MA. Homeowner charged with Murder for shooting "burglar"

[singlesix]

Cliff Notes:

• Teenager drunk, knocks on wrong door
• Homeowner shouts warning
• Teenager breaks glass on door
• Homeowner shoots through door
• Teenager dies later

Chicopee shooting leaves 15-year-old dead; homeowner charged with murder | masslive.com

 

[Roland of Gilead]

I would think in Indiana breaking into an occupied house is a force able felony so letheal self defense would be excusable.

If the is an exterior door between the home owner and the burglar, I guess he has not broke IN yet.

 

[actaeon277]

I would think in Indiana breaking into an occupied house is a force able felony so letheal self defense would be excusable.

If the is an exterior door between the home owner and the burglar, I guess he has not broke IN yet.

You also can stop entry into your house.

 

[singlesix]

I don't know if I would shoot through a closed door, then again some may think it stupid to allow a burglar entry before you shoot. Someone breaks my window or glass panel on my door and I'm thinking his coming in, hard call after the fact.

 

[voidsherpa]

I've never knocked on a door and once question if I'd break glass. Sounds like the "good" drunk was beating on it something fierce.

 

[BogWalker]

Three people outside my door at nearly 1:00 am, and one of them breaks the glass? I believe the homeowner is justified in making the kid eat a bullet.

 

[LP1]

Lots of failure on both sides. Even without the differences in MA law regarding duty to retreat, etc., the resident shot too soon.

 

[LP1]

Three people outside my door at nearly 1:00 am, and one of them breaks the glass? I believe the homeowner is justified in making the kid eat a bullet.

1PM - HUGE difference.

 

[BogWalker]

1PM - HUGE difference.

Shoot, you're right, I misread.

Yeah, that does make a lot of difference and is probably a big reason he was arrested on this.

Not a lot of home invasions in broad daylight. Much harder to justify that your life was threatened.

 

[voidsherpa]

1PM - HUGE difference.

So they mistake which house they are going to in broad daylight?

 

[frenchiectfd2203]

1PM - HUGE difference.

I didn't know crime stopped due to daylight.. To me it doesn't matter the time of day nor night. If a bad guy wanted to break down my front door no matter the time I would like to think the time of day wouldn't take into account if it was a justifiable shoot or no shoot scenario. Now I'm sure not all facts have come out yet. Crime doesn't go prone because it's daylight.

 

[singlesix]

So they mistake which house they are going to in broad daylight?

The kid was drunk.

 

[jamil]

Shoot, you're right, I misread.

Yeah, that does make a lot of difference and is probably a big reason he was arrested on this.

Not a lot of home invasions in broad daylight. Much harder to justify that your life was threatened.

When there's still a door between me and the bad guy, I'm not yet going to be convinced my life is in immanent danger. The guy was reckless for shooting that soon. Of course the teens were reckless too, but the penalty for breaking glass shouldn't be death.

But it sounds like they are over-doing it. Murder? It looks like in MA there are two degrees of Murder. First degree is premeditated, extreme atrocity, or while committing a crime. Everything else is 2nd degree, which carries a pretty stiff sentence. I can see some kind of reckless charge. But murder? No.

 

[BiscuitNaBasket]

I didn't know crime stopped due to daylight.. To me it doesn't matter the time of day nor night. If a bad guy wanted to break down my front door no matter the time I would like to think the time of day wouldn't take into account if it was a justifiable shoot or no shoot scenario. Now I'm sure not all facts have come out yet. Crime doesn't go prone because it's daylight.

Agreed. Last time someone tried to break into a house I was staying in, it was in the late morning 10am-1130am.

 

[jamil]

I didn't know crime stopped due to daylight.. To me it doesn't matter the time of day nor night. If a bad guy wanted to break down my front door no matter the time I would like to think the time of day wouldn't take into account if it was a justifiable shoot or no shoot scenario. Now I'm sure not all facts have come out yet. Crime doesn't go prone because it's daylight.

If it figures into the calculation of whether he would have a reason to fear for his life to justify using deadly force, yeah, I think it makes a difference.

 

[Alamo]

Shoot, you're right, I misread.

Yeah, that does make a lot of difference and is probably a big reason he was arrested on this.

Not a lot of home invasions in broad daylight. Much harder to justify that your life was threatened.

Most burglaries happen in daytime. They're not "home invasions" because most people work during the day and so their home is unoccupied. Which is why most burglaries are during the day. If you happen to be home, then it becomes, colloquially, a home invasion.

 

[ziggy]

Shooting through a door when you cannot be certain what you are shooting is a real dumb idea, day or night. The case will probably end with a plea to reckless homicide or something like that. This is a good case study in what NOT to do. IMHO

 

[singlesix]

Plea down to manslaughter?

 

[223 Gunner]

It's too bad all the way around. It will be interesting to see how this plays out.

 

[frenchiectfd2203]

Shooting through a door when you cannot be certain what you are shooting is a real dumb idea, day or night. The case will probably end with a plea to reckless homicide or something like that. This is a good case study in what NOT to do. IMHO

I fully agree that shooting through a door is foolish. I'm not saying he had any right until they bombarded in the house. However I do feel like since there was numerous persons at his door it could have stepped up the adrenaline knowing there was more than one person. But that's my opinion. And calculations with projected numbers mean crap to me when someone is attempting to break down my front door. And yes most home invasions, burglaries, breaking and entering.. Whatever you wish to call it. Fact of the matter is they picked the wrong door to try and beat down.