Castle doctrine. He was in the home. The prosecution will have to prove the defendant did not feel reasonably threatened. That's hard to do. If the victim did in fact make an attempt to surrender, for instance - and the defendant shot him anyway - that's absolutely not legal. But how do you prove -beyond a reasonable doubt- that happened without, say, a video tape?
On the other hand - Rodney Peairs shot and killed a Japanese exchange student who was OUTSIDE his home and who had simply gone to the wrong house for a Halloween party. - AND HE GOT AWAY WITH IT -
Death of Yoshihiro Hattori - Wikipedia, the free encyclopedia
Yup, the Hattori case has been cited in this thread. In the instant case what undermine's the "self-defense" defense is that the defendant was clearly on
offense -- having baited his garage and left it open and then having taken a sniper position
outside the house, aiming back
into the garage, so that exiting the garage would be impossible. He then strafed the entire facing of the garage (with a shotgun) to ensure wiping out whoever or whatever was in there, regardless whether the intruder attempted to leave or not, with no warning at all (in other words, ambush).
And, he predicted his own offensive action a week before the event (it apparently took that long for anyone to take the bait).
This is all described in the criminal complaint, which is linked back in post 202 in its entirety. This offensive posture is in fact the whole reason he got booked with "intentional homicide" in the first place.
Then of course there's the matter of shooting into the darkened void, without knowing who or what one is shooting at, which could have been a child, a police officer investigating, an animal, or Flo from Progressive Insurance. No one from the kill-em-all crowd seems to want to address that little bit of firearm responsibility.
Actually it might have been better if it
was Flo from Progressive Insurance...