[Drew68]

I don’t know the full facts of this case but I have to question why the kid was in his garage in the first place.

Allegedly, the "German" (actually Turkish) exchange student was looking for alcohol to steal.

This case is pretty cut and dry. The homeowner made it clear to witnesses that he was setting a "mantrap" in response to previous thefts by intentionally leaving his garage open and lying in wait with a shotgun for whomever entered. And, well... that's not legal.

[manc]

Thanks Drew.

[Olog-hai]

What witnesses? What corroboration?

There was no trap. The light was off, and the alleged “bait” was not visible from the street. All that an open garage door means is that whomever enters besides the owner is a criminal trespasser, bottom line.

[Boogieman]

Yes, if he had simply stumbled on the kid in the act of burglary, then he may well have been justified in firing to stop him from. However, in this case, he no longer can claim that the use of force was necessary to prevent the crime, since he set up the conditions which facilitated the crime in the first place.

[Steve_Seattle]

"The homeowner made it clear to witnesses that he was setting a "mantrap" in response to previous thefts by intentionally leaving his garage open and lying in wait with a shotgun for whomever entered. And, well... that's not legal."

Unless the police do it, or something similar, as in a sting operation, which is obviously a highly planned effort to induce a crime - presumably in response to a series of previous crimes - that might not otherwise have occurred.

I'm not justifying this guy's actions, which seem excessive, but a show of or the actual use of excessive force by police seems to be a growing trend. The 70-year sentence seems to be a way of putting ordinary citizens in their place, kind of like the huge fines levied against Christian bakers/florists/photographers for refusing to service gay weddings.

[Labyrinthos]

It’s not burglary if the perp is invited in .