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‘Stand your ground’ defense fails in Montana murder trial (Markus Kaarma found guilty)
Associated Press ^ | Dec 18, 2014 2:20 AM EST | Lisa Baumann

Posted on 12/17/2014 11:57:19 PM PST by Olog-hai

Just days before he shot to death a 17-year-old German exchange student, Markus Kaarma told hair stylists he had been waiting up to shoot some kids who were burglarizing homes.

He told them they would see it on the news.

Kaarma hoped to bait an intruder by leaving his garage door partially open and placing a purse inside, prosecutors said. And when he did, a motion detector alerted him early April 27. Kaarma took a shotgun outside and almost immediately fired four blasts into the garage. Diren Dede, unarmed, was hit twice. He died after the final shot hit him in the head.

For those reasons, Kaarma’s “castle doctrine” defense, which allows people to use deadly force to protect their home and family, failed him Wednesday. A Missoula jury convicted him of deliberate homicide. …

(Excerpt) Read more at hosted.ap.org ...


TOPICS: Crime/Corruption; News/Current Events; US: Montana
KEYWORDS: banglist; direndede; lynching; markuskaarma; missoula; psychokiller
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To: Olog-hai
"They have everything to do with the facts here."

That's what you said. But you didn't explain how that's supposed to be, and you are wrong.

"There was no murder committed here."

So you seem to think.

141 posted on 12/18/2014 12:15:28 PM PST by mlo
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To: Olog-hai
"That’s extremely specious."

Not at all. I pretty much described what he did.

"And given that the garage was broken into at 12:30 AM, the intent on Dede’s part ought to be crystal clear."

And again, a point that has already been answered. Dede' guilt for intending to steal has nothing to do with it.

142 posted on 12/18/2014 12:17:30 PM PST by mlo
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To: Olog-hai
"It cannot be possible to deliberately aim for the head in a dark garage..."

Now where did the "deliberately aim for the head" straw man come from?

143 posted on 12/18/2014 12:19:07 PM PST by mlo
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To: mlo

That came from the prosecutor.


144 posted on 12/18/2014 12:23:56 PM PST by Olog-hai
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To: mlo

Nothing to do with what?

An open garage door is not a trap.


145 posted on 12/18/2014 12:24:33 PM PST by Olog-hai
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To: mlo

It ought to be self-explanatory. The Constitution is the supreme law of the land; aside from the Second Amendment’s outlining the right to keep and bear arms, the Fourth Amendment guaranteeing the right of people “to be secure in their persons, houses, papers and effects” is what applies. Tying a person’s hands by state law with respect to accusing them of “murder(ing)” a deliberate intruder who enters in the middle of the night violates the Fourth Amendment and such laws and rulings are unconstitutional.


146 posted on 12/18/2014 12:28:44 PM PST by Olog-hai
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To: Olog-hai

I just saw this story, so maybe I’m missing other details. But the garage was attached. An attached garage is part of the house. That means that the student entered Kaarma’s house.

Is anyone in the media asking why this student snuck into someone’s house in the middle of the night? It seems the articles are focusing on the story as if this student was a victim.

Sometimes homeowners leave their garage doors open by mistake. Sometimes people leave their doors open. Those are not invitations to strangers to enter, and if someone does, he does so at his own risk.

I don’t think that planning to trap someone and shoot him was the right thing to do. And maybe Kaarma should have been prosecuted. But, unless there are details I’m missing, the student wasn’t exactly a victim.


147 posted on 12/18/2014 12:48:43 PM PST by Tired of Taxes
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To: Tired of Taxes

I’m very curious about the prosecution’s witnesses. The demeanor of the prosecutor begs several questions too, never mind the big push for a murder charge, which is an utter outrage AFAIAC.


148 posted on 12/18/2014 1:01:39 PM PST by Olog-hai
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To: wetphoenix

What is worse, is that he bragged about how he was going to trap and kill someone before he did it. That is more than stupid.


149 posted on 12/18/2014 1:10:55 PM PST by jim_trent
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To: Olog-hai
"It ought to be self-explanatory. The Constitution is the supreme law of the land; aside from the Second Amendment’s outlining the right to keep and bear arms..."

