By News-Register staff • 

McMinnville home intruder shot

A home intruder was shot by a McMinnville resident early Sunday morning.

Police gave this account:

Shortly after 6 a.m., officers responded to the 1300 block of S.W. Gilorr St. An unidentified resident called 911 to report that an intruder had attempted to break in to the residence and was shot by the homeowner.

The unidentified intruder was transported by Life Flight helicopter to a Portland trauma hospital for trreatment of injuries.

The homeowner is cooperating with the ongoing investigation.

Anyone with information related to the incident is asked to call the McMinnville police tip-line at 503-434-2337.

 

Comments

Denise

Thank goodness for the Second Amendment.

Hope the homeowner is well.

Rotwang

Good. That's how it's done.

tagup

"attempted" to break in??....Hope he was inside the house when shot...otherwise the self defense motive might be difficult to sell.

Denise

tagup -

You’re incorrect.

Notwithstanding the provisions of ORS 161.209 (Use of physical force in defense of a person), a person is not justified in using deadly physical force upon another person unless the person reasonably believes that the other person is:

(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or

(2) Committing or attempting to commit a burglary in a dwelling; or

(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]

Section 2 clearly says otherwise.

Joel2828

This is what the second amendment looks like. Our founding Fathers were very wise.

Bill B

Totally agree, but the homeowner didn't need an automatic weapon.

tagup

Denise-

I think the key word in #2 is "in" a dwelling....and it's ( much more) difficult to prove imminent threat when the perpetrator is outside....The law enforcement advice commonly given is if you shoot someone inside your house and they fall outside the door...drag them back in...

**I don't know any of the details of this case so please don't misunderstand my point as an accusation in this case...this likely is a bona fide case of self defense.

Denise

Bill B

Says who? You? Please.

tagup

By definition, a burglary is a dwelling.

Soban attempted burglary is grounds for deadly force.

tagup

Believe what you wish, but there is a reason it says “in” rather than “of” a dwelling......

Joel2828

tagup wrote " it's ( much more) difficult to prove imminent threat when the perpetrator is outside"

Good thing is you don't have to "prove" anything. This is a country where you are automatically innocent until proven guilty. Not the other way around.

Denise

I will believe the law, as it’s clearly written.

Cheers.

tagup

Joel you are correct concerning a criminal charge

There was a case in Oregon a year or so ago,where a guy shot an “intruder “ that was sleeping on his couch.....the property owner is currently doing time.
So yes when charged with a crime everyone is innocent until proven guilty...but there are situations where the threat circumstances would need to be shown (proven) to sustain a claim of self defense. Which was my point.

Denise—go easy on those masked and seemingly armed trick or treaters pounding on your door or putting TP on your landscape.....:)

Rick

"The law enforcement advice commonly given is if you shoot someone inside your house and they fall outside the door...drag them back in..."

I'd like to know what law enforcement officer gave out that bit of misinformation.

During my training as a firearms instructor, the prosecuting attorney, and the county sheriff both said to NEVER do that, as crime scene investigators would clearly see drag marks and other evidence of doing that...

tagup

I don't think it was to be taken literally...for all the reasons you listed....the point of the comment being, that inside the house allows some leeway when establishing self defense.

Denise

tagup

Give me a break.

Your ridiculous example shows you have no real argument.

Don’t like it?

Move to California.

tagup

Yes, it does appear you need a break....Not sure why you’re upset or what is “ridiculous “ about the example since it’s true. The fact that you won’t accept the definition of “in” (a dwelling) doesn’t create a problem with my argument.....You posted the statute...I merely pointed out what it says and that it confirmed my point.

The trick or treater comment was meant as humor....clearly it missed the mark....my apology...

Jeb Bladine

Just to clarify Oregon law, "Burglary" is not, by definition, in a dwelling.

Burglary in the 2nd degree is when a person "enters or remains unlawfully in a building with intent to commit a crime therein;"

Burglary in the 1st degree is when the building is a dwelling, or if the the person has weapons, threatens physical force, etc.

The law on using deadly force against the person comes into play when the burglary is in a dwelling.

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