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Homeowner shoots fleeing, "pregnant" intruder

Tony TigerTony Tiger Posts: 2,254
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An 80-year-old California man told a television station he shot dead a fleeing intruder who had begged for her life and claimed she was pregnant.

Tom Greer told a Los Angeles news station that he shot Andrea Miller twice in the back just outside his house, while she was running away on Tuesday night.

It is not yet clear if Greer will be arrested over the death, but Miller's alleged accomplice Gus Adams has been charged with her murder, police said Thursday.

Greer claimed that he had returned home Tuesday night to find a man and woman breaking into his Long Beach home, and that the intruders had attacked him in the hallway.

He reportedly told KNBC on Wednesday: '[Miller] says, "Don't shoot me, I'm pregnant, I'm going to have a baby," and I shot her anyway.'

A coroner has not yet confirmed if the 28-year-old, from Long Beach, was actually pregnant.


Greer told NBC 4 he believes he was acting in self defense after Miller and her alleged accomplice Adams, 26, attacked him and broke his collarbone.

Adams, from Long Beach, has been arrested on suspicion of murder for taking part in a crime that led to Miller's death.

Police chief Jim McDonnell said the charge was possible because Adams was involved in a felony that led to a death. The police chief added that Greer was cooperating with the investigation.

(source)

Was wondering where peoples opinions are on this. On the face of it, it might sound like an unreasonable use of force...but he is a very old man who was undoubtedly terrified and full of the adrenaline that comes with that. On the basis of that and the fact he had this happen to him, rather than seeking out trouble in any way, I think I would favour no action being taken against him. I reckon in the end none will be, too, barring some shocking new development.

Anyone who thinks he deserves to be prosecuted for the shooting?
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    JasonJason Posts: 76,557
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    Some additional information ..
    Greer told Channel 4 that he acted in self-defense Tuesday night and that the pair had burglarized his home twice before.

    “They’ve been here twice so they know the routine,” he said Wednesday in an interview with the television station.

    McDonnell said that the home had been burglarized on three previous occassions. No one was home at the time of those incidents.

    Greer said that he walked into his home Tuesday night in the 3900 block of Country Club Drive and found a man and woman trying to break into his safe. He said they tackled him and that he broke his collar bone in the scuffle.

    Police confirmed that the intruders beat Greer with their fists, body slammed him to the ground and tried to break into his safe.

    http://www.latimes.com/local/lanow/la-me-ln-long-beach-burglar-pregnant-woman-shot-20140724-story.html

    So they beat up an 80 year old man quite severely in the first instance. And if it's indeed the third time they've robbed him, then I honestly think he's got every right to defend himself.
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    JakobjoeJakobjoe Posts: 8,235
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    He saw their identity so would they have left him alive once they'd opened the safe. Who knows what would of happened if they found cash or not...
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    *Sparkle**Sparkle* Posts: 10,957
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    It's hard to judge without full, reliable details.

    IMO, if the person is running away, you can't claim self defence. However, the circumstances described suggest the man was terrified and not thinking straight, so it could be diminished responsibility.
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    Seth1Seth1 Posts: 676
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    I say he should get the Guillotine.
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    Ted CTed C Posts: 11,731
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    First of all its yet to be proven that the woman was pregnant, so despite it being prominent in the headline, I think we should leave that aspect of it aside.

    But lets concentrate on the 'self defence' aspect of this - he shot the girl twice...in the back...as she was running away.

    People can (and they will) spout all of the 'they deserve what they got', 'she would still be alive if she had not broken into the house' stuff all they want, and yes clearly they should not have been there, no question - but shooting a person twice in the back when they are running away is NOT self defence.

    I don't disagree with the accomplice being charged - he was complicit in the events that led to the girls death.

    Given the age of the old guy maybe he won't be charged, but I just cannot condone his actions.
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    JasonJason Posts: 76,557
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    But lets concentrate on the 'self defence' aspect of this - he shot the girl twice...in the back...as she was running away.

    People can (and they will) spout all of the 'they deserve what they got', 'she would still be alive if she had not broken into the house' stuff all they want, and yes clearly they should not have been there, no question - but shooting a person twice in the back when they are running away is NOT self defence.

