NH Burglar shot & killed (STUPID CRIMINAL STORY)

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aut2no

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Article in its entirety:
http://www.theunionleader.com/articles_showa.html?article=60484


ROCHESTER — A Fremont man was shot to death about 1:45 a.m. yesterday at a home at 80 Pine St. in a case that neighbors say may be connected to a string of break-ins.

Bryan J. Gaedtke, 21, was carried in a body bag from the single-family house a block from the Rochester Fairgrounds. State Attorney General Kelly Ayotte's office is investigating the case with Rochester police; they disclosed few details yesterday.

But neighbors said they believed a resident of the home shot Gaedtke because he broke into the house in the middle of the night. A second-story window screen in the rear of the house was damaged.


Rochester police investigate the shooting death of Bryan Gaedtke of Fremont yesterday at a house at 80 Pine St. (BRIAN DeKONING)

Authorities would not comment on who shot Gaedtke or what type of gun was used, but said no charges have been filed in connection with the death.

"We will release details as necessary as they become available," said Peter Odom, a state assistant attorney general.

The two-story home is in a relatively quiet section of town generally occupied by families and empty-nesters. Geoff and Jocelynn Hamann live in the house with their two young children. Geoff Hamann declined to comment yesterday.

Outside, colorful toys were scattered in the tidy yard enclosed by a chain-link fence. A baby stroller, a Subaru SUV and a Chevrolet pickup truck were parked in the driveway.

A bumper sticker on the truck read: "Gun Control means using both hands."

**********
TIP OF THE HAT TO http://massbackwards.blogspot.com/ for lead to this story
 
Burglarizing an occupied dwelling at night in New Hampshire is a very, very hazardous thing to do.

Over the years, I've asked many people what they think the percentage of homes in NH that have a firearm and ammo, one type or another, close at hand. Best guess...maybe 70%. Might be the .30-.30 deer gun in the closet, the .45 that Dad brought back from the war, that Ruger the owner got a good buy on, etc. but the guns are there and able to be put to use in a hurry.

Well, as a cop friend of mine is fond of saying: "Criminals is stupid."
 
Hopefully a good shoot legally for the shooter's sake. Certainly good for the rest of the world to be down one dirt bag if indeed the story is correct and the guy was a burgular.
 
Here's a clip from a follow-up story about this ...

.....

Deadly force is allowed in certain situations, said Peter Odom, assistant attorney general.

"For example, if you reasonably believe that someone's about to use deadly force on you," he said. "Keep in mind, that doesn't mean that if someone steps onto your property that you can shoot them."

State law says: "A person is justified in using deadly force upon another person, when he reasonably believes that such other person: ... is about to use unlawful, deadly force against the actor or third person; (or) is likely to use any unlawful force against a person present while committing or attempting to commit a burglary."

The law also says a person cannot use deadly force in self-defense if he is able to "retreat from the encounter, except that he is not required to retreat if he is within his dwelling or curtilage and not the initial aggressor," meaning, within one's one dwelling and the land surrounding it.

.......

The entire story is in today's edition of Foster's Daily Democrat, a NH newspaper.

Note the 'not required to retreat' bit, also, new word for me, 'curtilage'...
 
When are more states going to employ relative "Castle Laws" like Florida? Any others got them?
 
The bumber sticker might have been the icing on the cake, maybe he was looking for a gun or two...probably upset him that when he found them, they were aimed directly at his torso, right in front of the owner. Better luck next time!
 
Sounds like he got what was coming to him.
I know it is sad to hear about people getting killed, but when someone like this dies, I have a very hard time mustering up any sympathy for them. Maybe if he had gotten a job and worked like the rest of us for his belongings instead of trying to take what didn't belong to him he might still be here. :fire:
 
Be careful comparing Texas castle doctrine to Floridas. They are not the same, Floridas is leaps and bounds better than Texas.

Texas' only considers your "residence" your castle, Florida considers wherever you happen to rightfully be as your castle, including a car, or even your "personal space". Much better definition.
 
