Friday, September 07, 2007

King of My Castle Doctrine

Texas' Castle Doctrine law came on the books three day before a shooting inside a musicians home resulted in another dead musician and many anguished fans:

Dallas police Sgt. Larry Lewis says his department isn't pursuing charges against the neighbor who shot Albrecht due in large part to the new "castle doctrine" law that allows a person to protect their property with deadly force.

Coincidentally, the neighbor involved in the shooting is also a musician. Logg, 54, is a blues guitarist who goes by the nickname "Smokey" and has recorded multiple albums.

Albrecht had been a keyboard player for Edie Brickell & New Bohemians since 1999 and had played several times with Brickell's husband, Paul Simon.
Imagine being the person on the inside of the house, shouting unheeded warnings, as a huge, raving man is trying to kick your door in. The people call 911. They screamed warnings. A warning shot was sent high through the door. Should he be tried for murder?

Under the Castle Doctrine, a person doesn't have to attempt to retreat, he can defend himself. So a grand jury will look at it. It seems they can only find the obvious: he defended himself.

There is a difference between defense and vigilantism. Jodi Foster's movie deals with this subject, but she believes guns are bad, bad, bad. I just don't believe her. If a huge, drug-crazed man was coming through her door, would she defend herself and her children? She'd be immoral if she didn't.

An important aside about the medication the dead man was on:
The story that emerged later was much more complicated. This was no raging lunatic — his girlfriend said he had never came close to such behavior. Indeed, he is invariably described as “even-tempered and sometimes shy,” and that never changed with alcohol in the mix, friends said.

Earlier that night, he had about five drinks, according to his best friend. That would’ve rated as a normal night, except that he was also taking an anti-smoking drug called Chantix for about a week. Mr. Albrecht and his girlfriend, who was also on the drug, previously mentioned “crazy, insane, almost horrific dreams” while on the drug. More from Danny Balis, the friend:

Was it a combination of sleep deprivation, booze, and the stop-smoking pills that sent him off? It’s the only explanation i can even think of. What was described to me sounded like a walking black out. In my years of knowing him, and all the girls he dated, I have never once heard of him getting abusive or physical with them. It was not his character. Especially with the woman that I know for a fact he loved dearly.

“I really believe it was the drug,” Ryann Rathbone, his girlfriend, told The Dallas Morning News.
If this is the case, it is doubly a tragedy.

Thanks to KAL for the tip.

4 comments:

Anonymous said...

What a devastating story this is. The older I get the more I dislike medication. I know they have their place and if I must, I will take them. However, I have seen more damage done from meds than they actually help. My father has been on a number of meds and he was getting sicker by the day. I kept telling him that I think it is the medication he is on that is making him sicker. He finally went off everything and he is feeling like a brand new person.

I have just been diagnosed with some heart issues and my cardiologist wanted to know if I wanted to go on heart medication. At this point, since it is not life threatening, I have told him no. I would much rather find some natural solutions.

Many years ago, Deboprovara put me in pre-menopause which had devastating affects on me with depression to the point of thinking to end it all. Thank God I had sense enough to realize something was not right. Dangerous, dangerous stuff out there.

I hope they will research this medication and get if off the marked if that is what caused this event. How will they ever know for sure?

Anonymous said...

written by ryann:

-what a wonderful, talented loving man Carter is. A brilliant musician, but more importantly the most amazing man I've ever known.

I do not blame Chantix for his death. It explains his behavior, but not his death. I do think people should be made aware of warning signs of adverse reactions before they take Chantix.

Carter died from a bullet. Shot through a door that was half GLASS. The bullet was shot through glass. There was a motion light by the backdoor where he was shot. There were no dents or scuffs on the door where Carter was "banging."

I BLAME the CASTLE DOCTRINE for allowing anyone to kill someone by shooting through a window or door (glass or not), with no other reason than to claim, "I was scared."

What if Carter was asking for help? What if I had run nextdoor to ask for help, and banged on the door? Is it still okay to shoot me; if you're scared?

How late at night is too late to "bang" on someone's door? How loud does a "bang" on a door have to be before you can justify shooting the person on the other side?

Who shoots a warning shot through a well-lit glass backdoor at someone's head and then claims "I tried to aim high?" "I was scared."

Chantix is the only thing that makes any sense of Carter's behavior the night he was killed.

The real cause of his death, and the law that allows this makes none.

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