Utah - Homeowner allegedly shoots and kills would-be burglar

[Boreal21]

http://www.ksl.com/?nid=148&sid=13192165

Sounds like a good shoot. It will be interesting to hear how the investigation goes.

[DefensiveCarry.com]

[ctsketch]

sounds like a good shoot...and with two small children I wouldn't wait till they breached the door either...

[sigmanluke]

So far, all evidence points to a good shoot. I feel sorry that this man was forced into this experience. Not fun to have to endure. Glad he and his family are safe.

[cyberdogg]

District attorney's office said they are looking into the case to determine whether it conforms to "castle doctrine" or not.

Unfortunately, it seems to me, a Democrat (prosecutor) had been voted to replace a Republican to assume District Attorney's Office starting next January.

If the Democrat District Attorney-elect chooses to prosecute the homeowner for defending his home by killing a burglar (would-be rapist and murderer), it would be an outrage.

If that is the case, I will contact Utah state lawmakers (Republican) to complain and advocate Florida-style "stand your ground" castle doctrine law and rebuke the new District Attorney (and highlight the wrongful prosecution case to kick him out of office in 4 years or recall).

[DUNDEM]

So far, all evidence points to a good shoot. I feel sorry that this man was forced into this experience. Not fun to have to endure. Glad he and his family are safe.

Agreed. In an apparent good shoot there's still legal issues just hanging over your head until they're charges or dismissal of any.

[zacii]

Looks like a good shoot, to me. Every home invader ought to end up like this one.

And, note the usual 'he was such a good boy' story from the friends and family of the burglar

[retsupt99]

Poulton's father said his son was a good kid trying to get his life together. He says the family is in shock about how Poulton died.

This is code for...the little dirtbag had a rap sheet.

Come on...1:30 A.M. using a tool to get into a strangers house?
This little scumbag got his just rewards.

[JoJoGunn]

Poulton's father said his son was a good kid trying to get his life together. He says the family is in shock about how Poulton died.

Isn't this the "standard" answer all the parents or others say of the dead bad guy?

This is code for...the little dirtbag had a rap sheet.

I think Retsup99 has it all summed up correctly!

[cyberdogg]

More detail on the dead burglar and an arrested accomplice.

http://www.ksl.com/?nid=148&sid=13192165

In this case, it is justifiable homicide. Cheers.

The lesson is, do not trespass on private property within the distance of the house and invade a stranger's house. Or else take responsibility for the consequence for the would-be burglars to decide life or death.

The Connecticut home invasion horror in 2007 is a wake-up call that evil do happen. Evil which can be promptly removed with defender's armed force to annihilate future evil.

[sigmanluke]

From the article:

"Poulton's father says his son was the youngest of four children, had a job and was considering joining the military. He says the family can't understand what he was doing"

I'll tell you what he was doing, it's called BURGLARY, he was trying to break into someone else's home. What's so hard to understand?

[Janq]

I was discussing this item this morning with a friend who lives in Utah.

He feels that this is _not justifiable_ and that the homeowner should have issued the man a "warning".
My position is that this is a classic example of a home defense good shoot, because of one simple and critical fact;

Around 3 a.m., police say the Kearns homeowner heard noise and saw a person trying to break in the rear glass door.

My one criticism though toward the homeowner is that he was a darn fool to go outside of his home prior to "investigate" the sound of his door bell being rung.
He'd had no idea who nor _how many_ persons were out there. Stay your butt inside, turn on all the lights...And call the cops while remaining armed INSIDE your home.

Earlier, a mysterious ring of the doorbell had awakened the family. The homeowner told police at that time, he went outside to look around; so when he later heard the noise out back, fearing an intruder, he armed himself with a handgun.

Source - http://www.ksl.com/?nid=148&sid=13192165

Even still at the end of the day this is a good shoot.
It is not at all a surprise that the DA will be doing an investigation to deem this good. That is normal in many if not most states as a procedural item. Not at all specifically reflective of politics or political leaning.

- Janq

[Bubbiesdad]

This is supposed to be taken from Utah law, found on another board.

76-2-405. Force in defense of habitation.
(1) A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:
(a) the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or
(b) he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.
(2) The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.

[Coder]

... attempted entry is unlawful ... for the purpose of committing a felony.

This is why the shooter should (and probably will) be acquitted. Burglary is a felony and the perp was attempting unlawful entry to commit it. Pretty cut and dried.

[sigmanluke]

That is the correct statute, and should make for an easy investigation, especially since the accomplice admitted to attempting to break in.