As reported by TFS Magnum (via Uncle) we are informed that a burglar had his lawsuit against the homeowner who shot him thrown out with these words from the judge:
“There is no doubt that the jury would find for the defendant,” Judge James Welker wrote in his memorandum decision. “In fact, it is likely that the jury would prefer the option of throwing the plaintiff down the steps of the courthouse.”
TFS concludes this is why we need Castle Doctrine laws but investigating further I respectfully disagree in this case. The homeowner used a gun that had the number “.380” on the side. A better result would likely have been reported had the number started with “.4” or “12”.
The defendant is lucky. If he had been in the military he might have been court martialed for “failing to use a weapon of sufficient caliber” like this guy:
Retired Green Beret Gets Court Martial After Shooting Intruder
Yes. I remember that case.