The homeowner was at fault because he used deadly force inappropriately. I feel sorry for him, now that he knows what he did, he must feel awful.
However, the kid used bad judgment too, thinking that his imposing frame would be a humorous apparition, in literally the middle of the night.
Overall, a terrible tragedy.
sorry but the kids bad judgment is not reason to make the home owner guilty. This is the Palm (we want a revote 2000) Beach Post.
The kid intended to create an apprehension of harm to the homeowner. That apprehesion is enough for the homeowner. This is no different than if the kid used an unloaded gun. There is no way for the homeowner to know.
The prosecutor's office would be stupid to bring this case because the kid will be put on trial. Then again the palm beach juries found a gun make liable, and then after it was overturned ended up saddling the widow with a million dollar legal bill. Look for the same anti-gun lawyer vultures to decend. (BTW many of those same lawyers have CCW)