Shopiere...
Don't forget to stop by Naughty But Nice on your way home!

spunk: hell has not frozen over. didnt you see the cubbies get SWEPT OUT OF THE PLAYOFFS THIS YEAR:)

His sister said they should have sent him to college instead of prison!!!

Shopiere...
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...Can you explain WHY he should not have protected his family?

Shoot twice next time Doc.

shop...., so your meaning is: It's OK that the shooter was a doctor and what he did was OK. And it's a shame that someone lower on the economic scale can't do the same thing, right?

Why are you asking me what I am saying? I cannot make it any more SIMPLE.

So the fact that he was headed TOWARDS the doctors family has nothing to do with it? Is that what you are saying? That Rainiero shouldn't have protected his family?
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No...Rainiero did the right thing(other than missing) in protecting his family.

I would add that the drunken fool came in through the roof, IIRC. The dumb*** probably didn't know the way out of the house. I have to repeat that I would not have a bit of a problem if he would have been shot in his frontside, dead right there is fine.

My point is that some people would not have got away with shooting an intruder in the back in the State of Wisconsin. Double standards in our country depending on income and socio-ecomomic status certainly exist and are much more extreme than ever.

"He should NEVER be able to get out of prison, yet alone in a mere 8 years."

So you think that simple unarmed burglary by a drunk should be punished by life in prison? Who do you think should pay for this? Twenty five to thirty five thousand per year per head is the cost to house these criminals.

Shopiere..
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...If I remember the details from when this first happened, he was shot in the back AFTER he turned around and was heading down the hall towards Rainieros CHILDRENS bedroom. Should the good doctor have just said "Well, I'm safe, my children will just have to fend for themselves."
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I promise you that I'll take more of a risk to myself than I'd allow happen to my wife or child or grandson. Take a swing at me, I'll survive...maybe I deserved it, even. Raise your hand to my family, you WILL get hurt.
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As I said when this first came up...the only thing the good doctor screwed up on was that he missed.

Shop......, if he was going into another room (especially if it was the wife's or kids' room) instead of leaving the house as ordered -as indicated in the original story- then the shot in the back is OK.

staticrush: in answer to your question. YES

He shot him in the back. Usually this shows that there was no immediate threat to the shooter. There was a time when you shoot someone in the back, you go to jail. I think it depends on who you are.

I certainly am not condoning burglaries or home invasions, if he had been shot in the front it would not be an issue. I guess some people are able to get away with more than others. We certainly know that some people are more equal than others nowadays.

isn't Prochaska K. Andrea Briarmoon's brother?

HOLY OLD TOPIC!!!!

Just noticed this was from back in March 08. :)

Seabee, if this happened in East Berkley (aka Madison) this lawsuit wouldnt had been tossed and the doc would had been found guilty pretty much automatically.

Wow. Praising a judge for doing his job? It's about time I'd say. Is Hell finally freezing over??

Great example of exercising ACCOUNTABILITY isn't it? This goof thinks it's a privledge to be a thug I think. He put himself in the situation he was in and didn't have the courage to hold himself accountable for his actions. His lawyer needs to take a good look at himself in the mirror too! Gutless fools.

The doctor is suppose to help people. He probably didn't want to kill the perp. He just wanted him out of his house. I won't be that nice.

K. Andrea Briarmoon

I'm sure he would have won his lawsuit hadthis happened in California.

The doc should have should have taken gun ownership more serious. Don't just buy one and stick it in the closet. Go to the range and take lessons. Shoot enough so the weapon becomes part of you. You will gain confidence and would be better prepared. I would not have talked to the perp near as much as the doc did, but would have been a much more threat to the perp. He would get one chance.

whybebad, thats the problem. Theres way too many of these lowlife lawyers. If the homeowner/resident wasnt a doctor, he more than likely never would had bothered filing a suit for the scumbag. All he seen was $$$$.

Scumbag should just stay locked up forever. People like him dont learn. i'd gladly pay to keep him locked away. He's what you find under the definition of recidivism.

It just shows you a thing or two about lawyers. There is actually a lawyer that was willing to take this mans case to court and actually try to make a case against the homeowner.

