Analysis of a Self-Defense Shooting

[Bill Mattocks]

Here's a good example.

http://articles.wsbt.com/2012-10-09/homeowner-shot_34347906

Elkhart homeowner cleared of wrongdoing in shooting death of home invader
October 09, 2012|By Kelli Stopczynski ([email protected]) | WSBT-TV
ELKHART – What would you do if you found strangers breaking into your home in broad daylight?

An Elkhart man told police he “feared for his life” and had no choice but to shoot.

Elkhart County Prosecutor Curtis Hill cleared that homeowner of any wrongdoing Tuesday and charged 4 teenagers with felony murder in the alleged break-in, even though none of them pulled the trigger that killed a 21-year-old also apparently involved in the attempted burglary.

It was a split-second decision at approximately 2:32 p.m. on Wednesday, October 3.

“This man took action that he felt was necessary at the time without being in a position to think about it," Hill said about the homeowner. "He had to react instinctively as to what he felt was appropriate at the time.”

Because of those instincts, the man who lives at that home in the 1900 block of Frances Ave. in Elkhart forever has to deal with the fact that he took a life.

And 4 teenagers will be tried as adults for felony murder. Hill said Indiana law allows him to charge them with murder because Danzele Johnson, 21, died during the alleged felony burglary.

There are some good points here.

First, you can be a target at any time. Day or night. You might want to have a plan, training, and understanding of the laws of self-defense and deadly force where you live if you choose to be armed.

Second, decisions like this are made in moments; the consequences may be with you for the rest of your life. Whether charged with a crime or not, many human beings find it difficult to deal with the consequences of having taken a human life, especially that of a young person, a child to some ways of looking at it.

Third, illegal actions sometimes have consequences far beyond what a person may first imagine. I am certain that these young men did not think they would be facing death that day. And I'm just as certain that they didn't think they would be facing a capital murder charge.

He said the 54-year-old homeowner, who lives alone, was napping upstairs in his bedroom when he heard a noise downstairs. That’s when he grabbed his pistol and cell phone and went to check it out.

Investigators said the homeowner found several intruders, some armed with knives from his own kitchen. Then, he started shooting.

Once he felt he was no longer in danger, the homeowner called police and advised that medics were needed to treat Johnson, who was later pronounced dead at the scene and 16-year-old Brandon Layman who the homeowner shot in the leg. Layman was transported to the hospital, treated and later arrested.

The kids signed their own death warrants. They armed themselves with knives from the victim's kitchen. That was a fatal mistake for one of them. Who would not be in REASONABLE fear of their life if they found their home invaded by five armed young men?

So again...

1) Know the laws of your state.
2) Have a plan.
3) Understand that if you use deadly force, rightly or wrongly, your life will never again be the same.
4) If you feel you can break into people's houses, you may die for your error. Either at the time, or put to death by the state later.

These kids probably did not know that in many jurisdictions, if you commit a felony (the burglary while armed) and someone dies as a result of it (even a member of your own crew), you can be charged with capital murder, even though you did not kill anyone yourself. Even the kid driving the getaway car - he might find himself facing the Death Penalty for his part in the crime. He never meant to kill anyone, and none of his friends did either. He never harmed a single person. Doesn't matter. The law says he can be charged and if found guilty, put to death. Pretty high price to pay for being so stupid so young. About the only thing that might save a few of them is if they are under 18. The state of Indiana does not apply the Death Penalty to those under 18.

 

[oftheherd1]

Interesting read Bill. Things like this happen. To me, it is better than reading of a home owner who is found dead in his home, of an apparent burglary; no suspects at this time. I was surprised that a newspaper would comment on the home owner having to live with the fact he had killed someone. Not that in fact some people do feel remorse after injuring or killing an assailant, but that the newspaper would have said so.

I hope the home owner feels little to no remorse, or gets over it quickly. God only knows what the assailants would have done had the owner rushed down and confronted them unarmed.

But, all your comments are valid. We must always be prepared and know what we will do in those or similar situations, and that we can live with all the possible consequences of those actions we ready ourselves for.

 

[Bill Mattocks]

God only knows what the assailants would have done had the owner rushed down and confronted them unarmed.

I agree with you. And while some may second-guess and say it is at least possible that they would have done nothing more than burgle the place and leave, we don't know that. The fact that they were very young and that they armed themselves only after they broke in seems to say to me that they were inexperienced; it's hard to burgle when you have something in your hand already.

However, the homeowner could not know what their true intent was, any more than we can from the comfort of our homes now. He knew what facts he had in front of him. He heard someone breaking in, he armed himself and went downstairs, and found five intruders, some armed with knives. One can pretty easily see that he was legally and justifiably in fear of his life, no matter what the burglar's intent might or might not have been. He had to make a split-second decision, and he did. If he had told them to stop and drop their weapons, that he was armed, one of them might have had a gun. They might have been on drugs and rushed him. There might have already been people upstairs who were now behind him undetected. Etc. He made a choice.

Now he has to live with that choice. Those burglars also have to live with their choices. One of their friends is dead due to their own stupidity. Their lives are essentially ruined forever; they will never have the chance to grow up as normal young adults and go to college, find love, get married, settle down, etc. At best, they will have crap lives living on the fringes of society as convicted felons; at worst they could be put to death for what they have done, even though they personally killed no one. What a price to pay - what a price for everyone involved.

Defending yourself is serious business. I posted this in hopes people would kind of get that idea. There's nothing simple about it, even when you make the legal choice to end someone's life by defending your own. I know you get that, I'm just adding to the commentary.