Don't Bring A Hammer To A Gunfight

KillShot

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May 25, 2010
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<span style="font-weight: bold">Father of Four Shoots Intruder Armed With Hammer</span>

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">KINGSBURG, Calif. (KMPH) -
A Kingsburg man opens fire, and now the father of four is being called a hero.

Deputies say he shot a man who broke into his home.

It happened at a house in Kingsburg, just after midnight, last Friday morning.

39-year-old Adan Duran says the intruder first broke into his truck, took a hammer out of his own tool box and tried to break in through the garage. When he couldn't, he went to the front of the house where he was confronted by two dogs that bit him.

Duran says he attacked the dogs and kept going.

He used the hammer to break the living room window, where Duran was waiting.

"When I see him come to me, I shoot at him," said Duran.

He fired one round from his .357 magnum revolver in an effort to protect his four children and his wife, who were all home.

"I don't like somebody to put one finger on anyone in my family," said Duran.

The intruder was hit in the thigh.

"I never think about killing him. I want to stop him," said Duran.

And he did.

The intruder fell back, and the father of four stood over him, holding a gun to his head while waiting for deputies to arrive.

"He told me ‘I want to kill people.' I told him, you move one finger, I'm going to shoot you on your head," said Duran.

His wife and kids had all locked themselves inside a bedroom - and stayed safe.

Duran says this is the first time he's ever aimed his gun at a person.

"This guy want to kill my family. I don't want that," said Duran.

Tulare County Sheriff's Deputies say the man that broke into this house, is 21-year-old Zaiven Ridley.

Deputies say he's from the Sacramento are but he walked to the Kingsburg home where he was shot.

He's still in the hospital, and deputies are still trying to figure out how he got to the Valley, and why he targeted the house. 

No charges will be filed against Duran, deputies say, in this case, it was legal for him to shoot the person who broke into his home and threatened to hurt him and his family.

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Source — KMPH Fox 26
 
Re: Don't Bring A Hammer To A Gunfight

Kingsburg, Ca.

Zaiven Ridley filed a suit in California Superior Court, Tulare County against Mr. Adan Duran and the Tulare County Sheriff's Office today. The suit alledges that the Sheriff's Office failed to arrest him for previous crimes which would have prevented Mr. Duran from shooting him in the leg. Mr. Duran is being sued for shooting Ridley in the leg while he was attempting to break into Duran's home.
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jcfd2201</div><div class="ubbcode-body">Kingsburg, Ca.

Zaiven Ridley filed a suit in California Superior Court, Tulare County against Mr. Adan Duran and the Tulare County Sheriff's Office today. The suit alledges that the Sheriff's Office failed to arrest him for previous crimes which would have prevented Mr. Duran from shooting him in the leg. Mr. Duran is being sued for shooting Ridley in the leg while he was attempting to break into Duran's home.

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Ha ha...wow...California is fucked up beyond belief.
 
Re: Don't Bring A Hammer To A Gunfight

Get ready for the civil suit. There is no immunity here in CA like there is in TX or other states. He will lose everything...his house, his car, his money, etc.
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Nessal</div><div class="ubbcode-body">Get ready for the civil suit. There is no immunity here in CA like there is in TX or other states. He will lose everything...his house, his car, his money, etc. </div></div>What is the law in California regarding suing someone who breaks into your home?
 
Re: Don't Bring A Hammer To A Gunfight

more proof that you cant be the nice guy when it comes to thugs wanting to do you harm. he should have just killed the slob. now the punk will own everything after he is awarded the man entire life savings and his Balls! this society is all fucked up!
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jcfd2201</div><div class="ubbcode-body">Kingsburg, Ca.

Zaiven Ridley filed a suit in California Superior Court, Tulare County against Mr. Adan Duran and the Tulare County Sheriff's Office today. The suit alledges that the Sheriff's Office failed to arrest him for previous crimes which would have prevented Mr. Duran from shooting him in the leg. Mr. Duran is being sued for shooting Ridley in the leg while he was attempting to break into Duran's home.

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This is just what I figured would be next due to where it happened and some of the BS lawsuits you hear about from out there. The scary part is it will probably happen just that way. I am a firm believer in threat elimination, if the threat is still moving it is still a threat. Dead bad guy is not a threat, wounded bad guy is still a threat! Dead men don't sue, their families might but I would think that one would be tougher to win without the dirtbag on the stand to lie his rear off and play victim.
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jcfd2201</div><div class="ubbcode-body">Kingsburg, Ca.

