Taylorsville man shot in self-defense, prosecutors say

[Desertdog]

Taylorsville man shot in self-defense, prosecutors say
http://www.abc4.com/local_news/loca...ntent_id=C45D27F3-7501-4407-A678-4D90C2F10545

He called it self-defense and prosecutors agreed with him.Two weeks ago, Ryan McManigal fired at alleged intruders at his home.

He went outside in pursuit and fired more shots. Three stray bullets went into the homes of neighbors. "I did what I had to do man, got to protect your house," McManigal told ABC4 News. "They were going to try and kill me."

This week the Salt Lake District Attorney determined that McManigal was justified in protecting himself.

McManigal said the intruders were one time friends. He said one of the men, Randy Harvey got into a fight and nearly broke the jaw of his room mate. He said Harvey left but returned with two more men. He claimed Harvey tried to break down his door.

So he fired warning shots. Then he fired at Harvey, hitting him in the ankle. He also shot at Ricky Archuleta, hitting him in the back of the leg. "I was aiming at the legs I didn't want to kill them," McManigal said. "Once I felt they were going to attack me I just shot at them."(Do you think it is a good idea to say this?)

At the time, James Doan was watering his lawn. One of the bullets hit his fence. Another bullet flew by him, missing him by inches. Doan's upset the man who nearly shot him wasn't charged. "Very upset because we're talking about life here," said James Doan.

And other neighbors who didn't want to appear on camera are also angry that McManigal isn't being charged. "I don't think any kind of violence is good especially to go out on the streets especially with people around," Doan said.(don't look for help from this guy.)

McManigal said he never aimed for his neighbors and that the bullet must have bounced off the sidewalk. "It was from a reflection off the driveway," he said. "It wasn't like I was shooting in the air shooting at the house, I feel bad for that."

Prosecutors did file charges against Harvey and Archuleta for burglary and assault.

 

[Thefabulousfink]

It sounds like Ryan McManigal is one luck SOB. This is a questionable shoot at best.

Ryan's mistakes:

1. Fired warning shots. (shots entered neighbors' houses) could be reckless endangerment or manslaughter (if one had hit somebody).
2. "I was aiming at the legs I didn't want to kill them" could be easily turned by an lawyer into "I wasn't in fear for my life, I just wanted to hurt them".
3. having these type of "friends" and not calling the police after the first incident.

 

[Hypnogator]

Ryan may have gotten by the criminal justice system, but I doubt he'll survive the civil litigation with a pot to pi$$ in.

 

[Car Knocker]

76-2-405. Force in defense of habitation.

1.A person is justified in using force against another when and to the extent that he reasonably believes that the force is necessary to prevent or terminate the other's unlawful entry into or attack upon his habitation; however, he is justified in the use of force which is intended or likely to cause death or serious bodily injury only if:

a.the entry is made or attempted in a violent and tumultuous manner, surreptitiously, or by stealth, and he reasonably believes that the entry is attempted or made for the purpose of assaulting or offering personal violence to any person, dwelling, or being in the habitation and he reasonably believes that the force is necessary to prevent the assault or offer of personal violence; or

b.he reasonably believes that the entry is made or attempted for the purpose of committing a felony in the habitation and that the force is necessary to prevent the commission of the felony.

2.The person using force or deadly force in defense of habitation is presumed for the purpose of both civil and criminal cases to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.


I don't think he has to worry about civil penalties in this instance. His homeowner's/renter's insurance (if he has any) will probably take a hit for the property damage, though.