Homeowner, 77, shoots intruder during break-in

@ hskrnia did you read what the mother of two even said on her comment. And one get real. And I will sum it up he was drunk not doped up. The media leaves out important facts. Second that was not his car that was someone else's car he was the passenger. Thirdly if the driver or Mr. Milam do not confess who did what. They will both includeing the homeowner will goto jail. And the investigation is still going on. And when the homeowner goes to jail. SO the next step in this process is just wait and wait intill we hear something else more about it.

I agree that the homeowner was withing his rights. The aritcle stated that Deputies found Milam's vehicle and inside were belonging's from McElrea's shop building. So what do you think the guy trying to get in the window was going to do...sit and have cookies and milk with the homeowner. I would have shot too. He might just remember he best not try to get into this guy's house again.

The homeowner is not in the clear. we will wait and see the investigation is still going on.

In Texas you have no requirement to retreat anywhere, so your "castle" is wherever you happen to be standing. Arkansas has to complicate it with you must try and retreat, except at home or in the "curtilage" of your home. Regardless, if the facts of the story are true. The homeowner is in the clear.

5-2-607. Use of deadly physical force in defense of a person. (a) A person is justified in using deadly physical force upon another person if the person reasonably believes that the other person is: (1) Committing or about to commit a felony involving force or violence; (2) Using or about to use unlawful deadly physical force; or (3) (A) Imminently endangering the person's life or imminently about to victimize the person as described in § 9-15-103 from the continuation of a pattern of domestic abuse. (B) As used in this section, “domestic abuse” means the same as defined in § 9-15-103. (b) A person may not use deadly physical force in self-defense if he or she knows that he or she can avoid the necessity of using deadly physical force with complete safety: (1) (A) By retreating. (B) However, a person is not required to retreat if the person is: (i) In the person's dwelling or on the curtilage surrounding the person's dwelling and was not the original aggressor; or (ii) A law enforcement officer or a person assisting at the direction of a law enforcement officer; or (2) By surrendering possession of property to a person claiming a lawful right to possession of the property. (c) As used in this section, “curtilage” means the land adjoining a dwelling that is convenient for family purposes and habitually used for family purposes, but not necessarily enclosed, and includes an outbuilding that is directly and intimately connected with the dwelling and in close proximity to the dwelling. History. Acts 1975, No. 280, § 507; A.S.A. 1947, § 41-507; Acts 1997, No. 1257, § 1; 2007, No. 111, § 1.

I am not on either's side but he was intocxicated. I am not on his they guy's who shot the person nor the drunk guy. But I will say this if you are drunk you don't know what you are doing. And @ warbs5 Like I have mentioned before the homeowner legally can't shoot the man if he did not enter the house. What it does though that the man opend the door with a pistol in his hand. And then it say's the man fell from a 20 foot deck. Then it say's he was ordered to stay on the ground if your not a cop you have no right to order someone on the ground at gun point. But then it say's the man got up within right to was shot three times one of the bullets had hit him.

the man only shot after he was attacked, i think the home owner is in the right to protect him self

If they are going in a window and falling 20 feet they know they are not at his house don't let him in to have a chance to heart you shoot him the bad thing he did not KILL him.........

If they are going in a window and falling 20 feet they know they are not at his house don't let him in to have a chance to heart you shoot him the bad thing he did not KILL him.........

I got this from my law book most places, you will land in jail for ... if you shoot someone outside your house. And one or both is going to end up in jail but most likely it is going to be the home owner. SO if you don't agree with me or mother of two.