# Kentucky Man Shoots Drone, Gets Arrested **URL:** \ **Category:** Great Debates\ **Created:** [July 31, 2015, 6:38am UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634 "2015-07-31T06:38:32Z")\ **Posts on this page:** 20\ **Page:** 9
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 3:53pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/161 "2015-08-03T15:53:07Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Are you talking about shooting the drone or threatening to shoot the owners? The drone incursion was not trespass - that requires entry by a _person_. Shooting the hovering drone falls under a local discharging a firearm in a residential area-type of law. The local wording of such a law would be applicable. KRS § 503.080 would specifically apply to the 4 angry men who were advancing on the lone homeowner. Do not trespass on his property. Do not threaten the lone homeowner with bodily harm. Do not harm the lone homeowner. The odds were 4 against 1. ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [August 3, 2015, 3:58pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/162 "2015-08-03T15:58:21Z")
Do we have any other source other than the shooter that they were menacing and threatening him? It seems that its a perfectly normal response to be upset after your thousand dollar toy is shot down from the sky where you, presumably, thought it was doing no harm. I think we just need a blanket law that says to not shoot things down from the sky unless its threatening you with bodily harm. Perverts with drones should be treated like somebody peeping over your fence: You can’t shoot them for looking no matter how pissed you are ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:04pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/163 "2015-08-03T16:04:34Z")
> [@Ravenman](#): > > I’m thinking this through, and haven’t come to a complete conclusion, but I don’t think that the situation changes at all of the guys are pervs or not pervs. > > There is no lawful right I am aware of to shoot down an aircraft, even if it is unmanned. Nor is there a right to threaten to kill someone if there isn’t a reasonable belief that the person is about to inflict death or great bodily harm upon you. > > Regardless of whether you think the homeowners actions were ethical, it seems pretty much like a lock that his two major actions – shooting down a drone and threatening other people – were very likely illegal. And I don’t buy for a second that the homeowner was afraid that the four men would hurt him. He was angry and threatened to do harm to them. It’s as simple as that. Pervs/convicted child molesters should not be allowed to own/use drones. I believe laws should be changed to add camera-capable drone ownership to a list of restrictions child molesters must abide by. 4 angry men approached the lone homeowner. A man with a firearm diffused the situation without pointing his firearm at anyone. It was sufficient for the lone home owner to make it clear that he would defend himself from any attack by the 4 angry men. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [August 3, 2015, 4:09pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/164 "2015-08-03T16:09:15Z")
> [@doorhinge](#): > > KRS § 503.080 would specifically apply to the 4 angry men who were advancing on the lone homeowner. Do not trespass on his property. Do not threaten the lone homeowner with bodily harm. Do not harm the lone homeowner. The odds were 4 against 1. Which specific provision of that law do you believe applies in this situation? For example: in (1)(a), there’s nothing to suggest that the four men were, or about to, “criminally tresspass,” much less under the use of force,and note that (1) only applies to the use of physical, not deadly, force. The whole of (2) doesn’t apply because there’s no evidence that the four men were trying to rob the homeowner or dispossess him of his house. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:10pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/165 "2015-08-03T16:10:49Z")
> [@YogSosoth](#): > > Do we have any other source other than the shooter that they were menacing and threatening him? It seems that its a perfectly normal response to be upset after your thousand dollar toy is shot down from the sky where you, presumably, thought it was doing no harm. (post shortened) It would also be nice if the drone owner had not lost the video that had been shot by his drone camera. How inconvenient. It was reported that the drone, it’s sim(?) card, and camera had been turned over to the drone owner. Now the drone owner can’t prove that he wasn’t videoing children and bedroom windows. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [August 3, 2015, 4:12pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/166 "2015-08-03T16:12:21Z")
> [@doorhinge](#): > > 4 angry men approached the lone homeowner. A man with a firearm diffused the situation without pointing his firearm at anyone. It was sufficient for the lone home owner to make it clear that he would defend himself from any attack by the 4 angry men. He didn’t say he would defend himself from attack. He said he would shoot them if they crossed the sidewalk. Stepping on to his property is not an attack that a reasonable person would believe would be risking the homeowner’s life – in fact, at most, it is a violation of Kentucky law that would be punished by a ticket, like loitering. It isn’t even a misdemeanor. ---
**Author:** ![Bone](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bone/32/407_2.png) [@Bone](https://boards.straightdope.com/u/Bone)\ **Post date:** [August 3, 2015, 4:20pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/167 "2015-08-03T16:20:42Z")
> [@Really\_Not\_All\_That\_Bright](#): > > Are you talking about shooting the drone or threatening to shoot the owners? The drone incursion was not trespass - that requires entry by a _person_. The latter. It would be 1a and 2b. That’s the argument I’d advance were I advising. The finder of fact would need to determine if the fact pattern met the statute. I could see that defense prevailing. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:21pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/168 "2015-08-03T16:21:20Z")
