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You have to have a reasonable belief that the occupants are threatened, which is not the case here.
I would have no doubt that I would feel quite threatened if somebody came into my garage at night. They are obviously not there to borrow a cup of sugar or have a cup of coffee.
Pflager told Missoula City Police Officer Olds that they had been burglarized two times within the last three weeks. She said that she placed a purse with personal belongings that she had cataloged in the garage “so that they would take it.”
Got it. They set a trap to help the cops CATCH the burglar. If you planned to kill the burglar you would not catalog the personal belongings.
I must confess I have not read all the details about this. But where does a credible source say he set a trap?
The prosecuting attorney's affidavit.
Mr Kaarma told people he was staying up waiting for robbers who'd broken into his garage to return. He stated he intended to kill them. Mr Kaarma set up a system of motion detectors and baby monitors to alert him when someone entered the garage. Mr Kaarma left the garage door open so that the robbers would have easy access. Mr Kaarma's girlfriend left a purse in the garage in plain sight to lure in robbers. When the monitors alerted him, his wife used her cell phone to take pictures of the images the baby monitors were capturing. She used her cell phone to do this, rather than calling 9-1-1. Mr Kaarma, who had his guns at the ready, rushed outside to the open garage. The person inside called for him to "wait", but Mr Kaarma fired into the dark garage. His girlfriend, seeing how dark it was, went back in to turn on the exterior lights, but before she could get to the switch, Mr Kaarma fired again. Mr Kaarma claims he fired high, but the gunshot pattern shows that to be untrue. He fired a total of four times in a sweeping motion, hitting the intruder twice, mortally.
He got shot before he completed his act. If a bank robber gets shot before he gets the money he is still a bank robber.
So you think he was in the garage because he was lost? Or looking for a restroom?
If it's so important to defend lying in wait to kill burglars instead of trespassers, you should tell Whipper Snapper so you two can support ambushing people for the same reasons; he's the one who called it criminal trespass, after all. Me, I don't think it's okay to lie in wait for the chance to kill burglars OR trespassers. Satisfying and tempting, maybe, but not okay.
I would have no doubt that I would feel quite threatened if somebody came into my garage at night. They are obviously not there to borrow a cup of sugar or have a cup of coffee.
I'd just be (and have been) pissed off. Not scared, though.
If it's so important to defend lying in wait to kill burglars instead of trespassers, you should tell Whipper Snapper so you two can support ambushing people for the same reasons; he's the one who called it criminal trespass, after all. Me, I don't think it's okay to lie in wait for the chance to kill burglars OR trespassers. Satisfying and tempting, maybe, but not okay.
You can't "lie in wait" in your own house - you live there!
So why do you think he set a trap "with the sole intention of killing someone"?
I was responding to the posters comments to the effect of how that works in castle doctrine. It was general, and not intended as an accusation against the guy in this case. Plus I just placed an opinion of what I , personally, think about setting traps. Without giving the would be sneak thief to much credit . :-). No indictments were intended.
You have to have a reasonable belief that the occupants are threatened, which is not the case here.
The homeowner set a trap. With the intention of murdering whomever fell for the trap.
That's not reasonable or rational behavior.
" The defense of ANY "occupied structure" is allowable under certain conditions. Now, did those conditions prevail in the Missoula case?"
What part of "under certain conditions" do you not understand?
Besides, if somebody is in my house, uninvited, after dark, without turning any lights on, I think I can safely assume that he or she intends to do me or my family harm in some way. I will take whatever steps I feel necessary to remove that potential threat BEFORE it becomes an ACTUAL threat!
Yes, those steps may include deadly force. Stay out of my house uninvited, and there will be no problem.
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