Yes, Trespass might justify force (Sec 9.41) but not deadly force.cbucher wrote:The other thing that gets me is that the person was still sitting in his truck.
Maybe he was trying to run him over, assault with his deadly weapon truck, but still there's the run in the house/get out of the way option, assuming physical ability to do so.
Perhaps the deceased had a can of spray paint in his truck, threatening graffiti, criminal mischief at night, and the actor was attempting to prevent the imminent commission of such ... 9.42 (A)
Still .......
Or, perhaps the deceased was aiming his army surplus flame thrower at the 75 year old's house to "tease and harass" in a threatening arson manner.
I personally dislike those "Trespassers will be shot" type signs, and the mentality that goes with it.
But breaking into my house while I'm in it is inadvisable.
Standing outside my house and shooting into my house through a window or open door, prior to entering, also inadvisable; I can afford a new storm door glass and screen.
Stand outside a window unarmed and yell all you want, I'll turn up the TV, until police arrive to give you a ride..
