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Yes. Trespassing is when you cut across my front yard without my permission but are not inside the house.
Try again. I think home invasion involves more than entry to the house. And honestly, I think a lot of us, though not all of us, make a distinction between "in the house" and "in the garage". That's why garage square footage isn't included in house square footage for real estate purposes, because for a garage's square footage to be counted, it has to meet certain criteria that a house's square footage already meets.
And again, the bottom line is whether you think the homeowner was right when he set a trap with the intention of killing whomever fell into that trap, or if you think the homeowner was wrong when he set a trap with the intention of killing whomever fell into that trap.
Is that why every industrialized country has less burglaries than the US? I am afraid we have a problem with this more than any other industrialized nation. Lol
"Try again. I think home invasion involves more than entry to the house."
I disagree. "Home invasion", to me, means that somebody entered my domicile without my permission. That includes ANY part of the house that is within the outside walls.
In fact, the Montana law is quite clear about the issue. Montana Gun Rights - An Overview of Gun Laws in Montana
Note the text of MCA 45-3-103. The defense of ANY "occupied structure" is allowable under certain conditions. Now, did those conditions prevail in the Missoula case? We won't know until the jury decides. Hopefully, the jury will decide according to THE LAW, not emotions.
Mr Kaarma should have left it to the law. He could have shut that garage door with the young man in it and called the police. He could have held the lad at gunpoint while his wife called the police, surely that's preferable to taking the life of a 17yr old?
If a home owner dropped a $20 bill on his front lawn, would he be within his rights to kill the pedestrian who tried to pick it up?
"Try again. I think home invasion involves more than entry to the house."
I disagree. "Home invasion", to me, means that somebody entered my domicile without my permission. That includes ANY part of the house that is within the outside walls.
In fact, the Montana law is quite clear about the issue. Montana Gun Rights - An Overview of Gun Laws in Montana
Note the text of MCA 45-3-103. The defense of ANY "occupied structure" is allowable under certain conditions. Now, did those conditions prevail in the Missoula case? We won't know until the jury decides. Hopefully, the jury will decide according to THE LAW, not emotions.
I think you've misread the law.
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.
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.
A lot of states define any person coming into a home uninvited is reason enough to give reasonable belief that the occupants are threatened. It's the entire premise behind castle doctrine. From what I've read, Montana has a bit of a hybrid castle doctrine. Tough case from a legal standpoint. Morally, this homeowner was wrong. Legally, I think it's a bit more complicated.
Try again. I think home invasion involves more than entry to the house. And honestly, I think a lot of us, though not all of us, make a distinction between "in the house" and "in the garage". That's why garage square footage isn't included in house square footage for real estate purposes, because for a garage's square footage to be counted, it has to meet certain criteria that a house's square footage already meets.
And again, the bottom line is whether you think the homeowner was right when he set a trap with the intention of killing whomever fell into that trap, or if you think the homeowner was wrong when he set a trap with the intention of killing whomever fell into that trap.
Setting a trap, any trap, with the sole intention of killing someone, even a thief, is class A murder. With special circumstance of laying in wait. There is no lawyer on Earth that would relish the thought of mitigating the charges in a case like this. I am all for defending yourself in your home and while in public, but I can't buy off on setting up a lethal set of circumstances to lure in a perpetrator with killing in mind.
I can't support WANTING to kill someone, so bad, as to set any trap for any random bone head who takes the bait with intent to kill said bonehead. That is illegal, even under Castle Doctrine. The reason s why are obvious. That said, it doesn't pay to be a sneak thief.
"Shortly after midnight, they heard a sensor alert indicating someone was in their driveway and then a sensor alert that someone had entered their garage. Pflager pulled up images from a video monitor with a live stream from the garage and observed a male inside the garage.
He assumed that he had a knife or a tool from the garage, however, he could not be sure because the garage was pitch dark and couldn’t see anything inside.
He [Kaarma] stated he didn’t want the male to get away and that he wanted him to be caught. He stated that the police can’t catch burglars in the act.
Pflager [wife] stated that after Kaarma reached the open garage door, she heard Kaarma say “hey, hey” and heard him chamber a shell into the shotgun. Pflager then heard the male in the garage say “hey” or “wait” and then Kaarma fired two shots into the dark garage. She realized how dark it was and went to turn on the exterior lights. Before she turned the lights on, he fired two more shots.
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.”
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