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 mans property are reacting with shock and anger to news that the shooter is protected under Montanas castle doctrine laws, while prosecutors in the state say theyve 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 Fredenbergs ire after becoming romantically involved with the mans 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 Fredenbergs 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 shooters house, Corrigan said, and Fredenberg allegedly wouldnt 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.
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Wrong target Fur Shur.
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.
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.
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.
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".
this paradigm usually only works with felines....
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.
A Grand Jury should make that call.
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.
Game over.
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.”
How do we know he isn't?
Prosecutors only want cops to be able to murder peasants in cold blood.
The Castle Doctrine does not exist so that you can kill someone who is confronting you verbally.
You are on my property. I tell you to leave, you keep coming...
You are done for.
As it should be.
“Killed the guy three times??? “
He should have left after he got killed the first time.
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!
Sounds like a good shoot from the description
Damn! Beat me to it.
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