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Thu Mar 22, 2012, 12:40 PM

Castle Doctrine legislation took another young life in WI on March 3

Friends said the 20-year-old had just left a party when the shooting happened. They told 12 News they believe a neighbor mistook him for an intruder and shot him to death.
It all happened on the 100 block of Kettle Moraine Drive.
Police said the homeowner called them saying he shot an intruder on his porch. But Morrison's friends, who were with him at the party that night, said Morrison would not have tried to break into the home.

Read more: http://www.wisn.com/news/30601812/detail.html#ixzz1prfCuTv1



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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:42 PM

1. du rec. nt

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:46 PM

2. We Are Going Nuts As A Nation.

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:49 PM

3. Crikey, I've come face to face with a burglar --

in my own home, yet I still refuse to get a flippin' gun, let alone use it. People are so fucking trigger happy in this country and THIS is what happens.

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:51 PM

4. Slinger homeowner won't be charged in fatal shooting

from yesterday's Milwaukee Journal Sentinel:

http://www.jsonline.com/news/ozwash/slinger-homeowner-wont-be-charged-in-fatal-shooting-9q4mdbl-143712626.html

"Bo Morrison was among a group of people who fled from an underage drinking party in a next-door garage and was hiding inside the porch when he was shot at about 2 a.m. March 3.

The homeowner acted lawfully and in self-defense when he armed himself, encountered Morrison in the darkened room and killed him with a single gunshot from a .45 caliber revolver, the statement from District Attorney Mark D. Bensen says. Authorities have not identified the homeowner.

Wisconsin's castle doctrine law presumes homeowners are justified when using deadly force against intruders.

The law, passed by the Legislature in November, covers places like patios, porches and garages."


Sad...

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Response to snacker (Reply #4)

Thu Mar 22, 2012, 12:56 PM

7. I've had strangers sitting on my front steps.

Some were kids mistakenly waiting on the wrong porch. One was an older guy that seemed confused. With these laws, would I be within my right to shoot these people dead?

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Response to shcrane71 (Reply #7)

Thu Mar 22, 2012, 01:01 PM

10. Unless if I'm mistaken, this was an enclosed porch.

Meaning that it was either left unlocked or was the lock was broken. The intruder "took a step towards the shooter" which could have either actually happened, or was perceived by the shooter.

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Response to chrisa (Reply #10)

Thu Mar 22, 2012, 01:20 PM

15. It was also a back porch, which may require trespass to access. nt

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Response to chrisa (Reply #10)

Thu Mar 22, 2012, 03:04 PM

16. or was a completely fabricated lie so he could blast away nt

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:53 PM

5. The story on itself looks bad from the homeowner,

but some other details could change this. For example, was the guy banging on the door, breaking a window, or doing something threatening to the homeowner?

I wonder if there's more to this story? Where was the homeowner when the 20-year-old was shot? Was he inside the house?

It's hard to form an opinion based on the little information in the article.

Edit: I just read post #4, and it seems like the 20-year-old actually broke into the shooter's house. Then, when confronted, the 20-year-old appeared to begin to charge at the shooter. I believe the home owner was justified, given that he didn't know what the 20-year-old's intentions were (and the fact that he was hiding). He probably could have used a less lethal approach, imo, but the home owner might have thought the 20-year-old was armed or had a knife.

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:54 PM

6. Here is a more recent article about this shooting...

And as sad as this is, the poor kid seems to have entered a enclosed porch room of the house at about 2 am. That could scare the crap out of anyone I think.

The law firm representing the homeowner, Mastantuno Law Office, released a statement Wednesday, saying, "Our client is saddened that some media reports have suggested that race played a role in this incident, or that he was looking for some type of confrontation, as neither was a factor during this very brief and scary encounter; if he could make it so that this entire event never occurred, he would do so in an instant.

"We believe that both Wisconsinís time-honored law involving self-defense and defense of others, and the so-called Castle Doctrine law recently passed would protect our client from prosecution for his response that night to the circumstances that confronted him. There was an unknown person who unlawfully entered an enclosed back room of his home, who surprised our client after he got out of bed to check the locks on his doors. His wife and children were sleeping in the home, and he reacted in an instant when this stranger came towards him."



http://www.wisn.com/r/30733039/detail.html

This one (though I still don't like these castle laws) seems different than the Trayvon Martin killing.

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Response to Little Star (Reply #6)

Thu Mar 22, 2012, 01:03 PM

11. Yes, it is very differant. Still an overreaction, IMO --

Last edited Thu Mar 22, 2012, 01:52 PM - Edit history (1)

He was carrying a gun to check the locks? How about yelling a warning, "Hey, you are in my house and I have a gun -- get the fuck out or I shoot!" Or how about a warning shot? The burglar I confronted in my house simply turned and ran the second I yelled at him to get the hell out.* I don't know about people, the very last thing I would want to do it kill someone and I would do everything in my power to make sure it was the very last option I used.

* On edit: I wanted to add that I am a 5'4 woman, not in the least bit intimidating looking.

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Response to Hell Hath No Fury (Reply #11)

Thu Mar 22, 2012, 01:11 PM

13. I agree. I don't think I could live with myself if..

I killed another person.

