Intruder shot & killed in Ewa (Read 16432 times)

macsak

Re: Intruder shot & killed in Ewa
« Reply #40 on: October 07, 2019, 08:26:54 PM »
Hot to crazy ratio? 1:Totallynotworthit

Yeah, she does have a sister. Prob about your age.  ;D

heads

Heavies

Re: Intruder shot & killed in Ewa
« Reply #41 on: October 07, 2019, 08:27:41 PM »
she is probably using her own interpretation of:
You cannot justify the use of deadly force defensively if you initiated its use or escalated a confrontation.

If the dude is charged, I hope I'm on that jury

changemyoil66

Re: Intruder shot & killed in Ewa
« Reply #42 on: October 07, 2019, 08:35:32 PM »
Thanks.

Had a bad impression of USCCA after they spammed the hell out of me a while back, but will check it out. 

Sounds like nun-chuk use would not be covered.  My bedside machete should be good to go.
Nunchucks not illegal.

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eyeeatingfish

Re: Intruder shot & killed in Ewa
« Reply #43 on: October 07, 2019, 09:04:50 PM »
You will still get arrested and all your guns confiscated,
not much of a castle is it?

Yes you will probably still get arrested but that doesn't mean the castle doctrine doesn't exist. The castle doctrine comes into play when evaluating whether the person was justified in using force. A patrol officer on scene may be able to prove that the homeowner intentionally or knowingly killed the intruder (elements for murder) but evaluating whether the shooting was justified will likely take a bit more investigation.

eyeeatingfish

Re: Intruder shot & killed in Ewa
« Reply #44 on: October 07, 2019, 09:07:02 PM »
The original article by KHON referred to the knife wielder as "victim".  And original headline read "Homeowner arrested and charged with murder".  Didn't know the prosecutors office was awake at 10pm or so on a Friday night to determine a murder charge and all evidence gathered.  No mention of detaining or "pending investigation.  They changed it hours later after the comments were majority angry that the homeowner was arrested and charged.  So once again piss poor reporting by the media to make a story.  And the overall tone was the guy who got shot was the "good guy".

HNN's article was  better written.  But came out way after KHON's one.

Oh, ok. Yeah, I just read the HNN article, not the KHON.

eyeeatingfish

Re: Intruder shot & killed in Ewa
« Reply #45 on: October 07, 2019, 09:11:57 PM »
It's a modified castle doctrine.  You're not immune from civil liability like many states castle docs are.  Also you still have a duty to retreat within the dwelling, but not from the dwelling.  So if bad guy comes in the front door and you're in the kitchen.  If you can safely make it to another part of the home, you shall go there.  But you do not have to jump out the window or leave your home.  Now it's how you articulate why you didn't move to another portion of the home when asked.  Or if you live in a 400sq foot condo, then there is no where else to go.  Advantage for having a small condo which is the norm in HI.

I just checked and I don't see anything that says you have to retreat inside your home, like from one room to another. It does say this:
"The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; "
http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.htm

Jl808

Re: Intruder shot & killed in Ewa
« Reply #46 on: October 07, 2019, 10:39:30 PM »
Nunchucks not illegal.

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https://www.nbcnews.com/news/us-news/cops-are-armed-nunchucks-offset-aggressive-image-n452061

The video of the cop restraining the reporter with nunchucks made me chuckle.

I think, therefore I am armed.
NRA Life Patron member, HRA Life member, HiFiCo Life Member, HDF member

The United States Constitution © 1791. All Rights Reserved.

changemyoil66

Re: Intruder shot & killed in Ewa
« Reply #47 on: October 07, 2019, 11:05:18 PM »
I just checked and I don't see anything that says you have to retreat inside your home, like from one room to another. It does say this:
"The actor is not obliged to retreat from his dwelling or place of work, unless he was the initial aggressor or is assailed in his place of work by another person whose place of work the actor knows it to be; "
http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.htm
Im no lawyer so i could be wrong, but it says "retreat from dwelling" which means leave the home. Not retreat to a different room. So you still have to change rooms if possible.

