(1) Committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
(2) Committing or attempting to commit a burglary in a dwelling; or
(3) Using or about to use unlawful deadly physical force against a person. [1971 c.743 §23]
Now, we’re not lawyers, and there may be some case law contradicting this, because it IS Portland, but we’re pretty sure that coming home in the dead of night and finding a stranger in your home may create a reasonable belief of both a burglary in progress (161.219(C)) as well as at least the perception of someone committing or attempting to commit a felony of physical violence.
Late at night? Check.
Stranger in your house? Check.
Stranger in your daughter’s room? Check.
Looks like a burglary, if not the lead up to a physical assault, to us.
Of course, we’re sure that someone, somewhere is shouting at this writing saying that the mom in question should have tried to help the man or shot him in the leg; that she shouldn’t have just ASSUMED that he was there to do harm, rather than seeking help.
Please allow us to point out that, in most states not overrun with “Progressive” legislatures, a person in their own home isn’t encumbered with the requirement to expose themselves to additional, unnecessary risk just to ascertain their intruder’s intentions.
But some states DO require that, in an effort to keep their voter base breathing and/or unarrested, you be sure that they are indeed posing a credible threat to your life, that they are armed, or that they or you have met some other arbitrary, tactically idiotic requirement designed to ensure that the criminal in question has the best chance possible to complete their crime and get away.
Before we sign off, please don't get us wrong, we feel for Mr. McCrary's family and his death was regrettable, mental illness is not a capital offense. But neither should it be used to justify any punishment or civil actions against Ms. Ford.