    They'd been there twice before, they'd beaten him severely the third time so he'd certainly be justified in fearing for his life even while they were running away as he'd most likely be thinking they'd be back again to finish him off.
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    gasheadgashead Posts: 13,822
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    Given the age of the old guy maybe he won't be charged, but I just cannot condone his actions.
    Nor I, but neither do I condemn him for them. So they fled. This time. Who knows what they'd do the next time.
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    [Deleted User][Deleted User] Posts: 7,888
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    Pregnant is not excuse for burglary. If she even was pregnant.

    They terrorised an old man and whilst I'm not saying it was right for him to shoot, surely "this homeowner might have a gun and use it on an intruder" should have entered their heads. What if he hadn't been armed? Would the burglar have beaten him senseless and then robbed him of his possessions.

    I'm not pro or anti gun. I do believe though that if someone breaks in, you should be allowed to use reasonable force or force equal to what they have but maybe he was just a scared old guy and shot to protect himself.
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    JumbobonesJumbobones Posts: 1,814
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    If she was pregnant she would just have perpetuated the cycle of criminal behaviour as the child would probably have grown up to be a robbing scumbag as well
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    TrollHunterTrollHunter Posts: 12,496
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    vinba wrote: »
    He sounds a bit mentally ill. If he shot her whilst she was fleeing and not actually on his property and could have identified her then yeah, he did basically execute her. Why did he drag her back towards his house? Perhaps there is a law regarding where you gun people down.

    I've read two articles on this and neither mention anything about him dragging her to his house. Where did you read that?
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    Si_CreweSi_Crewe Posts: 40,202
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    Must say, although I approve of the basic concept of "stand your ground" laws, it concerns me greatly that many people (including juries, on occasion) don't really seem to understand how they should be properly applied.

    Seems like, regardless of what's happened previously, if somebody is retreating when you shoot them, you're not "standing your ground". You are, in fact, attacking.
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    Philip WalesPhilip Wales Posts: 6,373
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    No, while I wholeheartly agree that a person should have the right to defend themselves, I think shooting someone in the back as they ran away, is not the way to go. The pregnancy has nothing to do with it, she didn't think of that as she beat and robbed him.

    But I do wonder how she told him this as she ran away, did she shout over her shoulder "don't shoot I'm pregnant" I think we need to know more facts.
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    TouristaTourista Posts: 14,338
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    You have to wonder why with the gun availability in the US these 2 weren't armed, and if they were, why they simply didn't kill the guy....

    As with many of these shootings, we only have the old guys version atm, so will see if anything changes.
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    Evo102Evo102 Posts: 13,630
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    They'd been there twice before, they'd beaten him severely the third time so he'd certainly be justified in fearing for his life even while they were running away as he'd most likely be thinking they'd be back again to finish him off.

    According to the chap who is trying to avoid a murder charge. From the link you provided.
    Greer told Channel 4 that he acted in self-defense Tuesday night and that the pair had burglarized his home twice before.

    “They’ve been here twice so they know the routine,” he said Wednesday in an interview with the television station.

    McDonnell said that the home had been burglarized on three previous occasions. No one was home at the time of those incidents.

    So no one was at home when he was previously burgled but he knows it was the same two people:confused:
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    gasheadgashead Posts: 13,822
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    Si_Crewe wrote: »
    Must say, although I approve of the basic concept of "stand your ground" laws, it concerns me greatly that many people (including juries, on occasion) don't really seem to understand how they should be properly applied.

    Seems like, regardless of what's happened previously, if somebody is retreating when you shoot them, you're not "standing your ground". You are, in fact, attacking.
    Is it as simple as 'stand your ground' (at the time of the immediate danger) though, or is there a broader concept of self-preservation to consider? Bear in mind that this was (allegedly) the third time they've robbed and/ or attacked him, so he has every reason to believe it wasn't the last. They know he could likely identify them, so he'd surely be in fear of future reprisals? I'm not saying he or the law is right or wrong on this occasion, but I don't think it should necessarily be as black and white as 'they were retreating' when it comes to repeated offences by the same people on the same people (person). State of mind also needs to be considered.
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    Philip WalesPhilip Wales Posts: 6,373
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    But as has been pointed out he wasn't home before so how does he know it was these 2. If he could identify them, then sorry that's what the police are for. And again this thing about "I'm pregnant" confuses me, so your running down the street etc , shouting that in the hope he doesn't fire, seems very strange.

