The “Retreat Doctrine” in New York is an invitation to home invaders

Queens DA (demorat) Richard Brown

Proggies love to criminalize self defense.

Reported by Sean Strockyj for NY Post: There is a reason homeowners can rarely afford to dispense mercy on an overnight invader: Criminal intruders tend to be the dangerous type. What homeowners don’t expect are law enforcers and prosecutors going after them for ¬ defending themselves and their loved ones.

Queens resident Joel Christopher Paul faced a home-intruder threat in the early hours of July 30, 2017. The 27-year-old was home in Springfield Gardens with his mother, brother and sister when someone attempted to break in. The intruder was Shamel Shauvo, 26, who had traveled north from Maryland after being named a suspect in a shooting there 10 days earlier.

Expecting a pizza delivery, Paul’s brother, Michael, 16, went to the door and discovered Shauvo trying to break in. Michael forced Shauvo to the surrounding area, and his mother called for help. Joel, adrenaline likely surging through his veins, answered the call — and brought a bat and knife to the confrontation.

By the time it was all over, Shauvo received the ultimate lesson in picking the wrong house. He died at Jamaica Hospital after being clubbed and stabbed. The confrontation had all the indications of a break-in gone wrong for the wanted man, and as one high-ranking police source told The Post, the response was justifiable.

Both brothers avoided arrest and remained home after the incident. But months later, Queens DA Richard Brown submitted the case to a grand jury, bringing ruin upon Joel, who has been charged with manslaughter.

A ham sandwich, as the saying goes, can be indicted in grand-jury proceedings completely overseen by prosecutors. But prosecutors shouldn’t have targeted Joel. The stress, expense and uncertainty of facing a first-degree manslaughter charge are devastating and can lead to an unjustified plea that could result in Joel going to prison.

Part of the trouble lies with New York’s “retreat doctrine.” A theory fit for law school classrooms, the doctrine holds Joel had a duty to run and hide if it was safe to do so. It’s an obligation Joel, like the vast majority of New Yorkers, had probably never heard of.

Yet it’s likely that the Queens DA will pursue precisely this avenue at trial, since the indictment states that Joel, “with intent to cause serious physical injury to Shamel Shavuo,” caused his death.

While most jurisdictions would have left Joel alone, the Queens DA seems to want to resurrect the city’s bad old days, when prosecutors developed a reputation of interpreting laws in ways that protected criminals more than they protected victims.

There is also an abuse of prosecutorial discretion here. The DA should have recognized that Joel was forced to make split-second decisions involving defending his vulnerable family members. Even if Shauvo was initially repelled, Joel had no time for a thoughtful inquiry into what Shauvo would do next unless he saw Shavuo’s backside running down the block.

Brown’s office should also review its own files to get a better sense of the devastation wrought by home invaders over the years. Such a search will reveal unsolved murders, sexual assaults and general terror inflicted on mostly working-class victims.

For a lesson in the threat posed by home invaders, the Queens DA might also recall the notorious 2007 Cheshire, Conn., home-invasion that ended with the murder and sexual assaults of a mother and her two daughters, one of them just 11 years old.

Other home invaders in this country have had remarkable runs, like the Golden State Killer, who allegedly committed numerous assaults in the 1970s. Closer to home, a woman in her 20s last week came home to her apartment from a Manhattan bar only to wake up to the nightmare of an unknown man, who tied her up and raped her.

And what if Joel had acted less assertively and Shauvo had grievously injured Joel’s kin or killed one or more of them? Prosecution after the fact would have offered no relief. No criminal sentence can put victims back together. Prosecution doesn’t raise the dead nor mend physical and mental ¬scars left by crime.

At times, the only defense is an unrelenting offense against a criminal you can assume has the worst of intentions. Unless there is more to this case than the DA has let on, those who neutralize criminals who threaten the sanctity of our homes shouldn’t face criminal charges.

