Bad Shoot

[Nemo]

By homeowner.  Read and discuss.

Nemo


http://www.foxnews.com/us/2017/04/04/washington-state-man-arrested-after-killing-intruder-in-shower-police-say.html

Washington state man arrested after killing intruder in shower, police say
April 04, 2017 FoxNews.com

A Washington state man was arrested on suspicion of second-degree murder after police said he shot and killed an intruder who was showering inside one of his residencies.

Bruce Fanning, 59, of Mason County, discovered a stranger showering in one of the two residencies that he owns Saturday at around 8 a.m., Mason County Sheriff’s Lt. Travis Adams said. Adams added that Fanning runs a business out of the second property.

Fanning told investigators that he first fled the scene, grabbed a gun and then returned where he opened fire on the intruder, court documents said. Fanning told police he thought the stranger was drunk and became afraid when the stranger made threats toward him.

Police said Fanning fired four shots through the shower curtain, killing the intruder, according to the New York Times. Fanning called authorities after the shooting.

The victim was identified as Nathaniel Joseph Rosa, 31, of Bothell. Rosa had worked at Woodmor Elementary School in Bothell and was described as a “compassionate educator,” according to Q13 Fox.

Police said there was no indication that Fanning was threatened by Rosa and that the facts did not support Fanning’s right to self-defense. According to Washington state law, “no person in the state shall be placed in legal jeopardy of any kind whatsoever for protecting by any reasonable means necessary, himself or herself, his or her family, or his or her real or personal property.”

Authorities were still trying to determine why Rosa inside the property.

Fanning’s bail was set at $250,000.

[JohnyMac]

This guy is going to prison on voluntary manslaughter charges at least.

Now there is a good side to this story. The perp was shot in the bathtub where blood and gore could be easily washed away. 

[grizz]

I think its a good shoot

If someone is brazen enough break into a home, use the shower and then cuss out the homeowner, they sure as heck are not afraid to hurt/kill someone

I doubt he presented a resume with references to the homeowner for him to review prior to the shooting, so mentioning his profession and what a nice guy he was in the article was useless

[Nemo]

The big problem I have is the homeowner entered the house, discovered the intruder/guest/crook and then left.  Upon leaving homeowner armed himself and re-entered the building.  Confrontation ended in fatal shooting.

Bad shoot results from part where homeowner had all the time in the world to contact cops, maintain perimeter or block exit of intruder and was never really at risk of substantial harm/damage/injury/death to himself until he returned to the situation after initial discover and leaving.

Unless there is substantial info I am not aware of.

Nemo

[Kbop]

I'm with Nemo, JM and Grizz on this one.

<warning> statement of the obvious coming up.

When the subject left the property, he was no longer in danger.  He returned and escalated to use of lethal force.  One interpretation is that he could have fled and called the local constable.  The assumption being he was no longer in danger and had no right to protect his property in person.
Or he could have exercised a second theory - the one that refers to the Magna Carta and is considered part of our legal doctrine as expressed by Edward Coke circa 1570's.  Some States that wish to amplify it, call it after the clause therein 'The Castle Doctrine'.

thus endeth my knowledge gleaned from high school civics. (sixth form or gymnasium for non US readers)

[Jackalope]

I agree it was a bad shoot, but I think there was more to the story.