difference.

  12. On December 3, 2018 at 8:00 pm, Chris Mallory said:

    Just to repeat again, don’t talk to the cops or the media.

    We had a local guy involved in a sketchy shooting. He shot a guy who had been robbing his storage unit. He told the cops he feared for his life that the robber was going to run over him. The cops had no evidence that the story the shooter told was not the truth.

    But, always a but in there, the shooter gave an interview to the local news station. In his filmed interview, the story he told was totally different than the one he told the cops.
    He probably would not have faced charges without that second interview. Now he is sitting in the state pen.

  13. On December 7, 2018 at 8:17 pm, Donk said:

    @Heywood: RT, little home slice from my upbringing AO. I also suggest this one https://youtu.be/08fZQWjDVKE as it is the lawyer’s LEO buddy’s followup presentation to your vid. He basically says the lawyer is right.

    @Fred, awesome, at my hacienda we use Hootie Who!!! @Fred, I think you are in VA, I am from Tidewater.

    @revjen45 my present AO is SC, the one thing they have right is in my home, as @Fred would say, I am Apex. If you are in my home uninvited – legal justification for deadly force – period. That said, I am a disciple of Christ, if I can talk the home invader down so be it – but it is going to be done with him looking down the barrel of a large bore semi pistol, some flavor of AR or shotgun with warm blanket of knowledge that at least my state has deferred to my Apex right.

    As I said in a comment re another post as well as what we are discussing now re dialing 911 or talking to popo. If you are within your legal right to shoot an invader to your domicile, why call the cops? Drag him/her into the mudroom, wait for things to settle, then drag him/her into the street, parking lot, field across the street or what not. Once he/her is found, shut up and let your counselor do the talking. My only point is to defer a discussion with the LEO – ever. Help me riff why this is a bad plan?

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You are currently reading "Home Invaders Are Always Armed", entry #20288 on The Captain's Journal.

This article is filed under the category(s) Firearms,Guns and was published November 29th, 2018 by Herschel Smith.

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