ATV rider shot, killed after 2 people run over in NC town; man charged with murder

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What is your thoughts on this
Source - ATV rider shot, killed after 2 people run over in NC town; man charged with murder
CHARLOTTE, N.C. (WBTV) – A person riding a four-wheeler that ran over two people in Burke County early Monday morning was shot and killed, officials say.

The incident happened just before 2 a.m. at a property on Old N.C. 18 in Connelly Springs.

The Burke County Sheriff’s Office says two people were riding a four-wheeler on someone else’s property when the four-wheeler ran over two people.

A third person, later identified as Andrew Smith, reportedly fired “multiple shots” at the four-wheeler, deputies say. A person riding the four-wheeler was shot and died a short time later.

Smith is facing murder charges. He said he was protecting his family.

The State Bureau of Investigation is assisting in the investigation.

The name of the person killed has not been released. The conditions of the others involved were not provided.

Smith is being jailed without bond.
 
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This should never happen at all and is very sad.

1. the rider should not be trespassing.
2. In most states, including NC, you CAN NOT shoot someone for trespassing no matter the issue or how many times you ask them to leave.
3. If the threat is fleeing you can not shoot them.

Its sad day for both sides.

The news does not say.
I would guess the people who were ran over were trying to block the ATV from escaping. At that point, shots were fired and to the back of the ATV rider. Common law should be known you never shoot someone in the back. NC state law says you are allowed to protect yourself from a deadly threat BUT if the threat is fleeing you can not.
Now, had the rider been shot in the front. Well, that's up for debate. Yet still, most likely the people on the ground injected themselves into that situation, therefore the right to defend becomes a thin line of interpretation.

Just my thoughts.
 
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Vikes79

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That’s a tough one. Not a whole lot of information to draw a logic based conclusion without making a bunch of assumptions.

Were they riders trespassing, sounds like it.

Was the person firing with the group of two that were ran over, or was he over 1000 feet away and not in immediate danger? I hate to use this but we don’t know.

Alcohol? I’m sure but we don’t know.
 
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This should never happen at all and is very sad.

1. the rider should not be trespassing.
2. In most states, including NC, you CAN NOT shoot someone for trespassing no matter the issue or how many times you ask them to leave.

Its sad day for both sides.

The news does not say.
I would guess the people who were ran over were trying to block the ATV from escaping. At that point, shots were fired and to the back of the ATV rider. Common law should be known you never shoot someone in the back. NC state law says you are allowed to protect your self from a deadly threat but if the threat is fleeing you can not.
Now, had the rider been shot in the front. Well, that's up for debate. Yet still, most likely the people on the ground injected themselves into that situation, therefore the right to defend becomes a thin line of interpretation.

Just my thoughts.
No trespassing = no situation
 
Gator

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Typical CBS report. I'm with the others. The report doesn't tell me anything.
 
Cuoutdoors

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Not enough details. Could've wrote the headline a hundred different ways. The only thing they care about is making the guy with a gun look bad.

Sent from my SM-G960U using Tapatalk
 
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DG Rider

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I had some family who lived in that area for a time. Drugs may have been involved.
 
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sounds like something the canadian media would put out.all liberal anti gun and no substance or facts.our gun laws suck the big one.
 
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Mopower58

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If he was trespassing, ran over two of my friends, I would have shot him too! More details are needed to know for sure.
 
L2R

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The movies, grand pappy and the internet are full of bad examples of how to deal with situations.

Best thing I ever did was get some training from a lawyer who is an expert on gun law.
By the end of it, I will only shoot if you have no choice to save someone or myself from violent crimes or imminent death.
If you do shoot, you don't talk to anyone until you have talked to your lawyer.
It's all good in the movies but the darn judge isn't going to follow the script from the Equalizer.

Anything less and you are probably going deep in debt and may lose your job /career- if you are lucky!
I always thought you got the bail money back if you appeared in court- not so, kiss that good bye too!

"IF" he shot them because they had just run over family, he isn't defending them. They were already dead and that is revenge and not covered by any law.

All depends on how he said it if he said it at all.
 
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Alan aka Davinci

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If the ATV person had not been trespassing this would not have happened as he put the wheels in motion, but the shooter over reacted and will probably pay for that reaction. A smart guy once said for every action there is a reaction but he was not implying an over reaction. Nobody wins in this case.
 
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CASTRATE

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I effin' hate trespassers. Always putting land owners in sketchy situations. I live on my family's 1200 acres, & have had my fare share of run ins with 'em. Thank giblets nothing has turned violent
 
Plumber32

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I took it a little different. Like a party in a field everyone invited. Drunk screwing around and ran over a couple people by the fire and the guy opened fire . Not enough details. But I'm guessing I'm close if he was charged.
 
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BigOL3

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Story left a lot of question unanswered for sure. In most jurisdictions if the 'imminent threat' is leaving, you can not use deadly force. BUT article did not say that. It is POSSIBLE the driver was coming back toward the shooter or injured friends. In most jurisdictions you have the right to use deadly force to protect yourself and others from deadly or great bodily injury. Also don't know how severe were the injuries?

Given the fact the shooter was arrested, I assume the driver was NOT coming back at them.
 
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