NH home owner shoots home invader
Just three months ago in Rochester, NH, a man shot and killed an armed home invader.
The local rag "Foster's Daily Democrat" actually did a decent piece on what are your legal rights to use deadly force (gun) in defense of your home. Here it is...
Sunday, September 25, 2005
Self-defense cases often a legal dilemma
By ROBERT M. COOK
Staff Writer
[email protected]
Although the New Hampshire Attorney Generals Office ruled on Friday that a Sept. 15 shooting at a Rochester home was justified, the law governing self defense doesn't provide a license to kill, legal experts say.
Investigators determined Geoff Hamann of 80 Pine St. in Rochester was justified in using deadly force when he shot and killed Brian Gaedtke, 21, of Fremont after he had broken into Hamann's home.
Hamann looked out his bedroom window and saw a man, later identified as Gaedtke, climbing onto the roof of an entranceway below his bedroom window. Hamann "verbally warned" Gaedtke to leave the premises, then displayed his unloaded handgun as a further deterrent, according a statement by investigators.
Gaedtke continued to climb the roof, repeatedly yelling: "I'm coming to get you," investigators said.
Gaedtke broke through the screen of one of the master bedroom's windows, then walked into the hallway, putting himself between Hamann and his youngest child's bedroom. He advanced down the hallway and turned in the direction of the child's bedroom, where Hamann's wife and child were still located. Fearing for his family, Hamann fired a single shot that hit Gaedtke in the chest and killed him, investigators said.
As clear as this latest self-defense case may have seemed, Senior Assistant Attorney General Will Delker said every such case is different and must be investigated to determine if a self-defense claim is valid.
Home self-defense laws are designed to protect people who have no choice but to use deadly force to protect themselves and their families. But those who don't act within the legal confines of law often end up as defendants who have to prove they acted in self defense to avoid going to jail, Delker said.
He called such cases never easy to investigate or prosecute. He said it's difficult for authorities to disprove a self-defense claim if only two people were involved, one is dead, and the other claims self defense.
"Thankfully, we don't have a ton of these cases in New Hampshire," he added.
Once an intruder breaks into a home in New Hampshire, he said, they're already committing a felony, and the law lets a homeowner use deadly force if they reasonably believe the invader poses a threat to the people living inside. There's no duty to retreat inside the home, and homeowners have a lot of flexibility to do as they see fit to protect their home and family, he said.
But very often, the person who pulls the trigger will face months of investigation, police questioning and, if the facts warrant it, a possible grand jury indictment and court trial, Delker said.
The guidelines governing self defense also differ from state to state, according to Charles Putnam, co-director of Justice Works at the University of New Hampshire in Durham. Provisions that legally would cover a self defense claim in New Hampshire might not apply in Maine or Massachusetts, he said.
Putnam, a former state prosecutor with the New Hampshire Attorney Generals Office who once headed its criminal bureau, said self-defense laws are intended to give residents some legal protection if they feel they have no choice but to use deadly force.
Based on his review of self defense laws in all three states, Putnam said a person can use deadly force in their home if an intruder enters their home and the would-be victim reasonably believes the intruder intends to hurt them or their family.
"Self-defense is a legal rule that is very old," said Putnam, who added that dates back to English common law used in New England colonies since the 1600s.
Since that time, each state has added specific changes designed to address particular situations that could arise with different results that most people probably don't realize, Putnam said.
For instance, in New Hampshire, a homeowner could shoot to kill a would-be intruder if they were spotted anywhere around the home's outside areas such as the front porch, driveway or backyard, Putnam said.
But in Massachusetts, a homeowner only could use deadly force against an intruder if they actually enter the home, Putnam said.
In Maine, if a homeowner invites someone to stay at the house, and that person tries to steal something in the middle of the night, Putnam said the homeowner must ask that person to stop. If the person flees, the homeowner can't shoot, Putnam said. If they continue to try and commit the crime and do not heed the homeowner's warning, Putnam said they can shoot them.
In New Hampshire, if a homeowner reasonably believes someone who has entered their home and is committing a burglary may pose a danger to them or their family, Putnam said they can shoot the intruder even if the intruder is unarmed. But in Massachusetts, a homeowner can't shoot a burglar if they don't demonstrate any signs they intend to harm the occupants, Putnam said.
"Most reasonable people recognize that taking another person's life is something that should be avoided at all costs and are reluctant to do it unless they feel their lives are in danger," Delker said. "Very few people want to kill someone else."
Many self-defense cases in Maine never get past a grand jury because of an added provision in the law that the Maine Attorney Generals Office dislikes, according to one state prosecutor.
Deputy Maine Attorney General Bill Stokes, head of the criminal division, said in most states a person whose claim of self defense is disproved may be acquitted of murder at trial, but will be convicted of manslaughter. That scenario is much less likely to occur in Maine, he said.
Maine's self defense law only lets a person be convicted of murder or manslaughter if the state can prove beyond a reasonable doubt that a person's actions were "wholly unreasonable" and "grossly deviant" in nature.
He said Maine's "grossly deviant" provision sets it apart from the rest of the country.
New Hampshire State Rep. Elbert Bicknell, R-Northwood, also is president of the Gun Owners Association of New Hampshire in Concord. He said homeowners need legal backing to protect their loved ones without having to worry about whether they will be charged with a crime.
A former State Police trooper and police officer who served 22 years in New Hampshire and Vermont, Bicknell said he believes citizens need to have the right to protect themselves at home because "very seldom do police stop a crime from happening."
Bicknell also serves on the House Criminal Justice and Public Safety Committee.
Some people who kill an intruder or someone who attacks them in their home may not fully understand the full extent of the law, he said. But he said that's not the state's concern.
"That's his castle," Bicknell said. "That's his last bastion that he can retreat to that is the safest place for him and his family."
Foster's Daily Democrat Reporter Matt Kanner contributed to the story.
