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#15
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I remember one case in where a local truck repair shop was being robbed. The owner who was in the back room doing book work. The robber was not aware the owner was in the building. The owner who carried like everyone else in SD. Anyways the owner seeing it all unfold on camera goes out to the store front and tells the guy to get out! the guy drops everything and runs out. The owner then shoots the guy in the "rear" as he is fleeing from the store. The owner was charged with assault. Because the perceived threat was leaving and even though he was destroying the store and trying to steal but because he was running away he should not have shot him. Even if he had items he would not have been justified in shooting the bad guy because there was no threat to live or the property. They ruled that a few items wasn't enough but say if he were trying to burn the building down then it would have been justified. I think its a fine line and you will have to answer for. Now if I owned a business in my home and a guy was in there stealing jewels but nobody was in danger in the home and I was outside the home. I would call the police and watch very closely. If he is just in making a mess I can live with that. BUT if he were to try to destroy the home by fire or whatnot I would get involved I think. If the bad guy tried to leave I would then also step in so he would not get away. But that is me, I know that suspects are not always caught. AND we all know how difficult insurance companies can be with events such as theft and what not. Its a hard call yes. I hope none of us here have to make that call ever.
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