Complete info on Hyde County alleged waterfowl assault

Crappie_Hunter

Twelve Pointer
Contributor
Most self defense experts will tell you to put space between you and your attacker... but they don't call that retreating, that's just step 1. :cool:
 

JONOV

Old Mossy Horns
While on public land hunting, if a person is subject to the kinds of actions perpetrated by Umphlett is that person obligated to retreat or can they use measures to defend themselves? Not sure how the "NC Castle Doctrine" applies.
Retreat when your boat is rammed?
 

Hydemarsh

Six Pointer
Gemtlemen, when I used the term "obligated to retreat" I was using what I thought was the correct legal term. Sometimes the law is not what you think it is. It is important to understand so you can evaluate the consequences of your actions. Anyway I googled the NC law that deals with this and here is what I found:

Here is a quick comparison of how North Carolina measures up to Florida when it comes to Castle Doctrine protections.


  • Duty to retreat– In Florida a person who is attacked has a right to meet force with force, whether they are attacked in their home or a public place. In North Carolina you have a right to use force in the case of an attack or intrusion into your home, but there a duty to retreat if the attack occurs outside of your home like in a car or in public.

  • Presumption of intent to commit a felony or violence and fear of death or serious injury– In Florida there is a legal presumption that an intruder or attacker entering a home has the intent to commit a felony and that the victim has a reasonable fear of death or injury. In North Carolina, occupants must prove that they had a reason to believe the intruder planned to commit a felony and that they feared that the intruder was going to harm them physically.

  • Immunity from criminal prosecution and civil liability – If a question about whether force used was justifiable arises in Florida, the burden is on the state to prove that force was excessive. In North Carolina the victim of a crime must prove that the force they used was justified.

With this info I "believe" you would have been justified in any action you take but it seems the burden of proof is on you.
 

cuppednlocked

Ten Pointer
I suggest everyone look up the information about this themselves.

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_14.pdf

Here are some important notes:
(d) A person who unlawfully and by force enters or attempts to enter a person's home, motor vehicle, or workplace is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

§ 14-51.3. Use of force in defense of person; relief from criminal or civil liability.
(a) A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
(2) Under the circumstances permitted pursuant to G.S. 14-51.2.
 

shaggy

Old Mossy Horns
That mental evaluation is going to take a team of shrinks and a lot of time if they want to figure out what goes on in his head.

Hopefully he will lose his right to gun ownership. He has the potential to be one of those people where the red flags were seen and ignored.
 

TravisLH

Old Mossy Horns
It was a plea agreement, which means the prosecuting (victim's) side had to agree on the outcome too.
I'm sorry, but if he had pulled that crap on me we would have gone to trial.

Man man it wouldn’t go to trial, it would be ruled a good shoot in self defense, and daddy’s money would be going to getting him the luxury casket.


Sent from my iPhone using Tapatalk
 

GSOHunter

Twelve Pointer
Contributor
Hopefully he will lose his right to gun ownership. He has the potential to be one of those people where the red flags were seen and ignored.
Nope they didn't get him on a felony or a misdemeanor that had more than a year in jail.
 

Moose

Administrator
Staff member
Contributor
Hopefully he will lose his right to gun ownership. He has the potential to be one of those people where the red flags were seen and ignored.
If anyone thinks on the mental health side he'll lose his rights think again. His evaluation can show he is bat crap crazy but unless he is committed by a court to a hospital he'll be still able to buy and own guns. Few mentally I'll people are hard from owning guns.
 
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