Teacher goes into stranger's home, is shot dead

[onehandle]

Investigators in Buffalo, N.Y., are awaiting toxicology test results that might give them clues as to why a school teacher walked into a stranger's home, where he was shot dead by a homeowner who thought he was being burglarized.

David Park was killed around 1 a.m. Sunday in the suburb of Amherst, near where he was attending a party for a pregnant friend.

Thomas Burton, the homeowner's attorney, says his client repeatedly told Park to leave and told him he had a gun. When Park didn't leave, the homeowner shot him.

The homeowner hasn't been charged, but the investigation continues. Burton says his client was legally protecting his property.

http://news.yahoo.com/s/ap/20100401/ap_on_re_us/us_stranger_shot_1

[proud2BlibKansan]

1. Sleepwalking?

[kimmylavin]

15. Or Ambien?

Can't say I condone just walking into someone's house, but I know several people who in the last year have walked, driven, shopped online and made phone calls they can't remember after taking Ambien.

More information is needed, of course, but this sounds like a sad story all around...

[tburnsten]

49. I don't think he took Ambien at the party

[Walk away]

53. Ambien's side effects can last for days after taking the drug regularly.

People can become disoriented without warning.

[FBaggins]

2. Why identify the perp/victim as a teacher?

I don't see what relevance that has for the story.

It's either a criminal breaking and entering... or it's an unlucky drunk who went into the wrong house.

[WhiteTara]

3. it makes it more salacious

[shadowrider]

14. Previous thread on the subject

Notice how the article states what a good teacher he was, loved by all, etc. etc.

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x306097

From the article on the previous thread:

The Albany City School District released a statement expressing grief and sorrow at the loss. According to district spokesperson Ron Lesko, Park was loved by students and peers alike. In 2009 he was awarded the Founders Day award for excellence in the classroom.

Park also coached the school's basketball team and was a Little League baseball coach, according to the district statement.

"David Park was a loved and respected teacher with a strong commitment to his students and their families. Our hearts go out to his family at this difficult time, especially to his sister, who is also a member of our school community," Superintendent Raymond Colucciello said."

It's as if his status as a teacher somehow excuses his breaking and entering.

[marcus5aurelius]

62. They do the same for gangbangers

Gang members who are shot and killed committing crimes are always portrayed as "full of life" and "trying to get their life back together". Just another way to try to spin a story.

The teacher broke into someone's home and didn't leave when they were asked to, seems like a clean shoot to me.

[TheCowsCameHome]

4. I'll choose No. 2 - the homeowner killed a drunk.

[Dinger]

7. Because If One Did This, They All Do It

One person has a bad experience, all teachers are bad, bad, bad! If they're public teachers, well, it's worse!

:sarcasm:

[tburnsten]

39. And didn't leave

when asked by the homeowner. I guess there is no way to verify whether that happened or not, but I would hope it did. I of the mind that people are generally good, with some notable exceptions, and that there are some people who exist in between.

I'm also very confused about why they decided to name him as a teacher, how was that remotely relevant to the situation?

[GreenStormCloud]

59. Wife called 911 before the shot. There will be a record of that call. N/T

[panader0]

5. About 25 years ago, my brother brought home from a bar on New Years Eve

He took me to our parents house, I was passed out. When I came to, I went inside--to the house next door. I flopped on the couch, unaware. The poor frightened babysitter finally woke me up and I staggered next door. The next day was filled with apologies, to the neighbors and the babysitter and her parents.

[rfranklin]

8. You're lucky the babysitter wasn't armed and bloodthirsty...

like some of the posters on DU.

[proteus_lives]

26. Bloodthirsty?

:eyes:

Why some of the posters on DU put so much faith in intruders and criminals?

[Name removed]

51. Deleted message

Message removed by moderator. Click here to review the message board rules.

[X_Digger]

52. pssst..

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x303945

Still waiting for you to chime in. Or do you still assert that 'those evil rifles' are illegal in CA?

[AtheistCrusader]

56. Misrepresentation.

I think Joe Horn made a mistake going outside, but the (non-officer) 911 rep told him not to go outside, primarily because there is a good chance responding officers might shoot Mr. Horn.

The shooting was witnessed by at least one responding officer, the alleged thieves were approaching Horn when he fired, supporting his testimony that he felt threatened.

What actually happened? I didn't see it, and neither did you. So I find it somewhat obnoxious you are second-guessing the testimony of Horn, a Police officer, and the findings of a Grand Jury, that no-billed Horn. You sound like the assholes that assume Michael Jackson was a child molester, when there was never once a conviction on any charge.

Innocent until proven guilty. The concept may save YOUR ass someday.

[X_Digger]

57. Oh lookie..

http://www.democraticunderground.com/discuss/duboard.php?az=user_profiles&u_id=227903



:)

[GreenStormCloud]

60. No tears here. N/T

[AtheistCrusader]

61. Woah.

Didn't expect that! Go go gadget Moderators!

[rfranklin]

6. No one here has enough info to make a judgment...

Did the intruder threaten or assault the homeowner?

If not, should there be a death penalty for trespassing or breaking and entering?

[Pavulon]

10. Actually the law is clear

if you force entry you are automatically past the threshold for use of lethal force. In this state.

Now making the call is different. Having a person break into your home is serious.

[DonP]

22. The irony is sweet, funny ... and pretty pathetic

You posted that "no one here has enough info make a judgement" ... right below your own post where you jumped to the conclusion that the homeowner and other DU posters are bloodthirsty.

So you really mean no one "else" has enough info to make a judgement.

Do you ever wonder why you aren't taken seriously with conflicting posts like that?

