An example of a justifiable homicide under Minnesota's "Castle Doctrine"
law. Not really different than other states' castle doctrine laws. Under
castle doctrine in most states, the homeowner does not have to prove that he
acted with justification, rather the burden is on the district attorney to
prove that the homeowner did not act with justification before charges can
be made against the homeowner in court.
"23-year-old Gypsy Watt is dead, and a 16-year-old boy was arrested, then
charged with burglary and assault on Friday. A cancer patient is shaken up
after the two broke into his Pine County farmhouse around 2:30 a.m.
Thursday."
Police say the men, who were just out of jail, when they broke into
75-year-old Charles Carlson's home, on Fox Road near Sandstone. Both men
have long criminal histories, and one had a gun.
Carlson struggled with the intruder and managed to grab his own gun. He shot
one of the intruders, Watts, who died at the scene.
Pine County Sheriff Robin Cole tells KSTP that Watts, along with the teen,
went to Carlson's farm to steal his painkillers that he takes for pain
associated with his terminal cancer.
The teen escaped and was arrested hours later behind a flower shop in
downtown Sandstone. Two others were questioned and released.
Carlson is cooperating with investigators and is not likely to face legal
consequences. The Sheriff says the shooting is believed to be a justified
use of force.
Although the second suspect is only 16, authorities are pushing to have him
certified to stand trial as an adult. If convicted, the penalties are much
more severe in adult court than juvenile court.
The County Attorney will review the case to see if it fits the "Castle
Doctrine". It's law in several states, including Wisconsin. It allows
homeowners to use deadly force against uninvited intruders. Minnesota law
requires more responsibility on the part of the homeowner or shooter.
"The reason that I call what we have in Minnesota, not the castle doctrine,
not the stand your ground doctrine, but the reasonable belief doctrine, is
because the words of the statute. You must reasonably believe that you are
in great danger of great bodily harm or death or that you are trying to
prevent the commission of a felony, in your place of abode, your house,
where you live," said Joseph Daly, Emeritus Professor at Hamline University
School of Law.
In 2012, Governor Mark Dayton vetoed a bill that would have expanded
Minnesota's deadly force doctrine to places other than just the home.
The current law is listed under 609.065, Justifiable taking of life.
It reads:
"The intentional taking of the life of another is not authorized by section
609.06, except when necessary in resisting or preventing an offense which
the actor reasonably believes exposes the actor or another to great bodily
harm or death, or preventing the commission of a felony in the actor's place
of abode."
By Epictetus
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