Posted on 10/11/2012 4:02:37 AM PDT by marktwain
KALISPELL – Family members of a Kalispell man who was shot and killed during a confrontation on another man’s property are reacting with shock and anger to news that the shooter is protected under Montana’s “castle doctrine” laws, while prosecutors in the state say they’ve become increasingly hamstrung by a piece of 2009 legislation that makes it more difficult to charge cases in which self-defense issues are raised.
The Sept. 22 shooting death of 40-year-old Dan Fredenberg occurred inside the garage of Brice Harper, who had reportedly drawn Fredenberg’s ire after becoming romantically involved with the man’s wife. On the night of the shooting, Harper, 24, was standing in the threshold to his home when an unarmed Fredenberg entered the garage and advanced toward him, according to the police investigation. Harper fatally shot Fredenberg three times, and told police he feared for his life.
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In Fredenberg’s case, Corrigan said there is not enough evidence to prove the shooter did not have cause to feel threatened. The shooting took place inside the shooter’s house, Corrigan said, and Fredenberg allegedly wouldn’t stop advancing on the other man.
Investigators say Fredenberg was standing and facing the other man when he was shot, and the shooter told police once they arrived: “I told him I had a gun, but he just kept coming at me.”
Marbut says the previous version of the law required a person to retreat and call on law enforcement for assistance before use of force was considered justified.
(Excerpt) Read more at http: ...
Since when does “unarmed” mean “not at all dangerous in any way whatsoever”?
Unwise actions by the late Mr. Fredenburg.
Killed the guy three times???
It looks like he was looking for a fight, and got one.
“while prosecutors in the state say they’ve become increasingly hamstrung by a piece of 2009 legislation that makes it more difficult to charge cases in which self-defense issues are raised....”
So how many prosecutors say that? Two? One?
Pet store owners say that they’ve seen Tristan Scott buying flea soap; therefore, she sleeps with dogs.
How do we know he is telling the truth?
The link did not work.
Exactly. If you keep advancing on someone who has warned you they feel threatened and are armed... What do you expect? Only an idiot (or a liberal) would let that person walk up on them, hoping that their good human nature would prevail and protect them... To me, this sounds like suicide by (armed) neighbor.
How do we know he is not telling the truth ?
That castle doctrine works both ways.
My initial reaction was, chain the b***ch
to the front porch and see if mr romantically
involved comes to visit/help.
Sometimes initial reactions are just that.
“Since when does “unarmed” mean “not at all dangerous in any way whatsoever”?”
Almost any man coming at me in an agressive manner would be a danger to me because of the disparity in size and physical strength.
Gun = great equalizer.
Did he fear for his life or was he eliminating her husband.???
Harper fatally shot Fredenberg three times.
That answers my question.
He should have been indicted. No Castle Doctrine for him.
Then again, all we have is Mr Harper's word that things happened the way he said they did. Mr Fredenberg was a fool for confronting Mr Harper where he did. He was a double fool for blaming Harper for his wife's behavior.
We also have the body of the man in the other man’s house. Where he had no reason to be.
There is the possibility that the shooter discovered the affair, lured the guy to the property and then shot an unarmed man as part of a premeditated plot to eliminate his rival.
If law enforcement cannot demonstrate that such a setup took place, it will be very hard to charge him and castle doctrine applies.
If the wife invited the man to her home, then it should not apply. He was a guest, no matter how unwelcome he was to one resident.
We presume innocence around here. We don't arrest and ask questions later. The police, no doubt, will investigate. And if the story does not check out then they can arrest the man. But if not you can't just assume he lied, with no evidence.
And by the way once you have a gun and a man who knows you have slept with his wife, you have a very dangerous situation and you can assume your health or life is in jeopardy.
do I understand from what little I can get of this poorly written article that the adulterer murdered the husband of the woman he was fornicating with? So, this needs to be a murder investigation.
Surely, these two depraved individuals set this up. Oh, I’ll have H come over to “talk this out.” Then I will say he threatened me in my castle shoot him and claim the Castle doctrine. Then his wife and I will live happily ever after with all his money. uh huh. great.
The husband was killed going to his rivals home after he found out about the affair, not the other way around.
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