> [@Ravenman](#): > > Which specific provision of that law do you believe applies in this situation? > > For example: in (1)(a), there’s nothing to suggest that the four men were, or about to, “criminally tresspass,” and note that (1) only applies to the use of physical, not deadly, force. The whole of (2) doesn’t apply because there’s no evidence that the four men were trying to rob the homeowner or dispossess him of his house. The law also says, “or other felony involving the use of force”. Neither side resorted had to physical force. Why? Because everyone used common sense, or because a firearm was present? Either way, the potential of a violent confrontation was diffused. The lone home owner made it clear that he would defend himself, if necessary, against the 4 angry men. Whatever intentions the 4 angry men may have had when they began to approach the lone home owner ended when the lone home owner made it clear that he would defend himself, regardless of the 4-to-1 odds. ---
**Author:** ![Sinaptics](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Sinaptics](https://boards.straightdope.com/u/Sinaptics)\ **Post date:** [August 3, 2015, 4:25pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/169 "2015-08-03T16:25:38Z")
> [@doorhinge](#): > > The law also says, “or other felony involving the use of force”. > > Neither side resorted had to physical force. Why? Because everyone used common sense, or because a firearm was present? Either way, the potential of a violent confrontation was diffused. > > The lone home owner made it clear that he would defend himself, if necessary, against the 4 angry men. Whatever intentions the 4 angry men may have had when they began to approach the lone home owner ended when the lone home owner made it clear that he would defend himself, regardless of the 4-to-1 odds. You keep saying, “defend himself.” He didn’t make it clear he would defend himself, he made it clear that he would murder anyone who steps foot on his property irregardless of intention. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:26pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/170 "2015-08-03T16:26:15Z")
> [@Ravenman](#): > > He didn’t say he would defend himself from attack. He said he would shoot them if they crossed the sidewalk. Stepping on to his property is not an attack that a reasonable person would believe would be risking the homeowner’s life – in fact, at most, it is a violation of Kentucky law that would be punished by a ticket, like loitering. It isn’t even a misdemeanor. Why would the 4 angry men need to trespass on the lone home owners property? ---
**Author:** ![Sinaptics](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Sinaptics](https://boards.straightdope.com/u/Sinaptics)\ **Post date:** [August 3, 2015, 4:28pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/171 "2015-08-03T16:28:18Z")
> [@doorhinge](#): > > Why would the 4 angry men need to trespass on the lone home owners property? Perhaps to ask why he shot down their drone? ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [August 3, 2015, 4:29pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/172 "2015-08-03T16:29:58Z")
> [@doorhinge](#): > > Pervs/convicted child molesters should not be allowed to own/use drones. Pervs? Define pervs. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:31pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/173 "2015-08-03T16:31:07Z")
> [@Sinaptics](#): > > You keep saying, “defend himself.” He didn’t make it clear he would defend himself, he made it clear that he would murder anyone who steps foot on his property irregardless of intention. “Irregardless”? Since this is a discussion of semantics, the lone home owner did not say he would murder anyone. He said there would be another shooting. You assume that the lone home owner said he would murder one, or all, of the 4 angry men. Is it possible that the lone home owner meant he would fire a warning shot? ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:34pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/174 "2015-08-03T16:34:22Z")
> [@kayaker](#): > > Pervs? Define pervs. I was going with the flow. I wasn’t the first one to use the term “pervs”. I assume it means peeping toms who would use a drone camera to peep in windows and hover over sunbathers. ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 4:37pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/175 "2015-08-03T16:37:51Z")
> [@Sinaptics](#): > > Perhaps to ask why he shot down their drone? AFAIK, that discussion had already occurred while the 4 angry men and lone home owner had been shouting at each other. There was no reason for the 4 angry men to trespass on the lone home owners property to gather information. ---
**Author:** ![Sinaptics](https://avatars.discourse-cdn.com/v4/letter/s/278dde/32.png) [@Sinaptics](https://boards.straightdope.com/u/Sinaptics)\ **Post date:** [August 3, 2015, 4:43pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/176 "2015-08-03T16:43:23Z")
> [@doorhinge](#): > > AFAIK, that discussion had already occurred while the 4 angry men and lone home owner had been shouting at each other. There was no reason for the 4 angry men to trespass on the lone home owners property to gather information. Cite for they were already shouting at each other? As I understood it, when they arrived to confront the homeowner, they were greeted with a death thread should they cross onto his property. Doesn’t matter anyway, as the four “angry” men had shown no hostile intention as far as I’m aware. They weren’t yelling, “We’re going to beat the shit out of you!” or “You’re dead, motherfucker!” He had no cause to threaten them with death. He could have said, “I’m armed. If you try anything hostile, I’ll shoot you” and would have been fine. He didn’t. Instead, he told them if they stepped onto his property (no qualifier), he would shoot them. ---
