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Let's see. Entered the home around 11:30 pm. That makes the "visitor" a burglar. Burglary is a felony for which a deadly force response is justified where I live. You don't have to determine motive or criminal intent. The fact that the man entered a dwelling at that time, uninvited IS criminal intent. Then there is the thing about refusing to leave when told and then approaching the occupants of the dwelling. What more do you need? Only questions that might be posed could be why was he there and was he known to the occupants. But neither of those questions are relevant to the actions of the homeowner.

When a burglar is in your home, the onus of liability is not on your actions but his. Should you choose to yell at him to get out and he does, then that is your take and if you're comfortable doing this then fine. On the other hand, if you take the decision to use deadly force, you have no duty to warn him or to make certain that he has the means to do serious bodily harm on you and yours. He is a burglar and that makes him open to immediate targeting. So it really becomes a personal decision as to what you, the legal occupant, wishes to do about the matter.
 
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May not be criminal intent if the home invader was mentally diminished. Could be he went to the wrong house for some reason; drunk, high, or any cause of temporary or permanent dementia. That still doesn't negate the right to defend oneself and one's family. The fact he didn't leave when instructed to do so, and instead allegedly continued advancing on the family, justifies the shooting. It's sad he died, especially if it was due to some sort of mental condition causing disorientation.
 

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Doesn't matter if the intruder was mental, drunk or otherwise. He advanced on the homeowner after being told to leave. I would have shot him under the same circumstances.
 

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May not be criminal intent if the home invader was mentally diminished. Could be he went to the wrong house for some reason; drunk, high, or any cause of temporary or permanent dementia. That still doesn't negate the right to defend oneself and one's family. The fact he didn't leave when instructed to do so, and instead allegedly continued advancing on the family, justifies the shooting. It's sad he died, especially if it was due to some sort of mental condition causing disorientation.
This may be all well and good, however would you be willing to risk your life and that of any other occupants of the home were something like this to take place? The reality is that it IS a matter of judgement. By that I mean what are the core moral beliefs of the potential victims? Are they inclined to determine the reason the intruder is in their home?

The bottom line is rather simple. Does one feel that the safety of themselves and others in the home is in serious danger. While that is not a requirement where I live under these circumstances, it very well may be both a legal and a moral consideration with a lot of people in the country. One's best approach is to have already considered their options, responsibilities, and actions, based upon the law and their own convictions, prior to such an event taking place.
 

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SouthernBoy, thank you for agreeing with me. You sound like my wife, arguing when we agree.
I prefer not to think of discussions on this, or any other forum, as arguing. It has been my experience over the years to try to avoid such entanglements since all too often they tend to lead to heated verbal/text confrontations. I learned a long time ago that when your opponent has run out of substantive facts and turns to emotional attacks, you have won. But in your win, you may wind up going through a gauntlet and be quite frazzled at the end of it all. Besides, people with different takes may just have something of value to add that one has not considered before. I see that as a good thing.

As for an intruder into one's home in the night, what a homeowner may choose to do is going to be guided by the law and his own personal moral code. I would hope that both of these factors will allow an effective action on his part to meet the threat and do what must be done in the moment to protect him and his family, whatever that action may be.
 
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