Teen Gunned Down After He "Accidentally" Kicked In Door, Attacked Homeowner in Omaha

http://bearingarms.com/teen-gunned-down-after-he-accidentally-kicked-in-door
-attacked-homeowner/?utm_source=thdailypm&utm_medium=email&utm_campaign=nl_p

"His family claims that perhaps the teen had been drinking and was confused,
and thought he was at his aunt's house. Presumably, crashing in through
doors and taking a swing at those inside after they've retreated to their
bedrooms is just how Ramon greeted people."

"The district attorney said that Ramon was known in the neighborhood. and
not for his hugs. He ruled Ramon's entry a home invasion, and his swing at
the homeowner a deadly force attack justifying the use of deadly force."

"No charges will be filed."

Yeah, and the  poor misguided youth was probably just getting his life
turned around too.

Did a "swing" constitute a deadly force attack? Keep in mind that the
homeowner was 66 years old and under the law in many states battery to a
person over 65 is a felony, given the greater likelihood that an elderly
person might suffer life-threating injury from blow with a fist made by a
much younger person . Thus, under such a law, attempting to punch an elderly
person in the head would constitute a threat of lethal force, justifying the
use of lethal force in return to terminate the attack. Apparently such is
the case in Nebraska where this crime occurred.  Nebraska does not have a
"castle doctrine" law, but Nebraska Revised Statute 28-1409 does state  that
in responding to a threat of  lethal force by another "The actor shall not
be obliged to retreat from his dwelling or place of work, unless he was the
initial aggressor or is assailed in his place of work by another person
whose place of work the actor knows it to be."  Fines point of law the late
lamented youth may not have been aware of.