It’s been a long time since I’ve heard about this case, but my recollection was that he left his garage door open and parked away from his house so it would appear open and unoccupied. I didn’t see anything on the Wikipedia page that refutes that.
Smith had been visiting neighbors when he saw Kifer, whom he suspected was responsible for the burglaries, driving past his home. He commented that he needed to get ready for her and went back to his home. Upon entering his home, Smith turned on a recording device he owned. He removed the light bulbs from the ceiling lights and positioned himself in a chair that was obscured from view. He heard the window upstairs break and Brady climb in (captured on audio).
There may have been a window from the garage to the house or something, but it clearly says they broke a window, entered his home, and proceeded to the basement where they were shot. He had previously been burgled in the garage too, which Wikipedia says he was unaware about until police found evidence of a prior burglary. The house had been burgled previously as well, which is why he was looking out for people casing his house.
I hope none of this comes off as a defense of that asshole, but facts matter, and those teens did commit a crime. I don’t think they deserved to be executed for it, but he was within his rights to defend himself when they broke in to his home. He was not within his rights to execute them after the threat was over.
Armed or not, an actual threat or not, an intruder into an occupied home leaves benefit of the doubt at the entry point they used to get in. It might have been intended as a burglary instead of a home invasion, but the perpetrator does not get to make that distinction.
There is a tangible difference between regular property crime like shoplifting, fraud, or theft outside of a dwelling and the violation of a home. And another tangible difference if that home is occupied.
It’s been a long time since I’ve heard about this case, but my recollection was that he left his garage door open and parked away from his house so it would appear open and unoccupied. I didn’t see anything on the Wikipedia page that refutes that.
There may have been a window from the garage to the house or something, but it clearly says they broke a window, entered his home, and proceeded to the basement where they were shot. He had previously been burgled in the garage too, which Wikipedia says he was unaware about until police found evidence of a prior burglary. The house had been burgled previously as well, which is why he was looking out for people casing his house.
I hope none of this comes off as a defense of that asshole, but facts matter, and those teens did commit a crime. I don’t think they deserved to be executed for it, but he was within his rights to defend himself when they broke in to his home. He was not within his rights to execute them after the threat was over.
No he wasn’t, read the actual case transcript.
There was never a threat, you really really need to read the court transcripts.
It depends on the State for specific legality.
Armed or not, an actual threat or not, an intruder into an occupied home leaves benefit of the doubt at the entry point they used to get in. It might have been intended as a burglary instead of a home invasion, but the perpetrator does not get to make that distinction.
There is a tangible difference between regular property crime like shoplifting, fraud, or theft outside of a dwelling and the violation of a home. And another tangible difference if that home is occupied.
Sure, this is adjudicated though there’s absolutely zero question to it at this point.
No one said they did.
Correct, the jury instructions are public and literally all of that is in it.
I’m not even quite sure what your point is.
Link?
I probably have my copy at home but I’d have to dig.
If you do the case number and FOIA it from the court it was in you’ll get a copy, that’s how I got mine.
With all due respect…
Sure, no one has time to find out the facts of what the fuck they’re voicing their ignorant opinion about.
Everyone has time for that, you don’t have the will it would seem.