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University Student Slays Burglar With Sword
Sep 16 2009, 11:37 am
By: Excalibur
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Sep 16 2009, 11:37 am Excalibur Post #1

The sword and the faith

http://www.baltimoresun.com/news/maryland/baltimore-city/bal-sword0915,0,4027961.story

Quote
A Johns Hopkins University student armed with a samurai sword killed a man who broke into the garage of his off-campus residence early Tuesday, a Baltimore police spokesman said.

According to preliminary reports, a resident of the 300 block of E. University Parkway called police about a suspicious person, department spokesman Anthony Guglielmi said. An off-duty officer responded about 1:20 a.m. to the area with university security, according to Guglielmi. They heard shouts and screams from a neighboring house and found the suspected burglar suffering from a nearly severed hand and laceration to his upper body, he said.

The suspect was pronounced dead at the scene. Based on the initial investigation, the student killed the man with only one strike of the sword, according to Guglielmi. The medical examiner will make the final determination, he said.

The student told police that he heard a commotion in the house and went downstairs armed with the sword, Guglielmi said. He saw the side door to the garage had been pried open and found a man inside, who lunged at the student. There was no indication that the suspected burglar was armed, however, according to Guglielmi.

Burglars had already stolen two laptops and a Sony PlayStation from the student's home Monday, Guglielmi said.

Dennis O'Shea, a spokesman for Johns Hopkins, said all four residents of the house are undergraduate students at the university. Police had released three of the roommates by Tuesday afternoon. The student who wielded the sword remained in custody while investigators worked to corroborate his story with evidence and witness statements. Police have not released the name of the residents, but department sources identified the detained student as John Pontolillo, 20, of Wall, N.J.

The city state's attorney's office will determine whether to press charges, Guglielmi said.



Police have also not formally released the name of the suspected burglar, but a department source identified the man as Donald D. Rice, 49, of the 600 block of E. 27th St. in Baltimore. Guglielmi said the suspect had 29 prior convictions for crimes such as breaking and entering, and had been released Saturday from the Baltimore County Detention Center after he was arrested by county police in August 2008 for stealing a car in Baltimore. Rice was found guilty in December on one count of unauthorized removal of property, and he was sentenced to 18 months in prison.

Michael Hughes of the 3400 block of University Place, about a block away from the scene, said he was working at his home when he heard screams shortly after 1 a.m.

"I could hear the fear in the voice, and I could tell someone was scared," said Hughes, 43, who works for Johns Hopkins' Bloomberg School of Public Health.

Hughes said he called police and could hear sirens as he was on the phone. He walked over to the crime scene shortly after.

"The body was near the garage. And I watched them carry the sword out. The whole thing was surreal and totally bizarre," Hughes said.

By Tuesday afternoon, two pools of blood remained on the ground a few feet away from the door to the garage, which is not connected to the home. A door to a wooden fence surrounding the back yard was broken, allowing the scene to be viewed from the sidewalk.

The three-story house has five bedrooms and two bathrooms, according to Diego Ardila, a junior at Hopkins. Ardila said he lived in the house during the summer and was a roommate of two of the people that currently live there.

Ardila, 19, said one of the roommates owned a samurai sword and generally kept it in his room. Ardila described the student as somewhat outgoing, although they did not speak frequently.

"He kept the sword on top of his cabinet," Ardila said.

Five people lived at the house during the summer, according to Ardila, who now lives a few blocks away.

"You don't expect to hear that someone you know killed a guy with a samurai sword. From what little I know of him, he wasn't some guy going out to kill," Ardila said.

Guglielmi said it is legal to possess a sword in Baltimore, and "individuals have a right to defend their person and their property." But the police spokesman said he was not in a position to comment on whether it was appropriate to use a sword, baseball bat or other means of defense.

Rice was arrested Sept. 25, 2006, for operating a stolen vehicle. Inside the vehicle, police found a camera bag with video tapes that had been taken from a home in the 200 block of E. University Parkway, which was ransacked a month before when someone broke in through a back window, according to court records. The intruder stole luggage, a laptop computer, a video camera, two digital cameras, and the black camera bag.

Rice was charged in both incidents, and received five months in jail -- or time served -- for the theft, court records show.

On Dec. 14, 2007, police on patrol in the 400 block of E. 27th St. saw Rice, who the officers wrote looked suspicious and was fumbling with something in his jacket pocket, court records show. When an officer approached, Rice pulled a loaded Rohm .22-caliber handgun, which the officer was able to grab.

Rice was charged with several weapons charges, but prosecutors dropped the case in Circuit Court in July 2008 after one of the officers -- who was deployed overseas with the military -- could not attend a court hearing, according to the state's attorney's office.

