Widow sues homeowner in husband's death

Buffalo News ^ | January 15, 2011 | Dan Herbeck

[Red Badger]

Was the deceased committing a crime?.....

[netmilsmom]

>>”This is a case that people will have strong feelings about one way or the other, but people need to keep in mind that David wasn’t a criminal. David was an award-winning elementary school teacher whose life was cut short,” he said.<<

And a drunk who walked into a stranger’s house then proceeded to start up the stairs towards the homeowner’s wife.

Yeah.

[ThunderSleeps]

...shot and killed as an intruder in an Amherst home...

The lawsuit accuses David D'Amico of the "willful, intentional, malicious" slaying of Park, and acting "without just cause [or] provocation."

I'd call being an intruder in someone's home more than just cause and provocation. Any intruder in my home is going to die. This day and age, you don't know what kind of h**l someone breaking in may be prepared to inflict. I'm not going to give up an advantage in the element of surprise, I'm going to act to defend myself and my family who by definition are in mortal danger from any intruder. Too many home invasions end with the people in the home dead. Not me or mine.

[ThunderSleeps]

David wasn’t a criminal.

Yes, he was, the moment he entered the home.

[KarlInOhio]

The most generous case for D'Amico was that he was a confused drunk (0.18 blood alcohol level) stumbling into the wrong house and refusing to leave when told to do so by the homeowner. Even that should result in a not guilty verdict from any sane jury.

[chesty_puller]

Just another reason to live in Texas. A government that protects gun owners. IF i shoot you and the cops deem it legit, you can’t sue me.

[Islander7]

"David was an award-winning elementary school teacher"

...and not a very bright one.

[chesty_puller]

Of course you can’t, you’re dead. No one else can either.

[seton89]

D’Amico is the homeowner.

Park was the drunk.

[KarlInOhio]

D’Amico is the homeowner. Park was the drunk.

Oops. You're right. Cut and paste isn't my friend.

[BigCinBigD]

So he was...Dead drunk.

[thecabal]

"[The incident] occurred as a result of the fault, negligence and carelessness of D'Amico, without any negligence on the part of Park contributing thereto,"

Only an attorney could assert that with a straight face.

[mewykwistmas]

“David Park was a teacher and a family man, and he should not have died that night.”

And he would not have died but for the 0.18 blood alcohol level, or more than twice the drunk limit. If they had an ounce of decency, they’d leave it at a sad event, not try to blame innocent people.

Maybe they are counting on a homeowners insurance settlement?

[Paleo Conservative]

In Texas, there would be no case.

[Hacklehead]

I’d like to think I could tell the difference between a confused drunk and a dangerous belligerent drunk, but I wont condemn the man who was defending his home. Unfortunately the legal bills to defend himself will probably bankrupt him.

[apoliticalone]

The judge should throw it out as a frivolous case. It is a shame that the teacher got drunk and committed the crime of breaking and entering. The perp was the drunk teacher. Ripstein and her attorney are seeing dollar signs because they will attempt to find a sympathetic jury. This civil suit is totally wrong.

[E. Pluribus Unum]

Was the deceased committing a crime?.....

Is home invasion a crime?

[rawhide]

"David was an award-winning elementary school teacher"

So? I do not care if he was a award-winning teacher, a local pastor, or the president of the United States. He was an intruder and the shooting was justified. Sorry this woman lost her husband, but she has to eventually realize it was all her husband's fault for what happened. I would have shot him too.

[susannah59]

The judge should levy all court costs against the widow.

This is beyond ridiculous. What was the homeowner to do? Offer the intruder his bed?