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"Stand your ground" on trial in Interesting Case

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Anonymous

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German prosecutors open investigation into student's shooting in Missoula


2 hours ago • By KATHRYN HAAKE Missoulian


German prosecutors are opening an investigation into the shooting death of Diren Dede, the 17-year-old German exchange student killed last month in a Missoula garage.

According to Deputy Press Officer Carsten Rinio of the Public Prosecutor’s Office in Hamburg, Dede’s hometown, prosecutors have requested investigative information from the Missoula County Attorney’s Office via the German Ministry of Justice.

That agency will make the request to the U.S. Department of Justice, which will then contact Missoula prosecutors.

Missoula Deputy County Attorney Andrew Paul said his organization hasn't yet received the request for information.

Under German law, a person who commits a crime against a German national is subject to prosecution in the German judicial system.

Grant Creek resident Markus Kaarma already has been charged by Missoula prosecutors with deliberate homicide, and has entered a not guilty plea.

Kaarma contends that he was defending his home and family after Dede entered the family's garage, apparently in search of alcohol.

Prosecutors, however, say that Kaarma and his wife set a trap for burglars who had taken a phone and other items from the garage in the weeks preceding the fatal shooting. Other teenagers have been arrested and charged in connection with those crimes.


Read more: http://billingsgazette.com/news/state-and-regional/montana/german-prosecutors-open-investigation-into-student-s-shooting-in-missoula/article_8db897e0-1162-56e0-ab35-b7dbdf95c5f6.html#ixzz32xizQuhT


'Stand your ground' law tested in recent shootings


May 01, 2014 6:06 am • Associated Press




HELENA — A Montana man is accused of setting a trap and blindly blasting a shotgun into his garage, killing a 17-year-old German exchange student. A Minnesota man is convicted of lying in wait in his basement for two teenagers and killing them during a break-in.

The two recent cases take the "stand your ground" debate to a new level: Do laws that allow private citizens to protect their property also let them set a trap and wait for someone to kill?


"We don't want it to be easy to be able to prosecute people. But we want to be able to hold individuals accountable when they have stepped outside the bounds of society," David LaBahn, president of the Washington, D.C.-based Association of Prosecuting Attorneys, said Wednesday.

More than 30 states have laws expanding the self-defense principle known as the "castle doctrine," a centuries-old premise that a person has the right to defend their home against attack, LaBahn said. The name evokes the old saying, "my home is my castle."

Most of these changes have come since Florida in 2005 became the first state to interpret the "castle doctrine" to apply outside the home with a measure known as the "stand your ground" law.

These laws make it far easier for a person to shoot someone and avoid prosecution by saying they felt an imminent danger - whether or not the person who was shot was armed.

The principle came under national scrutiny in the 2012 shooting of an unarmed Florida teenager, Trayvon Martin, by a neighborhood watch volunteer who was following the 17-year-old. George Zimmerman was acquitted last year after arguing self-defense.

The Montana and Minnesota cases involve homeowners who had been burglarized and said they were afraid of it happening again. Prosecutors say they lured intruders into fatal encounters.

In Montana, Markus Kaarma told investigators his Missoula home had been burglarized twice within the last week before Sunday's shooting death of 17-year-old Diren Dede. Kaarma told his hairdresser he had stayed up three nights waiting to shoot a kid, the woman told investigators.

The night of the shooting, Kaarma and his partner, Janelle Pflager, left their garage door open. Pflager left her purse in the garage "so that they would take it," she told a police officer. She also set up a video baby monitor and installed motion sensors, prosecutors said.

After midnight, they heard the sensors trip. Pflager turned to the video monitor and saw a man in the garage. Kaarma took his shotgun, walked out the front door and to the driveway.

He told investigators he heard metal on metal and without speaking fired four times - sweeping the garage with three low shots and a high fourth shot. Dede was hit in the head and the arm.


Montana's law says a person is justified in using deadly force if they believe it necessary to prevent an assault or a forcible felony.

Since it passed in 2009, the law has been raised at least a dozen times in Montana cases. In several, it was the reason prosecutors decided against filing charges.

Kaarma attorney Paul Ryan said he intends to use that law as a defense in his client's deliberate homicide charge. That shifts the burden to prosecutors, who will have to prove their case and that deadly force wasn't justified, he said.

Kaarma didn't intend to kill Dede, Ryan said. "He was scared for his life. It shouldn't be up to a homeowner to wait and see if (an intruder) is going to shoot him when he announces himself," he said.

