Full length of burglar with flashlight and crowbar in office corridor
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Waking up to an armed intruder in your house would be any home owner’s worst nightmare. If you’re a single mother with two young kids in the house, finding a man wielding a machete in your bedroom closet immediately kicks you into “momma bear” mode.

That’s what happened to a California woman who woke up to the sound of a man rummaging through her walk-in closet. The thief — Ocean Burger (his name, not a restaurant) — was armed with a number of knives and a machete when the un-named woman grabbed a handgun and confronted him.

From ksbw.com . . .

[Investigators] say Burger ignored orders to leave and when the homeowner fired several warning shots he allegedly advanced towards her, that’s when the mother fired at the accused burglar hitting him in the leg. And California law may be on her side.

Warning shots are never a good idea and could even put you in legal jeopardy in many jurisdictions. In this case, they not only wasted perfectly good (and expensive) ammunition, but probably led Burger to believe she wasn’t serious about actually shooting him.

After advancing on the woman, the round in his leg apparently convinced Burger that he was wrong.

The good news is California actually has a castle doctrine law on the books. The woman had no duty to retreat and was legally justified in using deadly force to defend herself and her children.

“There is a presumption that favors the homeowner they’re presumed that the person is in imminent fear of either death or great bodily injury,” said Ellen Campos, assistant district attorney for San Benito county. …

Investigators say they will not recommend any charges be filed against her.

Ocean Burger is currently recovering from his wound in the county jail.

 

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67 COMMENTS

  1. Disproportionate use of force. The intruder only had a knife. A big knife, sure, but only a knife (like the other ones he had on him). Bullets against knife is just unfair, probably racist, definitely inequitable.

    However, the woman did shoot the intruder only in the leg, like everyone should do. When attacked by someone with a less lethal weapon than you, wounding should be the norm, not “stopping the threat”.

    POTG are just a bunch of meanies, who like being mean.

    • aim for the crotch…nothing of value there on these scumbags…and need to stop them from creating more crotch-fruit like themselves

      • “aim for the crotch…nothing of value there on these scumbags…”

        Unless she’s been practicing, that’s a mighty small target to try and hit, Leigh…

        *snicker* 😉

      • I understand why anyone named Ocean Burch might be a wee bit upset, but still, no excuse for violence. Just hide.

  2. The problem with women gun owners is that many believe, they need permission, to shot and defend their own life. I wonder if she is one of the new gun owners from the last 12 months? I’m glad she got this guy. He should have been shot dead.

    She needs to attend a training class. NO warning shots. Not when the invader is already in your home.

    • Yeah, I’m thinkin’ she *missed* several times before a shot fired at his head hit him in the leg.

    • Chris T in KY,

      “NO warning shots.”

      I would advise most people to refrain from warning shots since those warning shots will likely damage their hearing.

      In terms of the legality of warning shots, my personal opinion is that they should be totally legal if the defender was legally justified to use deadly force. Whether or not some prosecutor or jury would interpret warning shots as somehow indicating that deadly force was not legally justified is a whole different problem.

      Disclaimer: the above is my personal opinion, not legal advice. Review your thoughts and questions about warning shots with a competent criminal defense attorney.

  3. Ok…watch the family of the scumbag try to sue her…some scumbag lawyer would take the case, too…it’s California, after all.

    • If he is convicted of felony breaking and entering, which is fairly likely, and possibly assault with a deadly weapon, the felony conviction will bar him from suing for his injuries. Yes, even in California.

      • But, the poor baby has already suffered enough, he’s kept his nose clean for months now, we should drop the charges before Harvard disenrolls him from law school, OK, NOW we can sue the homeowner and bankrupt her, turn him loose with her life savings and a clean record to push for more social justice! I mean, really? In her CLOSET? By the time the cops arrived I would have been tearing the house apart looking for more ammo, so I could shoot him some more.

  4. so…was her gun properly secured before she grabbed it?
    is her gun one on the approved list?
    sarcasm font folks…sarcasm

      • i could buy that. everybody knows glocks shoot low and left…

        Also, i like how the article ends a story about a mother using a gun to defend her kids by referencing another incident in the area where a man bludgeoned his wife to death. seems totally fair to relate those two issues.

  5. The introduction to Richard W. Steven’s 1999 book, “Dial 911 and Die: The Shocking Truth About The Police Protection Myth” has this caption: “Even the most advanced cell phone is no substitute (match for a good .38 Special!)”. Of course, we don’t know what type or caliber handgun this woman (single mother) used? On the net: JPFO, Inc. at http://www.jpfo.org. Dial 911 can be ordered from this site, and can likewise be viewed online at You Tube.

  6. Definitely a KILL situation…
    never wound any one, either KILL or spend the rest of your life in court, or lose everything you have… WORD.!

    • @ NORDNEG….Plus she now has to look over her shoulder always wondering if this jackazz chyet turd is out for retribution….it’s California, he will be out on the street in no time. Hell he’ll still probably sue her for the leg wound and claim a life of disability on the taxpayers dime!

