Posted on 10/23/2007 7:11:34 PM PDT by sdk7x7
Police say a Putnam County homeowner shot and killed a man who he thought was trying to break into his home while his family slept. State police charged Peter Guerriero, of Putnam Lake, with manslaughter Monday in the death of 32-year-old David Schachnow, of Southeast. They say the 42-year-old Guerriero shot Schachnow in front of his house early that morning on a walkway that leads up to the front door and a deck. Schachnow was pronounced dead at 3:58 a.m. at a local hospital. State Police Capt. Keith Corlett says that it does not appear that Guerriero intentionally caused Schachnow's death, "but recklessly did it." Guerriero's attorney refused to comment on the charges.
(Excerpt) Read more at newsday.com ...
More of the story can be found at: http://lohud.com/apps/pbcs.dll/article?AID=/20071023/NEWS04/710230371/1023/NEWS07
I misread the headline as ‘respected burglar’.
What? You shot a pillar of the criminal community, one of the police department’s best customers? What will they do now when they have to round up the usual suspects?
Obviously, the homeowner doesn’t listen to G. Gordon Liddy. He has said if you find yourself in such a situation, make sure to drag the body in the house before authorities get there.
(Yes, I know the weaknesses with such a maneuver.)
“shot Schachnow in front of his house early that morning on a walkway that leads up to the front door and a deck”
Ummmm....not familiar with NY laws, but this could very well be a “bad shoot”.
A lot of folks don't respect cops and sometimes think they're not very bright, don't bet on it.
I don’t know anything about NY state laws but I don’t think you can just shoot anyone who is on your property but outside the house. I remember one incident when a friend of mine woke up in the middle of the night and there was a drunk man wandering around his backyard. He just called the police and they hauled him off.
I thought the suspect had to be *inside* your home before you could kill them. Shooting them outside your home is illegal. They could just be a neighbor asking for flour, for example.
What a total POS article.
How about not reporting until you have something to report. Why was the dead man in the guys yard?
There’s more to this than is being told. No place in the US can you shoot someone for merely trespassing or attempted B&E.
Can’t tell what happened by just reading that story. Hard to imagine what the guy was doing at that hour but there is always the chance that he had an emergency and was trying to get help.
In other words you can’t shoot someone just for being on your property at night unless you have solid evidence he is trying to harm you.
did the G-man really say THAT??? I would have thought he would have been more clued in than to recommend that 1950s SOP bull$hit.
The shooter is in big trouble!
Correct for trespassing. Incorrect for attempted burglary. Castle Doctrine. You can defend yourself and your property with lethal force. You do not have to retreat. That said, engaging a burglar in a detached garage is a grey area and there are lots of them. If you go armed to investigate and are confronted with an armed perp., good shoot. If you go to investigate and find a drunk digging through your stuff, bad shoot. It's best to defend yourself, your family and your property at your homes interior perimter, WITH EXTREME PREJUDICE (in my opinion). Otherwise, arm yourself, call the police and be ready for anything while watching your stuff get stolen.
Texas.
I thought you have to "hail the house" in Texas after dark or you are fair game to be shot.
Whose Hail? Oh, you mean like, "When the hail are ya gonna let me in?"
Not enough information.
LOL!
The biggest comment at this point is there is not enough information to comment knowledgeably.
Diagrams of the home, neighborhood and etc would help immensely.
The nature of the encounter,the circumstances of any verbal or physical exchange between the two men would all make a big difference in the view of the 'autoritees' on whether or not they would investigate and prosecute the homeowner.
Right now from the story it sounds like it was not a "clean shoot" ie man breaking a window glass or door etc.
It does not make it a "bad shoot" just that the 'autoritees' smell vulnerability.
With more details I will cheerfully spout off to the dismay of the gung ho "hang em high" crowd.
Best regards,
We were told that if we shot and killed someone entering our homes, or if we caught them walking out the front door with our TV set, jewelry, or life savings, we didn't have the right to shoot them. It was only if he was inside your home, and attacking you or another person with a weapon, that you were legally able to use deadly physical force to stop him.
Years ago I had an acquaintance whose husband used to beat her up. They were separated and she had restraining orders on him, but he'd still show up and get nasty with her. She asked the cops what would happen if she ended up killing him in her home, and the cops told her, that she'd better make sure he was found with a weapon in his hand, or she would be going to jail. Pretty crazy statutes if you ask me. I've been retired for almost four years now, so I have no idea if the laws have changed, but I highly doubt it, especially in light of this guy's being charged with manslaughter for killing a man ON his property.
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