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You kids stay off my lawn!Follow

#1 Mar 21 2006 at 11:37 AM Rating: Excellent
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The Gun-Hating, Liberal Associated Press wrote:
BATAVIA, Ohio (AP) -- A man who neighbors say was devoted to his meticulously kept lawn was charged with murder in the shooting of a 15-year-old boy who apparently walked across his yard.

Charles Martin called 911 on Sunday afternoon, saying calmly: "I just killed a kid."

Police, who released the call's contents, said Martin also told the dispatcher: "I've been harassed by him and his parents for five years. Today just blew it up."

Larry Mugrage, whose family lived next door, was shot in the chest with a shotgun. The high school freshman was pronounced dead at a hospital.
[...]
Neighbors said Martin lived alone quietly, often sitting in front of his one-story home with its neat lawn, well-trimmed shrubbery and flag pole with U.S. and Navy flags flying.

Joanne Ritchie, 46, said Mugrage was known as "a good kid." She said she always also considered Martin to be friendly.
I always pictured myself waving a cane but I imagine a shotgun would work as well.
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#2 Mar 21 2006 at 11:40 AM Rating: Good
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that'll teach you youngins to listen to the crazy old man from now on
#3 Mar 21 2006 at 11:47 AM Rating: Good
Playing that confounded "rap" music on your fancy record players. Get your nose out that 5 & Dime Comic book and go Vulcanize my tires!
#4 Mar 21 2006 at 12:05 PM Rating: Good
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Reminds me of a guy I know who had a problem with Snowmobilers cutting through his property. Even after talks with local snowmobile association, putting up signs and yelling at trespassers nothing happened.

So he made a snowbank blocking there trail through his property. Which they gladly just drove over. On the other side though was some good ole vietcong trap which completely fubarred any treads that went over it.

A couple people complained but in the end the judge said something along the lines "If you werent trespassing nothing would have happened".


Not shooting anyone in the chest with a gun but still very hilarious.
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#5 Mar 21 2006 at 12:10 PM Rating: Default
Hahahahahahahaha kid deserved it. I had an old guy like that next door to me only he used salt rock instead of shells, which is both painful and itchy... so very itchy.
#6 Mar 21 2006 at 1:38 PM Rating: Good
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Subrosia wrote:
Hahahahahahahaha kid deserved it. I had an old guy like that next door to me only he used salt rock instead of shells, which is both painful and itchy... so very itchy.


Smiley: oyveySmiley: disappointed

#7 Mar 21 2006 at 1:47 PM Rating: Good
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I just caught the tail end of this story in the break room at work. The man sounded really flustered on the phone, but at the same he didn't sound upset about it. He kept repeating himself until the 911 dispatcher finally got want she needed out of him. Then I walked out, so I didn't get to hear the rest of it.

I understand why he did it, but the question that comes to my mind is why didn't the old man contact the teens parents? If it was bothering him that bad wouldn't he try to get some kind of restraining order against him?



Edited, Tue Mar 21 13:49:16 2006 by grovers
#8 Mar 21 2006 at 1:57 PM Rating: Excellent
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It sounds like he had been dealing with them for years, and they just didn't take him seriously. I can't say I approve, but if they were trespassing, he may have been within his rights to do so.

What a stupid thing to become a murderer over, much less to die over. Poor kid.
#9 Mar 21 2006 at 2:05 PM Rating: Good
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The Glorious Atomicflea wrote:
It sounds like he had been dealing with them for years, and they just didn't take him seriously. I can't say I approve, but if they were trespassing, he may have been within his rights to do so.

What a stupid thing to become a murderer over, much less to die over. Poor kid.


Common law basically states that a property owner can protect his property with reasonable force. Shooting the teen in the chest isn't reasonable. The man had a right to call the police because of the repeated trespassing or probably even a right to physically shove the teen off his property. Deadly force was not an option in this case unless the teen was using deadly force against him.

