Okay, you LEO's, whatcha think???....

[dukluk]

I saw this on another site, and thought it would create some good discussion....how do you think it would be handled by our MS LEO's, under our Castle Doctrine ?????


What yall think bout this?

David Allen Pettersen, 65, called police around 7 a.m. Saturday to report a possible burglary and shooting at his home in Fieldon Township, just south of Madelia. According to the charging documents, Pettersen told the dispatcher he fired his handgun at a gray car that was leaving his property after an attempted burglary.

A deputy responding to the call found the car 2 miles north of Pettersen's home, with three people inside. One of the passengers, 19-year-old Nicolas Thomas Embertson, had a gunshot wound and later died at Madelia Hospital.

Another passenger, 18-year-old Kyle Thomas Nason, had a broken ankle. He told police that he, Embertson and a third man -- 18-year-old Cornelius Ayers -- were at Pettersen's home to "case" it for a future burglary.

Nason said his friends gave him a boost onto the second-level deck of the home, and that he injured his ankle when making the 10-foot jump back down. He told police he heard two loud bangs as Embertson drove away from the home. As they were headed down the driveway, Embertson said, "I think I've been hit," before losing consciousness. Nason continued driving the car until they were stopped by the deputy responding to Petterson's 911 call.

Pettersen told investigators he was in bed when he heard someone trying to open a door to the deck. He saw the person jump from the deck and crawl toward a car, at which point he grabbed a .45 caliber handgun and tried to shoot the tires of the car. Pettersen said he was about 10 feet from the car when he fired two or three shots.

Pettersen was arrested and booked into the Watonwan County Jail. Monday morning, he was charged with second-degree manslaughter and reckless discharge of a firearm.

"The law does say a self-defense law, but what we've gathered so far, we feel we have enough to charge him with second-degree manslaughter," Watonwan County Chief Deputy Jeremy Nachreiner told KEYC-TV in Mankato.

[mshunter77]

My first reaction is they got what they deserved, you go crawling and climbing around someone's house at 2 in the morning you are asking for trouble. Now from a legal stand point he was probably in the wrong and will get hammered for it.

[lilwhitelie]

I would be scared to death to shoot someone even in my home if I lived in hinds county. To many ifs. If intruder wasn't armed etc and you killed him I wouldn't want my fate to be in the hands of 12 hinds county jurors. Now..rankin county..... Different story.

[teul2]

My first reaction is they got what they deserved, you go crawling and climbing around someone's house at 2 in the morning you are asking for trouble. Now from a legal stand point he was probably in the wrong and will get hammered for it.

This.
Even though the home owner should face no reprimand IMHO, he will do time for his actions.

[Wildfowler]

Where is "Fieldon Township, just south of Madelia" located?

I'm not law enforcement.

I don't know what I would do in such a situation but I "think" I would not shoot someone who is retreating.

Thanks

[deltadukman]

Where is "Fieldon Township, just south of Madelia" located

http://bfy.tw/9pNA

[dukluk]

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It's in Minnesota....I was just wondering how it would play out here in Mississippi.

[gps4]

good chance the guy with the broken ankle and the get away driver may be looking at felony murder....if they were in fact attempting to burglarize the guy home.

[JCA]

Homeowner is going to have a bad day. Going to be tough to articulate you were in fear for your life at a car that was driving away from you while you were on the second floor of your home. Unfortunately for him he let his emotions take over and I believe he is going to pay a stiff price for it.

[JaMak84]

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It's in Minnesota....I was just wondering how it would play out here in Mississippi.

Same way it's gonna play out there in Minnesota. Castle doctrine ain't gonna protect you shooting into a fleeing car. Guy let his emotions get the better of him and did something incredibly stupid. Maybe the fact that he killed one of the bad guys instead of accidentally killing the neighbors kid will be of some comfort while he spends the next 50 years in prison.

[jacksbuddy]

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It's in Minnesota....I was just wondering how it would play out here in Mississippi.

Same way it's gonna play out there in Minnesota. Castle doctrine ain't gonna protect you shooting into a fleeing car. Guy let his emotions get the better of him and did something incredibly stupid. Maybe the fact that he killed one of the bad guys instead of accidentally killing the neighbors kid will be of some comfort while he spends the next 50 years in prison.

I hate to say this, but I agree. Now, had he shot the guy on his second story deck while he was "casing the place for a future robbery", that would be a different story.

[peewee]

The car was retreating, he's screwed.

[Deltaquack]

good chance the guy with the broken ankle and the get away driver may be looking at felony murder....if they were in fact attempting to burglarize the guy home.

Would be in a lot of states the way the law is written. worded something to the tune of " a person dies in the act of committing another crime.....accessories can be charged with the death"

[matador1]

I have a similar story. About 25 years ago my cousin managed a small convenience store in AL. One afternoon he had a man try stealing gas, ran out of the store, fired a warning shot at the ground behind the car as it sped off. Unfortunately the bullet ricocheted, went through back glass, and killed the perp. All of this was verified through an investigation and he was still found guilty of manslaughter and spent 20 years in prison.
All of this to say, I'm a huge proponent of home and business defense but you have to be so careful as to whether or not they are truly a threat. It can get bad, quick!

[Smoke68]

There's a lot of crimes committed where a "slap on the wrist" is applied and it should be harsher. I think in situations like the OP and in the one above with matador1's cousin, a "slap on the wrist" would be fitting. Maybe 30 days in county jail, one year probation.

I can honestly say that if my son were to commit a crime like either of the two described and was killed in the act of running away, my number one feeling would be towards his poor decision and questioning my own parenting. Number two would be regret towards the person who pulled the trigger.

Think about it, at what point did these people decide to be the victim of a crime? They had seconds to make a quick decision as the result of the perp's premeditated decision to commit a crime.