I will kill him Graveyard Dead - she said!!

dhollis51 wrote:10 minutes to respond to the house? either she lived in BFE or the Law Enforcement was lost.

Woman shoots and kills intruder in Lincoln County

CUSHING — A woman with a shotgun was on the phone to a 911 dispatcher this morning in Lincoln County when she shot and killed an intruder who crashed through her back patio door.

This is a 2005 mug shot of Billy Dean Riley, 53, who was shot early Friday morning by a homeowner in Lincoln County. Photo provided

Dec 4A Lincoln County woman shot and killed a man who attempted to enter...

Donna Jackson, 56, told the dispatcher a man she didn't know was at her sliding glass door to her back patio about 12:40 a.m. at 352112 E 800 Road south of the Cushing city limits, said Lincoln County Sheriff Chuck Mangion.

She was armed with a 16-gauge shotgun when the dispatcher heard the glass door smash and the shotgun blast, Mangion said.

A man identified as Billy Dean Riley, 53, was struck once in the chest and pronounced dead when emergency medical workers arrived, Mangion said.

Jackson was not harmed.

Jackson was home alone when her dog woke her up, Mangion said. She turned all the lights in the house on and then armed herself with the shotgun. Her husband was not home, Mangion said.

She went into her kitchen and saw a man trying to break in. The man saw her and screamed threats at her, Mangion said. She told him she was armed and on the phone with police, he said.

The man picked up a patio table and threw it through the patio door, Mangion said. He stepped into the kitchen and that is when she fired the fatal blast, striking him in the center of the chest, he said.

Deputies arrived and found the man lying on the back porch.

Jackson did not know the man, Mangion said.

dhollis51 wrote:10 minutes to respond to the house? either she lived in BFE or the Law Enforcement was lost. I hope me or my family never has to go through this

bensand26 wrote:what is the ms law or laws pertaining to a situation of this nature? and good job lady. you defended yourself against the threat at hand.
hope your alright.

i just want something more specific that the generalizations i hear most of the time.

§ 97-3-15. Homicide; justifiable homicide; use of defensive force; duty to retreat.

(1) The killing of a human being by the act, procurement or omission of another shall be justifiable in the following cases:

(e) When committed by any person in resisting any attempt unlawfully to kill such person or to commit any felony upon him, or upon or in any dwelling, in any occupied vehicle, in any place of business, in any place of employment or in the immediate premises thereof in which such person shall be;
(f) When committed in the lawful defense of one's own person or any other human being, where there shall be reasonable ground to apprehend a design to commit a felony or to do some great personal injury, and there shall be imminent danger of such design being accomplished;

(2)

(c) As used in subsections (1)(e) and (3) of this section, "dwelling" means a building or conveyance of any kind that has a roof over it, whether the building or conveyance is temporary or permanent, mobile or immobile, including a tent, that is designed to be occupied by people lodging therein at night, including any attached porch;

(3) A person who uses defensive force shall be presumed to have reasonably feared imminent death or great bodily harm, or the commission of a felony upon him or another or upon his dwelling, or against a vehicle which he was occupying, or against his business or place of employment or the immediate premises of such business or place of employment, if the person against whom the defensive force was used, was in the process of unlawfully and forcibly entering, or had unlawfully and forcibly entered, a dwelling, occupied vehicle, business, place of employment or the immediate premises thereof or if that person had unlawfully removed or was attempting to unlawfully remove another against the other person's will from that dwelling, occupied vehicle, business, place of employment or the immediate premises thereof and the person who used defensive force knew or had reason to believe that the forcible entry or unlawful and forcible act was occurring or had occurred. This presumption shall not apply if the person against whom defensive force was used has a right to be in or is a lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or is the lawful resident or owner of the dwelling, vehicle, business, place of employment or the immediate premises thereof or if the person who uses defensive force is engaged in unlawful activity or if the person is a law enforcement officer engaged in the performance of his official duties;

(4) A person who is not the initial aggressor and is not engaged in unlawful activity shall have no duty to retreat before using deadly force under subsection (1) (e) or (f) of this section if the person is in a place where the person has a right to be, and no finder of fact shall be permitted to consider the person's failure to retreat as evidence that the person's use of force was unnecessary, excessive or unreasonable.

(5) (a) The presumptions contained in subsection (3) of this section shall apply in civil cases in which self-defense or defense of another is claimed as a defense.

(b) The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant acted in accordance with subsection (1) (e) or (f) of this section. A defendant who has previously been adjudicated "not guilty" of any crime by reason of subsection (1) (e) or (f) of this section shall be immune from any civil action for damages arising from same conduct.