Risky business

[LesPalenik]

An Atlanta photographer was shot and nearly killed last month after entering the home he was assigned to shoot.

The Gwinnet Daily Post reports that photographer Whitney Morris was originally scheduled to photograph Belinda Brooks’ house on Thursday, February 1st. After not being able to make that appointment, the real estate agency that hired Morris rescheduled the shoot for Friday, February 2nd… apparently without informing Brooks. Shortly after 9 a.m. on February 2nd, Morris used the lock box outside Brooks house to retrieve the key and let himself inside. Opening the door caused the home’s alarm to go off, and Morris was unable to find a security code for the alarm system in the lock box. Brooks wasn’t expecting any visitors and, fearing for her safety, grabbed a .38 caliber Ruger pistol and fired at the intruder through her bedroom door.

https://petapixel.com/2018/03/26/real-estate-photographer-shot-nearly-killed-by-surprised-homeowner/

[Two23]

I smell a BIG lawsuit here.


Kent in SD

[MattBurt]

That's a fear of mine. Or winding up at the wrong property.

[Farmer]

Even if you're given a key, before you let yourself in surely you knock?

[LesPalenik]

That's a good advice, especially if your clients shoot first through a closed door and only then look who is making the noise.

[Robert Roaldi]

The article did not state whether the homeowner in question was arrested for discharging a weapon and injuring someone. Was that just bad reporting? Or is it the case that it's ok to shoot someone in such circumstances without fear of arrest? I assume the laws on this may vary from state to state.

[JoeKitchen]

The article did not state whether the homeowner in question was arrested for discharging a weapon and injuring someone. Was that just bad reporting? Or is it the case that it's ok to shoot someone in such circumstances without fear of arrest? I assume the laws on this may vary from state to state.

More then likely she was not arrested.  By law, you have a right to protect yourself in your own home, and by how much or what actions are acceptable is different from state to state.  This being in SC, I would assume this would be acceptable, or at least not an arresting offense.  In New York, more then likely she would have been arrested, but it is not exactly clear. 

[Robert Roaldi]

The police have to identify themselves before taking action against someone, is my understanding. It seems bizarre to me that someone can just shoot through a door at someone they don't know, without calling out first or attempting to find out what's happening first. Almost as if the action of last resort is the first choice.

[DP]

It seems bizarre to me that someone can just shoot through a door at someone they don't know, without calling out first or attempting to find out what's happening first.

And why shall Belinda take a risk to find out who is out there ?

[JoeKitchen]

The police have to identify themselves before taking action against someone, is my understanding. It seems bizarre to me that someone can just shoot through a door at someone they don't know, without calling out first or attempting to find out what's happening first. Almost as if the action of last resort is the first choice.

Maybe she did.  The alarm was on and there was a door in her way.  She could have yelled and he just did not hear her.  Remember we are only reading his account right now. 

I will be curious to see how this pans out.  Personally, I think all three share some blame here.

[DP]

That's a good advice, especially if your clients shoot first through a closed door and only then look who is making the noise.

the shot was through the door INSIDE the house... idiot photog upon triggering the alarm had to leave the property instead of roaming the house.

[DP]

This being in SC

in Georgia

[Slobodan Blagojevic]

Georgia is also a "stand your ground state." Some other states have "duty to retreat" laws, where you are supposed to retreat to a room in your own house, lock the door and call 911, in case someone is in your house. Now, even if Georgia would be a "duty to retreat" state, she was already inside her room, not having the time to call 911, as someone was already in front of her "retreat." Also, it would be rare that bedrooms are very close to entrance doors, meaning that the photographer entered deep into the house, rather than getting out, once the alarm was activated.

[JoeKitchen]

in Georgia

Oops.

[Farmer]

Yeah, states with castle doctrine laws basically say you can kill anyone on your property who isn't supposed to be there.  It's not quite that simple, but it's pretty close.

[Jeremy Roussak]

Even if you're given a key, before you let yourself in surely you knock?

Quite. Bizarre behaviour.

Jeremy

[Slobodan Blagojevic]

Even if you're given a key, before you let yourself in surely you knock?

Realtors typically use lockboxes when there is no one at home to open the door. So it is not completely unusual to assume, as the photographer did, that if he had to use the lockbox, no one is at home.

By the same token, a homeowner, aware of the existence of the lockbox and aware that the home is on the market, should at least allow the possibility that if someone entered the home, it might be a realtor or a potential buyer.

Then again, when things sometimes go wrong, they go royally wrong.

[Robert Roaldi]

Yeah, states with castle doctrine laws basically say you can kill anyone on your property who isn't supposed to be there.  It's not quite that simple, but it's pretty close.

I really hope it's not that simple. That implies you have to check to see who it is before shooting, to determine if they have a right to be there. We expect that much from hunters. You have to know what it is you're shooting at. Here in Ontario at least, my understanding is that the excuse "I though it was a moose" when you illegally shoot an elk, is not good enough. I believe it would be considered pretty close to negligence, but I'm not sure of the exact charge.

What about meter readers or mailmen or door to door salesmen or political canvassers, firefighters, etc. ? Can people shoot them without checking to see who they are first?

[Slobodan Blagojevic]

... What about meter readers or mailmen or door to door salesmen or political canvassers, firefighters, etc. ? Can people shoot them without checking to see who they are first?

None of them are supposed to enter the house. Note that the homeowner in this particular case shot through her bedroom door, not entrance door.

P.S. In case of firefighters, one hopes that the homeowner is aware the house is on fire

[Robert Roaldi]

P.S. In case of firefighters, one hopes that the homeowner is aware the house is on fire

I hope so.

As for the others, I was probably taking Farmer's statement "...castle doctrine laws basically say you can kill anyone on your property who isn't supposed to be there" too literally.