There was a time when I was researching machine gun turrets, we'd had so many broken windows and break ins. But you just can't.

The only thing Mr. Earhart has going for him is that he appears to have shot the right kid. That he knew he shot him, I have no doubt.

But what if it was the wrong kid? Would most of you feel the same if there hadn't been stolen items found on him? And what's to say those weren't planted? There's always that oops factor.

Rule of thumb, you can't shoot 'em unless they're close enough to drag inside. I'm being facetious of course. You can't shoot anyone unless you are in fear of your own life, not protecting property. And for that reason Mr. Earhart is screwed.

He was extra vigilant, but in we cannot as in the words of Judge Dredd say:

"I am the Law!"

seems like such a gray area of the law.

not long ago in Charlotte a man ran after some teens that had broke into his house and he fired shots at them, hitting one teen in the back and killing him. no charges were filed in that case. i think the teen was like a block away when he was shot. luckily for the home owner- all involved were of the same race so rev Al didnt show up for this one.

No one likes a burglar, but they certainly don’t deserve a death sentence

I know that technically you are right and they may not deserve a death sentence, but I just can not find sympathy for these criminals. Like someone else said, people are getting tired of being robbed for the things that they work hard for. Our system is too easy on thugs like this. They get a slap on the wrist and then they are free to rob an innocent victim again. People are starting to take things into their own hands, and I'm glad to hear it. Perhaps this will make someone think twice next time...we can hope.

Nothing I’ve seen nor read convinces me this was in any way an intentional killing. Not even to the point of 2nd degree.

Okay, first off - let's put aside all the fluff about his philanthropic tendencies. Ted Bundy volunteered countless hours for a suicide helpline. Lots of people are great people up until they get the opportunity to do bad things.

This man put two bullets in the back of a burglar who was a half mile away from his home at the time and of no threat to him. Investigation should tell the tale. If shots were fired into the air (even at an angle), the trajectory of the wounds should illustrate that. But, being a gun owner myself and having fired untold number of rounds in numerous environments, I find it awfully hard to believe that warning shots fired at any distance would a.) BOTH him the man and b.) kill him. The odds of that are astronomical.

And, no, I don't believe the fact that he only fired two shots means he wasn't trying to kill him. If anything, it insinuates the possibility that he knew exactly what he had done, and the second call to police was a "hide in plain sight" tactic. Let's keep in mind how far from his home he was. Odds are, he was actively hunting this man down.

Have you ever carried a gun, Z? It does interesting things to people. Suddenly, you'll walk through groups of thugs on the street you would have crossed to the other sidewalk any other day to avoid. You'll involve yourself in bad situations that aren't any of your business rather than quietly calling the police from a distance. And if you want someone who has victimized you to stop, by god, you will stop them one way or the other.

Don't worry - odds are, they charged him with 2nd degree murder to overcompensate, knowing full well either they'd plead down with him or the jury would convict on significantly lighter charges. But, even if this was an accident, the man displayed blatant recklessness... over some jewelry. No one likes a burglar, but they certainly don't deserve a death sentence.

I think you'd have a better chance of wining the lotto than shooting a couple of random shots in the air and hitting some one running away, not to mention loss of velocity and penetration if he was distant, you'd more than likely shot over him if he was close

You are right Morbid and besides that he is a wonderful giving citizen, people are just sick and tired of worthless assholes who steal and rob from us. I wouldn't convict this man either. I have absolutely no sympathy for him. When you do wrong, you don't always get to choose your punishment and sometime the punishment is worse than the crime. That's just the way it is.

wouldn’t you fire “warning shots” straight up into the air

Not necessarily "straight" up in the air. Even if he angled the gun slightly, what goes up - must come down. Many, many ways it could have landed in his back. Once it did, either the spine is nicked or severed, or the lungs or heart are punctured. He may not have died right away - and he may not have fallen where he was first hit. He may have traveled a bit (thus making even an otherwise survivable injury, fatal) before he fell into the creek.

Nothing I've seen nor read convinces me this was in any way an intentional killing. Not even to the point of 2nd degree. Reckless or Involuntary - yes - 1st or 2nd degree - no.

out of curiosity...wouldn't you fire "warning shots" straight up into the air rather then straight into someones back? just a thought...

That is fucked up!

Maybe involuntary manslaughter - whatever - just not 2nd degree murder! Had he "intended" this person to die - he would have likely emptied his gun, rather than fire 2 shots. He would have pursued the individual to be sure he was hit and he would have taken his shit back (maybe even to cover his own ass) The fact that, 3 hours later, this fucker was still in the immediate vicinity of this mans house is a bit disturbing as well. Who's to say he wouldn't have tried to finish what had been interrupted or that he wasn't planning to prey on a more vulnerable target? It seems a bit odd that he'd hang around for any other reason.

The charges are way too harsh in my opinion. No matter who he is or isn't, or what he has or hasn't done.