Man arrested Defending his house

DRXX

What do you think of this story? Do you think that castle doctrine applies here? Or is your yard your property? Are house walls just some arbitrary line? Are we saying it's OK to draw lines with regard to the use of weapons - even on your own property?
Late Tuesday night, (a prank) turned to real horror. Five thrill-seeking girls set to begin their senior year at Thomas Worthington High School on Friday ran afoul of an armed resident of the home, leaving 17-year-old Rachel Barezinsky critically injured by gunfire, police said. Allen S. Davis, a 40-year-old man who lives at the house with his mother, said during a jailhouse interview that he was defending his home....
Davis, who police said had no criminal record, is charged with five counts of felonious assault. He was being held in the Franklin County jail ...

He admitted opening fire from his first-floor bedroom window after hearing the girls outside around 10 p.m. He said he repeatedly fired shots from a .22-caliber rifle... .."I didn’t know what their weaponry was, what their intentions were," he said. "In a situation like that, you assume the worst-case scenario if you’re going to protect your family from a possible home invasion and murder."

http://www.columbusdispatch.com/news...patch/2006/08/ 24/20060824-A1-02.html
What do you think? (I think the guy gives himself his own haircuts for one thing)

Alternate link: http://www.columbusdispatch.com/emai...y=dispatch/200 6/08/24/20060824-A1-02.html

Roald

Sorry, but none of you links is workking.

Cibes

I think that is crazy, this guy wasn't attacked or anything, he just shot at some girls Question

You can't consider that "defending", was this man really so paranoid to think he was attacked???Perhaps the use and possession of weapons should be a bit more restricted.

HoboPelican

I live in the town next door to Worthington. This guy is nuts and needs to be locked up at the very least. The girls were in the wrong for knocking on the door as a prank, but this had been an ongoing issue. Kids had been doing this for awhile but the guy didn't call the police because he had issues with them (his words). He knew they were kids, he knew they pranking him, he knew there was no danger to him, his mother or his house. There is no reason to use deadly force in the situation. Additionally, in my understanding, in this area you need to post "no trespassing" to have any legal right to restrict access to you property.

Yeah, the kids were wrong, but to shoot them is murder. There is no question of defense of the home.

Soulfire

In my humble opinion it is required that your personal being is attacked before you can call something "defense". For instance, if the man's life was in danger - or some kind of offense or perpetration was made against him, I would see the "defense" claim much more suitable.

purin

Defending cannot be considered as a proper excuse when your life is not threatened by others.

suntzu3500

If he was "defending" himself against a group of unarmed girls, SHOWING the gun should have been enough... he didn't even have to load it, much less fire on a group of people FLEEING from him. The guy's guilty of assualt with a deadly weapon and should be put in jail for a long time.

Mwilliams

The 40 year old man should of just sued them for transpassing. Shooting the hell out of someone is what thought-less people do. If someone is on your property, ask them what they are doing or tell them to leave. If they have a weapon, then you point your weapon at them and tell them to get on the ground. But shooting 17 year old girls is just phycho.

Bones

Sue someone for being on your property? You americans can sue for anything cant you? Wink

I agree with everyone else..he should be thrown in a cell for a long time. I mean he's 40 and lives with mom..how normal could he possibly be? Also, he felt threatened by some teenage girls lol

mathiaus

If they were male and they were trying to break the door down maybe his actions could be classed as Ok but theres a clear difference between this and the story. From what you said, the girls were 'thrill-seeking' so i presume knock and run? In which case if he heard them they'd be giggling etc and knocking on the door/ringing the bell. Unless you are paranoid theres no need to start shooting, maybe try to scare them off though. On the other hand though, the girls were tresspassing so its a hard one to call.
The man shouldn't be allowed his gun for so long and fit a burgular alrarm system. The girls should have a restraining order against the man and his house and foot all medical bills themselfs.