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This is my county- Washington County, Oregon
Hobo
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Homeowner Fires Gun to Stop DUII Driver After Crash



Just before midnight on August 7, a DUII driver traveling too fast failed to negotiate a curve and left the road way on SW Hillsboro Highway. He crashed through a fence, hit a tree, and landed in a front yard, causing substantial damage. He tried repeatedly to drive out of the yard, but the two driver-side flat tires hampered his efforts. During the commotion, the property owner went outside his home with a handgun to see what was going on.



As the driver continued to recklessly drive his vehicle in the yard, the property owner fired his handgun repeatedly into the ground until the driver complied with his commands to stop. Multiple sheriff's deputies responded to the disturbance and quickly secured the scene. The driver was arrested and charged with DUII and Criminal Mischief; he has since posted bail and been released. The property owner's actions were also reviewed by the District Attorney's Office.



The DA's Office determined that criminal charges will not be filed against the property owner who fired rounds from his handgun. This is because the investigation and evidence at the scene indicated he was in fear for his safety as the vehicle continued to be driven aggressively toward him and his house.



It is extremely important that all gun owners know this decision is supported by the full facts and evidence of this specific incident, rather than those available in media coverage. (Some facts are not releasable while the criminal case is pending against the driver.)
 

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And he shouldn't be. IMO it sounds as if he showed a good bit of restraint , he was in his yard and the drunk continued driving "aggressively" toward him and his house. I read that as the guy tried to run him down , in legalese. After all a car is a 4000lb deadly weapon. Is the local media there trying to spin it differently ? Is race involved?
 

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I heartily support the homeowner, as well as the legal interpretation by the local DA. I'm not sure where Washington state is with "stand your ground" and duty to retreat laws, but I personally believe the homeowner was within his rights and acted with great prudence and restraint, using the gun as a threat rather than a return of force. However, many states or local gov't entities might not have supported him.

Sometimes retreat is the prudent course, regardless of your rights. You can stand in front of the charging bull, being fully within your rights to do so, and shoot at him if you feel threatened for your life. The bull neither knows about or cares about "stand your ground" and it's unlikely you'll drop him before he stomps you, unless you have a howitzer. A car wildly driven by a drunk seems to fall within that scenario.
 

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Tell me Hobo, is it legal in your state to fire warning shots?
 

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In Oklahoma, warning shots are illegal, though each case is tried on its own merits (extraordinary circumstances, path of least resistance, proximity of others, etc)
 

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I'm not a fan of warning shots.

I'd rather not shoot most humans as well.

Sounds like it worked in this situation, and I'm glad the fella didn't get in any trouble. I'm also glad he didn't shoot the drunk just because he could. My dad was an alcoholic after Vietnam till he was on his death bed and did plenty of drinking and driving. He was a good human.

I do seem to recall something in a Army school about shout, show, shove, shoot, shoot for the escalation of force (the first shoot being a warning shot into the ground). I know military CP protocols don't apply stateside, just saying it's not a dead concept.

If I ever fire a weapon at the ground when someone is threatening my statement is going to clearly be "I feared for my life and missed him and hit the ground". That's legal in WV as far as I know.
 

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He was well within the law to shoot the DUI driver who was using his/her vehicle as a weapon(5,000Lbs) projectile in an aggressive manner on the homeowner's private property. "In fear of great bodily injury or death" is case law when using deadly force to stop a threat/suspect and action(s).
 
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