But its all about why and how u articulate why you didnt retreat to another room. No time, sore leg, backed into something that prevented it, etc...hard to prove without video.

My previous apt was a studio so no where to retreat to, compared to a home.

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zippz

Re: Intruder shot & killed in Ewa
« Reply #48 on: October 08, 2019, 06:02:35 AM »
I don't see anything in 703-304 that says a person has to retreat from their home or move to another room in the house.
« Last Edit: October 08, 2019, 06:14:47 AM by zippz »
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ren

Re: Intruder shot & killed in Ewa
« Reply #49 on: October 08, 2019, 07:21:12 AM »
https://www.kitv.com/story/41153251/ewa-beach-community-on-edge-after-man-shot-dead-in-their-neighborhood

A community in Ewa Beach is on edge after one of their own neighbors who allegedly shot a man dead at his front door on Friday is no longer in police custody.

There's nothing in the article to support that media statement.
The tone of the article suggests that the homeowner was the criminal. Forget about this stranger with a knife on your property - I guess its a common thing and its perfectly legal for a stranger with a knife to trespass. :crazy: :grrr:
Deeds Not Words

RSN172

Re: Intruder shot & killed in Ewa
« Reply #50 on: October 08, 2019, 07:25:55 AM »
I don't see anything in 703-304 that says a person has to retreat from their home or move to another room in the house.
No way would I retreat from my home if an intruder broke in.  At night it is cold, dark and usually raining where I live.

drck1000

Re: Intruder shot & killed in Ewa
« Reply #51 on: October 08, 2019, 07:26:44 AM »
https://www.kitv.com/story/41153251/ewa-beach-community-on-edge-after-man-shot-dead-in-their-neighborhood

A community in Ewa Beach is on edge after one of their own neighbors who allegedly shot a man dead at his front door on Friday is no longer in police custody.

There's nothing in the article to support that media statement.
The tone of the article suggests that the homeowner was the criminal. Forget about this stranger with a knife on your property - I guess its a common thing and its perfectly legal for a stranger with a knife to trespass. :crazy: :grrr:
KITV’s reporting was one of them most emotionally anti-gun spun that I read.

drck1000

Re: Intruder shot & killed in Ewa
« Reply #52 on: October 08, 2019, 07:28:56 AM »
Im no lawyer so i could be wrong, but it says "retreat from dwelling" which means leave the home. Not retreat to a different room. So you still have to change rooms if possible.

But its all about why and how u articulate why you didnt retreat to another room. No time, sore leg, backed into something that prevented it, etc...hard to prove without video.

My previous apt was a studio so no where to retreat to, compared to a home.

Sent from my SM-G950U using Tapatalk
That and knowledge of the laws. Like if the guy said “I warned him that next time I saw him in my property that I’d blast him full of holes. So when I saw him, I shot him up”.

Hopefully he didn’t do that, but I wasn’t there.  :(

changemyoil66

Re: Intruder shot & killed in Ewa
« Reply #53 on: October 08, 2019, 08:50:15 AM »
I don't see anything in 703-304 that says a person has to retreat from their home or move to another room in the house.

Not from their home, but within the dwelling.  That's how I'm interpreting it.  I could be mistaken.  So if guy breaks down the door, and the state proves that you could have escaped to another room in your home before using deadly force, then you're screwed.  Can't stand in the living room and use deadly force.  But you don't have to jump out the window of that room you escaped to or use another door to escape your home either.

Flapp_Jackson

Re: Intruder shot & killed in Ewa
« Reply #54 on: October 08, 2019, 09:40:23 AM »
Not from their home, but within the dwelling.  That's how I'm interpreting it.  I could be mistaken.  So if guy breaks down the door, and the state proves that you could have escaped to another room in your home before using deadly force, then you're screwed.  Can't stand in the living room and use deadly force.  But you don't have to jump out the window of that room you escaped to or use another door to escape your home either.

Running to another room in the house is not "escaping".

It's hiding -- and hoping the intruder(s) is/are not going to enter that room, forcibly if necessary.



