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Kalispell shooting victim's family shocked by 'castle doctrine'(MT)
ravallirepublic.com ^ | 10 October, 2012 | Tristan Scott

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: ...


TOPICS: Constitution/Conservatism; Crime/Corruption; News/Current Events; US: Montana
KEYWORDS: banglist; briceharper; fredenberg; mt
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To: marktwain
Link to story



21 posted on 10/11/2012 4:58:24 AM PDT by preacher (Communism has only killed 100 million people: Let's give it another chance!)
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To: PapaBear3625

Wrong target Fur Shur.


22 posted on 10/11/2012 5:00:24 AM PDT by muawiyah
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To: sergeantdave

Well, the entire point of the castle doctrine laws is just that, to make it more difficult to charge and convict a person who has acted in self defense. Especially in the home, against a person who does not reside in that home.


23 posted on 10/11/2012 5:01:46 AM PDT by Cboldt
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To: poinq
Taking advantage of the Castle Doctrine means you give up a trial (provided it's just prosecutorial discretion we're talking about), so if other evidence is discovered downstream, you can still be tried.

Fraud is also an angle here ~ take the wife, invite the guy over, shoot him in the garage three times (must have really been advancing ~ 3 shots?) ~ let's see what happens later on ~ this could be one smarmy mess yet.

Situations like this cry out for the use of water-boarding on somebody. We really need the truth.

24 posted on 10/11/2012 5:04:02 AM PDT by muawiyah
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To: Uncle Chip

I disagree. While I don’t condone his actions with the mans wife, the husband sought him out in his own garage on his property. Had it been where the husband caught him red handed so to speak, yes.

The husband handled this poorly and paid for it with his life. He came to the fight, the fight did not go to him.


25 posted on 10/11/2012 5:05:37 AM PDT by BCR #226 (02/07 SOT www.extremefirepower.com...The BS stops when the hammer drops.)
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To: Flintlock
Since when does “unarmed” mean “not at all dangerous in any way whatsoever”?

The left would REALLY like to advance that narrative in order to justify their lie that "if no one but the police had guns, no violence would occur".

26 posted on 10/11/2012 5:08:29 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: laker_dad
Harper fatally shot Fredenberg three times
Killed the guy three times???

this paradigm usually only works with felines....

27 posted on 10/11/2012 5:14:55 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: PapaBear3625

My 102 year old grandma says it is always the womans fault, because a woman can always run faster with her dress up than a man can with his pants down.


28 posted on 10/11/2012 5:20:54 AM PDT by bdfromlv (Leavenworth hard time)
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To: BCR #226

A Grand Jury should make that call.


29 posted on 10/11/2012 5:29:53 AM PDT by Uncle Chip
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To: muawiyah
I don't believe you are giving up the trial. You just have to have more than a shooting to go to trial. Shooting in itself is not grounds for an arrest or trial.

Presumed innocence, right to defend yourself, right to shoot before calling the police who may not come for 20 minutes. It all seems reasonable to me.

30 posted on 10/11/2012 5:34:10 AM PDT by poinq
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To: Uncle Chip
Wrong. The husband was trespassing with intent to at least confront the other man. The husband initiated the attack.

Game over.

31 posted on 10/11/2012 5:44:36 AM PDT by Dead Corpse (I will not comply.)
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To: marktwain

If it were up to the gun grabbers the law would require the shooter (defender) to have been beaten severely and on the verge of dying before he could shoot an unarmed man.

Only then, could it be proven that his life was at stake and to shoot was finally “earned.”


32 posted on 10/11/2012 5:48:19 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: sakic
How do we know he is telling the truth?

How do we know he isn't?

33 posted on 10/11/2012 5:48:51 AM PDT by E. Pluribus Unum (That was sarcasm, you moron.)
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To: sergeantdave
“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....”

Prosecutors only want cops to be able to murder peasants in cold blood.

34 posted on 10/11/2012 5:50:54 AM PDT by kiryandil (turning Americans into felons, one obnoxious drunk at a time (Zero Tolerance!!!))
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To: Dead Corpse
The husband was trespassing with intent to at least confront the other man.

The Castle Doctrine does not exist so that you can kill someone who is confronting you verbally.

35 posted on 10/11/2012 5:53:12 AM PDT by Uncle Chip
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To: Uncle Chip

You are on my property. I tell you to leave, you keep coming...

You are done for.

As it should be.


36 posted on 10/11/2012 5:56:28 AM PDT by Dead Corpse (I will not comply.)
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To: laker_dad

“Killed the guy three times??? “

He should have left after he got killed the first time.


37 posted on 10/11/2012 5:57:32 AM PDT by PLMerite (Shut the Beyotch Down! Burn, baby, burn!)
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To: Uncle Chip

I hope that you face the same reality as the shooter does sometime in the very near future.

As a matter of fact, I wish for someone to come over to beat the crap out of you since I have a warm fuzzy feeling that no matter what, you would not shoot to protect yourself due to the heavy thinking and contemplating required while being beat to death in whether this is truly a beating that may maim or kill you.

Hell! You just might ask him how badly he wants to beat you to or which bones he will be breaking.

Just then, maybe you might have just enough common sense to pull the trigger.....on second thought, with you....no!


38 posted on 10/11/2012 5:57:40 AM PDT by DH (Once the tainted finger of government touches anything the rot begins)
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To: marktwain

Sounds like a good shoot from the description


39 posted on 10/11/2012 6:00:49 AM PDT by GeronL (http://asspos.blogspot.com)
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To: laker_dad

Damn! Beat me to it.


40 posted on 10/11/2012 6:02:28 AM PDT by Lee'sGhost (Johnny Rico picked the wrong girl!)
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