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Husband Goes To Jail For Shooting Robber Who Was Holding His Wife At Gun Point

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Man shoots would-be robber; is arrested on gun charges [MA]
Allston-Brighton Tab ^ | January 14, 2005 | Erin Smith/ Staff Writer


Posted on 01/15/2005 8:54:08 AM PST by Mr. Mojo


A would-be robber became a victim of his own crime last week after he was shot in the stomach by a Brighton man he was trying to rob, police said.

Police arrested Sean E. Roisten, 29, of 833 Jette Court, and charged him with unlawful possession of a firearm and assault and battery with a deadly weapon on a robber who was holding Roisten's wife at gunpoint.

The robbery suspect was transported to the hospital for a gunshot wound to the stomach. The suspect is expected to live. Police seized $59.25, three lighters, a set of keys, a box of Newport cigarettes, a tape cassette, a miniature toy gun, steel wool and a glass tube from the suspect. Police also seized a gun shell fragment with human tissue on it that was removed from the suspect.

Police are trying to work through various witness accounts and the crime is currently under investigation.

Roisten told police he was upstairs in his apartment with his wife and 5-year-old daughter waiting for his friend to return from the store with food when he heard a someone at the front door. Roisten called out, but was met with silence, and his wife went downstairs to see who was at the door, police said. When Roisten's wife opened the door, she was greeted by two men in ski masks and one man forced her back up the stairs at gunpoint, police said.

"He's got a gun!" Roisten told police he heard his wife scream as she was pushed up the stairs. Roisten told police he ran up to the third floor, retrieved his silver Smith and Wesson .40 caliber handgun and took cover behind a kitchen wall. When Roisten peeked around the hallway corner, he saw the robber emerge from the stairs holding his wife in a choke hold and pointing a black handgun at her head, police said.

The armed robber demanded money. Roisten said he had no money, but told the robber he could take anything from the house if he freed his wife, according to police.

The second ski mask-clad man then called up to the gunman that it was time to leave. The gunman began descending the stairs with Roisten's wife, police said. Roisten told police he rushed the stairs, slid down the railing, bent the suspect's right wrist and took possession of the gun.

Later, police received a call for a gunshot victim at 1505 Commonwealth Ave. Roisten then claimed he disarmed the suspect with his left hand and shot the suspect with his right as the suspect fled out of the front door, police said.

In the rear of 1505 Commonwealth Ave., police found a Sony hand camcorder, a black ski mask and a white skull cap. All were held as evidence.

A short while later, Roisten's friend returned to the apartment with a gash on the top of his head. The friend told police that while on his way to the store, he encountered a man in front of 32 Fidelis Way who claimed to have lost his keys. When the friend offered to help him find them, the man pulled out a handgun and forced him inside the hallway of 32 Fidelis Way, where they were joined by the second suspect, police said.

The first suspect demanded, "Give me Sean's keys," but when the victim told the gunmen he did not know what they were talking about, they struck him over the head with the pistol numerous times, police said. The victim told police he eventually gave the suspects his own keys. The suspects then bound the victim's hands behind his back with a belt and his ankles with his shoelaces. The victim finally worked himself free and returned to his friend's apartment. After giving his account to the police, the victim was taken to St. Elizabeth's for medical treatment.

Police found that Roisten's license to carry a gun expired last August and arrested him. Police took custody of Roisten's gun and the black Colt .45 handgun that Roisten claimed he took from the suspect.
 
Absolute bullshit.

Should have shot him in the head
 
ChewYxRage said:
That really sucks. But that's why you have to keep your shit up to date.

keep your shit up to date? what the hell is that supposed to mean?

what part of 'shall not be infringed' don't you understand?

citing some bullshit, unconstitutional gun laws as justification for a man getting charged with multiple felonies for simply defending his family is utter and complete crap.

hopefully this gets passed by congress.

109th CONGRESS

1st Session

H. R. 47
To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.


IN THE HOUSE OF REPRESENTATIVES

January 4, 2005
Mr. BARTLETT of Maryland introduced the following bill; which was referred to the Committee on the Judiciary



--------------------------------------------------------------------------------


A BILL
To protect the right to obtain firearms for security, and to use firearms in defense of self, family, or home, and to provide for the enforcement of such right.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Citizens' Self-Defense Act of 2005'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) Police cannot protect, and are not legally liable for failing to protect, individual citizens, as evidenced by the following:

(A) The courts have consistently ruled that the police do not have an obligation to protect individuals, only the public in general. For example, in Warren v. District of Columbia Metropolitan Police Department, 444 A.2d 1 (D.C. App. 1981), the court stated: `[C]ourts have without exception concluded that when a municipality or other governmental entity undertakes to furnish police services, it assumes a duty only to the public at large and not to individual members of the community.'.

