Maryland Man Shoots Home Intruder: Charged With Murder

[Paslode]

Someone invades your home and you are supposed to call 911 prior to engaging the perp.........

Gimme a break!

The state has charged Matthew Pinkerton with 2nd Degree Murder. Their sole basis for this charge is that he should have called 911. There is no nationwide average response time for a 911 call, however unless they are faster than 1,310 ft/s, there really is no point in calling 911 in the case of a hostile home invasion. While the Assistant State’s Attorney, Glen Neubauer, maintains that he should have called 911, and that even the act of grabbing the gun in the first place is “bizarre behavior in itself,” Pinkerton’s lawyer, Peter O’Neill, said it best when he acknowledged that, “By the time 911 is called, he’s dead.”

http://www.capitalgazette.com/news/for_the_record/attorney-glen-burnie-shooting-was-self-defense/article_36bb4d67-b713-5b22-b6c5-d9e2b1d1016d.html

http://misguidedchildren.com/justice/2013/11/maryland-man-shoots-home-intruder-charged-with-murder

[Spiffav8]

Yeah I read that a few days ago. From the info I've seen, it's a total crock of shit and a waste of money to even have the guy in court. Give the guy his gun back and drop the charges.

[MR2]

I will call 911 after and when the responding officer questions me, I will state "I was in fear for my and my family's life. I want the invader arrested. I will answer further questions after I've spoken to legal counsel."

When the prosecution calls the uniformed officer to the stand and asks if I said anything, it will be important to the jury that a uniformed officer states that I was in fear for my life and I wanted the invader arrested. Key words are used to set tone and frame of mind to a jury. Stating the arrested part sets in the mind that the invader is the criminal and not you.

[Remington Raidr]

as a former 911 calltaker, ALWAYS dial 911, IF you have time. You don't have to say anything to the operator, but your warnings that you are armed and that the subject should get out will be recorded and will assist you in avoiding criminal and civil liability for shooting someone. It's not about being a wuss, it's about covering your ass when the flag goes up. Don't be brave but stupid. God bless and I hope you are never in this situation. Really.

[Pete]

I know where all the guns are in my house - I don't know where most of the phones are.

The wife and kids drop those mobile phones where ever they last used them - usually in the cracks of the sofa cushions.

The only fixed phone is the one in my office.

[albeham]

So I guess I am a strange person to answer the door with a gun after 8pm.

The DA is a shit head....


Please please let me be called for Jury duty on this one...please !!!
watching

[FlagDayNCO]

A clear example of the Prosecutor wanting to send the message to the general public that a legally armed civilian is unacceptable. Think Boston, think New York City, think New Jersey.

[ddoering]

I agree. Can't legistate guns away make them a hassle to onwn/use. Or tax them to death.....

[Tree Potato]

The average 911 response times in Montgomery CO, MD, where I used to live are just under 7 min: http://www6.montgomerycountymd.gov/content/council/pdf/agenda/cm/2012/120119/20120119_PS3.pdf

Of course those are average times. My apartment was a 3 min drive to the police station, including stopping for a light and a couple stops signs (0.4 miles), yet when I called 911 it was 45 min after the first call and 20 minutes after a second call before cops showed up. And that was after telling the 911 dispatcher I was holding an intruder at gunpoint.

But hey, it's not like anything big could happen in just 6 minutes; people just need to calm down and wait for the cops. :rolleyes:

[scooter]

Here are some fun excerpts from the article:

A Glen Burnie man acted in self-defense when he shot and killed another man he suspected of having an affair with his wife, his attorney said Monday....Pinkerton, who is in the Air Force, suspected his wife was having an affair last year while he was on a work assignment in Korea, police said. Pinkerton returned early from his Korea assignment and, upon entering his residence, found Green there with his wife, police said. O’Neill described the relationship between Jessica Pinkerton and Green as a “friendship.” When Jessica Pinkerton tried to end the relationship, Green continued to pursue it, O’Neill said. Green and Matthew Pinkerton had at least one previous altercation, O’Neill said.

Not exactly cut and dry, I can see why a grand jury may have thought it worth going to trial over suspicions. The DA does sound like an ass, but the description of events is largely from the man being charged. Might be more here.

[FlagDayNCO]

This sounds like it was planned to catch them together. Goes right into the path to premeditated.

