Justified Homicide Or Just Bad Kaarma? Montana Man Accused Of Laying Trap In Killing German Exchange Student

Ok, we can take isolated fringe cases that are heavily reported like these nutjobs here who clearly misunderstood the castle doctrine law as some sort of pseudo-hunting license without having the legal cojones or indeed probably the legal capacity to understand the specific nuance of the Law even if he had a copy stapled to the back of the door leading to the garage for his immediate review before the shooting.
These are the lunatic fringe. Their misinterpretation of the law and the very sad, but isolated any very thankfully (in a country with more than 300 million souls within its borders) rare, though every case receives national attention by those who fear the castle doctrine laws.
Those who TRULY fear the castle doctrine laws and want to see them overturned are not the gun hating progressives and liberals (though they do and do), those who try fear it are those who make a twisted living breaking into other people’s homes – some by stealth (burglary), some by force (robbery & home invasions). Google or search any all town rural or big city major metropolitan newspaper for “home invasion” “home robbery” “burglary” and just watch the hundreds of results scroll by – even if you look for just one month of data!
Not some single isolated kid killed by a nutjob in Montana that should go to jail for his laying in wait, and MOST DISTURBING HIS RAKING OF THE GARAGE WITH 12Guage 00
Buckshot pellets 9×32 caliber pellets per shot traveling between 1200 & 1600 fps x at least 5 maybe 7 shots spread over the garage across an open garage door in a residential neighborhood. It’s like spraying 63 shots from an 8″ .32cal revolver into the neighborhood
And just praying nobody else in the neighborhood gets shot.
That alone demonstrates a reckless and wanton disregard for life, a basic negligence that only sets the stage for his depraved indifference homicide.
But this guy isn’t Everyman and he isn’t acting reasonably
It is unfair to judge the value of the law because he does not understand it and takes a wrongful action because of that mistake. He deserves to be punished.
However – those who really fear this law are those who would victimize us in our homes. It creates a climate of fear, uncertainty and doubt. They must fear the armed homeowner – or even his mere possibility. They must plan and act accordingly. These laws specifically reduce and/or deter those violent home invasions that are the most feared and most damaging of all home crimes.
Eliminating them would allow criminals to think homeowners won’t shoot, will hesitate. (A fatal mistake at my home, regardless of any law). They may attack the homeowner instead of flee.
By deterring some of the most vile, vicious, and feared violent
Crime we have these laws serve a valuable purpose and should not be taken away. Instead those who misapply the thoughts behind the law should be prosecuted

JONATHAN TURLEY

article-2626808-1DCE739600000578-307_306x600 I was recently interviewed about the highly troubling case involving the killing of German exchange student Diren Dede (left) in a Montana garage. The shooter was Markus Kaarma who has been charged with deliberate homicide after he allegedly set up a trap for Debe with bait, motion cameras . . . and the state’s castle doctrine law.

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