Be interesting to see if this was justifiable homicide

[HiredGoon]

http://www.post-gazette.com/pg/08102/872474-100.stm

Retired cop kills 1, wounds 1 during Pittsburgh area break-in

Friday, April 11, 2008
By Dennis B. Roddy, Pittsburgh Post-Gazette

A retired city police officer interrupted three burglars at the Lincoln-Lemington home where his daughter lives and shot two of them, killing one.

Police reported the shooting occurred in the 6400 block of Apple Avenue around 12:40 p.m. today. The home is owned by Darrell Benton, according to Allegheny County real estate records, and neighbors and sources connected to the investigation confirmed that he was the man who surprised the burglars.

A neighbor called Mr. Benton and told him that a man was kicking in the back door of the house. He rushed to the scene and came upon three young men ransacking an upstairs room of the house, according to police.

One of the intruders, identified by police only as a 17-year-old male, fled the scene. Mr. Benton shot one burglar in a second-floor bedroom, and held another at gunpoint and called 911. Between the 911 call and the arrival of police, the man apparently shot the third burglar.

One man was pronounced dead at the scene, the other was taken to UPMC Presbyterian where he is listed in critical condition, according to police spokeswoman Diane Richard.

Police later had to remove a young man who arrived at the home demanding to see what he said was body of his brother.

[sgt7546]

Looks good to me.

[Michele]

The media?
Retired officer?

We will NEVER know the truth.

[NineseveN]

Was the daughter home? That will probably make a difference. I don't know about this one...not enough info to tell.

[larrymeyer]

[B]One of the intruders, identified by police only as a 17-year-old male, fled the scene. Mr. Benton shot one burglar in a second-floor bedroom, and held another at gunpoint and called 911. Between the 911 call and the arrival of police, the man apparently shot the third burglar.

I'll be interested to see what happened at this point

[MrUgly]

Strictly speaking, he had no reason to engage the burglars. He placed himself in harms way by rushing over and entering a house he knew was being burgled. The situation would be easier if his daughter was home, then he would have been acting in her defense.

Now, will it be ruled justifiable? Probably. Would I have done the same thing? Probably. Difference is, I likely wouldn't get away with it.

[aryfrosty]

It seems that the man didn't "rush in and shoot" anyone...It would be germane to the finding if the burglars menaced or threatened the shooter. He had a "right" to be in his daughter's home to protect her property, but not to shoot at this point. It is hoped that he was versed in "shoot-don't shoot" and when he shot it was because they were smack talkin' him about what they were gonna do and then trying to do it. Don't know about Pa., but many states have laws that there is no "duty to flee" from a PLACE YOU HAVE A RIGHT TO BE.

[tes151]

Any person who would invade another persons home to steal what they have worked hard for should have no expectation of living if caught. IMHO.

[NineseveN]

It seems that the man didn't "rush in and shoot" anyone...It would be germane to the finding if the burglars menaced or threatened the shooter. He had a "right" to be in his daughter's home to protect her property, but not to shoot at this point. It is hoped that he was versed in "shoot-don't shoot" and when he shot it was because they were smack talkin' him about what they were gonna do and then trying to do it. Don't know about Pa., but many states have laws that there is no "duty to flee" from a PLACE YOU HAVE A RIGHT TO BE.

You have a duty not to escalate or create the situation in the first place. Unless the daughter was there, he had a right to be in the home, but he did not have the presumption of innocence at the point where he inserted himself into a situation while he was armed knowing that the people were in there. It sounds like he went in there to confront them, the only problem with this is that a DA is likely to consider that an escalation of the situation. The only thing that will save him is if his daughter was in the home (or he had a legitimate reason to believe she was), that he's a cop or that the DA is very sympathetic.

[aryfrosty]

Common sense would seem to dictate that he would have been a fool to go into the house if he was not armed. I wouldn't try to make any assertions about Pa. law, but if he was where I spent my career it would have been , "bad guys 0---good guys 2". I have never expected anyone to sit around being victimized while waiting for the Police to get there.