(B) Former Florida Attorney General Jim Smith told Florida legislators that police responded to only 200,000 of 700,000 calls for help to Dade County authorities.

(C) The United States Department of Justice found that, in 1989, there were 168,881 crimes of violence for which police had not responded within 1 hour.

(2) Citizens frequently must use firearms to defend themselves, as evidenced by the following:

(A) Every year, more than 2,400,000 people in the United States use a gun to defend themselves against criminals--or more than 6,500 people a day. This means that, each year, firearms are used 60 times more often to protect the lives of honest citizens than to take lives.

(B) Of the 2,400,000 self-defense cases, more than 192,000 are by women defending themselves against sexual abuse.

(C) Of the 2,400,000 times citizens use their guns to defend themselves every year, 92 percent merely brandish their gun or fire a warning shot to scare off their attackers. Less than 8 percent of the time, does a citizen kill or wound his or her attacker.

(3) Law-abiding citizens, seeking only to provide for their families' defense, are routinely prosecuted for brandishing or using a firearm in self-defense. For example:

(A) In 1986, Don Bennett of Oak Park, Illinois, was shot at by 2 men who had just stolen $1,200 in cash and jewelry from his suburban Chicago service station. The police arrested Bennett for violating Oak Park's handgun ban. The police never caught the actual criminals.

(B) Ronald Biggs, a resident of Goldsboro, North Carolina, was arrested for shooting an intruder in 1990. Four men broke into Biggs' residence one night, ransacked the home and then assaulted him with a baseball bat. When Biggs attempted to escape through the back door, the group chased him and Biggs turned and shot one of the assailants in the stomach. Biggs was arrested and charged with assault with a deadly weapon--a felony. His assailants were charged with misdemeanors.

(C) Don Campbell of Port Huron, Michigan, was arrested, jailed, and criminally charged after he shot a criminal assailant in 1991. The thief had broken into Campbell's store and attacked him. The prosecutor plea-bargained with the assailant and planned to use him to testify against Campbell for felonious use of a firearm. Only after intense community pressure did the prosecutor finally drop the charges.

(4) The courts have granted immunity from prosecution to police officers who use firearms in the line of duty. Similarly, law-abiding citizens who use firearms to protect themselves, their families, and their homes against violent felons should not be subject to lawsuits by the violent felons who sought to victimize them.

SEC. 3. RIGHT TO OBTAIN FIREARMS FOR SECURITY, AND TO USE FIREARMS IN DEFENSE OF SELF, FAMILY, OR HOME; ENFORCEMENT.

(a) Reaffirmation of Right- A person not prohibited from receiving a firearm by Section 922(g) of title 18, United States Code, shall have the right to obtain firearms for security, and to use firearms--

(1) in defense of self or family against a reasonably perceived threat of imminent and unlawful infliction of serious bodily injury;

(2) in defense of self or family in the course of the commission by another person of a violent felony against the person or a member of the person's family; and

(3) in defense of the person's home in the course of the commission of a felony by another person.

(b) Firearm Defined- As used in subsection (a), the term `firearm' means--

(1) a shotgun (as defined in section 921(a)(5) of title 18, United States Code);

(2) a rifle (as defined in section 921(a)(7) of title 18, United States Code); or

(3) a handgun (as defined in section 10 of Public Law 99-408).

(c) Enforcement of Right-

(1) IN GENERAL- A person whose right under subsection (a) is violated in any manner may bring an action in any United States district court against the United States, any State, or any person for damages, injunctive relief, and such other relief as the court deems appropriate.

(2) AUTHORITY TO AWARD A REASONABLE ATTORNEY'S FEE- In an action brought under paragraph (1), the court, in its discretion, may allow the prevailing plaintiff a reasonable attorney's fee as part of the costs.

(3) STATUTE OF LIMITATIONS- An action may not be brought under paragraph (1) after the 5-year period that begins with the date the violation described in paragraph (1) is discovered.
 
p0ink said:
keep your shit up to date? what the hell is that supposed to mean?

what part of 'shall not be infringed' don't you understand?

citing some bullshit, unconstitutional gun laws as justification for a man getting charged with multiple felonies for simply defending his family is utter and complete crap.



Yeah well he could have avoided multiple felonies by have a peice of paper up to date.
 
ChewYxRage said:
Yeah well he could have avoided multiple felonies by have a peice of paper up to date.

rights are not derived from the government.

the constitution did not grant rights; it limited what the government had the authority to do.

your thinking is not only wrong, it is dangerous.
 
p0ink said:
rights are not derived from the government.

the constitution did not grant rights; it limited what the government had the authority to do.

your thinking is not only wrong, it is dangerous.




Well his ass is in going to be in jail and he wouldn't have been using my thinking. So which is more dangerous again?
 
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