Lethal force not always justified against intruder [Barf Alert]

A Schenectady man says it was self defense when he shot at two men who invaded his home. One of the intruders was killed, the other was injured.

Local attorney Paul Der Ohannesian says the only time you can use deadly physical force on someone who has invaded your home is if the intruder gives you solid reason to believe that they are going to hurt you.

“Just because someone walks into your house doesn't mean you can blast them away,” Der Ohannesian said.

What a moron.

The attorney says many people think if someone invades or breaks into your home you automatically have the right to attack them. But he says according to the law the only time a homeowner can physically assault and kill an intruder is if there is reasonable belief that the intruder is going to cause harm first.

Stay out of Texas, ya loon.

“Clearly when someone comes in with a weapon or gun, that's a lot more reasonable to believe that deadly physical force is going to be used than if someone yells some words that threatens someone,” Der Ohannesian added.

Last Friday a Schenectady family says two men invaded their home on Division Street. The Schulenburg family says the men had guns and fired the first shots.

“I told him to drop the gun. I offered for him to drop the gun and walk out clear and clean. I gave him a warning shot and he still shot back at me, that's when I decided to pull the trigger and take his life,” Ralph Schulenburg Jr. said Sunday.

The man who died was Aaron Peavy. The other intruder was Charles Little. Police say he was shot in the hand and have charged him with two counts of burglary.

Der Ohannesian says if the Schulenburgs’ claims are true, then that would be a clear case of self defense.

But it takes a lengthy investigation to weed out the family's claims of what happened against the intruders claims. Most of these cases go to a grand jury.

“We're looking at things, not only statements of witnesses, but the forensic evidence of the home, weapons involved and the bullet holes and the fire arms and ballistic evidence. And all that has to be looked at,” Schenectady County District Attorney Robert Carney said.

The district attorney says it's too early to say if this case will go to a grand jury. He says so far the family has not been charged with a crime.

Again, I love Texas.