Because the laws typically leave it up to the shooter to decide if a danger exists, prosecutors often have no way to challenge such a claim. LaBahn said the case in Missoula appeared to reflect the same concerns raised repeatedly by prosecutors in Florida.

"It doesn't sound to me that a reasonable person is going to shoot through a garage door," LaBahn said.

He added there could be mitigating factors yet to emerge in the exchange student's death.

Minnesota law allows the use of deadly force in a home to prevent a felony, but it must be considered a reasonable response.

Byron Smith, a 65-year-old retiree, unsuccessfully used that defense to justify his shooting of Nick Brady, 17, and Haile Kifer, 18, after the cousins broke into his Little Falls home in 2012. Smith's attorney said his client's home had been burglarized, and he was afraid.

Smith was convicted of premeditated murder Tuesday. Prosecutors said Smith moved his truck to make it look as though no one was home. He turned on a handheld recorder, had a surveillance system running and waited in the basement with food, water and two guns.

Brady descended the basement stairs first, and Smith shot him three times, saying "You're dead." He dragged the body to another room and waited until Kifer followed, and he shot her. "You're dying," he told her, according to the audio recording.

Since Martin's death in Florida, lawmakers in at least seven states have introduced legislation to weaken or repeal self-defense laws. None of the measures have passed, according to the San Francisco-based Law Center to Prevent Gun Violence.

Gary Marbut, who heads the Montana Shooting Sports Association and helped draft the state's law, said Kaarma's case could help clarify it.

"If they're going to possess the means to apply lethal force," he said, "they need to have a good understanding of when and how that is permissible."




Read more: http://billingsgazette.com/news/state-and-regional/montana/stand-your-ground-law-tested-in-recent-shootings/article_ae68ccbd-9bcb-5312-8d2f-0a99ddbf3f8e.html#ixzz32xkQRetO

This Missoula case is not only going to put the "Stand your ground" law on trial- but brings in this German law...
 
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Anonymous

Guest
loomixguy said:
The kid shouldn't have been in the garage. Period. Mess with the bull, eventually you get the horns.

He and his girlfriend admitted they didn't know who was in the garage- they just start blasting- and ended up killing a 17 year old kid...

What if it had been a 12 year old kid- or an 8 year old kid?

The first thing any responsible gunowner learns is that you don't blindly shoot in a direction... You first recognize your target and assess the threat/danger before you shoot/point a weapon in the direction of any human being...
That could have been the neighbors 8 year olds coming home from the movie as far as that idiot knew...

I agree with Marbut on this one:

Gary Marbut, who heads the Montana Shooting Sports Association and helped draft the state's law, said Kaarma's case could help clarify it.

"If they're going to possess the means to apply lethal force," he said, "they need to have a good understanding of when and how that is permissible."

And the really sad part- is these weren't the kids that had done the previous burglaries that Kaarma and Pflager had set the trap for!
 

Mike

Well-known member
Why WERE the kids in the garage?

If his home had been burglarized twice in the last week, wouldn't it be sorta natural to assume those kids were the previous burglars? I mean really, how many people get burglarized twice or three times within one week?

Seems like those kids may have been in the right place at the exact wrong time.
 

backhoeboogie

Well-known member
I am not on the jury. Won't know the facts. All I know is what the media has said and you all know how much I trust the media!

I hate that this happened. Hopefully all children in America learn from it.
 

loomixguy

Well-known member
Where was the exchange student's host family? Was he allowed to just run wild at night?
Too bad he got killed, but he shouldn't have been in that garage, period.
 
A

Anonymous

Guest
I have a feeling what the prosecution and the Judge may turn to is a ruling that the Montana Supreme Court gave about 30-40 years ago where an old rancher in the southern Montana mountains came home and found some young people burglarizing his place... When they saw him they jumped into a jeep owned by him and were fleeing the scene... As they fled down the road away from his place with his jeep and some objects they had stolen from him- the rancher fired several shots at it... One of the bullets struck and killed one of the teenagers in the jeep...

The rancher was charged with murder and found guilty- with the court ruling that since they were fleeing he was in no danger- and that no attempt to recover stolen property and/or stop a fleeing theft of private property suspect was worth taking someones life...

That is the ruling/doctrine that was drummed into law enforcement recruits for years- and that they and firearms instructors then taught to all citizens taking firearms courses...
 

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