http://www.sltrib.com/ci_10499013
Um, Officer McLachlan, how about defense of life? I think property is secondary here. The man was obviously there with malice aforethought.
Absolutely spot-on, A+ self-defense case.
Man shot after breaking in on estranged wife and her boyfriend
By Lindsay Whitehurst
The Salt Lake Tribune
Article Last Updated: 09/18/2008 11:57:49 AM MDT
Posted: 11:55 AM- Robert Hunter, 50, was shot Wednesday after he broke in on his romantic rival and estranged wife at the other man's home in West Valley City, police said.
Served with divorce papers earlier that day, Hunter broke a sliding glass door and entered the home of Joe McIntosh, 48, with two loaded handguns at about 9 p.m., West Valley City police Lt. Tom McLachlan said.
McIntosh "feared for his life" and he shot Hunter at least once with a 12-gauge shotgun, McLachlan said.
Hunter fled the house near 3700 South and 6000 West toward his truck, which was parked a street away. Someone at the house called police, who found Hunter wounded in the chest and arm. He was flown to University Hospital by helicopter in critical condition, but was upgraded to stable condition Thursday and is expected to survive.
McIntosh was not injured. The two men knew each other and had exchanged threats before, McLachlan said.
Hunter and his wife had been separated for about two months, but exact nature of her relationship with McIntosh was unclear. Her name was not released.
McLachlan would not say whether the two men fought or whether Hunter's firearms had discharged.
McIntosh was taken into custody and interviewed, but later released. Under Utah law, a resident has the right to protect his property, but he or she must use "reasonable force," McLachlan said.
The case will be sent to the Salt Lake County District Attorney's office for screening for possible charges today.
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Um, Officer McLachlan, how about defense of life? I think property is secondary here. The man was obviously there with malice aforethought.
Absolutely spot-on, A+ self-defense case.