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  • 225todd

    Well-Known Member
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    1   0   0
    Jan 6, 2011
    128
    18
    Shreveport, LA
    Okay, the other day a home owner in Shreveport shot a home invader armed with an AK47. Originally the story sounded like a case where it was a good thing the homeowner was a gun owner. The next day the news reported a whole new story:


    http://www.ksla.com/story/28245881/...cruelty-to-juvenile-after-fatal-home-invasion



    SHREVEPORT, LA (KSLA) - Shreveport police have arrested the homeowner who fatally shot a man who broke into his home.

    It happened around 12:45 a.m. Tuesday in the 800 block of Kimbrough Street. Shreveport police say two masked intruders entered the man's home, and one was armed with an AK-47. As one of the men turned a corner in the home, the man living in the home shot him.

    The homeowner has been identified as 21-year-old Austin Holstead.

    Police say illegal drugs were found inside the home, which they believe was a motivating factor in the robbery.

    Police added that children were inside the home at the time of the shooting and were not injured. Child welfare representatives were notified.

    Police have charged Holstead with cruelty to a juvenile and illegal use of a weapon when illegal narcotics are present. A woman living in the home with Holstead, 23-year-old Kimberly Dowden, was charged with cruelty to a juvenile.

    Holstead and Dowden were taken to the Shreveport City Jail.

    Police are investigating if the shooting falls under the Castle Doctrine. The law allows anyone to use force to defend their home, property, or car.

    It's a law that will likely be considered as a possible defense in this case.

    "The law even goes to that extent to protect the person who was the defender," said Doug Pierrelee, co-owner of Sentinel Security.

    Retired Louisiana State Trooper and security company owner, Doug Pierrelee, is an expert in 'Stand Your Ground' laws. In Tuesday morning's case, police say illegal drugs were found inside the home. Pierrelee says that discovery complicates things in this case.

    "If it was in possession with intent to distribute, it would make a very difficult defense case for the homeowner," said Pierrelee.

    My question is this- was the cruelty to a juvenile charge stemming from him having drugs in the house with a minor present or was there some way that the charge can be brought on by having a self defense situation in the house when the minor was present. If the story comes out that this guy is a douche that was selling drugs (or for that matter using drugs) in the house when the child was present I hope he gets nailed with everything they have. Reading a little closer I figured that the charge was for the possession of narcotics with a minor present or the girlfriend wouldn't have gotten the charge also.
     

    Jmfox3

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    Dec 27, 2009
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    Not a LEO. If the person was engaged in a criminal act, distribution of a controlled drug, it would seem that the shooting could also be a crime. Look up the "felony doctrine." In this case, if the homeowner was aware that he/she was being targeted for an armed robbery, because they were dealing drugs, then a manslaughter charge could be appropriate. To use the castle doctrine, "...The occupant(s) of the home must not have provoked or instigated an intrusion." Lots of things for the DA to work through; who to charge with what crime? I wouldn't want to be in the homeowners shoes.
     

    Metryshooter

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    3   0   0
    Jul 11, 2010
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    I'm certainly not taking up for a drug dealer, but why would a dealer having his product in the home negate the fact that armed intruders entered the home. I get that him having the product (or cash) could be viewed as attractive, but how is that any different than someone having a massive new TV that's known about?
     

    225todd

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    Jan 6, 2011
    128
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    Shreveport, LA
    Yes, I realize I answered my own question, but I was just wondering if there were any loopholes that would allow that charge during an intrusion. I would've thought the charge would have been child endangerment vs. child cruelty. That's what confused me.
     
    Last edited:

    Sneakybuffalo

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    Sep 21, 2014
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    I'm certainly not taking up for a drug dealer, but why would a dealer having his product in the home negate the fact that armed intruders entered the home. I get that him having the product (or cash) could be viewed as attractive, but how is that any different than someone having a massive new TV that's known about?

    Cause one is illegal and the other isn't
     

    Kraut

    LEO
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    4   0   0
    Oct 3, 2007
    1,805
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    Slidell, LA
    Brings to mind the Anty506 incident, how much should the drug deal/rip-off scenario impact an individual's right to self defense?
     

    madwabbit

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    1   0   0
    Jan 2, 2013
    4,726
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    Lafayette, LA
    I'm certainly not taking up for a drug dealer, but why would a dealer having his product in the home negate the fact that armed intruders entered the home. I get that him having the product (or cash) could be viewed as attractive, but how is that any different than someone having a massive new TV that's known about?

    people aren't physiologically addicted to TV's, nor do they care if other people in the neighborhood are selling TV's on their block. I could go on, but you get the idea

    Looks like a perfect example of someone that didn't play by the rules that inevitably needed to call a cop sooner or later.
     
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    hoghunter54

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    14   0   0
    Nov 9, 2012
    166
    16
    Westlake,la.
    Any moron that shoots someone dead in his living room and doesn't remove his drug stash is an idiot.He should be locked up
    forever.He is too goofy to be allowed to take care of any children,let alone his own.And he is definitely too stupid to live out
    in the real world with folks that have more than 2 brain cells.
     
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