Pennsylvania Firearm Owners Association
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  1. #1
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    Default Shooting Trial Update, Venango County...

    http://www.thederrick.com/stories/02092008-6002.shtml

    He thought it was a bear.

    But as Trooper Paul Richey neared the "growling" noise coming from the side porch of the Pittsburgh Road home, he realized it was a man struggling to stay alive.

    With blood pooling on the porch beneath him, David Scott Kirkpatrick still had a slight pulse and was producing a guttural noise when Ritchey and Trooper Robert Finch arrived at 1436 Pittsburgh Road, Sandycreek Township at 3:39 a.m. Saturday, Sept. 23, 2006.

    That was the morning Kirkpatrick left a local bar, arrived at the home of a couple he did not know and was shot dead by the home's owner.

    Kirkpatrick died a short time after police arrived on scene.

    The shooter, Rodger G. Lore, is charged with involuntary manslaughter and voluntary manslaughter in Kirkpatrick's death. His trial began Friday in Venango County Court.

    Police say Lore, 68, a retired biology teacher with the Franklin Area School District fired two shots from a .22 caliber revolver through a closed and locked door, striking Kirkpatrick in the head and shoulder area, killing him.

    There is no question that Lore shot Kirkpatrick. The issue at hand, according assistant district attorney William Martin, is whether the shooting was justified.

    "The critical issue, I think, is going to be the use of deadly force," Martin said during his opening statement. "The use of deadly force in this case is not justified."

    Kirkpatrick did not have any weapons and at no time breached any doors or windows at the Lore residence, according to police. Also, there is no evidence Kirkpatrick was trying to burglarize the Lores' home that night, Martin said.

    "You don't get to deadly force until you're at the end of your rope ... Mr. Lore was not out of options. He was not at the end for his rope when he made the decision to pull the trigger and fire two shots," Martin said.

    But Lore's attorney disagreed, saying his client shot Kirkpatrick in self defense.

    "We all cherish the sanctity of our homes ... Our home is our last sanctuary of safety and peace," attorney Robert Varsek said. "What is more violent than someone trying to force their way into your house, your sanctuary?"

    Witnesses recall events of evening

    It is not known why Kirkpatrick went to the Lores' home that morning. However, witnesses were able to recount the events of Kirkpatrick's evening leading up to the shooting.

    John Kirkpatrick, Kirkpatrick's father, testified Friday that he took his son to the Airways Lounge, which is located along Pittsburgh Road, a short distance from the Lore home, the evening of Friday, Sept. 22, 2006. John Kirkpatrick said he was supposed to pick up his son at the Airways Lounge at 1:30 a.m., but when he arrived at the bar, he could not find him and left.

    Another person testified that Kirkpatrick had asked her for a ride from the bar that night.

    Kelly Hesson said she, Kirkpatrick and some other people had planned to go to a friend's house after they left the bar, and Kirkpatrick had asked her for a ride there. When it came time to leave, she couldn't locate Kirkpatrick and left without him.

    "I was getting ready to leave and used the restroom facilities. When I came out he was nowhere in sight," Hesson said.

    Hesson said she waited in her car for a few minutes, but Kirkpatrick never turned up, and she left.

    Several people testified that they saw Kirkpatrick at the bar that night, shooting pool, dancing and drinking beer. No one who testified, however, could account for the time between when Kirkpatrick was last seen in the bar and when he arrived at the Lores' house.

    Police were dispatched at 3:36 a.m. Sept. 23, 2006 to 1436 Pittsburgh Road, the home of Rodger and Peggy Lore, for a report of an unwanted actor. They arrived at the house at 3:39 a.m.

    In the three minutes between the time the first call was made to 911 and the time police arrived at the residence, Lore had retrieved a handgun from his bedroom and fired two shots through the home's side door, striking Kirkpatrick twice.

    The Lores did not turn on any lights and did not warn Kirkpatrick that they had called authorities, according to police.

    Bleeding "fairly profusely," Kirkpatrick was discovered lying facedown against the screen door on the Lores' side porch, Finch testified.

    Finch and Richey rolled Kirkpatrick and tried to administer CPR.

    "I was getting some breaths in, but every time Trooper Finch would apply chest compressions, you could hear the slushing of blood coming from the torso," Richey said. "Shortly after we started (CPR), he basically bled out."

    Troopers canvassed the house and found no signs that windows or doors had been breached. There was no noticeable damage to any of the doors, except for the two bullet holes in the side door, according to police.

    Lore's trial resumes at 9 a.m. Monday before President Judge Oliver J. Lobaugh. It is expected to last two more days.

  2. #2
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    Default Re: Shooting Trial Update, Venango County...

    http://www.thederrick.com/stories/02142008-4002.shtml

    Lore jury delivers not guilty verdict
    By ERIN SCHATTAUER



    While the defendant and his family feel relief, the slain man's relatives are outraged.


