Quote:
Originally Posted by ChattanoogaPhil
Unless there's a law in Washington that forbids a property owner from willfully approaching a trespasser, or otherwise requires a property owner to flee in the presence or suspected presence of a trespasser, it seems to me that the issue is whether or not the property owner was acting in self defense at the time of the shooting.
Not sure how a jury would see it. Seems to me our nation is moving toward the general notion that absent running away and hiding under the bed that the victim of crime is complicit.
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The problem, Chat, is that he left, armed himself, and came back. That doesn't spell "victim" to me--it spells "dumb". Calling this guy a victim is a disservice to real victims--battered wives, poor folk in urban dystopias, rape victims, and survivors of violent encounters. People that, one way or the other, didn't have the option of just walking away. He had every opportunity to do the smart thing and call the cops.
But, like a couple of us opined, there's a bit more to this story.
Prosecutors File First-Degree Murder Charges in Belfair Shooting Death of Man in Shower | Crime & Sirens | chronline.com
Turns out the deceased was drunk. These sorts of drunk break-in shootings are, in my estimation, one of the hazards of drinking that much. A tragedy, much the same as wrapping your car around a tree or running over a kid--your own damn fault.
Gets worse, though.
The homeowner--Bruce Fanning--
did confront the deceased (Nathaniel Rosa), during Round One. Fanning claims Rosa uttered "unintelligible threats", at which point Fanning returned to his house, retrieved a S&W in .45, and went for Round Two. Then at some point, he shot Rosa three times, allegedly through a shower curtain. Nothing I've read states that the bullets were recovered from Rosa's body, which would prove that the shower curtain was in between him and Fanning. In other worse, best-case scenario, they were through-and-throughs.
Note that all of this is based on
the accused's own testimony. This is as good as he can make it sound.
So, there are only two scenarios:
(a) he believed Rosa was a threat, in which case, why did he confront him again instead of calling the police?
(b) he did not believe Rosa was a threat, in which case, why did he arm himself?
Neither scenario is exactly a good one.
Here's the deceased: a big, burly guy that I sure as hell wouldn't start a fight in a bathroom with:
Here's Fanning, at his arraignment. The kind of photo your local news is just
dying to get--the accused smiling while in court for murder:
Personally, I'd say there's no real victim here. Rosa was drunk of his own accord--that's his damn problem. If he rolled over grandma in his truck, we'd all be ready to tie a noose for him. But Fanning's own account makes zero sense, and he bought his troubles with his own money. I don't have an ounce of sympathy for him, either.