Too bad it had to come to this though to show how serious the man was about the teen walking across his lawn. I wonder if he told the parents that he would shoot their son if the son walked across the lawn again? If he did, the man could be up for premeditated murder.
#10 Mar 21 2006 at 2:13 PM Rating: Excellent
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grovers the Irrelevant wrote:
I understand why he did it, but the question that comes to my mind is why didn't the old man contact the teens parents? If it was bothering him that bad wouldn't he try to get some kind of restraining order against him?
The bit I trimmed from the article read:

Martin, 66, allegedly told police he had several times had problems with neighbors walking on his lawn. He remained jailed without bond Monday. His jailers said no attorney was listed for him.
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#11 Mar 21 2006 at 2:22 PM Rating: Good
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gone are the days when a heavy blanket of DDT on your lawn would help keep the kids at bay.
#12 Mar 21 2006 at 2:26 PM Rating: Decent
Ferrish wrote:
gone are the days when a heavy blanket of DDT on your lawn would help keep the kids at bay.


Tell that to Jake The Snake
#13 Mar 21 2006 at 2:26 PM Rating: Good
He should have shot the kid in the leg. Even better, shoot the parents in the leg. That would force them to crawl on his lawn as opposed to walking on it. That should make him happy. Right?
#14 Mar 21 2006 at 2:29 PM Rating: Good
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If the guy had built a fence, been threatened when confronting the youth, repeatedly reported the kid for trespassing or any number of things it might be easier to defend the guy.


However it seems clear that this didn't. That it was just a continuing problem and the guy snapped and killed the kid with no warning. Which kind of makes it hard to defend the guy.
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#15 Mar 21 2006 at 2:35 PM Rating: Excellent
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bodhisattva wrote:
Which kind of makes it hard to defend the guy.
Sh[/Cyan]it, the kid could have been breaking curfew, climbed a 12' fence and have been taking a dump; unless you're a Secret Service sniper on the White House roof, you don't fu[Cyan]cking shoot people for being on your lawn.
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Wow. Regular ol' Joph fan club in here.
#16 Mar 21 2006 at 2:36 PM Rating: Good
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Jophiel wrote:
bodhisattva wrote:
Which kind of makes it hard to defend the guy.
Sh[/Cyan]it, the kid could have been breaking curfew, climbed a 12' fence and have been taking a dump; unless you're a Secret Service sniper on the White House roof, you don't fu[Cyan]cking shoot people
#17 Mar 21 2006 at 2:49 PM Rating: Good
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Let me put it more clearly:

If the issue had been a long standing problem and the guy had taken all possible means to deal with it and the boy and family had gone out of their way to keep trespassing and when told to leave the teen had threatened the guy physically then I'd be like shoot the f'ucker.


However since a vast majority of those preconditions were not met the guy clearly killed the kid with little or no justification and should be thrown into jail for the rest of his natural breathing life.

Edited, Tue Mar 21 14:50:01 2006 by bodhisattva
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#18 Mar 21 2006 at 2:52 PM Rating: Excellent
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Oh sure, if the kid was weilding an axe and rushing across the turf towards the guy, I could say "shoot 'im" but then you're not really shooting him for "being on your lawn".

I disagree with DSD's fixing which implies deadly force is never appropriate. But it sure as hell wasn't appropriate in this instance.
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Belkira wrote:
Wow. Regular ol' Joph fan club in here.
#19 Mar 21 2006 at 2:59 PM Rating: Good
I know in Michigan, you don't have the right to protect your home with deadly force (contrary to popular belief). I would assume it's the same in Ohio.

Now, down south in Florida, they actually just passed a law making it legal for you to shoot someone with just cause if they are invading your home.

That being said, I agree, this was a not a case where deadly force was valid.

#20 Mar 21 2006 at 2:59 PM Rating: Good
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Well certain people are like "it was a continuing problem and it was on his property the kid had it coming" which I disagree with. What I am saying that a)the problem must be continuing b)the man must have done near everything in his power to deal with it peacefully c)the need for self defense must be met.


