MA: Drunken Teens Attempt Break in. 1 Shot, Homeowner Charged

Gun Watch ^ | 19 July, 2016 | Dean Weingarten

[marktwain]

Massachusetts has a very weak "castle doctrine" law.  It provides for a defense that can be hard to prove.  It may provide little protection for the homeowner in this case.


Three young males, at least two of which had been drinking, approach a dwelling and pound on the door.  The door is locked. The resident "tried to communicate".  At least one continues to pound on the door.  The resident calls 911 to report an attempted break in. Someone (presumably the person pounding on the door)  breaks out some glass.  The resident, fearing a home invasion, fires through the door, striking a 15 year old suspect who later dies.  The resident is charged with murder. From masslive.com:

"It was determined that three parties went to the residence believing it to be (the home of) a friend. One party, the victim, was banging on the outside door, when the homeowner shot through the door, striking the male," Wilk said.

Investigators found the victim and a friend were drinking alcohol at a nearby home. The two friends were confused while walking in the neighborhood and believed they had arrived at the home of another friend, said James Leydon, spokesman for Hampden District Attorney Anthony Gulluni, said.

Lovell, the homeowner, tried to communicate with the victim, who was still knocking on the locked door, Leydon said.

"When a pane of glass broke, the suspect fired a single shot, striking the victim," Leydon said.

Notice the way the article is written after the fact.  The homeowner could not know that the people who were breaking in were drunk and disoriented.  He "tried to communicate", but they persisted to the point of breaking glass.

The article even goes so far s to use the passive voice "when a pane of glass broke".   Why not: When a pane a glass was broken?  If the victim did not intend to break the glass, I would expect some pretty heavy pounding on the door to cause a pane of glass to "break".

Note that the 15 year old was already engaged in illegal activity, underage drinking.   But in Massachusetts, there is no presumption that some one breaking into your home reasonably puts you in fear for your life.  You have to prove that.

Comments at the article indicate that the 15 year old shot may have a history.  From the comments:

Springfield 61 10 hours ago

Some of us know those kids. Assuming they weren't to be feared is a blind statement. They were under the influence, walking down the street yelling and not only continued to bang on the door but apparently broke the glass. The homeowner did call 911 to report the attempted break in. Any one of us could have been that homeowner and could very well fear for our safety. I'm not saying that the homeowner should have shot a gun but again we weren't there. For the people who assume 15 year old kids aren't to be feared haven't been around today's youth. People don't know their backgrounds and there is more to the story than has been reported. It is still under investigation.

The Massachusetts castle doctrine is stated at this site:

Massachusetts General Law, Chapter 278, Section 8(a): In the prosecution of a person who is an occupant of a dwelling charged with killing or injuring one who was unlawfully in said dwelling, it shall be a defense that the occupant was in his dwelling at the time of the offense and that he acted in the reasonable belief that the person unlawfully in said dwelling was about to inflict great bodily injury or death upon said occupant or upon another person lawfully in said dwelling, and that said occupant used reasonable means to defend himself or such other person lawfully in said dwelling. There shall be no duty on said occupant to retreat from such person unlawfully in said dwelling.

Compare it to  the law in Colorado, CS 18-1-704.5:

18-1-704.5. Use of deadly physical force against an intruder.

(1) The general assembly hereby recognizes that the citizens of Colorado have a right to expect absolute safety within their own homes.

(2) Notwithstanding the provisions of section 18-1-704, any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.

(3) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from criminal prosecution for the use of such force.

(4) Any occupant of a dwelling using physical force, including deadly physical force, in accordance with the provisions of subsection (2) of this section shall be immune from any civil liability for injuries or death resulting from the use of such force.

I recall a similar case in Colorado, where a drunk was dropped off at the wrong house.  As in this case, the homeowner called police.  As in this case the homeowner told the drunk to leave.  As in this case, a window was broken, and that is when the homeowoner fired and killed the drunken man.  In that case, the drunk was said to be reaching inside.  I do not know if that happened in the Massachusetts case.

