I understand your viewpoint. And sure, that might work in certain situations; but when someone is in your gated side yard, apparently with no fear of a large dog, and standing near your back door, I'd call you a fool if you walked over and turned on the light, announcing your exact position to an unknown less than five feet away.
I'm taking some wild conjecture here, but this is my guess as to how things went down. Dog's barking in the back yard. Homeowner assumes that something is up out front - maybe at a neighbor's house. He arms himself and goes to the front door, opens it, and spots the ‘lookout’ across the street. He steps out of the house and into his front yard.
Lookout across the street warns his partner who is in the side yard, behind a 6 foot fence next to the car and the homeowner’s back door. Homeowner turns towards his house, sees someone moving next to his car and fires.
The unidentified witness is likely the lookout for the trespasser with at least one burglary arrest. He likely told police that the homeowner didn't warn or say freeze, which differed from the homeowner’s story.
I do not think that the homeowner knew someone was in the side yard; I can not see him leaving his family exposed with a possible escape route for the perp that puts them in greater danger. I think the homeowner was surprised and acted accordingly. And I think that like in many cases, our stories change the facts, as we insert what we think we should have done.
In any case, there's no cause for a 2nd degree attempted murder charge. And here's where I think that we agree - the climate of the news cycle compelled police who had two differing stories to file charges, letting the DA sort it out. I do not think charges would have been filed and the case instead referred to the DA were it not for the massive news coverage of Zimmerman's self defense.
No Sir. The law is not dependent on the news cycle.
I am just saying this will make things more difficult for Mr Landry and this could be potentially dangerous to all of us in this political environment.
The general winds seem to be on the side of reason and the law, but we have recently seen the unreasonable, and THEY are in the catbird seat.
All I am saying is be clear and concise.
Do not give them any fodder if you can help it.
I think the shooting and killing of Chris Cervini in Greece, NY by Roderick Scott fits your scenario. Scott got off.
If that doesn’t work try Carl Rowan’s rational: Gun Control Controversy Section. (On the plus side, Rowan did not shoot the girl who was skinny dipping in his pool.)
http://en.wikipedia.org/wiki/Carl_Rowan
Of course, there is a real possibility/s that neither scenario will succeed for the White guy in New Orleans for the obvious reasons.