Nobody is challenging the right to keep and bear arms in this case.

"...the Fourth Amendment guaranteeing the right of people “to be secure in their persons, houses, papers and effects” is what applies. Tying a person’s hands by state law with respect to accusing them of “murder(ing)” a deliberate intruder who enters in the middle of the night violates the Fourth Amendment and such laws and rulings are unconstitutional."

Absolute nonsense. Nothing in the 4th gives you the right to kill someone for entering your home. That is not what it says.

When you resort to making stuff up to win an argument it's a sign that you should give up the argument. You are losing.

150 posted on 12/18/2014 3:37:24 PM PST by mlo
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To: Tired of Taxes
"Is anyone in the media asking why this student snuck into someone’s house in the middle of the night? It seems the articles are focusing on the story as if this student was a victim."

Nobody disputes that he entered to steal. So? As has already been pointed out, he doesn't have to be innocent to make killing him unlawful.

151 posted on 12/18/2014 3:38:40 PM PST by mlo
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To: mlo

I’m not making anything up. You, however, are denying facts in order to fit the “Kaarma as murderer” agenda. The Fourth Amendment clause illustrating the right to be “secure in their persons, houses, papers and effects” is unambiguous. What there is no right to is to walk into someone’s garage uninvited, especially at 12:30 am.


152 posted on 12/18/2014 4:08:34 PM PST by Olog-hai
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To: jim_trent

That’s the word of a hairdresser. I do not see that it has been corroborated.


153 posted on 12/18/2014 4:09:47 PM PST by Olog-hai
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To: Olog-hai

> “That’s the word of a hairdresser. I do not see that it has been corroborated.”

According to what I read when it first happened, the hairdresser reported what he said to the police before he did it. That’s pretty corroborating to me.


154 posted on 12/18/2014 5:59:10 PM PST by jim_trent
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To: BradyLS

If mantraps. are illegal then stop all of the undercover sting operations which essentially bait people.


155 posted on 12/18/2014 6:04:44 PM PST by Red in Blue PA (Compared to obama, Jimmy Carter looks like Winston Churchill.)
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To: Fred911

When people steal, it isn’t just “stuff” they are stealing. It is a part of someone’s life....literally.

After getting a paycheck and paying a multitude of taxes, one must pay the mortgage, car, insurance and on and on until at the end they may have some disposable income left.

How long will it take to earn said money to replace the items stolen? That is literally taking a part of a person’s lkfe......make no mistake about it.


156 posted on 12/18/2014 6:13:41 PM PST by Red in Blue PA (Compared to obama, Jimmy Carter looks like Winston Churchill.)
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To: mlo

More like......the law is wrong.

People should never go to prison for defending their home and property.


157 posted on 12/18/2014 6:17:45 PM PST by Red in Blue PA (Compared to obama, Jimmy Carter looks like Winston Churchill.)
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To: jim_trent

So why weren’t the police watching Kaarma’s house?


158 posted on 12/18/2014 6:21:05 PM PST by Olog-hai
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To: mlo
Nobody disputes that he entered to steal. So? As has already been pointed out, he doesn't have to be innocent to make killing him unlawful.

I'm not disputing that shooting a trespasser could be unlawful in a case of entrapment.

My argument is with the tone of the stories surrounding this case, as if the student was an innocent victim. It's a shame that he decided to sneak into someone's house. But, unless someone else tricked him into going into that garage, he wasn't an innocent victim. He'd entered a stranger's home with obvious criminal intent.

That's why this case is questionable to a certain degree.

159 posted on 12/18/2014 6:23:06 PM PST by Tired of Taxes
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To: Red in Blue PA

“People should never go to prison for defending their home and property.”

If it actualy took a gunshot to the back of this kid to stop him as he was running away with the purse - that would be a legal shoot in my state.

But not wildly firing into the dark at some unknown noise.


160 posted on 12/18/2014 10:41:44 PM PST by 21twelve (http://www.freerepublic.com/focus/f-news/2185147/posts 2013 is 1933 REBORN)
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