Baltimore Sun reporter Justin Fenton contributed to this article.

Discussion wise:
Was the student justified in killing the man? Was the amount of force he used excessive or acceptable? Should charges be brought up against him by the police department? Does the criminal's history of crime make a difference here?

My take:
First let me say I own a number of swords and knives, and there are a couple of guns in the house but I don't have easy access to them. I have seen too many movies, played too many games, and think a little too highly of my fencing ability. :P I would have not hesitate to attack a burglar with whatever I had close by. If he was to steal anything in my room (basement) he would have probably already have hit the upper part of the house first, and if he had gotten to my room, that means my computer. All jokes aside its an item that has value beyond that of currency to me, I built and customized it myself. Anyone looking to take it is not leaving so long as I can stop them.

The article says that the single slash the student dealt was fatal, and the burglar lunged at him. The way I see it, if the burglar is coming at you, and you use a single strike, or even if it was a gun, a single bullet, it is nowhere near excessive. Now if he hacked up the guy or unloaded a clip or two into him, I could understand questions being raised, but that wasn't what happened here. Any charges brought against him would in my opinion be ludicrous. The fact that the man was a repeat offender on a number of serious charges makes me think that if anything, this student did us a favor.




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Sep 16 2009, 12:36 pm DevliN Post #2

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I collect katanas, so if I need to quickly grab something to "defend [myself] and [my] property," that's what I'd grab first. It's sort of funny to word it this way, but a samurai sword is meant to kill in one strike (it was designed to cut through anything, so what we in the western world consider "sword-fighting" is a joke to a samurai), so they can't really blame the guy for killing the burglar that way. This seems like nothing but self-defense, and instead of a gun or baseball bat, he used a sword.

I also think it's funny that the people interviewed don't actually know the attacker, so he automatically becomes so introverted mystery. I bet he's just some quiet WoW-playing fantasy-loving dude who was put in a bad situation and had to think fast. I'd do the same.



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Sep 16 2009, 1:07 pm InsolubleFluff Post #3



Townies 1 - Mafia 0.

The man has a valid reason to have slashed the other, he was not excessive and he did us all a favour.

There will always be atleast one who says cops were wrong and what not.



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Sep 16 2009, 6:03 pm The Starport Post #4



If he could have disarmed him without killing him, maybe there's a case to be argued for the 'correct' moral approach. Then it just enters in to a lesser subset of the vigilantism debate, and by extension, a debate about utilitarian philosophy and whatnot.

I'll spare you my opinion on the matter. It might not be a huge surprise, but sharing it implies something I don't think is important for others to know.



Philosophy debates are generally interminable, besides.



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Sep 17 2009, 12:19 am Neki Post #5



I guess society should have given him a better hand in helping rehabilitate him, so that he wouldn't go on to rob 29 other places. I think the self-defense was just, as said, he didn't hack him to pieces, I think he slashed him once. but if they really wanted to make a case against him, they could. The fact of the matter is, this convict shouldn't have been let back into society in this kind of condition, like really, 29 other convictions? I think that is more then enough.



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Sep 17 2009, 1:06 am darksnow Post #6



i saw the news report, the robbers family are demanding something to be done.
its so hilarious, the sister was like.

why would the kid have a sword? its the same as having a gun. and then she goes on to say that the burglar wasn't even in the house.
well, you're in the garage stealing stuff, and he already had taken laptops and a playstation i beleive.



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Sep 17 2009, 1:53 am Norm Post #7



It's legit. The man had to do what he had to do. Sure, it's not nice to go off and kill some dude (especially someone you don't even know,) but sometimes you just have to take care of things.



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Sep 17 2009, 2:28 am grAffe Post #8



Once you're a confirmed criminal, you should ideally have no rights.



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Sep 17 2009, 2:31 am Norm Post #9



Quote from grAffe
Once you're a confirmed criminal, you should ideally have no rights.

Two questions:

1. Why?

2. Rights from who?



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Sep 17 2009, 3:00 am Fierce Post #10



Quote from grAffe
Once you're a confirmed criminal, you should ideally have no rights.
So what happens to an innocent man?

Anyway, the guy was about to get attacked so I believe he did the right thing.



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Sep 17 2009, 3:56 am CecilSunkure Post #11



Quote from grAffe
Once you're a confirmed criminal, you should ideally have no rights.
Sure that sounds grand in a nutshell, but the problem with that is: who decides or confirms that you are a criminal? This is pretty much why humanity, in my opinion, needs a perfect and all powerful god; we simply can't fit the bill.

