Proper Self Defense? Man Shoots Suspected Trespasser in Back
EWA BEACH, HI — A shooting meant to ward off trespassers (and possible potential home invaders) is being examined by authorities trying to decide whether the resident who pulled the trigger was justified in his use of deadly force, or whether he went too far.
A decision like this would be difficult under good circumstances, but these aren’t good circumstances.
The residence is in Hawaii, one of the least gun-friendly states in the union.
As KHON2 reports:
According to sources, a 51-year-old resident found two men that were wearing masks on his property. He told the men he had a gun, and then shot one of them in the back as he was trying to run away.
Some wonder whether he really did anything wrong. The man that was shot took himself to the hospital and was listed in stable condition. Attorney Victor Bakke says Hawaii’s self-defense law will protect you, but it depends on the amount of force used.
The shooting took place at the bottom unit of the home where crime tape still remains. Bakke says a person needs to be in serious danger in order to claim self-defense. In this circumstance where one of the trespassers was shot in the back, Bakke says the self-defense law could protect the resident.
“Absolutely shooting someone in the back can always be open to interpretation,” Bakke explained. “If they were inside the house then it’s pretty clear that they probably will get shot, and that would be justified.”
It’s tricky because the trespassers were not in his home, but at the same time they were masked.
I mean, come on. The resident clearly interrupted a pair of thugs who were about to break in.
It’s hard — of course you want to treat your property like the inside of your home — but in your best legal interest, I beg you to consult your local and state laws before you have to navigate them in an earnest scenario.
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