    A Venango County jury deliberated just over an hour Wednesday afternoon before delivering a not guilty verdict in the case of a Sandycreek Township resident accused of shooting a man he said was trying to break into his home on a September morning in 2006.

    "Thank God!" Rodger Lore exclaimed after the verdict was read.

    His wife, Peggy, wept.

    On the other side of a crowded courtroom, David Scott Kirkpatrick's mother, Debbie, doubled over in her seat, sobbing loudly, then rushed through the room's back door.

    The verdict came as a surprise to Kirkpatrick's family and friends who had gathered, some with tissues in hand, to hear the trial's outcome.

    "What kind of justice is this?" demanded Juanita Kuhns, Kirkpatrick's grandmother. "This boy's life was taken."

    "Our hearts are broke. My daughter has lost her only son," she said.

    But for the other family affected by the case, the jury's verdict was a relief.

    Fellow teachers, church goers, friends, the Lores' children and other family members cried tears of joy and embraced one another after the verdict was read.

    Lore, a 68-year-old retired biology teacher, was on trial for involuntary manslaughter and voluntary manslaughter in the shooting death of Kirkpatrick, a Polk Cutoff Road resident.

    There was no doubt Lore shot Kirkpatrick. Jurors, though, had to decide if the shooting was justified.

    Taking the stand in his own defense Tuesday, Lore admitted he loaded five bullets into a .22 caliber revolver in the early morning hours of Sept. 23, 2006, and fired two of them through a closed and locked door at the man standing on his back porch.

    Lore and his wife were awakened around 3:30 a.m. that day to find someone "pounding and kicking" at their door, Lore testified. Fearing the person was armed, Lore retrieved the revolver from his bedroom dresser drawer and fired a "warning" shot at the man. When the man still didn't stop pounding on the door, he fired a second shot.

    The first shot grazed Kirkpatrick's scalp. The second shot, which Lore said was meant to hit the man in the shoulder, entered Kirkpatrick's neck, traveled through his body and entered his right lung, fatally wounding him.

    Kirkpatrick died as state police troopers, who arrived almost immediately after the shooting, tried to administer CPR.

    No one may ever know what Kirkpatrick was doing at the Pittsburgh Road residence that morning. He had missed two rides from the Airways Lounge, which is located a short distance from the Lores' home.

    One of those rides was from his father who testified Friday. John Kirkpatrick said he went to the Airways Lounge at 1:30 a.m. that day to retrieve his son, but could not find him and left. After leaving, he parked his tractor trailer at a nearby fruit stand where he often parked overnight while in Franklin. The stand is located across the street from the Lores' home.

    Whatever 28-year-old Kirkpatrick was doing at 1436 Pittsburgh Road that morning, Lore remains confident that the man was trying to get into his house.

    In his closing remarks, Lore's attorney, Robert Varsek, said his client never meant to kill the potential intruder.

    "If he wanted to kill him he would have done it with the first shot," Varsek said.

    Lore acted in self defense and was justified in his actions, according to Varsek.

    "The adage your home is your castle, it means something here in Venango County and everywhere else," Varsek said.

    "Don't think for one minute that he had to run away and hide in his own house," Varsek said. "You shouldn't have to languish with criminal punishment for defending your house and defending your family."

    Although he agreed a person does not have to retreat when he is in his home, assistant district attorney William Martin argued that Lore's decision to use deadly force in this situation was not reasonable.

    "You have to look at whether he or Mrs. Lore was in immediate danger of death or serious bodily injury," Martin told jurors in his closing remarks.

    Martin said that at no time did Lore make his presence known to Kirkpatrick. He never told him he had a gun. He never told him the police had been called. He never turned on any lights.

    "The bottom line is Mr. Kirkpatrick never gained entry to that home. He's outside the entire time," Martin said.

    Kirkpatrick never verbally threatened the Lores, Martin added. Also, if Kirkpatrick had wanted to gain entry to the home, he could have done it secretively without drawing the Lores' attention or by breaking a window, but he didn't, Martin pointed out.

    Lore was the initial aggressor in the situation, not Kirkpatrick, Martin said.

    "Mr. Lore picked up the gun and introduced deadly force into this situation," Martin said.

    In the end, it was the jury's job to decide if the shooting was justified.

    With three days of testimony and evidence to consider, jurors began deliberating at about 1:30 p.m. Wednesday. A little over an hour later they returned to announce the verdict before President Judge Oliver J. Lobaugh.

    About 70 people, including family and friends, attorneys and court personnel, filled courtroom benches and chairs to hear Wednesday's verdict.