Zaiven Ridley filed a suit in California Superior Court, Tulare County against Mr. Adan Duran and the Tulare County Sheriff's Office today. The suit alledges that the Sheriff's Office failed to arrest him for previous crimes which would have prevented Mr. Duran from shooting him in the leg. Mr. Duran is being sued for shooting Ridley in the leg while he was attempting to break into Duran's home.

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Not for nothing, but what about that law that goes something like:

Blah, Blah, blah... not profiting from the proceeds of a crime...... blah blah blah.

Sorry, I don't speak legalese, so I'm not sure of the correct wording or intent.

This/these scumbags should NOT profit OR receive one cent from their own responsibilities.
 
Re: Don't Bring A Hammer To A Gunfight

While I think we'll all agree the home owner was justified in his actions, according to the lessons taught at my recent CCW class, he SHOULD have killed him, as you don't shoot to wound but kill BECAUSE you are in fear for yours or your family's life.
But, this will only help you avoid prosecution from the law, NOT the civil suit that is almost sure to follow, whether from the perp or his family. Coupled w/ statistics indicating a hight rate of depression/divorce among folks who have shot/killed someone in self defense, almost make one NOT want to have a gun......but I ain't on of em! I feel sorry for the guy. We would all have done the same. Somebody PLEASE give me $200,000 so I can move out of this shitty state! lol
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body">Side-stepping the civil suit issue, I think he should have killed him just so he doesn't have to worry about future retaliation... </div></div>

Yeah, because he'd be in prison, locked up for murder.
 
Re: Don't Bring A Hammer To A Gunfight

I don't know the laws in that fucked up land you call California- however they just (effective Aug 29, 2011) amended the law here in PA- giving the home owner more rights regarding this situation. Homeowners are (and have been) immune from civil suit in such a case- and now have ZERO RESPONSIBILITY to make ANY EFFORT to retreat when they are IN OR IMMEDIATELY OUTSIDE their home or vehicle.

I love PA- could be better- but I'll gladly take my laws over that Fucked up California.
 
Re: Don't Bring A Hammer To A Gunfight

This crime would never have happened if there were not so many hammers out there. And why did the home owner not have a proper hammer lock on it, or have it in a safe where the man could not get a hold of it and use it for illeagal things such as murder and the like. May be someone should sue Stanley for making so many hammers and making it so easy to get one.
Damn I'm glad I dont live in California.
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Downzero</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body">Side-stepping the civil suit issue, I think he should have killed him just so he doesn't have to worry about future retaliation... </div></div>

Yeah, because he'd be in prison, locked up for murder. </div></div>

Thank God for the Castle law in Texas
 
Re: Don't Bring A Hammer To A Gunfight

Granted Californias gun laws are crap, I dont think any state in the usa protects you civilly. If he would have killed him , I suspect the family would have sued.
-im not a lawyer, so im not sure
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MGD</div><div class="ubbcode-body">Granted Californias gun laws are crap, I dont think any state in the usa protects you civilly. If he would have killed him , I suspect the family would have sued.
-im not a lawyer, so im not sure </div></div>

Indiana does, and I believe Florida does too.
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: MGD</div><div class="ubbcode-body">... If he would have killed him , I suspect the family would have sued... </div></div>

many states with a Castle Doctrine, or Stand Your Ground Law, also have "immunity from civil suit". Meaning if you follow the CD or SYG law in your state- the family of the now dead robber- can go suck lemons since they now have no legal recourse.

Know your laws before you decide what you would do if someone were to break in. Since, after all, protecting your self is something you should have semi-planned out. (I.E. what you would do in different situations in your home)
 
Re: Don't Bring A Hammer To A Gunfight

Colorado has the "Make My Day Law" if you enter into my house with intent to rob or hurt my self or family, you will die, so sorry, too bad! legal to kill you!
 
Re: Don't Bring A Hammer To A Gunfight

Oklahoma also has the Castle Law and you don't even have to enter the residence.

If you're on my property and wielding some sort of weapon (anything that can inflict potentially life altering harm or death), be it a gun, knife, club, brick, or even a hammer...I can LEGALLY waste your ass (as told to me by the CCL instructor who is also a retired LEO of 20+ yrs).
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body">Oklahoma also has the Castle Law and you don't even have to enter the residence.

If you're on my property and wielding some sort of weapon (anything that can inflict potentially life altering harm or death), be it a gun, knife, club, brick, or even a hammer...I can LEGALLY waste your ass (as told to me by the CCL instructor who is also a retired LEO of 20+ yrs). </div></div>

Wooaahh, simmer down man! Lol, I feel you though.
 
