I think that unless it can be proven that the shooter/homeowner knew who the intruder was and/or set them up to be killed, which is basically what this guy did, it would be difficult to be found guilty in a situation like this. Unfortunately, for bad guys, but fortunately for good guys, I think the definition of forcible entry is pretty clear. Unless the entryway has no obstruction whatsoever, then force will always be required to enter. Even if a door is unlocked, force is still required to open that door. And while that drunk may have wandered into my house without any malicious intent, how am I to know that?baldeagle wrote: A stranger in your house is not necessarily a threat. It takes action to create a threat. The mere action of entering your house without force does not constitute a threat. It could be a drunk neighbor. It could be someone who was being pursued and ran into your house to find safety. Being too quick on the draw can put you in a difficult situation that can cost a lot in lawyer's fees. The circumstances of each case determine the justifiability of the actions you take. If someone is breaking down your door, then by all means shoot. If someone runs into your house through your unlocked door and screams Help me! Help me! then you might want to consider aiming the gun at the door rather than the person who entered uninvited. (Wisdom would dictate keeping a safe distance from them and keeping them within your sight range, because it could be a ruse.)
There's just too many variables to make blanket statements about when it's justifiable to use deadly force and when it's not. (I'm not saying that's what you are doing here.) The use of deadly force requires careful consideration, well before the need arises, to ensure that you understand what's justifiable and what's not.
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Return to “Montana: 70 years for man who shot thief”
- Fri Mar 20, 2015 2:08 pm
- Forum: Other States
- Topic: Montana: 70 years for man who shot thief
- Replies: 30
- Views: 5659
Re: Montana: 70 years for man who shot thief
- Fri Feb 13, 2015 7:04 pm
- Forum: Other States
- Topic: Montana: 70 years for man who shot thief
- Replies: 30
- Views: 5659
Re: Montana: 70 years for man who shot thief
The door was left partially open. Force would have been applied if he opened it further. However, if the deceased just slipped under without opening it any further then not.
- Thu Feb 12, 2015 10:46 pm
- Forum: Other States
- Topic: Montana: 70 years for man who shot thief
- Replies: 30
- Views: 5659
Re: Montana: 70 years for man who shot thief
The shooting wasn't as much of a problem as this.
He baited the guy. There was premeditated intent. Probably not a legal term, but you get the idea.Prosecutors argued Kaarma was intent on luring an intruder into his garage after it had had been burglarized at least once in the weeks before the shooting. Three witnesses testified they had heard Kaarma say he'd been waiting up nights to shoot an intruder.
On the night of the shooting, authorities said, Kaarma left his garage door partially open with a purse inside. He fired four shotgun blasts, pausing between the third and fourth shots, witnesses said.