Quote from: stevenh512 on January 15, 2015, 10:59:13 PM

Quote from: thresher on January 15, 2015, 12:11:38 PM

What are you going to do when someone comes into your home, ties you up and attempts to kill you? When you escape do you think you are jsut going to waltz out of the apartment?

In this particular instance? That's exactly what I'd do. If he could break free of his restraints, make it to the kitchen, grab a hammer and come back to kill his attacker without getting shot then he obviously wasn't in as much danger as you think he was in. He would have been better off leaving the apartment and calling the police, holding someone at gunpoint is a serious enough crime that he'd probably be safe for at least several years.

I'm all for self defense, I keep a gun, a crossbow and several knives and swords where I can reach them if I ever need them and I wouldn't hesitate to use them against an armed attacker if I thought it was the only way to save my own life. That being said, if I can safely get away from my attacker (which was clearly the case here) I have absolutely no right to come back and kill him later.

Quote from: pawel7777 on January 15, 2015, 12:48:52 PM

Yes, but they still intend to charge him of murder, not manslaughter.

As they should. He clearly could have (and in fact, did) gotten away from his attacker safely and he made the conscious decision, instead of running away and calling the police, to grab a weapon and come back and use that weapon. How anyone can argue that it was self defense or even voluntary or involuntary manslaughter is beyond me, it's clearly premeditated murder.

Indeed this story is quite odd. If the man had time to get away(which also makes no sense since he claims he was tied up), then he would definitely have time to run out of the door and find safety, instead of finding a hammer and killing the guy. It all sounds like it was premeditated.