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How far is too far for self-defense?
By Erin Hemme Froslie, The Forum
Published Wednesday, September 21, 2005
Kenneth Holicky woke up to the sound of glass shattering early Saturday morning in the South Dakota lodge where he lives.
Because he was afraid, the owner of Circle K Resort on Lake Traverse grabbed his shotgun before stepping outside his bedroom, said the county’s sheriff.
There Holicky saw the silhouette of a person trying to enter the attached bar. He pointed the shotgun at the person and pulled the trigger.
By the time the sun came up, two teenagers had been taken to area hospitals with gunshot wounds.
The case begs the question: When is it appropriate for homeowners to take matters into their own hands?
“There’s a strong feeling in America that your home ought to be safe and you ought to be able to do anything necessary to keep it safe,” said Joseph Olson, a professor at Hamline University School of Law in St. Paul.
While state laws vary, most allow a homeowner to use deadly force against an intruder if there is an imminent threat of death or injury, Olson said.
North Dakota and Minnesota fall into this category.
About 40 percent of states allow homeowners to use deadly force in certain kinds of property crimes, he said.
According to South Dakota law, a person may use force for self-defense or to protect property, as long as that force isn’t more than necessary.
Because of these state laws, “defense of dwelling” cases rarely go to trial, he said.
“Every member of the county grand jury will live in a dwelling. If it goes to trial, every member of the jury will live in a dwelling,” Olson said. “You just can’t win them.”
The two boys, ages 14 and 15, likely will face several charges, including burglary and possession of stolen property, said Roberts County (S.D.) Sheriff Rick Moen.
Holicky probably won’t be charged, Moen said.
“(The teens) are the suspects, not the victims here,” Moen said.
The case is still under investigation, and many details are still unknown.
It’s these details that make a difference in whether a shooting like the one in South Dakota is justified, said Kevin Thompson of North Dakota State University’s criminal justice department.
For example, if the teenagers were running away when they were shot, it would be more difficult to claim self-defense. The age of the intruders shouldn’t make a difference, he said.
“There may be outrage in the community if someone were to face charges for defending their property and self,” he said.
Moen, the Roberts County sheriff, said Holicky couldn’t tell how old the suspects were because it was too dark.
“He is very shaken up about the whole ordeal,” Moen wrote in a statement to media.
When Holicky first pulled the trigger, the gun didn’t fire because the chamber was empty. The resort owner went to his bedroom to add two shells to the gun. By the time he returned to the bar, at least one person was inside.
Holicky fired two shots inside the lodge, which is also his home, Moen said. The suspects left, but later arrived at the Sisseton hospital with gunshot wounds.
One boy was flown to MeritCare Hospital in Fargo.
The South Dakota county shares a border with Minnesota and North Dakota.
The teens’ names are not being released because they are juveniles. Moen didn’t know how badly they were injured.
While police investigated the crime, they discovered the teenagers were possibly involved in two other break-ins earlier that morning.
Roberts County State’s Attorney Kay Nikolas declined to comment on the case, saying it was still under investigation.
Nobody answered calls made to Holicky’s residence and business Monday and Tuesday.
Moen said he doesn’t encourage people to take matters of the law into their own hands. But he understands why they do it.
“I tell them, they have the right to defend their property and their life,” he said. “I’m sure I’ll get in trouble for that, but that’s the way I feel.”
http://www.in-forum.com/articles/index.cfm?id=103582§ion=news
You know that rule about always treating a firearm as though it's loaded? Well, if you're planning on using it to defend yourself, it dang well better be loaded.... What I can't figure out is, did the kids see him come out, try to fire and then wait for him to load some shells and come back?
By Erin Hemme Froslie, The Forum
Published Wednesday, September 21, 2005
Kenneth Holicky woke up to the sound of glass shattering early Saturday morning in the South Dakota lodge where he lives.
Because he was afraid, the owner of Circle K Resort on Lake Traverse grabbed his shotgun before stepping outside his bedroom, said the county’s sheriff.
There Holicky saw the silhouette of a person trying to enter the attached bar. He pointed the shotgun at the person and pulled the trigger.
By the time the sun came up, two teenagers had been taken to area hospitals with gunshot wounds.
The case begs the question: When is it appropriate for homeowners to take matters into their own hands?
“There’s a strong feeling in America that your home ought to be safe and you ought to be able to do anything necessary to keep it safe,” said Joseph Olson, a professor at Hamline University School of Law in St. Paul.
While state laws vary, most allow a homeowner to use deadly force against an intruder if there is an imminent threat of death or injury, Olson said.
North Dakota and Minnesota fall into this category.
About 40 percent of states allow homeowners to use deadly force in certain kinds of property crimes, he said.
According to South Dakota law, a person may use force for self-defense or to protect property, as long as that force isn’t more than necessary.
Because of these state laws, “defense of dwelling” cases rarely go to trial, he said.
“Every member of the county grand jury will live in a dwelling. If it goes to trial, every member of the jury will live in a dwelling,” Olson said. “You just can’t win them.”
The two boys, ages 14 and 15, likely will face several charges, including burglary and possession of stolen property, said Roberts County (S.D.) Sheriff Rick Moen.
Holicky probably won’t be charged, Moen said.
“(The teens) are the suspects, not the victims here,” Moen said.
The case is still under investigation, and many details are still unknown.
It’s these details that make a difference in whether a shooting like the one in South Dakota is justified, said Kevin Thompson of North Dakota State University’s criminal justice department.
For example, if the teenagers were running away when they were shot, it would be more difficult to claim self-defense. The age of the intruders shouldn’t make a difference, he said.
“There may be outrage in the community if someone were to face charges for defending their property and self,” he said.
Moen, the Roberts County sheriff, said Holicky couldn’t tell how old the suspects were because it was too dark.
“He is very shaken up about the whole ordeal,” Moen wrote in a statement to media.
When Holicky first pulled the trigger, the gun didn’t fire because the chamber was empty. The resort owner went to his bedroom to add two shells to the gun. By the time he returned to the bar, at least one person was inside.
Holicky fired two shots inside the lodge, which is also his home, Moen said. The suspects left, but later arrived at the Sisseton hospital with gunshot wounds.
One boy was flown to MeritCare Hospital in Fargo.
The South Dakota county shares a border with Minnesota and North Dakota.
The teens’ names are not being released because they are juveniles. Moen didn’t know how badly they were injured.
While police investigated the crime, they discovered the teenagers were possibly involved in two other break-ins earlier that morning.
Roberts County State’s Attorney Kay Nikolas declined to comment on the case, saying it was still under investigation.
Nobody answered calls made to Holicky’s residence and business Monday and Tuesday.
Moen said he doesn’t encourage people to take matters of the law into their own hands. But he understands why they do it.
“I tell them, they have the right to defend their property and their life,” he said. “I’m sure I’ll get in trouble for that, but that’s the way I feel.”
http://www.in-forum.com/articles/index.cfm?id=103582§ion=news
You know that rule about always treating a firearm as though it's loaded? Well, if you're planning on using it to defend yourself, it dang well better be loaded.... What I can't figure out is, did the kids see him come out, try to fire and then wait for him to load some shells and come back?
