Home Invasion? Arrest and Charges

[MikeBjerum]

This took place in a community about 25 miles from us, and in a town where I have taught Permit To Carry.  Will be interesting to hear what is behind the arrest and charges.  I can speculate, but will wait for facts.

http://www.southernminnesotanews.com/homeowner-jailed-face-charges-fatal-madelia-home-invasion/

[Big Frank]

So far I don't see any indication that the homeowner did anything wrong. If criminals don't want to be shot they shouldn't be breaking into people's homes.

[billt]

There has to be much more to this. Did they know each other?

[crusader rabbit]

The story doesn't provide enough information to warrant a good/bad shooting decision. 

What time of day/night?

Did the homeowner have previous incidents with the now deceased?

Did the two involved enter the home or were they shot in the yard?

Was the homeowner sober at the time?

Information will likely become available, but at this point no decisions can be reliably made.

Crusader Rabbit

[MikeBjerum]

There has to be much more to this. Did they know each other?

Haven't tied a relationship together yet in my mind, but I'm thinking there was either a retreat issue with the invaders, or that it was a warning shot gone astray.  Of all the possibilities in my mind it is either a situation where the homeowner did not meet the four criteria needed to use deadly force, or law enforcement and prosecution are CYAing it.

[Sponsor]

[MikeBjerum]

Crusader,

Call came in at about 7:00am, responding officers encountered the two leaving the scene shortly after, so the incident would have taken place in that 6:45 to 7:00am time frame.  This is the same time that I sit here typing right now, and there is no sign of sunrise yet.

[billt]

Let's not forget Minnesota is a very left leaning state, and not very firearm friendly. I doubt however this went, the shooter is going to get the same legal discretion, as say a shooter in Arizona or Texas would under the same circumstances. 

[MikeBjerum]

Rural Minnesota isn't too bad.  BCA is very fair and a good investigation unit.  They clear several people a year, and have been in the heat over a couple of officer involved shootings that they deemed justified.

Watonwan County has been a revolving door of Sheriffs for as long as I can remember, but the current one is one without controversy.  In classes, I have not had any students relay any issues of getting their Permits from existing holders or the organizer.

My hope is that I have no connection to this one that lands me in in the courtroom.

[Solus]

Haven't tied a relationship together yet in my mind, but I'm thinking there was either a retreat issue with the invaders, or that it was a warning shot gone astray.  Of all the possibilities in my mind it is either a situation where the homeowner did not meet the four criteria needed to use deadly force, or law enforcement and prosecution are CYAing it.

Mike, can you list the 4 criteria?   I have been only aware of 3.  Thanks

[MikeBjerum]

Mike, can you list the 4 criteria?   I have been only aware of 3.  Thanks

1.  Cannot be an active participant;
2.  Must be in fear of death or great bodily harm;
3.  No lessor force will do;
4.  Retreat is not an option (this applies even in states with Castle Doctrine or Stand Your Ground)