    Her voice hurried, the jury foreman read the verdict.

    After the second "not guilty" was announced, the courtroom erupted.

    "I can't believe this!" cried one of Kirkpatrick's supporters.

    "You've got to be kidding," said another.

    On the other side of the room, supporters of the Lore family embraced.

    Although he was acquitted, the morning of Sept. 23, 2006, will forever haunt him, according to Lore.

    "I think about it every day," he said. "It shouldn't have happened."

    The Lores have lived at 1436 Pittsburgh Road, Sandycreek Township for 10 years, Lore said. He has no intention of moving, but his wife still won't stay in the house alone, he said.

    Lore expressed his sorrow Wednesday for the Kirkpatrick family.

    "I have great remorse for the Kirkpatricks, but if their son hadn't been breaking into my house, he wouldn't be dead."

  3. #3
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    Default Re: Shooting Trial Update, Venango County...

    Venango man acquitted of killing man kicking at his door
    Friday, February 15, 2008
    The Associated Press
    FRANKLIN, Pa. -- A retired Venango County teacher has been acquitted of fatally shooting an unarmed man outside his home through a door.

    A jury found 68-year-old Rodger Lore of Sandy Creek Township not guilty of voluntary and involuntary manslaughter in the September 2006 death of 28-year-old David Scott Kirkpatrick.

    Mr. Lore testified he thought someone was trying to break into his home when Mr. Kirkpatrick was kicking and banging on the door.

    Mr. Lore says he fired one warning shot through the door, and when the kicking wouldn't stop, fired again. The second shot was fatal.

    Police say they don't know why Mr. Kirkpatrick was at Mr. Lore's home. Authorities say a high level of alcohol and traces of marijuana were found in Mr. Kirkpatrick's system.


    NRA

    American Infidel

    You see, in this world there's two kinds of people, my friend: Those with loaded guns and those who dig... You dig.
    Clint Eastwood - The Good, The Bad, & The Ugly.

  4. #4
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    Default Re: Shooting Trial Update, Venango County...

    "I have great remorse for the Kirkpatricks, but if their son hadn't been breaking into my house, he wouldn't be dead."

    End of story.
    No signature required.

  5. #5
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    Default Re: Shooting Trial Update, Venango County...

    I have hearsay evidence that the family wants to pursue a Civil lawsuit!!

  6. #6
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    Default Re: Shooting Trial Update, Venango County...

    Quote Originally Posted by TaePo View Post
    I have hearsay evidence that the family wants to pursue a Civil lawsuit!!
    We need Castle Doctrine in PA -


    NRA

    American Infidel

    You see, in this world there's two kinds of people, my friend: Those with loaded guns and those who dig... You dig.
    Clint Eastwood - The Good, The Bad, & The Ugly.

  7. #7
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    Default Re: Shooting Trial Update, Venango County...

    They should a retired school teacher from a small town. Wake up people!

  8. #8
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    Default Re: Shooting Trial Update, Venango County...

    i think Mr.Lore did the right thing, im glad he was acquitted , i know if im at the wrong door and i hear a gun shot im outta there !!

  9. #9
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    Default Re: Shooting Trial Update, Venango County...

    Quote Originally Posted by 4XLT View Post
    i think Mr.Lore did the right thing, im glad he was acquitted , i know if im at the wrong door and i hear a gun shot im outta there !!
    Playing Devils Advocate here, Kirkpatrick never heard the gunshot. He was shot twice, through the door.

    I'm of two minds, really. On the one hand, I strongly support the Castle Doctrine and the protection it affords. On the other hand, Lore was never in danger. The perimeter had not been breached and his safety was not in question. "Always be sure of your target and what's behind it." Mr. Lore failed that aspect. He fired blindly at a closed door.

    That being said, I am glad he was acquitted. It could very easily have gone the other way though, and had he lived in a more urban area, it would have.

    Peace is the the first choice of a wise man; superior firepower a close second. ~ Me


  10. #10
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    Default Re: Shooting Trial Update, Venango County...

    Quote Originally Posted by MrUgly View Post
    Playing Devils Advocate here, Kirkpatrick never heard the gunshot. He was shot twice, through the door.

    I'm of two minds, really. On the one hand, I strongly support the Castle Doctrine and the protection it affords. On the other hand, Lore was never in danger. The perimeter had not been breached and his safety was not in question. "Always be sure of your target and what's behind it." Mr. Lore failed that aspect. He fired blindly at a closed door.

    That being said, I am glad he was acquitted. It could very easily have gone the other way though, and had he lived in a more urban area, it would have.

    How do you support your opinion that a 68 year old man and his wife are in no danger when a 28 year old man is in the process of kicking down his door?

    I'm also pretty sure he was aware of his target, the guy trying to kick down the door.

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