Re: Don't Bring A Hammer To A Gunfight

Arizona changed it's Castle Doctrine a few years back to favor the homeowner. The law now states you can defend yourself from someone breaking into your home or vehicle (while you are in it), they do not have to gain entry first. Along with this they placed the burden of proof on the prosecution, should they decide to prosecute you, to prove you were not being threatened or in fear of harm and/or death. Should a dirtbag or dirtbags family feel brave enought to sue and they lose they are responsible for all court costs, your legal bills, and any lost income with no suit or countersuit required.
 
Re: Don't Bring A Hammer To A Gunfight

Dead guys don't sue, but their families do! There is some kind of insurance that you can buy for this situation. What is their name, again? I think it the U.S. Concealed Carry Assn. I wonder if the NRA has insurance for that?
 
Re: Don't Bring A Hammer To A Gunfight

In a true situation of that nature - the laws that are in place would have little effect on my actions to protect my clan

sue me all you want - take all the physical items i own - my family will be alive and well - you will be dead - that is not something i give the law a say over
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: old95b10</div><div class="ubbcode-body">This crime would never have happened if there were not so many hammers out there. And why did the home owner not have a proper hammer lock on it, or have it in a safe where the man could not get a hold of it and use it for illeagal things such as murder and the like. May be someone should sue Stanley for making so many hammers and making it so easy to get one.
Damn I'm glad I dont live in California. </div></div>

Ban all hammers....esepecially the ban hammer
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Downzero</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: High Binder</div><div class="ubbcode-body">Side-stepping the civil suit issue, I think he should have killed him just so he doesn't have to worry about future retaliation... </div></div>

Yeah, because he'd be in prison, locked up for murder. </div></div>

Why would he be locked up for murder? Please enlighten all of us with your deep knowledge of California self defense laws.
 
Re: Don't Bring A Hammer To A Gunfight

It is so easy to get a hammer now. It is a wonder that people are not being killed on every corner right now by a hammer.
Really only carpenters and cops should own them!
Back ground checks should be done on anyone tryin to obtain one.
All joke's aside the shitbird that did this should have HIS family sued for mental disstress for raising an asshole.
Those who make the law's are friggin out of touch the real world.
Either I or the better half would have dumped a clip and worried about the law later. If we cant defend our kids what have we become as a country?
 
Re: Don't Bring A Hammer To A Gunfight

old95b10 All joke's aside the shitbird that did this should have HIS family sued for mental disstress for raising an asshole. [/quote said:
I have always wondered about that. If a person did have to shoot/kill someone in self defense (and the cops/da) agreed it was self defense, if you could actually get away with suing the scumbags family first. It only makes sense, you are having to endure a lot of "emotional damage" from killing their scumbag relative. They should only compensate you for the duress their lack of parenting has caused you.
 
Re: Don't Bring A Hammer To A Gunfight

+1
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: KillShot</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: jcfd2201</div><div class="ubbcode-body">Kingsburg, Ca.

Zaiven Ridley filed a suit in California Superior Court, Tulare County against Mr. Adan Duran and the Tulare County Sheriff's Office today. The suit alledges that the Sheriff's Office failed to arrest him for previous crimes which would have prevented Mr. Duran from shooting him in the leg. Mr. Duran is being sued for shooting Ridley in the leg while he was attempting to break into Duran's home.

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Ha ha...wow...California is fucked up beyond belief. </div></div>
 
Re: Don't Bring A Hammer To A Gunfight

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: ubet</div><div class="ubbcode-body">
old95b10 All joke's aside the shitbird that did this should have HIS family sued for mental disstress for raising an asshole. </div></div> I have always wondered about that. If a person did have to shoot/kill someone in self defense (and the cops/da) agreed it was self defense said:
That's actually not a bad idea in all reality. That could very well be leverage against a suit filed by the dirtbag or his/her family. We all know it has become a lawsuit happy world with lawsuit being filed against lawsuit but that could very well make a difference. It seems in todays world you can sue anyone for just about anything and I would think that suit would hold water better than a majority of others.
 
Re: Don't Bring A Hammer To A Gunfight

You have a background as a bad person ( theft,assult,drugs ect )
I have never done anything wrong short of a traffic ticket or the like.
You intend to do harm to me or my family and I stop you with force that wounds you ,or ends your life. Everything is found to be good on my side and no charges are filed.
How the hell can anyone sue me? I know they can and do,I just dont understand how it could win? Again I know it is done all the time, I just get pissed everytime I hear about this kind of shit. Has to be the damn wreck chassin dogpecker knats that swarm around the courts that came up with this silly shit!