DCG

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Eternal Struggle
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Eternal Struggle

The Bolsheviks will make sure their protected class of welfare dependent future voters live the good life in the land of milk and honey.
At least until the productive class stops working or moves elsewhere.

Alma
Member
Alma

In the land of milk and honey? In no time it will be in the land of sour milk and resin oil because EVERYBODY is the same, no class, no distinction, under the thumb and one foot out will have you dispatched to the gulags never to be seen again, that is the Everglades with the resident crocks and panthers.

Alma
Member
Alma

The brothers have to be presented with a Medal For Bravery and a diploma for Courage. One less cockroach✔️

truckjunkie
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truckjunkie

“See an intruder break into your home. Run to another room and hide. Get found by the intruder. Die anyway.” ( Criminal’s Rule #1-Leave NO witnesses to testify against you.) NOTE-Added benefit-leaves the Criminal unharmed to kill again and again,etc.
Sounds like a supremely stupid self defense plan to me.

CAdvoc
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CAdvoc

Never forget: “Tis easier to argue your case from the floor of a courtroom than the bottom of a grave!” CRGP

MarkyMark
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MarkyMark

…those who neutralize criminals who threaten the sanctity of our homes shouldn’t face criminal charges.

Hear, hear!

Genius lib
Guest
Genius lib

No the assailant probably was oppressed and yarda yadda, let’s instead prosecute a man who’s compliant and easy to deal with, who was only defending his family from a murderer. HE’S the real bad guy.

Jackie Puppet
Member
Jackie Puppet

I “pray” that the DA doesn’t have his own home encounter with a would-be assailant who managed to penetrate the police detail outside his home he’s sure to have, and get slapped upside the head with a baseball bat several times at zero dark thirty (because any assault on that gut would be futile).

Jeff Friedberg
Guest
Jeff Friedberg

Twitter refuswing to post my tweet of this

Clark
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Clark

Brought to you by the state that voted Occasional Cortex into office.
You all deserve what you get!

BigBadCat
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BigBadCat

In this day and age, yes is no, no is yes. Good is bad, bad is good. Criminals are protected, victims are prosecuted.

Anonymous
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Anonymous

Typical progressive jurisprudence– making NYC into Europe.

Sherman
Guest
Sherman

Everything I Need To Know I Learned in Kindergarten America is overdue for a Great Cleansing. One of the most disgusting sights is Police making a self-glorifying public display of “helping underprivileged children” at Christmas. The Criminal, JUST-US System and those police are impoverishing families with onerous fees, fines, “charges”. Perjuring, report falsifying, liars putting on a show of piety. Those who lie also steal. The courts, prosecutors, police are vampire parasites wrongfully convicting people too poor to afford ridiculous lawyer fees. They live by feeding off the People. Go to the nearest city to the border with federal court,… Read more »

D3F1ANT
Guest
D3F1ANT

NYS has eclipsed California for this kind of absolute lunacy…but the voters (seem to) support it…

Daniel Staggers
Guest
Daniel Staggers

Perhaps in the not to distant future will be another civil war. Then all the liberals, their parents, their children and even the family dog will all be dead. And sanity will return. One thing I do know, something’s gotta give.

TrailDust
Admin

Wow DCG! Justice is completely upside down in New York and California. The best thing for this nation would be for both states to be divided into 4 states each, so the idiots can no longer wield such power in national politics.

Steven Broiles
Member

I cannot understand Brown: He has been the Queens County D.A. for many years now and has done some good work, prosecuting some cases very well. He’s kept a relatively low public profile. I have never met or talked to the man or anyone who works with him, so, as someone who hasn’t seemed to have gone out of his way to antagonize or destroy anyone, I cannot understand his moves here. We have to understand one thing very clearly from the get-go: Castle Doctrine must rule in every case. Joel Paul was clearly the victim here and so was… Read more »

Lophatt
Member
Lophatt

They’re all shameless crooks. Retreat my astrolabe. Remember, its better to burn out than to rust.