Self defense with a sword

[L.Jane]

Did any of you hear about this? A college student killed an intruder with his samurai sword.

http://www.baltimoresun.com/news/mar...0,114199.story

[ladymoreta]

Pontolillo, 20, of Wall, N.J., whose identity was confirmed by law enforcement sources, was released late Tuesday afternoon. Guglielmi said it would be up to the state's attorney's office to determine whether he will be charged in the incident.

Seriously, some guy breaks into your house not once but twice, and all you have to defend yourself with is a Kill Bill replica samurai sword, so you use it, and there's any question whether or not you will be charged??? Man, I'm glad I'm from Oklahoma!...

So, for debate purposes... I feel like if someone forcefully enters my home, the safest assumption is that my life is in danger, and I will do everything in my power to protect myself, my loved ones, and my property. I would hope that I could stop the intruder through non-lethal means, but I'm not going to put myself in more danger trying to be "gentle" with them either.

[PrincessFiona]

I can't imagine the circumstance where he is charged. I'd love to hear our legal eagles chime in on this one. It is a gruesome way to defend yourself, but I agree that if someone has broken into your home you have to defend yourself any way possible.


Kris

That poor boy.
Can you imagine having your house broken into once... that will shake you up enough, but to hear noises a few hours later and the perpetrator returns to the scene for more? I would do absolutely ANYTHING in my power to defend myself.

At that point, you are definitely feeling as though your life is being threatened.

Your home is supposed to be your safe zone, someone entering and threatening that safe zone should consider him/herself very UNSAFE.

[scrub-jay]

I say kudos to him. I feel that he should have a right to keep his home "safe". Honestly, using a sword hadn't occured to me. But that method (art) of self defense has been around much longer than the modern firearm. I don't think he should be charged, just because he used a more antiquated <sp?> form of self defense. Made for an exceptional media story...unfortunately.

[NYCHoosier]

Re: Self defense with a sword

Different states have different versions of Castle Doctrine. Some states grant homeowners/renters full right to defend their property from intruders using lethal means.
Some have certain requirements in terms of giving the intruder warning. I think some don't have castle doctrine at all.

From wiki, it seems like MD is a little murky, but I imagine our legal eagles will have more insight:

Maryland See Maryland self-defense (Case-law, not statute, incorporates the commonlaw castle-doctrine into Maryland self-defense law. Invitees or guests may have duty to retreat based on mixed case law.)

On my way to Bmore right now; I'm sure my uncle-in-law will have opinions on this.

[NYCHoosier]

Re: Self defense with a sword

As for my opinion, I'm generally in favor of Castle Doctrine, certainly in this case.
However, as with any legislation, you have to consider the potential unintended consequences. Like, what if an elderly person with demensia accidentally wanders into a neighborhood and the homeowner shoots and kills him, not taking time to asess the situation or warm him?
When you're in your home and have an intruder, it's logical to assume that you are in danger. I just am a little uneasy with civilians legally killing potentially harmless people. Does that make sense?

[Thirteen]

Seriously, some guy breaks into your house not once but twice, and all you have to defend yourself with is a Kill Bill replica samurai sword, so you use it, and there's any question whether or not you will be charged??? Man, I'm glad I'm from Oklahoma!...

Laurie, my thoughts were the same thing. He he he...

[GrayMatterWife]

Dude! WTHeck?!?! And I thought the whole "bringing guns to a political rally" was weird. Who brings a sword to college?