The state of Tennessee has a law on the books called I believe the clean hands doctrine. It states that a person committing a crime, and even possibly going against product instructions: i.e. “Do not drive with sunshield in place." -- On a cardboard sunshield that keeps the sun off the dashboard, is NEVER able to sue in these types of situations. Not that I am usually one for more laws but this is one I feel we should consider.
Way to go Judge Welker!!!

Justice is served...

The only thing that the good Dr. Rainiero did wrong is that he did not aim high enough.

Kurt Prochaska should thank God that
Dr. Rainiero didn't BLOW his butt away.

He should have claimed that the doctor spilt hot coffee on him.

You've read way too much into my comment.
Get back to work.

The judge was remiss in his duty when he failed to suggest that Prochaska's attorney should have thrown down some stairs.

Prochaska's attorney conceded his client had greater negligence. I don't think this will go any farther.

Would had been soo much better if the Doc would had used a BETTER caliber other than a .380. If he used a .45 we wouldnt be having this discussion now would we. :)

The feds really need to make it so you (or the surviving family incase the idiot criminal gets offed) cant sue for anything if you are injured in the commission of a crime.

And take the shyester lawyers (and those ones on TV adverts) who love to file these suits and throw them off a skyscraper.

Darling menace.....I do believe that Judge Welker deserves kudos for his decision. There are books written about bad legal decisions made by judges that you refer to as idiots,and rightly so in many cases. Unfortunately I believe that Rocky is absolutely right. I see this one coming back....

This entire thing is just asinine. The guy committed the crime. Pay the consequences, which should include restitution to the doctor for damages to his home. I can guarantee that if it were me, I would have unloaded on the guy.

Whatever happened to the LAWYER bringing a suit deemed to be frivolous being held responsible for all costs involved?
Is that only in some states?

great job Judge Welker!!!! I think that Prochaska should also have to pay ALL the court costs for filing such a lawsuit. That would help to reduce the amount of such suits. I hope that Dr. Rainiero sues him (not that he would ever be able to collect anything).

While I completely agree with Judge Welker's sentiments, I am afraid that his comments will be viewed as prejudicial and result in a strong appeal. He should have just thrown it out as being without merit.

_____

The moral of the story: Shoot to kill next time.

good job judge welker, i tlhink that when this outstanding citizen gets out of prison, that dr. raniero should be compensated. therefore, the only job that i can see this pillar of the communtiy can hold is burglary. but when he does get a job a portion of his wages and his state and federal taxes should be given to the good doctor.

Praise to Welker on that hilarious statement on the public wanting to see him thrown down the steps of the courthouse! Bwahahahaha!!!!!

Eat it, Prochaska, and let this be a lesson to you wannabe teenygangbangers. Crime doesn't pay- education does. Fo Shizzle.

We should all take exception to the judge’s lack of decorum in the courtroom and his inability in this case to give the lawsuit all the seriousness that it deserves!
Oh-wait-he did give it all the seriousness it deserves. And, I heard through the grapevine that we they are drawing lots to see who gets to throw the plaintiff down some stairs somewhere. (Warning: Lawsuit to follow.) Does anyone know where tickets are being sold?

darling_menace "Any idiot would have came to this judgement."

How about this headline form Chicago Sun-Times
“Family of electrocuted thief gets $75,000”

Check the site overlawyerd.com

How does someone sue for spilling THEIR coffee on THEMSELVES and win. Warning’s have been on tobacco products for years and yet people win lawsuits when they get lung cancer. It says it right on the damn box! So I have to disagree that anyone would come to the same conclusion as Judge Welker. So again KUDOS to the Judge!

I'd like to invite Judge Welker to my house for some herbal tea and join in a chorus of "Kum Bay Yah." If he's up for re-election...he's got my vote!

Finally someone gets it-you can't commit a crime & then when caught, try to make it someone else's fault.

I don't know, maybe I am sadistic or something, but I really liked the line, "In fact, it is likely that the jury would prefer the option of throwing the plaintiff down the steps of the courthouse." That actually made me laugh this morning.

Any idiot would have came to this judgement.

Judge Welker does not deserve any extra "kudos" just because he came to this decision. It's called common sense.

There is a God!

I wonder how much money was wasted on this fiasco.

Good to see common sense prevail, kudos to Judge Welker!