Update To Story

2 articles

http://cbs4boston.com/local/local_story_267065349.html

AP) ROCHESTER, NH The attorney general says a Rochester, New Hampshire man who fatally shot a home intruder won't face criminal charges.

Investigators say 28-year-old Geoffrey Hammann feared for his family's safety and was justified in using deadly force against 21-year-old Bryan Gaedtke on September 15th.

Authorities say Gaedtke had ignored several verbal warnings to leave before Hammann reached for his gun. They said at the time of the shooting, Gaedtke was naked and headed toward a child's bedroom. He died of a single shot to the chest.

Police believe Gaedtke had been drinking and tried to break into another house before reaching the Hamman house that night.


http://www.theunionleader.com/articles_showa.html?article=60875

AG: Rochester resident justified killing intruder
By BRIAN DEKONING
Union Leader Correspondent



ROCHESTER — The Pine Street resident who killed a naked intruder earlier this month was justified in using deadly force to protect his family, according to state Attorney General Kelly Ayotte.

On Sept. 15, in a quiet family neighborhood a block from the Rochester Fair Grounds, Geoffrey T. Hamann, 28, shot Bryan Gaedtke, 21, of Lee once in the chest after Gaedtke broke into Hamann's second-floor bedroom window about 1:45 a.m. Gaedtke died in the house.

Authorities said Gaedtke approached Hamann's wife, Jocelynn Hamann, and the couple's two young children despite verbal warnings from Hamann.


Rochester police investigate the Sept. 15 shooting on Pine Street that killed Bryan Gaedtke, who police say broke into the home and was shot by the homeowner. (FILE PHOTO/BRIAN DEKONING)

Investigators also revealed yesterday further bizarre behavior from Gaedtke that led to the shooting. He was reportedly naked and clutching a tube of mechanical lubricant when he ripped down a window screen and climbed into Hamann's house.

Gaedtke was likely impaired by alcohol and other substances when he died, according to investigators, who were not available last night to comment on what those substances were.

Hamann told police that he warned Gaedtke to get away when he spotted the intruder on the roof outside the couple's bedroom. Jocelynn Hamann hurried from the bedroom, grabbed her 1-year-old child and called police, according to investigators.

At the same time, Hamann showed Gaedtke his unloaded handgun as a further deterrent but Gaedtke entered the couple's bedroom and walked down a hallway toward a second bedroom where Hamann's wife and youngest child were, according to Ayotte's office.

During the home invasion, Gaedtke reportedly yelled, "I'm coming to get you," repeatedly and was in a hallway between Geoff Hamann and his family before Hamann, who served in the U.S. Marines, loaded his gun and shot Gaedtke. Investigators said there was no evidence of a previous connection between the Hamanns and Gaedtke.

Investigators also said yesterday that they believe Gaedtke was responsible for another nearby intrusion and an attempted intrusion the same morning and that Gaedtke acted alone.

The shooting and the other incidents shocked residents of the quiet neighborhood. The Hamanns' neat, fenced yard is filled with bright children's toys. A bumper sticker on a pickup truck in the driveway read "Gun Control means using both hands."

Gaedtke was the son of Larry Gaedtke of Lee and the late Merrilee Gaedtke (Smith) Gaedtke, according to a newspaper obituary. He attended Oyster River High School and had gone to a technical school for welding.

Gaedtke also worked in construction and for a moving company. Gaedtke's family said he enjoyed hunting, fishing and being with his family and pets.

Under state law, a homeowner may use deadly force when it is reasonably believed that someone is about to use unlawful deadly force against the homeowner or a third person or if the homeowner thinks a person is likely to use unlawful force against anyone else in the house in the course of a burglary .

State law also allows for a homeowner to use deadly force during certain
 
cont'd

State law also allows for a homeowner to use deadly force during certain felonies against the home involving unlawful force, according to Ayotte's office.

The finding that Hamann legally used deadly force to protect his family means it is unlikely that any charges will be filed.
 
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