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Old 10-06-2005, 09:20 AM   #1
Buzzby
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Default KY: Pot Grower Accidentally Shoots Self, Police Say

Pot Grower Accidentally Shoots Self, Police Say
He was allegedly trying to booby-trap marijuana plants
Herald-Leader | 10/05/2005

A Spencer County man was trying to "booby trap" his home to protect his marijuana plants when he accidentally shot himself, Kentucky State Police said yesterday.

Police were called to the Flaget Memorial Hospital in Bardstown to investigate a patient suffering from a gunshot wound. Preliminary investigation revealed that Danny Walden, of Taylorsville, was attempting to protect his marijuana plants when he accidentally shot himself, state police said.

Because of the seriousness of his leg injury, Walden was later taken by ambulance to the University of Louisville Hospital.

Police searched Walden's home at 950 Bowman Lane in Taylorsville, finding 115 marijuana plants -- 37 growing in a closet and 78 in a crawl space.

Police also seized four surveillance cameras and monitors, as well as several guns.

The state police Hazardous Devices Unit was called in to remove the single "booby-trapped rifle" that had injured Walden. No other traps were located in the home.

When he recovers from his injury, Walden will be taken to the Shelby County Detention Center, state police said yesterday. He is charged with cultivating in marijuana, his second offense, and possession of a firearm by a convicted felon.

(BuzzNote: If you set up a booby-trap and it kills someone you can be charged with first degree murder. It's not the brightest of ideas, even if you don't set it off yourself.)
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Old 10-06-2005, 11:18 PM   #2
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"If you set up a booby-trap and it kills someone you can be charged with first degree murder. It's not the brightest of ideas, even if you don't set it off yourself.)"

Buzzby is right about that.

Back when i had law classes in high school we talked about people booby trapping their homes from burglars, but if that person was to get injured they could sue you or you will be charged with murder if it ends up killing them. The courts will see it as no excuse because if someone breaks into your house for a tv or anything else, it's not worth losing their life over by you having deadly traps. In this situation we are talking about marijuana plants and again the same rules apply, having deadly booby traps to protect plants isn't worth someone losing their life over. This guy probably did himself a favor by accidently shooting himself setting up his trap because if it had been someone else who was shot because of it he would be in even bigger trouble than hes in now. The guy was going to get in trouble anyway for someone being shot without any reason for it such as being attacked(life being in danger) etc. One thing i also want to clear up is that theres been a lot of rumors that it's legal to shoot someone inside your house if they break in, that is not true, i'm willing to bet that this guy heard that rumor as well and thought it was true

Another case of a stupid person giving marijuana growers a bad name.
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Old 10-07-2005, 12:30 AM   #3
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Quote:
Originally Posted by king cola
One thing i also want to clear up is that theres been a lot of rumors that it's legal to shoot someone inside your house if they break in, that is not true, i'm willing to bet that this guy heard that rumor as well and thought it was true
Actually, it depends on what state you live in. Under certain circumstances you can get away with shooting an intruder in Colorado or Florida. In other states the laws differ, but you are generally permitted to respond to a deadly threat with deadly force in every state.

This has nothing to do with setting up a booby trap and having it kill an intruder. That's still premeditated murder (and gross negligence) in every state in the Union.
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