    • “Treat men generously, else destroy them. They take revenge for slight injuries. For deadly ones, they cannot.”
      Niccolo Machiavelli, “The Prince”

  7. “Treat men generously, else destroy them. They take revenge for slight injuries. For deadly ones, they cannot.”

    Good ol’ Macc. Always count on him for a few laughs.

    • Well, yes, but no? I mean, a shotgun is a great choice in this scenario. Plus, she could have just fired the shotgun in the air and he would have given up. For sure. Commander in thief says so.

      But seriously, shotgun and save ammo.

  8. I predict that there will be a swelling tide of support for Ocean. A GoFkMe page is probably in the works to restore his lost income. The State will supply the drugs that he was trying to fund through equity redistribution. The homeowner will be found guilty of many California specific firearm violations…she will lose her children, her home and any savings that she may have put away. The children will be raised by the State, her home will be given to Mr. Burger and her savings will be used to further SJW causes…thus sayeth the Ninth Supreme Court.

  9. Whata-Burger, a King of wealth redistribution, now sadly reduced to recovery in the gray bar hotel and subsisting on three square Krystals a day while waiting on time and tide of the Ocean to send a Soros AG to rescue him, or the Hamburglar with a hacksaw to free him from the slings and arrows of outragious ketchup leaking from his leg. Sadly the Onion won’t cover it leaving him in a pickle.

      • IN this case, it is. Although the castle doctrine is not statutory, it provides that a person breaking and entering without permission of the owner is presumed to intend on causing serious bodily harm or death, and that the homeowner/occupant is therefore privileged to use deadly force. This presumption has few exceptions, none of which apply here. The presumption places the burden of proof on the prosecutor to prove beyond a reasonable doubt that the owner/occupant was NOT acting in lawful self defense. There are few cases in which the prosecutors even try, and fewer still where they succeed. This woman will not be charged.

    • Deescalation techniques? Of COURSE she did! She SHOT the mofo, just deescalated the shit out of that confrontation, didn’t it!?

    • Ranger Rick,

      The mom was clearly in the wrong since she failed to call for a Social Worker before escalating to deadly force.

  10. On Guard Mount as a young Pfc., the Sergeant of the Guard ask where a warning should be aimed. I replied center mass of the individual in question. I was made the driver that shift and didn’t have to stand guard in the cold that night.

    If the situation warrants firing your weapon, then it is justified to fire until the threat no longer exists.

    The mother here may have been told wrong by family or friends or Joey Biden about warning shots. A machete is a lethal weapon and in the close quarters she faced the intruder, he could have covered the space quickly and seriously wounded her or killed her. A machete as we all know can be used to remove your head or other appendages easily.

    Doug Marcaida has shown how someone armed with a knife can win against a someone armed with firearm. Granted he is a professional in martial arts, but many ill mannered people are just as efficient.

    Bless this woman and I am happy her and her children are not hurt.

  11. Ocean Buger ??
    Musta been coastal Native Americans that had their teepee pitched close to a McDonalds.
    Why do you ask Two Dogs Fcking
    Oh dear ! !
    No not deer, run to fast, azzhole to high.

  12. I used to find that dude hiding in my bedroom’s closet all the time after work. The guy was able to get in there without my wife knowing anything, incredible skills, very friendly dude too my wife liked him a lot.

  13. It took a year of range training to teach my mother to not shoot the crotch.
    She was 70 and was armed with a S&W 686 Plus.
    Every week after work I would take her to the range.
    Every week she would shoot the crotch out of silhouette targets.
    After a few months of saying higher, we thought mom had some sort of mental issue.
    The 686 was loaded with .38s or .38+Ps, that’s about all a 70 year old woman could handle.
    .357s were out, way too much for her.
    Now at 87 she is able to handle a 9mm M&P.
    She has no problem putting them all center mass.
    I have pity for anyone who comes at her with a machete.
    Especially someone named Ocean Burger.
    When he’s not breaking into peoples homes, he’s on the menu at Long John Silvers.

  14. A gun vs a knife is justified. It is not unlawful use of force. A knife is a deadly weapon, and she has every right to shoot him. Also, shooting in the leg can kill very easily. Legs have arteries inside, and when cut will bleed.

    • Who cares about “justified”? A guy comes at me, in my home, with a frying pan, club, knife, gun, or baseball bat, My intention is to survive the encounter, and for my family to survive as well. So, shoot until empty, then reload and repeat, look for more ammo. When out of ammo, render aid for 45 minutes or so, then call 911. If he sues me, I didn’t do it right.

  15. Stupid bleeding heart liberals. She should’ve put two in his chest. Now she’ll have to worry about him coming back for revenge.

  16. I wonder if the shot placement was a result of trying to help the bullets out of the gun like they used to do in the old B&W movies to que the sound effects guy…or…she was a really bad shot…or…she hit what she was aiming at.

  17. There should only be one story for the police when they arrive… the homeowners. Now she has a competing story to deal with.

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