The Colorado prosecutor determined that the homeowner was justified, and no charges were filed against him.  Under Massachusetts law, the homeowner is allowed a defense after charges are filed.  He also faces civil liability.  In the Massachusetts case, the homeowner is in for a rough ride, and may end up impoverished and bankrupt.

Know the specific laws in your state.  

©2016 by Dean Weingarten: Permission to share is granted when this notice and link are included.
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[marktwain]

From the Homeowners viewpoint, he faced three hostile people attempting to break into his home. He had called the police. Three to one id disparity of force.

[Jim Noble]

he faced three hostile people attempting to break into his home. He had called the police. Three to one id disparity of force

I have a Class A Massachusetts License to Carry. You are quite correct about disparity of force.

But I don't think that MA is the only state where you can't shoot through the door.

[Red in Blue PA]

If you can’t defend it, you don’t own it. This applies to your home, car, purse, wallet...even your body if a woman. If you must comply at the point of a gun, you don’t own any of these things though you may believe you do.

And if it is the case where you cannot legally defend these things, you need to move. Period.

[Red in Blue PA]

What they need to do is send some drunk teens to the homes of politicians late at night.

[ronnie raygun]

The liberals have hog tied the citizen. You are unable to protect yourself and if you do YOU will be the one in jail not the perp

[Tupelo]

“What they need to do is send some drunk teens to the homes of politicians late at night.”

Guaranteed to get some dead teens.
They live under different rules than we do.

[irish guard]

Correct on shooting through the door. Wisconsin has a castle law and the jerk/asshole/evil intruder has to be inside.

[grania]

I'm baffled. Three intruders and the homeowner can't use force after they broke his window? He's dead if it reaches three to one in his house.

What jury would ever convict him?

[Eric in the Ozarks]

MA voters gave us John Kerry, Ted Kennedy, etc.
I wouldn’t care to have my fate decided by the likes of them.

[Paisan]

The liberals have hog tied the citizen

This is particularly the case in MA. The rich “Limousine-Liberals” in Boston passed laws MANY years ago to protect their spoiled progeny against legal recourse.

Even car theft, in MA, is considered ‘ unauthorized use of an automobile’.

[2ndDivisionVet]

Joe Horn shooting controversy
https://en.wikipedia.org/wiki/Joe_Horn_shooting_controversy

[I want the USA back]

Legitimate self defense. It’s irrelevant that the kid thought he was at the home of a friend.
MASS has rejected a very basic principle of human nature.

[katana]

Kind of a threshold doctrine. They need to be past your threshold and inside the house or apartment to be considered an immediate threat. Not surprising that’s the law in Massachusetts. But unless I’m mistaken it’s the same in many if not most other States. Texas is a famous exception. But on the other hand, they only just began permitting Open Carry this year. So every jurisdiction is different.

[BuffaloJack]

Shooting THROUGH a door means not being sure of your target and what is beyond.
Being scared is not an excuse. Men in combat are scared, but they still control their situation.

[Red in Blue PA]

In MA, the law states the gun must be locked up at all times. WTF is the point of having a gun if it is locked up?

I presume this law also applies to the bodyguards of the politicians/s

[Vinnie]

North Carolina also. Plus he better be facing you .
If it was determined he was trying to get away you might have a legal problem.

[sport]

The only time one should shoot blindly through a closed door is if said door is to one’s bedroom and one is in there. Otherwise it is better to wait until one gets a clear view of the target, or perp. As this man is about to learn the hard way.

[Fred911]

In the people’s Republic of New Jersey, this home owner would be in Deep Sh1t.....we are trained to be good little victims here.

[Jim Noble]

In MA, the law states the gun must be locked up at all times

Section 131L. (a) It shall be unlawful to store or keep any firearm, rifle or shotgun including, but not limited to, large capacity weapons, or machine gun in any place unless such weapon is secured in a locked container or equipped with a tamper-resistant mechanical lock or other safety device, properly engaged so as to render such weapon inoperable by any person other than the owner or other lawfully authorized user. For purposes of this section, such weapon shall not be deemed stored or kept if carried by or under the control of the owner or other lawfully authorized user

We report, you decide.