Guilty verdict in German exchange student's death

[waynesan]

http://news.yahoo.com/deliberations-resume-exchange-student-killing-062400337.html

 

 

 

MISSOULA, Mont. (AP) — A Montana man who shot and killed a German exchange student caught trespassing in his garage was convicted of deliberate homicide Wednesday despite arguing that a state "castle doctrine" law allowed him to use deadly force to protect his home and family.

 

[Oh Shoot]

Likely would have been convicted or some form of homicide here too.

 

- OS

[DaveTN]

As many of us have said before Castle Doctrine does not create a free fire zone; this is an example.

If this perp was burglarizing the house he got what he deserved and it’s too bad this guy was convicted. But I’m not familiar with what the claims were. Were they claiming this guy was not a burglar?

[Oh Shoot]

As many of us have said before Castle Doctrine does not create a free fire zone; this is an example.

If this perp was burglarizing the house he got what he deserved and it’s too bad this guy was convicted. But I’m not familiar with what the claims were. Were they claiming this guy was not a burglar?

 

Nope. Only that the homeowner basically lured him in and lay in wait. And announced that plan to others beforehand too.  Then shot the unarmed perp 4 times. In his garage.

 

Basically, was about what you and I always say - that the Castle Doctrine gives you the default presumption of being in immediate fear of your life. But circumstances can negate that presumption, if it can be clearly shown that it was not reasonable that you had that immediate fear. 

 

In short, as you say, it's still not a "free fire" zone. I always put it, "you can't execute someone", even if they are committing a property crime inside your home.

 

- OS

Edited December 18, 2014 by Oh Shoot

[Erik88]

Pretty sure this would have been legal in Texas right? They are one of the only states I know where you can use deadly force to stop property theft. 

[LagerHead]

Pretty sure this would have been legal in Texas right? They are one of the only states I know where you can use deadly force to stop property theft. 

 

The theft wasn't the issue. The fact that this guy basically ambushed the victims was.

[VERO1]

If I remember the report correctly, he baited the garage with by leaving a purse open in plain sight with money visible in it. He also apparently told several people beforehand what he was going to do, and they would see him on television. Not exactly the sharpest defense strategy.

[felinesNfreedom]

If I remember the report correctly, he baited the garage with by leaving a purse open in plain sight with money visible in it. He also apparently told several people beforehand what he was going to do, and they would see him on television. Not exactly the sharpest defense strategy.

 

Yes, that's what I read. He knew about the B&E's in the neighborhood. Left his garage door up a little with a purse showing to draw the potential theif into the house, When he was in the garage he shot him multiple times. He told his barber days before that he was planning on setting the trap so he could shoot the thief and that he should watch the news for the report. To me it's Premeditated murder no matter what state you are in.

[E4 No More]

He apparenly paused between the 3rd and 4th shot to get a better shot at the burglar too.

[jtmaze]

Wow. I haven't been following this story. If this is the case, he should have been convicted.


JTM
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