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January 29, 2012 - Sunday | 2:08 PM, CST
Sorry about the lack of updates lately. It's certainly a bit harder to do now that I don't have a connection at the house. Plus, with my television habits being virtually nil I don't have the access to current events with which to form comments. If the new schedule upsets some readers they are entitled to their money back.
Kelly and I were pleased to attend Nathan and Jessica's recent wedding, and it looks like everything was proper and legal in the eyes of God and the sovereign State of Illinois. I was a little worried at first, however, because on my way in to the courthouse I saw not one... not two... but three coins in the parking lot tails side up. Now, normally I pick up all the tails side up coins because I consider them lucky. My reasoning is that since everyone picks up heads side up coins and considers them lucky, the amount of luck available per coin is greatly diminished because it is spread around and diluted. So tails side up coins must be luckier than their heads side up counterparts because more people ignore them, and there is a greater share of luck on a per coin basis. That being said, I wasn't certain as to the happy couple's superstitious beliefs so I let them lay as they were undisturbed. I did consider making an interruption in the "...let them speak now or forever hold their peace..." part of the ceremony to appraise them of the situation, but the good reverend didn't offer the opportunity. Hopefully everything turned out satisfactory. I was pleased that the good reverend made a reference to wifely submission; Nathan will find out it is best to get these expectations out in the open before the I do's so as to bring all responsibilities out in the open.
I made a potentially catastrophic mistake a few days ago which could have ended in disaster. I'd just finished changing the oil in the Freeloader, and was backing the car down from the ramps when I heard a loud gushing noise through the open window and saw the "Low Oil Pressure" warning flash angrily on the vehicle's information screen. I shut the car off quicker than a liberal runs from the truth and got out to access the situation. It seems that when changing the filter, I didn't tighten it down enough and managed to spray eighty percent of my oil onto the ground in the three seconds the engine was running.
In my defense, while applying the filter I did encounter a level of resistance equal to what one would normally expect when properly tightened. Naturally this means I probably crossthreaded it, but it did go on easily enough so who knows? I found a few bags of sand to spread over the slowly widening puddle of oil in my driveway, and informed Kelly we'd be making a trip to Watseka (in the Bravada, of course) to purchase another oil change's worth of supplies.
This happened to be at around ten in the morning on Wednesday, which was the grand opening date of Value Villiage II. The place was a madhouse, and was packed wall-to-wall with shoppers reminiscient of a Black Friday Christmas shopping spree. One would expect that the entire county had turned out to see the new superstore, but I had my suspicions. You see, this is just like any other SuperDuper-Mart in any other city, except it was populated by familiar-looking people. And that brings me to my suspicions. You see, only about half of the people were familiar-looking; the rest looked somehow.... foreign to the area.
After living in an area for almost three decades it is easy to recognize another member of the community just by the way they look. You all know what I'm talking about. Ever see a picture of a European? How one can instantly tell that despite the similar skin color, there is just something a little different. I believe it is a result of malnutrition resulting from a steady diet of turnips and rat wine available across the pond, but I'd entertain other theories as well. The point is, they were up to something. Kelly was disappointed that I didn't allow much time for exploration, but I wanted to oil up the Freeloader before it turned into a pile of rust unrecognizable from a common Dodge.
She got her chance early this morning, when, after a late dinner and movie we decided to go for one of our usual middle of the night drives. We wound up in Watseka, and decided to take advantage of the twenty-four hour convenience to do our week's shopping. I can report no further discoveries other than that if one wishes to use a shopping cart with absolutely no flaws whatsoever, he must go on opening day because our cart from last night already exhibited the tell-tale squeal of a bad wheel bearing.
In a recent journal regarding guns, and the legality of armed self-defense, Suzanne asks this question:
What about [shooting someone] on your property? What ever happened in Beaverville/Martinton (can't remember town or full story) with the older man who shot the people on his property? Don't want to post details b/c I honestly can't remember the full story so not sure if applies. Maybe a little b/c they were on his property illegally.