"How can you diagnose someone with an obsessive-compulsive disorder
and then act as though I had some choice about barging in?"
-- Melvin Udall

zippz

Re: Intruder shot & killed in Ewa
« Reply #55 on: October 08, 2019, 10:27:02 AM »
Not from their home, but within the dwelling.  That's how I'm interpreting it.  I could be mistaken.  So if guy breaks down the door, and the state proves that you could have escaped to another room in your home before using deadly force, then you're screwed.  Can't stand in the living room and use deadly force.  But you don't have to jump out the window of that room you escaped to or use another door to escape your home either.

It's just the whole house.  Don't have to retreat to another room.  Though tactically if it's more advantageous then do it.
Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

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ren

Re: Intruder shot & killed in Ewa
« Reply #56 on: October 08, 2019, 11:08:07 AM »
Not from their home, but within the dwelling.  That's how I'm interpreting it.  I could be mistaken.  So if guy breaks down the door, and the state proves that you could have escaped to another room in your home before using deadly force, then you're screwed.  Can't stand in the living room and use deadly force.  But you don't have to jump out the window of that room you escaped to or use another door to escape your home either.

so let me get this straight. A stranger in YOUR house and you must retreat from YOUR house. OK. Got it. So a criminal > law abiding citizen.
Homeowners unite. We in distress. Flag flown upside down. Truck cruise. Block intersections.
Deeds Not Words

eyeeatingfish

Re: Intruder shot & killed in Ewa
« Reply #57 on: October 08, 2019, 09:03:35 PM »
Im no lawyer so i could be wrong, but it says "retreat from dwelling" which means leave the home. Not retreat to a different room. So you still have to change rooms if possible.

But its all about why and how u articulate why you didnt retreat to another room. No time, sore leg, backed into something that prevented it, etc...hard to prove without video.

My previous apt was a studio so no where to retreat to, compared to a home.

Sent from my SM-G950U using Tapatalk

Yup, how would they know you didn't attempt retreat first?

zippz

Re: Intruder shot & killed in Ewa
« Reply #58 on: October 09, 2019, 03:40:50 PM »
HNN reported the guys name as Steven Suster.Appears to have lived here for a long time and no criminal history.  Not what I expected

Star Advertiser also reported the knife was in his hand.

Parents lives in the area.

Wonder if it's somekind of neighborhood quarrel

Join the Hawaii Firearms Coalition at www.hifico.org.  Hawaii's new non-profit gun rights organization focused on lobbying and grassroots activism.

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drck1000

Re: Intruder shot & killed in Ewa
« Reply #59 on: October 09, 2019, 03:57:03 PM »
Quote
UPDATE 10/9:

Authorities have revealed the identity of the man shot and killed in Ewa Beach on Friday.

According to Police, 37-year-old Steven Suster was shot by a homeowner when he was on his property with a knife.

The 54-year-old man was arrested but later released. The case has been classified as a homicide.

 

--
 
According to Honolulu Police they are investigating the incident that took place on Friday on a property around 9 p.m. that left one man dead.
 
Those in the Ewa Beach community tell KITV4 that the family living at the home where the incident took place have only been there for a few years.
 
According to neighbors, the family who lives there normally keep to themselves. Some even heard the sound of gunshots on Friday night.
 
"I was collecting the trash because it was trash day the next day then I heard a pop pop and right away in my mind I thought 'that's a gun.' I made sure my family was alright because I knew I heard it from right outside the gates of our property," neighbor John Bermuda said.
 
That neighbor says he was thinking about getting security cameras before the incident occurred, now he says he is going to get them as soon as possible.

Then in the comments:

Quote
Nohea • 2 hours ago
The neighbors must not be happy, their next-door neighbor was released, with very few details as to why he chose to shoot the man in his yard.

The guy with the gun MUST be the bad guy, right?   ???

ETA: gun

Nothing gets past the keen eye behind the monitor. . .  :rofl:
« Last Edit: October 09, 2019, 04:03:16 PM by drck1000 »