So a person's mind set is a factor?
So new people in neighborhoods have more justification for shooting people than a person who has lived there a while?
I don't think so.
There is a difference between turning a door knob to gain entry versus turning a knob to force entry. If i knock on your door and turn your door knob am i guilty of attempted B & E? I don't think so in ANY state in the US.
You seem to be arguing that he "felt" physically threatened. Feelings don't determine danger when it comes to justifiable cause to use deadly force in defense of being physically threatened. If so, I can go to Georgia, walk down a street and if someone threatens me i can shoot them justifiably?
I am no lawyer, but it would seem to me they would have to prove that he was in fact physically threaten NOT the he felt threatened.
Here are the facts:
1. NO forced attempted entry (unless of course the law says turning a door knob is attempted B&E)
2. No weapon on victim, nor any statement be shooter that he thought victim had weapon
3. NO aggressive behavior (unless of course walking towards someone in any situation is considered aggressive)
4. He left his house (where he was safe at that moment) and shot the guy.
No case what so ever here for being physically threatened.
His mindset/feeling is all that matters at the end of the day. Fear is a mindset/feeling. To determine whether his fear was reasonable requires looking at all of the other facts, which I've already mentioned. We just disagree on how those facts are characterized and what they mean.
What you're doing is trying to isolate each individual fact to see whether that fact alone resulted in a reasonable belief that he was under a physical threat. I don't think that's the proper way to look at the situation. You have to look at the facts as a whole and form an opinion. At least that's the way I do it.
I didn't say new people have more of a justification to shoot people. I said they're less likely to be familiar with their surroundings. If he lived in the neighborhood for several years, and the old guy was a wanderer, it's more likely he would have known that. Also, being new to the neighborhood makes you less uncertain about things like safety. That fact alone doesn't justify a shooting. It's just part of the analysis.
Whether the elderly man was actually guilty of breaking and entering isn't the issue. It's the fact he was trying to open someone's door at 4 a.m. I don't think it's reasonable to expect everyone to call 911 and sit back and do nothing at 4 in the morning when someone is trying to enter your home. Sounds like he was trying to protect his fiancee.
But here are the facts as I've read them:
1. Someone was awoken at 4 a.m. by someone trying to illegally enter his home. Whether it was actually illegal is irrelevant, because the homeowner (or renter, whatever he was) had no idea the man trying to enter his home at that hour was ill. I think most reasonable people would believe someone trying to enter your home at 4 a.m. has bad intentions.
2. He called 911, which was the right thing to do.
3. He opened his door and exited. Putting on my MMQB hat, I say he should have stayed in the house. But as the police said: "In my personal opinion, I believe that he should have stayed inside the house," he said. "Did he violate any laws by exiting the house? No."
4. He didn't immediately shoot the guy. He gave several commands. Not sure what those were, but I suspect they were in the nature of "get off my property" and "stop." The guy continued to walk towards him.
5. "Walker County Sheriff Steve Wilson has said he had no doubts that Hendrix felt threatened during the encounter." I agree, for the reasons I've already stated.