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Originally Posted by Tribesman
What could a newly widowed teenage mom with a new infant ever be doing out on a workday as that would only be done by......
some non any or all?
pick the two possibly correct answers and remove the two definately incorrect answers and try again.
Follow the source.... it was the middle of the day on new years eve.
That means you are making an assumption about an assumption that is made by you on your faulty interpretatation of information
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Ah, poor writing. Eve means evening, or did when I took writing and grammar. Regardless, it's a holiday when any burglar would expect the victims to be home regardless of the time of day, NOT a work day (M-F, 8-6, say). When anyone I know wants to make plans to meet on New Year's Eve DAY, they always add the "day" because if they invite me over for a beer "new year's eve" I'll come, you know, in the evening.
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Agreed, but tater wasn't satisfied with that and felt the need to ratchet up the rhetoric to sentationalise it.
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No, it was a home invasion. When perps case the place (they did), and intentionally attack when the people are home (any weekend day, or any night (assuming they are not otherwise aware that the victims all work nights or weekends)), there is the presumption (a good one) that they mean harm to the homeowner/resident. If they meant no harm, and wanted goods, they come during the work week. You will find that burglary stats back this up. Most (the vast majority) US burglaries happen during the regular work week and work hours. They also last a surprisingly short period of time. Break in, and leave within a handful of minutes.
Coming when you expect people to be home is a de facto presumption of intent to harm. US law in most states agree, which is why she's not at all charged.
That's the point of allowing this kind of self-defense in the home by law. The ;law in fact makes it clear that the perp has no standing to even claim he had no intent to harm, his presence inside a home without permission is proof of violent intent, and explicit permission for the resident to use deadly force.
So I am sensationalizing nothing. As I said above, rape was the least she should expect given armed intruders who knew she was home. I said "least" because rape doesn't require that they take her life, and there would be little reason for violence that would not take her life (if they'd be willing to assault her for no reason, then why not rape her?). NOte that that doesn't mean there is any certainty they would have, but she had no choice but to assume that this was the case. Failure to make this assumption is a very bad bet.
She did everyone a favor, they should give her an award.