As much as I want to argue for self defense, this case may be an example of wrong headlines. Perhaps the Editor wants to add this as an example of why the Common Citizen should not own a firearm.

[BingoBango]

Here are some fun excerpts from the article:

A Glen Burnie man acted in self-defense when he shot and killed another man he suspected of having an affair with his wife, his attorney said Monday....Pinkerton, who is in the Air Force, suspected his wife was having an affair last year while he was on a work assignment in Korea, police said. Pinkerton returned early from his Korea assignment and, upon entering his residence, found Green there with his wife, police said. O’Neill described the relationship between Jessica Pinkerton and Green as a “friendship.” When Jessica Pinkerton tried to end the relationship, Green continued to pursue it, O’Neill said. Green and Matthew Pinkerton had at least one previous altercation, O’Neill said.

Not exactly cut and dry, I can see why a grand jury may have thought it worth going to trial over suspicions. The DA does sound like an ass, but the description of events is largely from the man being charged. Might be more here.

But that doesn't elicit near the emotion of the story which is contorted up to make one believe that "guy breaks into home, homeowner shoots to defend himself, homeowner is charged with Man 2." There's a love triangle here and a lot more to the story than just a B&E and a self defense shooting.

And remember, its take a Grand Jury indictment for the State to follow through with charges, so the jury of his peers believed there was more to the incident as well.

[cat in the hat]

as a former 911 calltaker, ALWAYS dial 911, IF you have time. You don't have to say anything to the operator, but your warnings that you are armed and that the subject should get out will be recorded and will assist you in avoiding criminal and civil liability for shooting someone. It's not about being a wuss, it's about covering your ass when the flag goes up. Don't be brave but stupid. God bless and I hope you are never in this situation. Really.

your COA also provides a prosecutor with ammunition to use against you. Prosecutors can interpret anything said or any sound to use against you in a trial.

when the police arrive, a home owner standing over a body should provide ONLY the simple facts of the case (that person broke in to my house, threatened me and my family, I killed that person) and then ask for legal representation.

DO NOT provide any details to any police at the scene until you have spoken to your attorney. (i.e., anything you say can AND WILL be used against you)

[Remington Raidr]

your COA also provides a prosecutor with ammunition to use against you. Prosecutors can interpret anything said or any sound to use against you in a trial.

when the police arrive, a home owner standing over a body should provide ONLY the simple facts of the case (that person broke in to my house, threatened me and my family, I killed that person) and then ask for legal representation.

DO NOT provide any details to any police at the scene until you have spoken to your attorney. (i.e., anything you say can AND WILL be used against you)

Disagree on #1 and agree on #2 and #3. Invoking your right to remain silent cannot be introduced against you at trial, although it is hinted at strongly by many interrogators.

You have too much faith in prosecutors. Sure they can put spin on it, but a contemporaneous recording of the event by the 911 system is not a "statement", but an audio record of the actual incident. What the JURY decides is important, not the prosecutor. My take on this comes from an actual incident, where a guy woke up and some dude was low-crawling through the bedroom window. Guy calls 911 and is on the phone when he warns the dude he is armed with a large handgun and will shoot him. Dude kept crawling in. BOOM! .44 goes in at the collarbone of the proned-out invader, goes through the torso down a leg and blows out a heel. Scene close to regional trauma so dude survives. The rest of the story is dude has lived in neighborhood his entire life, actually lived three doors down, drunk out of his skull so when key doesn't work in the door of the wrong, but architecturally same house, he decides to do what he has done for years and crawl into "his" bedroom window. He was so drunk he didn't hear the homeowner screaming at him. The People decline to issue any charge based on the facts. Dude is SERIOUSLY messed up for life, so he sues the homeowner in civil court. RESULT: Not one red cent, and that in large part, turned on the 911 recording where you can hear the insured warning him he is armed and to get out or he will be shot. Note well, this was not a claim made to the police after the fact, this was the actual recording.

[alelks]

I will call 911 after and when the responding officer questions me, I will state "I was in fear for my and my family's life. I want the invader arrested. I will answer further questions after I've spoken to legal counsel."

When the prosecution calls the uniformed officer to the stand and asks if I said anything, it will be important to the jury that a uniformed officer states that I was in fear for my life and I wanted the invader arrested. Key words are used to set tone and frame of mind to a jury. Stating the arrested part sets in the mind that the invader is the criminal and not you.