**Author:** ![Ravenman](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ravenman/32/2929_2.png) [@Ravenman](https://boards.straightdope.com/u/Ravenman)\ **Post date:** [August 3, 2015, 4:58pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/177 "2015-08-03T16:58:04Z")
> [@doorhinge](#): > > The law also says, “or other felony involving the use of force”. In Kentucky, even first degree criminal tresspass is not a felony, and in any case, stepping onto someone’s property isn’t a “use of force.” > [@](#): > > Neither side resorted had to physical force. Why? Because everyone used common sense, or because a firearm was present? Either way, the potential of a violent confrontation was diffused. Why? Because one of the parties threatened the others with murder, causing them to leave. You can’t just go around threatening to shoot people and then claim success that you have defused the situation. Threatening to shoot someone for no legal cause isn’t defusing a crisis, as one police officer in this thread has already stated, it is a crime. > [@](#): > > The lone home owner made it clear that he would defend himself, if necessary, against the 4 angry men. Whatever intentions the 4 angry men may have had when they began to approach the lone home owner ended when the lone home owner made it clear that he would defend himself, regardless of the 4-to-1 odds. He didn’t say he’d defend himself against a threat. He said he’d shoot if someone stepped off the sidewalk. That’s psychotic-level behavior, IMHO. > [@doorhinge](#): > > Why would the 4 angry men need to trespass on the lone home owners property? If you have a disagreement with a neighbor, do you shout out your disagreement from across the street? Actually, that’s a serious question. I’ve been to neighborhoods where that is the norm. > [@doorhinge](#): > > “Irregardless”? Since this is a discussion of semantics, the lone home owner did not say he would murder anyone. He said there would be another shooting. You assume that the lone home owner said he would murder one, or all, of the 4 angry men. Is it possible that the lone home owner meant he would fire a warning shot? The idea that the homeowner wasn’t actually threatening to shoot one of the four men is about the most absurd thing I’ve read on this board since you said that a maniac in a Walmart was just “trying out” his shotgun by loading it and racking it. No reasonable person can possibly interpret “if you cross the sidewalk there is going to be another shooting” as anything but a threat to shoot a person. That statement doesn’t mean that if the men cross the sidewalk, the homeowner is going to take a three week safari vacation where he’s going to hunt Cecil the lion, for example. > [@doorhinge](#): > > AFAIK, that discussion had already occurred while the 4 angry men and lone home owner had been shouting at each other. There was no reason for the 4 angry men to trespass on the lone home owners property to gather information. According to the homeowner, when the men approached, one of them said, “Are you the son of a bitch who shot my drone?” The homeowner then responded, “If you cross that sidewalk onto my property, there’s going to be another shooting.” There was no discussion that preceded the threat. You can’t just make up fantasy scenarios. Or can you? How do we know that the homeowner isn’t an ISIL sleeper operative who thought that the drone was US military surveillance of him building a dirty bomb? Hey, I’m just asking questions. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 3, 2015, 5:38pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/178 "2015-08-03T17:38:33Z")
I don’t get why the sidewalk thing is getting any attention other than it supplies another lame excuse for pro-gun and anti-gun people to retread all their old arguments. Give it up already, it’s boring. The main issue here is the drone - can you fly one freely vs. can a drone over your property be considered a trespass? ---
**Author:** ![YogSothoth](https://avatars.discourse-cdn.com/v4/letter/y/8edcca/32.png) [@YogSothoth](https://boards.straightdope.com/u/YogSothoth)\ **Post date:** [August 3, 2015, 5:41pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/179 "2015-08-03T17:41:33Z")
> [@doorhinge](#): > > (post shortened) > > It would also be nice if the drone owner had not lost the video that had been shot by his drone camera. How inconvenient. It was reported that the drone, it’s sim(?) card, and camera had been turned over to the drone owner. Now the drone owner can’t prove that he wasn’t videoing children and bedroom windows. I’m not sure how a drone works but is it possible the card was damaged by the shotgun? If the onboard memory is filled with holes, you’re probably not going to get much out of it Even if the drone owners were hiding something, can you think of a scenario in which the homeowner would be justified firing into the air like that? Let’s say 4 creepy weirdos were taking bikini shots of the guy’s daughters. I STILL don’t think he has the right to shoot the thing down ---
**Author:** ![doorhinge](https://avatars.discourse-cdn.com/v4/letter/d/a5b964/32.png) [@doorhinge](https://boards.straightdope.com/u/doorhinge)\ **Post date:** [August 3, 2015, 6:03pm UTC](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634/180 "2015-08-03T18:03:05Z")
> [@Ravenman](#): > > …He didn’t say he’d defend himself against a threat. He said he’d shoot if someone stepped off the sidewalk. That’s psychotic-level behavior, IMHO. > > If you have a disagreement with a neighbor, do you shout out your disagreement from across the street? Actually, that’s a serious question. I’ve been to neighborhoods where that is the norm. > > …You can’t just make up fantasy scenarios. Or can you? How do we know that the homeowner isn’t an ISIL sleeper operative who thought that the drone was US military surveillance of him building a dirty bomb? Hey, I’m just asking questions. (post shortened) In your fantasy scenario, the lone home owner said he’d shoot someone if they stepped off the sidewalk. The lone home owner did not say that. Since you admit that you realize people standing some distance apart do shout to each other, how else would they communicate effectively? Phone call? Hand gestures? Smoke signals? You can make up any fantasy you wish about the 4 angry men being ISIS operatives, or dirty bombs, but those are YOUR fantasies, not mine. [Previous page](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634.md?page=8) [Next page](https://boards.straightdope.com/t/kentucky-man-shoots-drone-gets-arrested/726634.md?page=10)