    Sounds more like he had her cornered or he wounded her, then executed her.
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    Si_CreweSi_Crewe Posts: 40,202
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    gashead wrote: »
    Is it as simple as 'stand your ground' (at the time of the immediate danger) though, or is there a broader concept of self-preservation to consider? Bear in mind that this was (allegedly) the third time they've robbed and/ or attacked him, so he has every reason to believe it wasn't the last. They know he could likely identify them, so he'd surely be in fear of future reprisals? I'm not saying he or the law is right or wrong on this occasion, but I don't think it should necessarily be as black and white as 'they were retreating' when it comes to repeated offences by the same people on the same people (person). State of mind also needs to be considered.

    I'd hope it's the former, otherwise it'd grant people the right to go around blasting anybody who might be responsible for past or future injustices.

    Thing is, US justice isn't entirely bonkers.
    They also have a thing where they consider retaliation to be a fresh attack.
    Plenty of people have been locked-up for, say, shooting at fleeing carjackers etc.

    That being the case, the whole "stand your ground" thing seems very dubious to me and, TBH, I get the feeling that it's success is usually based on whether or not you have the sympathies of the jury, rather than on any irrefutable point(s) of law.

    Imagine if, for example, Trayvon Martin had been doing his thing when he was confronted with a group of angry, white, middle-class people.
    If he'd pulled a gun and started shooting at them in "self defence" do we suppose that a jury would have accepted that he'd just been "standing his ground"?

    All speculation, of course but the way these SYG laws work seems rather erratic to me. :confused:
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    Jol44Jol44 Posts: 21,048
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    They'd been there twice before

    Had this been proven at the time he shot her?
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    nanscombenanscombe Posts: 16,588
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    Evo102 wrote: »
    ... So no one was at home when he was previously burgled but he knows it was the same two people:confused:

    Just because no-one was home doesn't mean that they were't seen. Neighbours, CCTV or he he could have arrived home in time to to see them fleeing are a few ideas that immediately spring to mind.
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    dee123dee123 Posts: 46,282
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    Seth1 wrote: »
    I say he should get the Guillotine.

    Off With His Head? That's way too quick for the American Justice System.
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    Nigel GoodwinNigel Goodwin Posts: 58,550
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    Tony Tiger wrote: »
    Anyone who thinks he deserves to be prosecuted for the shooting?

    Nope - should have shot them both :p
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    Philip WalesPhilip Wales Posts: 6,373
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    nanscombe wrote: »
    Just because no-one was home doesn't mean that they were't seen. Neighbours, CCTV or he he could have arrived home in time to to see them fleeing are a few ideas that immediately spring to mind.

    So why had no one done anything about them before, if as you say there may be witnesses and or CCTV to previous visits.. Springs to my mind
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    Tony TigerTony Tiger Posts: 2,254
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    Si_Crewe wrote: »
    Must say, although I approve of the basic concept of "stand your ground" laws, it concerns me greatly that many people (including juries, on occasion) don't really seem to understand how they should be properly applied.

    Seems like, regardless of what's happened previously, if somebody is retreating when you shoot them, you're not "standing your ground". You are, in fact, attacking.
    Are people even bringing up stand-your-ground in relation to this? It's irrelevant and not applicable here.
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    nanscombenanscombe Posts: 16,588
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    So why had no one done anything about them before, if as you say there may be witnesses and or CCTV to previous visits.. Springs to my mind

    How many stories do we see of British Police who are unable or unwilling to do anything despite witnesses or CCTV?
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    Philip WalesPhilip Wales Posts: 6,373
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    Another thing that puzzles me is this, he arrives home, is attacked in his hallway, beaten to the ground his collarbone broken. They then leave, he manages to get up, get his gun and still they're within firing range, they must be the slowest escapees on record or he is one hell of a shot with a handgun and can fire single handed to a range of say 50-100m and hit a moving target twice in the back.
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