Yes, I agree.
Castle doctrine 100% includes your residence.
It may include your land (including curtilage). That usually becomes a jury's job to decide.
It definitely does not include the road.
Challenging read- Special ops soldier won’t face charges after fatally shooting civilian on his property
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Castle doctrine 100% includes your residence.
It may include your land (including curtilage). That usually becomes a jury's job to decide.
It definitely does not include the road.
There is fine line between being threat, and not being one.
Aside from the self defense aspect, justified from what I read, I would have some questions on Cable Warriors, their operations and maybe even ownership. Chechnyan w/ no US license but employed here, atypical attire and work practices, proximate to a base, Russian cloud server? Maybe I'm paranoid, but something seems a bit......off.
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4WD
$50 site donor 2025
My lawn chair, dove bucket, and 12ga might be seen as a threat watching him - and meant to be …
If he is not trying to enter my home then I'm not shooting him, I'm waiting for the police.
And train your workers that if a property owner protests in the least there has to be some protocol.
I'd suggest 1) retreat to your vehicle or the road and 2) call your supervisor. It may be necessary to return with law enforcement if the law says utility workers have a right to be there.
Arguing with the property owner and refusing to leave is the LAST thing you should ever do.
Furthermore, the worker should be able to speak English relatively well because you are operating in America. I'd never accept such a job in a country where I didn't speak the native tongue. This is not racist, it's known legally as a BFOQ: bonafide occupational qualification. No different than requiring a warehouse worker to be able to lift 70 lbs.
They're not coming.
"As the dispatcher explained that officers were on another call — which the sheriff’s office said in its statement was a life-threatening medical call — the wife is heard in the recording speaking to someone on the scene."
Up to you at that point - but "waiting for" something that isn't coming is a distortion of this guy's choices.
If you choose not to confront, I get it.
But if you think your house and family is being "cased" for a future problem, then sitting and doing nothing is just that - doing nothing.
So the police are not coming, ever? Clearly that's not a real scenario. As an individual you can't detain someone for fear of future issues. It's essentially kidnapping.
I get it - you're advocating doing nothing.
Avoiding confrontation.
But the Sherriff didn't come until 20 minutes after shots were fired. Which was after the homeowner went back inside.
So, he waited, what, half an hour? More? after the first phone call to 911?
If you're comfortable letting someone do something illegal, that is a potential threat to your family, for half an hour, or more, while you sit there, that is your prerogative.
Your call.
Let me add that you have the luxury of knowing what that guy was doing there, that he was taking photos for a cable company.
A luxury that was not afforded to the homeowner.
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I am stuck on flip flops.
So I read the article again.
Flip flops. All stop.
I mean, even if the guy spoke perfect English and explained in detail with no hint of lying. I am not believing any human being doing line survey work in flip flops. NOT having any of that.
Would I have shot him? Not for just being there, but in this situation, I was not there. I'm going with the finding.
So I read the article again.
Flip flops. All stop.
I mean, even if the guy spoke perfect English and explained in detail with no hint of lying. I am not believing any human being doing line survey work in flip flops. NOT having any of that.
Would I have shot him? Not for just being there, but in this situation, I was not there. I'm going with the finding.
Yeah, arresting a (former) special-ops soldier for shooting a "Russian" on the homeowner's property (I know that's not 100% accurate but his opponent won't be either) wouldn't go over well !
The article states it took the police 20 minutes to show up because they had a life-threatening incident to attend to first.
Bad decisions from the worker who turned aggressive and the company. We work with a lot of utility companies and they all have an extensive list of clothes you're supposed to wear and safety equipment. Steel-toed boots for one if not at a substation. If we were in this situation and the utility company decided to audit us, we'd immediately lose the contract and most likely the entire client. This dude came out looking like he just woke up, no english, no ID, and no paperwork and starts taking pictures.
The guy was taking pictures of the utility poles, so I doubt he was on the private property, at least initially. The worker was probably on the easement.
Perhaps he stepped onto the property, or outside the easement to confront the home owner. Anybody on a public road or easement can take pictures of anything they want, including your kids or wife changing in the bedroom or whatever else, as long as it's visible from the public place. So the homeowner shouldn't have approached the guy to begin with, But he was government trained, so there is that. We all know the gov doesn't like civilians recording them.
Another aspect of this incident is that no other country has self defense laws like the US. In other countries, people can come onto your property pretty much as they please and the owner cannot do anything about it, except to call the police. So this guy probably thought he will be a though guy and nothing will happen. He found out the hard way.
Perhaps he stepped onto the property, or outside the easement to confront the home owner. Anybody on a public road or easement can take pictures of anything they want, including your kids or wife changing in the bedroom or whatever else, as long as it's visible from the public place. So the homeowner shouldn't have approached the guy to begin with, But he was government trained, so there is that. We all know the gov doesn't like civilians recording them.
Another aspect of this incident is that no other country has self defense laws like the US. In other countries, people can come onto your property pretty much as they please and the owner cannot do anything about it, except to call the police. So this guy probably thought he will be a though guy and nothing will happen. He found out the hard way.
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Again, read the article....
"...Daraev, an immigrant from Chechnya, was legitimately working for a utility contractor..."
How does one get that job in the USA doing this without speaking English.. the whole contractor thing is fishy IMO.
Of course there were 12? year olds working at hyundai "contractor" too which is also odd.
4WD
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Me too - but as described above ^^
There is no place in this country where taking pictures from the road constitutes a reason to "be shot from afar." I would ask where exactly you grew up?
That said, this is a more complicated situation, with plenty of fault all round: an non-uniformed, unannounced employee trespassing and acting suspiciously with shaky identification and bizarre, aggressive behavior when challenged and was unschooled in the language of the country; a sherriff's office that provided delayed service and no advice while prioritizing something else that was not as important; an assuredly bare-bones utility outfit grossly underequipping and undertraining their employees and contractors; and a guy with a gun whose judgment was a little bit short of adequate.
You have the court finding, probably still have civil actions on the way. It's a horrible situation from so many perspectives and could so obviously have been prevented by better action from the shooter, or the company, or the sherriff, or the photographer.
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4WD
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Yep, I see surveyors all the time - uniforms - bright vests - park their marked vehicles right where they are - set out cones - have flags, instruments, and laptops etc … Some stick a note on your door ahead of time … Could they fake all that? I guess - but 99/100 likely legit …
Had someone from State Farm come out to take pictures of my property for insurance reasons. She was wearing a hi-vis vest, hat, and state farm ID. I was out working on my yard when she came. Told me the exact reason why she was here and that was that, I let her do her thing.
This entire thing could have been prevented had the company done just about anything at all to identify its employee. They also shouldn't be sending someone out who can't speak English. Tragic what happened but the man did what was necessary to protect himself and his property.
This entire thing could have been prevented had the company done just about anything at all to identify its employee. They also shouldn't be sending someone out who can't speak English. Tragic what happened but the man did what was necessary to protect himself and his property.
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