Posted on 01/14/2015 1:13:05 PM PST by Monitor
The mother of Bo Morrison, who was killed by a Slinger man when Morrison hid in the man's house while fleeing from an underage drinking party, has filed a lawsuit against the man and his insurance company.
Washington County District Attorney Mark Bensen declined to charge the homeowner, Adam Kind, with a crime in the March 2012 incident, finding Kind acted in self-defense.
The incident prompted numerous protests about "the castle doctrine," adopted by legislators the previous year, but Bensen said Kind would have been cleared even without the law's extra presumptions in favor of residents using deadly force in their homes against intruder.
The wrongful death lawsuit, filed in Milwaukee County Circuit Court, also includes claims of battery, negligence, pain and suffering, and loss of companionship.
(Excerpt) Read more at jsonline.com ...
The homeowner and his wife heard noises, he went to investigate, kid pops out, homeowner shoots.
Sounds tragic. But, sometimes s happens. Consequences can be a b if you’re hiding in someones house.
Hopefully the case will be dismissed by a judge before the homeowners have to spend too much on lawyers.
Why didn’t he hide in the party house?
It is the very last thing you ever want to do.
Good write-up in the imbedded link ‘who was killed ...’
Especially don't do so at night.
Why is that so hard for some people to grasp?
They will assume you are there to do harm. And 95% of the time they will be right.
No mother should have to fear for the safety of her son when he breaks into a stranger’s house to hide from the police.
</do I really need a sarc tag for this?>
I would say it is the second to last thing you ever want to do. Choosing not to shoot when you need to shoot is the last thing you ever want to do (and if you make that mistake, it is likely to be the last thing you do).
Counter-sue for all she has, as she obviously caused the problem by being a stupid parent...!
And the other 5%?
This is a civil case and I expect the judge will let it go to trial. And I don't think the defendant will get off scott free. Just because it wasn't criminal doesn't mean it was right.
Sue the mom for her kid trespassing and also for mental anguish having to put up with your dumb lawyer ... and you as well.
It will probably be the insurance company’s lawyers, and they will probably settle.
I wonder how the young man could have avoided this tragic death. Oh, wait maybe he could have decided NOT to invade another person’s home at 2:00 AM.
Quote from the first article linked to:
Morrison, who had studied carpentry at Milwaukee Area Technical College and worked at Menard’s, had more reason than others at the party not to get caught. He was out on bail from four pending criminal cases, and as a condition was not to consume alcohol. An autopsy showed he had a blood-alcohol level of 0.19.
Kind, married for 10 years with two children, works as a brick mason for a construction company, Mastantuono said. Kind has no criminal record, and has used firearms for years as a hunter and sportsman. He owns other rifles and shotguns but only the one handgun, Mastantuono said, and had applied for a concealed-carry permit but didn’t receive it until after the shooting. He had not been drinking the night of the shooting, Mastantuono said.
Or he could have stayed home from an underage drinking party. It’s really very simple to keep from being killed in a stranger’s home at 2:00 AM. This grifter mother ought to be thrown out of court.
This shooting took place after the Wisconsin “Castle Doctrine” law went into effect. Clearly this case is being used to test that law. Dig deep enough into this lawsuit and I’ll bet you find some connection to Trayvon, Inc.
Sad but, justified and I’m sorry for the kid’s mom...
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