Not saying the kid had to be wielding an axe and chopping down the guys door. If the kid and family had history of threatening violence and harm when the guy told them to get off his property or if kid was like "if you go to call the police I will f'ucking beat the sh'it out of you and kill your dog" then I would be more inclined to side with the guy who did the shooting.
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#21 Mar 21 2006 at 3:00 PM Rating: Good
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Too bad the days of shooting a gun into the sky to get kids off your lawn are long gone. I guess my "Skyshot Fall-out Catcher" won't be a lock on American Inventor after all.

Edited, Tue Mar 21 15:02:10 2006 by baelnic
#22 Mar 21 2006 at 3:19 PM Rating: Good
Irregardless of circumstance, if this was in Canada, the old man would be getting aquainted with his lifer cell mate rather shortly.
#23 Mar 21 2006 at 3:24 PM Rating: Decent
baelnic the Braindead wrote:
Too bad the days of shooting a gun into the sky to get kids off your lawn are long gone. I guess my "Skyshot Fall-out Catcher" won't be a lock on American Inventor after all.


Don't count your invention out just yet. Shooting into the sky is still around, it is just more of a gentleman's sport now.
#24 Mar 21 2006 at 4:38 PM Rating: Good
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bodhisattva wrote:
Well certain people are like "it was a continuing problem and it was on his property the kid had it coming" which I disagree with. What I am saying that a)the problem must be continuing b)the man must have done near everything in his power to deal with it peacefully c)the need for self defense must be met.


Not saying the kid had to be wielding an axe and chopping down the guys door. If the kid and family had history of threatening violence and harm when the guy told them to get off his property or if kid was like "if you go to call the police I will f'ucking beat the sh'it out of you and kill your dog" then I would be more inclined to side with the guy who did the shooting.

Pretty much what I think. It's a stupid, unnecessary act, but in some places the law may favor him in some way of which I'm unaware, like it does in FL. There are a great many laws that don't seem to make sense, and I'm sure his court-appointed lawyer will avail himself of whichever ones he can. Of course it was idiotic to shoot a child just because you feel he isn't listening to you, but it also stands to reason that this shotgun blast wasn't the first time he'd expressed his stance on the 'folks on my lawn' issue.
#25 Mar 21 2006 at 5:08 PM Rating: Good
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Here in the UK the old geezer would be hailed a hero and excempted from prosecution.

Over here, acceptable defenses for taking a life include:

  • "He looked at me funny"
  • "He called my pint a Lass"

  • and

  • "I sold his regime Chemical Weapons for 12 years but then he wouldn't give me unfettered access to his Oil Fields"
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    #26 Mar 21 2006 at 8:35 PM Rating: Decent
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    Don't know the particulars (no more then's been posted here), but a couple things stick out.

    First off. The kid was 15. While that's still a minor, I think the term "child" is a bit inaccurate since it brings up images of someone much younger and less responsible for his actions.

    Second. We don't know what steps the man took to prevent this kid from walking on his property. We don't know how long it had been going on (except his claim of "several years"). Clearly, this was something he'd had a problem with in the past. What we don't know is how many times he'd spoken to the kid and his parents about it, and what their response was.

    While I agree that shooting someone is a bit harsh, it's quite possible that the law will be on his side in this case, depending on the particulars. One of the key rights in modern western society is the right of property. We can argue over whether someone *should* shoot someone else just for tresspassing, it's not so clear as to whether what he did was actually illegal. Protecting your property does not just mean your house and the contents within it. It means *all* the property, including your lawn and yard. It is just as illegal for someone to walk across your yard as it is for them to walk into your house. The only difference is that in the law, you have to know your on someone elses property to be in the wrong. This is clear if someone has to enter a building, but not always clear when walking across a patch of ground. In this case, if we're to believe that this was an ongoing problem, and if we assume that the man had communicated both that the area was his property and that he didn't want this particular kid to be on it, then the question of whether the kid knew he was violating someone else's property is resolved. He knew it, and knew he wasn't allowed to do it.

    Assuming that's the case, then the man is technically within his rights to react to this exactly as he could if someone illegally and knowingly entered his home. So yeah. He may very well be completely within his rights and the law to have shoot the kid.
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