Originally posted by Frohickey
I don't think it should be first degree.
Let me just say that somehow the prosecutor doesn't think he's got enough evidence to convict Griffin. That is what is important here. Griffin is innocent. He has not been proven guilty. YET.
I have gone to the door with a gun.
Story was this.
I drive home. Since I only have a one car garage, and its my roommates turn to have the garage that month, I park on the street.
So, I drive home, pass by my house, make a u-turn and park on the side of the street.
As I take off my seat belt and grab my laptop bag from the back seat, a guy in an older El Camino drives up. Starts accusing me of following him. He asks if I'm a cop. He asks why I'm following him. He asks that everytime he looks around, he sees *me*. I tell him that I have not been following him. Never seen him before until now. I then walk towards my front door. He is still outside of his El Camino, parked in the middle of the street yelling at me. I see the next door neighbor come out of his house, wonder what is happening. I reach my front door, I go inside.
A few minutes later, I hear my door bell ring, and voices by my front door. I arm myself, and I answer the front door (without opening it, just looking through the peephole, and yelling through the door). Its the neighbor saying that his friend was drunk.
But what if it was the drunk guy? What if he was pounding on my door? What if he started smashing the kitchen window, and started going in?
As you see, just answering the door with a gun doesn't mean its 1st degree.
PS... after I went inside of the house, and before the neighbor knocked, I called the police station to try and document the fact that I was approached by this guy. There was no crime committed, but I wanted to have a paper trail, just in case, something happened. Luckilly, nothing did.
THAT's not first degree, but going to your door with a shotgun, then shooting right through it at a guy with a wooden stick IS.
Let's not start defending this a*shole. He should be locked away for life. The world would be a better place without him. I don't think you could ever justify this situation.