I hesitate to offer any sort of legal advice, but I have attended several lectures by the State's Attorney regarding these issues so I may be able to shed some light. Let's start with the Beaverville man. It seems that one night, two otherwise upstanding citizens from Hopkins Park had decided to Occupy A Barn, possibly because the farmer was an evil "one percenter" and they felt justified in spreading the wealth around a little - we'll never know. This particular farmer had had his barn robbed at least once before, and unluckily for them he was being rather vigilant towards unwanted guests. What happened between their arrival and their escape remains uncertain, but the farmer claims he confronted the Occupiers with a shotgun, and because they attempted to run him over (in reverse) with their pickup truck, he fired one shot into the cab, killing the female member of the party and causing the man to flee (uninjured) on foot.
If I recall correctly, the farmer was then brought before a grand jury where the State's Attorney attempted to have him charged with first degree murder. The grand jury refused to indict him for this crime, but they did indict him for a lesser offense, something like second degree murder or manslaughter. The trial was delayed and drawn out, but several years later the farmer was cleared of all charges and found not guilty.
During one of the lectures (after the farmer was found not guilty), the local peasantry was giving the State's Attorney a bit of grief for his "persecution" of the farmer, and he explained his reasoning as follows. It is illegal to shoot and kill a fleeing individual - one is only allowed to shoot in self-defense, but once the threat is gone or has been eliminated it is no longer justified. The pickup truck belonging to the Occupiers was found partially in the roadway (on public property), and some evidence suggested they were attempting to flee rather than to run the farmer down.
Which version of the events is true is rather a moot point, as he was found not guilty by a jury of his peers. In all probablity, I would guess he probably fired at the pickup more out of frustration than anything, and killing one of the Occupiers wasn't specifically intentional. Would that have been illegal? Yes. But I feel, as I imagine most people in the area who heard the story, that frankly if the Occupiers wanted to steal from someone they must take the consequences as a part of doing business.
So to speak.
So what is one to do if confronted by a similar situation? Well, as I mentioned it is only legal to shoot in self-defense if in immediate danger of physical injury. The State's Attorney, during one of his lectures, did state that Illinois law did technically allow for the shooting of anyone committing a felony, but personally I would hold my own fire and allow the courts to settle the matter if not in physical danger. Around this area I feel there is much more leeway with sympathetic juries, but I would prefer a more cut-and-dry case.
Despite rumors to the contrary, the State's Attorney advised that Illinois does have a castle doctrine law. What does this mean? Well, in other states, if one's house is robbed, they are technically required to at first attempt to flee, and only use deadly force when this has proven impossible. How they suggest a homeowner outrun a bullet when outside the safe and familiar confines of their home is an open question, but here we do not have to worry so much. We are allowed to use deadly force if our homes have been entered "in a riotous or felonious maner." Thus, from my understanding, if the front door is kicked in during the middle of the night, it is perfectly legal to shoot. But remember, it is only legal to do so until the threat is eliminated. So, if the home invader has been shot, and is laying injured on the ground, it would be illegal to deliver a "follow-up" shot because he no longer poses a threat. There is no requirement to deliver aid to the wounded home invader, either.
What about Suzanne's question regarding a burglar or other criminal on one's property? If the situation is a cut-and-dry case of self-defense, then personally I feel one would be justified in the eyes of the law. If Suzanne is mugged on her front porch she should be justified in shooting her assailant. If Suzanne looks outside and observes that poor Jeremy is about to be raped and murdered she is justified in going out and defending her husband. Would she be justified in shooting them in the back as they fled? No. Would she be prosecuted for doing so? Probably. Would she be found guilty? Well, maybe. Ultimately the old axiom that "it is better to be judged by twelve than carried by six" holds true. If one's life is at stake it is infinitely better to face the judge than the coroner.
Of course, this is not meant to be construed as legal advice, and one should be thoroughly aware of the laws in one's area and stay abreast of any changes. But, I do believe this is a fairly accurate description of our local guidelines based on my understanding of the lectures I've attended.
Comments:
Name: The Mom
Date: Thursday, Feb 2nd 2012, 9:38 AM
Anyone comes in my house in the middle of the night is gonna be met with a 9mm. Hopefully I dont wake up and holler out.....Matthew/Bryan.....is that you??? LOL
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