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Response to Hell Hath No Fury (Reply #11)

Thu Mar 22, 2012, 03:24 PM

17. I've been in a nearly identical situation.

I confronted a burglar who was outside my house, in the process of jimmying one of my back windows with a big flat-blade screwdriver. I saw what he was doing (the lights were off in that room*), flipped on the light, aimed my 1911 at him through the window, and yelled at him to get lost. He barely even hesitated before spinning around and bolting. I'm about the same size you are, but I wonder if he even really noticed anything but the pistol.

I too would be horrified to kill another human being. I would shoot to defend myself, but if the person died, it would still be an incredibly traumatic experience, regardless of how justified my actions were. I don't think any sane person really feels differently, for all that some may bluster about "the scumbag deserving it."

I think it's important to note, however, that what happened in my case was very much a legitimate "defensive gun usage." The guy may have skedaddled just as fast if I'd been unarmed (like yours did), but that's not a given. Some pretty good research indicates that the majority of defensive gun usages end like that: crime prevented but no shots fired. The assailant backs off in the face of potential deadly force being used against them.

*In fact, most of the lights were off, as I was relaxing in my basement reading nook. I am certain he thought there was no one home. That incident prompted me to leave a visible light on upstairs when I used that room. I'd never considered that before.

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Response to Lizzie Poppet (Reply #17)

Thu Mar 22, 2012, 04:20 PM

18. Are you sure he noticed your gun?


On edit: I've broken up a couple burglaries over the years with a simple, "what's up?" As in your case they fled without hesitating.

I was neither armed nor shouting at them to stop what they were doing.

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:56 PM

8. castle doctrine has a lot of problems

 

you could give someone a verbal reason to go visit someone (a stranger) then that person shoots them once inside

i've had a home invasion, in my bedroom while sleeping. I'm a sound sleeper, but the evidence was unmistakable. the cop told me there had been a rash of these, and a woman had woken up to be beaten with a tire iron in her bed. i doubt an attacker would have waited for me to put on my glasses to shoot him. he might have been planning this all night, i was sound asleep expecting nothing but the alarm clock next morning.

i would have to be prepared to have him call my bluff - i think many people who buy a gun dont realize this, that the person is either armed, or ready to call your bluff. it's unrealistic to display a gun and expect surrender, and if you dont follow through, there's a good chance that gun's going to end up the the hands of a criminal who doesnt want you as a witness. you have 10ths of a second to decide all of this, if you havent firmly trained it all out beforehand

i would have to decide, in a split second to kill a stranger, to have that creepy mess in my floor staring back up at me (a mouse in a trap freaks me out), until they cleaned it up (and there would be an unmistakable spot). to take endless time off work, to explain what happened (eve if there were a castle doctrine). I would have a family, perhaps with other criminal members, wanting personal vengence against me. i think even a person with 'clint eastwood' fantacies would learn this reality and have regrets, wishing it had never happened

i corrected the situation by putting a bar on the sliding glass back door

ANY OF YOU READING THIS, CHECK YOUR SLIDING DOOR IF YOU HAVE ONE, without a bar, those latches are a joke

home protection is best done by security. with a gun, you have a mess, notoriety, a stigma on your house if you sell it - you've practically married the person, if you shoot to kill, in terms of you being forever intertwined in fate. i sure as hell dont want that with a person that disgusts me

much better to have security to keep them away in the first place. without a castle doctrine, most juries are going to treat you fairly, if it even got past the DA at all

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 12:58 PM

9. Premature. I don't believe Wisconsin's Castle Doctrine, almost identical to California's, applies.

 

From the description the shooting victim was simply standing on the homeowner's porch. Unless he had busted his way in, e.g. through a locked porch door, there is no way this was a legitimate act of self-defense under Wisconsin law.

The law requires that an intruder entered the residence "unlawfully and forcibly" for the Castle Doctrine to kick in.

http://www.lakelandtimes.com/main.asp?SectionID=9&SubSectionID=9&ArticleID=14486

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Response to slackmaster (Reply #9)

Thu Mar 22, 2012, 01:07 PM

12. Seemed the underage drinker may have been hiding

from the police, and went into a covered porch.

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Response to shcrane71 (Original post)

Thu Mar 22, 2012, 01:12 PM

14. The guy had fled from police and was hiding in the enclosed back porch.

The partygoers fled from the garage. Morrison was seen running behind the house of the man who called police.

The man told investigators he heard noises by the back porch, thought someone might be breaking in and grabbed and his loaded revolver.

The light in the porch room was not on when the man opened the door and entered before encountering Morrison, who had been hiding behind the door between a refrigerator and a dresser.

The man then asked Morrison what he was doing there before Morrison stood up, raised his hand and took a step toward him. The homeowner then fired once, striking Morrison in the chest, according to the report, before yelling to his wife to call 911.


Do I think the homeowner should have shot the trespasser? No. But the 20-yr-old put himself in a very dangerous situation by trespassing into the back yard and then entering the enclosed back of this house. The wrong move after being confronted by a person protecting their family inside their residence could be your last.

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