(MD) Pr. George's Man Shoots, Kills Intruder (Washington Post)

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Mark Tyson

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Pr. George's Man Shoots, Kills Intruder

By Ruben Castaneda
Washington Post Staff Writer
Wednesday, January 21, 2004; Page B08

An Adelphi man fatally shot a would-be burglar who was trying to break into his house yesterday, Prince George's County police said.

The 9 a.m. shooting marked the second time in five months that a Prince George's resident fatally shot someone during an attempted crime. The Adelphi man was not identified by police because the incident is under investigation and because he has not been charged, officials said. Police and neighbors said the man is in his sixties and lives alone. As of early last night, police had not identified the man who was killed. They said he appeared to be in his early twenties.

The state's attorney's office will review the case after police complete their investigation, authorities said.

"We want to find out the circumstances surrounding the shooting and whether there's an argument for self-defense," State's Attorney Glenn F. Ivey said yesterday. "It's still too early to tell which way this is going to go."

Among the factors prosecutors will consider is whether the alleged burglar was shot in the back or front of his body, and whether he was running away or trying to break in when he was shot, Ivey said.

The shooting occurred in the 1900 block of Ruatan Street, in a neighborhood of one- and two-story brick ramblers between the major thoroughfares of Riggs Road and New Hampshire Avenue.

According to police, the younger man broke into the garage through a small window and then tried to get into the house. When he was unable to enter the house through the garage, he went back out the broken window and then propped a ladder against the house and tried to enter through a second-story window, police said.

While the younger man was on or near the ladder, the resident came out with a handgun and fired a number of shots, police said. At least one hit the younger man, who ran about 100 yards into nearby woods and collapsed, police said.

He was taken to Washington Hospital Center, where he was pronounced dead.

Richard Ferrufino, 19, who lives across the street from where the shooting occurred, said he was awakened by the gunfire.

"I just heard three gunshots in a row," Ferrufino said. "I went to my window and I saw my neighbor standing in his yard, looking down. Then he calmly walked back to his house."

In the other recent shooting, a Laurel man fired on four people who were trying to break into his SUV in September, killing a 16-year-old boy and seriously wounding a 23-year-old man. A grand jury indicted the SUV owner, Glenn R. Ellis, 37, on murder and other charges. He is scheduled to go on trial in May.
 
I am leaving!!!

Assuming all is a straight foward self def case...

They will probably charge him with enticing a criminal to break& enter by having a clearly valuable home and not having unbreakable windows.

C-
 
Well unfortunately this is Maryland and since he wasn't threatening the home owner he will probably end up being charged with something. Friggin' Maryland.
 
On the bright side, this reporter did very well. The story is even-handed and dispassionate. He never called the burglar a "victim" or the killing a "homicide."

Bravo, Washington Post!

Does Maryland subscribe to the "castle" doctrine?
 
"We want to find out the circumstances surrounding the shooting and whether there's an argument for self-defense,"

I think we all understand that legally the State's Attorney has to investigate this. But it seems that if the State's Attorney was fair and understood "innocent until proven guilty" the above statement would have read, " ....whether there's NOT an argument for self-defense." The way they seem to be investigating, they are already assuming NOT self defense, causing the homeowner to have to prove his innocence. Not that this hasn't been pointed out in lots of similar, previous threads on the subject, but this really bugs me and sometimes I just gotta get it off my chest, even if I'm repeating a prevalent sentiment around here. :(
 
He never called the burglar a "victim" or the killing a "homicide."
It was a homicide. But was it justifiable or an illegal homicide and if illegal, to what degree?
On the property as opposed to "Inside" the domicile... hmmmm.
Maybe just pushing/pulling the ladder over would do the trick, but he was in his sixties. Sounds like he didn't fear for his life too much, sounds like a man of action.
Hope he gets a clean bill on the criminal charge.
Civil wrongful death case, coming up next, being a homeowner and all, doncha think?
Either way, one sixty something year old man is now intwined in the "Legal System", not a comfortable place to find yourself unless you're a wealthy man.

Do I let him come inside, or not?
Do I "Leave the safety of my house" and confront him outside or not?
Should I shoot him or not?
Do I call the Cops before or after?
Was lethal force brought to bear against me or not?

Hmmmmm. You're the DA, you make the call based on the facts as presented so far. He'll be charged with something, I'd wager.
 
Do I let him come inside, or not?
Do I "Leave the safety of my house" and confront him outside or not?
somebody correct me if I'm wrong, but iirc, the law in MD basically says if you had to ask yourself the first question, you're in trouble (something about it being illegal to ambush someone in your own home).
I'm also pretty sure going outside and confronting him wouldn't be covered under the castle laws in MD either IIRC, basically, unless you're surprised by the person while they're in your house, you can't use lethal force.:rolleyes:
 
I'm no expert, but I think he will be charged.

Walking outside and popping someone on a ladder trying to break in probably won't play in this state. (its the "resident came out with a handgun" that may make it look like the homeowner was looking for a confrontation).

But, as usual, there may be more to it than was presented in the article.
(i.e, did he call 911 first?)
 
nico and greyhound are basicly correct. If the guy had waited til ladder man got in the house, then shot him, everything wold be fine.

I still hope he doesn't get charged and that the guy in Laurel isn't convicted.
 
Now if he had Girlfriend in house he might be OK. Run outside to see what is noise and see intruder breaking into his wife/GFs room.
 
on the news tonight they said that the shooter was protecting a female friend who was running from the assailant. When she got into the house, he punched through a window in the door (I guess that's the window in the garage they're talking about) and opened it, then tried to get in through the second floor. IMO, there's no doubt this piece of scum posed a threat.
 
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