And that is the correct and only response anyone should give. :)

[Hambone933]

Any male subject that has a family and doesn't have a gun to protect them is not a man. There are not enough police/law enforcement officers in this country to protect it's citizens 24/7. Home protection is the sole job of the man of the home. Some law enforcement officers would rather wait to allow the situation to correct itself before responding. Double tap once, twice if necessary, then dial 911.

Hambone

[Team Sergeant]

Any male subject that has a family and doesn't have a gun to protect them is not a man. There are not enough police/law enforcement officers in this country to protect it's citizens 24/7. Home protection is the sole job of the man of the home. Some law enforcement officers would rather wait to allow the situation to correct itself before responding. Double tap once, twice if necessary, then dial 911.

Hambone

I disagree. As naïve as they may be and long as they stand by their convictions, I have a lot of respect for those that do not want to harm someone by using a gun.

[Hambone933]

Quote:
Originally Posted by Hambone933
Any male subject that has a family and doesn't have a gun to protect them is not a man. There are not enough police/law enforcement officers in this country to protect it's citizens 24/7. Home protection is the sole job of the man of the home. Some law enforcement officers would rather wait to allow the situation to correct itself before responding. Double tap once, twice if necessary, then dial 911.

Hambone
I disagree. As naïve as they may be and long as they stand by their convictions, I have a lot of respect for those that do not want to harm someone by using a gun.

TS, what do you suggest you use if he doesn't use a gun?

[The Reaper]

Quote:
Originally Posted by Hambone933
Any male subject that has a family and doesn't have a gun to protect them is not a man. There are not enough police/law enforcement officers in this country to protect it's citizens 24/7. Home protection is the sole job of the man of the home. Some law enforcement officers would rather wait to allow the situation to correct itself before responding. Double tap once, twice if necessary, then dial 911.

Hambone
I disagree. As naïve as they may be and long as they stand by their convictions, I have a lot of respect for those that do not want to harm someone by using a gun.

TS, what do you suggest you use if he doesn't use a gun?

Harsh langauage, followed by begging.

I guess prayer, as a last resort.

TR

[cat in the hat]

Asked a lawyer friend of mine on this, he said that you will be taken into custody either way, and that thus all you should say is your name, that this is your home, and that you would like to wait for your attorney before you make any statements.

your lawyer friend is wrong. whether or not you are taken in to custody (or charged for a crime) is dependent on where you live and local laws and ordinances as well as local views on gun ownership and self defense. for example, Colorado has the castle doctrine that gives the benefit of the doubt to the homeowner but in other areas there are policies that require the police to take you in to custody.

as far as telling the police that I was "afraid/scared" for my life and that of my family, i prefer the phrase "i felt threatened" it takes the emotion out of the statement.
Broadsword 2004 makes a good point, it is likely better to state "i shot the intruder" as that is a statement of fact. leave emotion, opinion and speculation out of any statements made to the Police. Police are human and can make mistakes like anybody else. if you give them every possible detail, they may write something down wrong or you may remember another detail later.

I have nothing against law enforcement. they have a difficult and unappreciated job. they usually deal with people at their worst; either just apprehended/caught breaking a law, domestic disturbance or just victimized and other examples of people not at their best. in my few dealings with police, i have always made it a point to be polite and it has almost always been appreciated.

[Hambone933]

Reaper, I concur, just don't see how it's gonna stop a thug in your house.

[pcfixer]

I guess prayer, as a last resort.

TR

Along with a couple guns, I have several knives for self defense. Not as skilled
at hand to hand as many here. When fight or flight kicks in not sure what I'd do.

Prayer does work.

Asked a lawyer friend of mine on this, he said that you will be taken into custody either way, and that thus all you should say is your name, that this is your home, and that you would like to wait for your attorney before you make any statements.

Best advice as I see it.

[The Reaper]

Reaper, I concur, just don't see how it's gonna stop a thug in your house.

It isn't, barring divine intervention, or a good guy showing up with a gun.

On another matter that was mentioned, I find this advice on what to say to the police to be exceptionally good.

http://www.youtube.com/watch?v=6wXkI4t7nuc&feature=youtu.be

TR

[mojaveman]

Some law enforcement officers would rather wait to allow the situation to correct itself before responding.

Yep. ;)