Though I'm sure we all want to keep this from becoming a debate on ideologies.. So basically, everyone is different. Since everyone is different, that means we will never have a 100% consensus on any pretty much any topic, including who should and shouldn't be a criminal. Our law systems will forever be inherently flawed since we that are the building blocks of the law system are inherently flawed. These flaws will be able to be strategically used to sway one thing in favor of one's own views.

Therefor, since we can't have a perfect system, we need to choose the best system possible. Allowing to flag someone as inhuman for their crimes is very rightist and won't be tolerated in our general liberal present state of today, and can potentially be too easy to take advantage of.

But yeah, I hate to admit it.. I believe the guy did us all a favor. That is the thought that went through my head. If I were put in that situation I would attack the guy as to allow me maximum safety.

Though, just because samurai swords are meant to kill in a single blow does not mean that it is any more "ok" to kill with a samurai sword than any other sword.

Post has been edited 3 time(s), last time on Sep 18 2009, 1:54 am by CecilSunkure.



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Sep 17 2009, 9:09 am JaFF Post #12



Quote from Norm
It's legit. The man had to do what he had to do. Sure, it's not nice to go off and kill some dude (especially someone you don't even know,) but sometimes you just have to take care of things.
So we're a bit more justified in killing someone we know? :P

I think a katana is a terrible defensive weapon. A baseball bat can also be very effective and less-lethal in such a situation (one hit to the torso). If he kept the blade just for aesthetical pleasure or collective value, I understand him. If he kept it for self-defense, I think he should face charges. The story doesn't describe what other weapons he could've used. If there was nothing except the katana, I would've done the same thing as he did. However, if I could use some blunt object (some kitchen accessories, perhaps) I'd use it instead of the sword.

But such intricacies and motives will probably not be even considered. The lethality factor will probably determine whether a case will be started and what will it result in. I can't find an article, but I rememebr reading about a case of a guy who shot an attacker dead and was later jailed; the case against him was built on the fact that he used more lethal ammo than his local police department (I think he used expanding halo-point, while his PD used non-expanding). So if any charges are to be pressed, they must base them of the fact that police officers do not have such melee weapons - they use batons (or tasers). This applies only if they classify the weapons like I think they do... whatever. I'm not the biggest expert on the jurisdiction in the US.

Post has been edited 1 time(s), last time on Sep 17 2009, 9:15 am by JaFF.



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Sep 17 2009, 10:59 am Vi3t-X Post #13



One strike and he's dead? I don't think thats excessive at all. If anything, praise his awesome sword skills. :P



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Sep 17 2009, 11:25 am darksnow Post #14



well it was a pretty wide strike, from his torso to his left hand.



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Sep 17 2009, 4:12 pm grAffe Post #15



Quote
Two questions:

1. Why?

2. Rights from who?
As in if there's overwhelming evidence that you committed a crime, you shouldn't be able to sue your victim.



None.

Sep 17 2009, 5:02 pm CaptainWill Post #16



I don't think using a katana, the antithesis of a defensive weapon, to strike a trespasser and cause him to bleed to death is using reasonable force to defend one's property.

Sure, we don't know the full story - maybe he had reason to believe the trespasser was armed, for example. But seriously - a katana? Manslaughter charges should be brought at least.



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Sep 17 2009, 6:56 pm DT_Battlekruser Post #17



It's hard to pass any kind of judgment without exact facts, but I think the student was legally justified in his actions after the alleged robber attacked (lunged at) him. It was dark, and once you don't take a step to defend yourself, the robber could pull out any kind of weapon. Whether or not grabbing a katana to stop a robber was the best thing to do is another story.



None.

Sep 17 2009, 7:54 pm grAffe Post #18



Quote
I don't think using a katana, the antithesis of a defensive weapon, to strike a trespasser and cause him to bleed to death is using reasonable force to defend one's property.

Sure, we don't know the full story - maybe he had reason to believe the trespasser was armed, for example. But seriously - a katana? Manslaughter charges should be brought at least.
I simply see death as one of the consequences of choosing to commit a significant crime. Obviously the consequences of the justice system aren't frightening enough to deter criminals.



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Sep 17 2009, 7:56 pm darksnow Post #19



ok think about it.
theres someone in your garage.
you're scared.
he lunges at you.
now, given a choice between a katana or a baseball bat, which would you choose?



None.

Sep 17 2009, 8:10 pm Vi3t-X Post #20



If you truly felt like someone was going to attack you, and/or harm you in any way, I think that defensive measures are appropriate.

Like DTBK said:
Quote from DT_Battlekruser
It's hard to pass any kind of judgment without exact facts, but I think the student was legally justified in his actions after the alleged robber attacked (lunged at) him. It was dark, and once you don't take a step to defend yourself, the robber could pull out any kind of weapon. Whether or not grabbing a katana to stop a robber was the best thing to do is another story.




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