[paulsby]

27. under case law in WA state

it's PRIMA FACIE a reasonable shoot


it doesn't follow that it necessarily is, but it's the presumption based on the fact pattern

laws in many states are similar

[tburnsten]

40. Whether the guy had any bad intentions or not

and I sincerely doubt he did, though I'm a little confused what he was doing wandering into homes near a party he was at, he didn't leave after being told to repeatedly. I think the homeowner should have tried to wait for police to show up and remove him for as long as possible, and the attorney most likely would have said the guy came at him if that did happen, but it will be pretty hard to tell what happened one way or another until the case is wrapped up.

Sad, but not a death penalty. Those are doled out by a court, and a jury of your peers, when an individual shoots another individual for breaking into his home and refusing to leave when told to repeatedly, that is a justified self defense shooting.

I gotta admit, this one seems a little bit off.

[QC]

9. He was tryng to force this unfortunate family to join his evil leftist union.

That must surely be the issue here.

[Mugweed]

11. Was the teacher armed?

Shooting someone dead just because you think they are burglerizing your house seems pretty much like you're looking for an excuse to shoot someone. If you are already armed and aiming at the person in your home, you really can't say that you feared they might have a weapon, since you obviously have the drop on them. Just killing someone because you THINK they want to take some of your stuff is pretty dumb. But I know the law says it's OK as long as I act like I feared for my life when I'm interviewed by the cops, right?

[Pavulon]

12. No it is more complex actually

varies by state. In NC there is a 4 part test. You have to be in actual position to loose your life or be sexually assaulted, you have to try to retreat if possible (does not apply at home), you have to follow the "reasonable" rule, and you have to have not started a conflict. IE you cant pick a fight then kill.

In your home a person breaking in (kicking a door, climbing in a window) can be killed with no extra burden. Once in your house the above apply (barring retreat).

Now having actually stopped a guy at gunpoint breaking in many years ago I choose not to shoot. But I had the choice, and if he had done something other then climb back out the window he would have had a problem. Dropping his hands out of sight or reaching for his beltline would have gotten him shot.



A person breaking into an occupied home is a direct threat to life. A person ignoring a barking dog is not a rational actor and is not there for my stuff. Its the homeowners call.

[GreenStormCloud]

23. Action often beats reaction.

If you are holding a gun on someone, but are not firing, then you have put the decision to fire on hold. The other person can decide to make an attack and you are not aware of it until his body goes into motion. The your brain has to observe his movement, interpret it, decide on the response, then send the message to the muscles. During that time the other guy is still in motion. Even though you have a gun, if you are fairly close, you may be badly behind in the race.

If someone has broken into my home illegally, I can and will open fire without warning, because he is a threat to me.

[eqfan592]

38. That's a really ignorant post right there.

You try identifying if the strange person in your house in the middle of the night is armed or not, then also try to judge how quickly their reflexes are as well.

Way to drop the fucking ball, Mugweed.

[tburnsten]

41. If someone is forcibly entering an occupied home

they aren't a "burglar", and there is absolutely no guarantee that they are there "just" to steal things you worked for. Especially not after you challenge them (in the military sense of the word, as in "stop and declare yourself" challenge, not as in "bet you can't beat me to the shot challenge) and repeatedly order them to leave your home to no effect.

[Pavulon]

13. Unless he had students with him, he was not a teacher at the time...

he was just a man at the time.

[mike_c]

16. "protecting his property" from WHAT-- accidental trespassing?

Yeah, that was threatening. Not.

Just another gun toting coward, dealing with human interactions by killing someone rather than finding a better resolution. "Exercising their rights" to kill is the ultimate "easy way out" for the permanently fearful and paranoid. Totally uncalled for.

"You kids get off my lawn or I'll blow you away!"

[cowman]

17. Awwwwwww there you go again

How do you know what happened, how do you know he didn't advance on the homeowner in what the homeowner percieved as a threating manner, where you there? Why don't you wait for more details before spouting your usual gun hating crap.

[DonP]

21. What actually happened doesn't really matter anyway

Some people just have 20/20 hindsight as far as anything related to guns and shootings go.

The only part that matters to some people is the homeowner had a gun (and is therefore evil, probably insane and just looking for someone to "blow away") BTW, Do all the gun control proponents get their talking points from old movies or TV shows?

The man who was shot didn't have a gun (and was by definition therefore "good" and no matter what else he did, said, threatened to do or had in his hand was innocent.)

I get really tired of the "Packing Heat", Blow Away", "Cap in his ass" etc. and all the other trite, bad film noir and '70's "blaxploitation" phrases used in posts here.

Can't we just produce a master checklist of all the trite gun related phrases that are overused to make it easier for them to type up their next series of predictable complaints that we can laugh at?

[Pavulon]

19. What kids?(nt)

[shadowrider]

20. What kids?

You know, the ones all gun owners threaten to shoot if they walk across the grass. Don't you know it's a required action? (at least according to the anti-gunners).

[proteus_lives]

25. Yeah, he should hugged the drunk intruder as his brother.

Taken into his home so he get some help. :eyes:

So the homeowner should risk his life, his family's lives, his property, why?

Why do you put so much faith in intruders?

[paulsby]

28. you don't KNOW it's accidental trespassing

you are ASSUMING that.

either way, it's irrelevant

it doesn't matter what his intent was (to justify the shoot) , it matters the facts and circumstances as they appeared to the homewowner at the time

[gorfle]

30. There is an easy, simple solution.

Stay the fuck out of other people's homes and you won't get shot.

[Euromutt]

35. On your lawn is not the same as in your house

Calling this "accidental trespassing" is stretching the definition of the word "accidental," in much the same way that I wouldn't call it an "accident" if someone who got behind the wheel while drunk killed himself by smashing his car into a telephone pole or a bridge support.

And personally, I think someone entering your house between midnight and 1 AM on Saturday night/Sunday morning and then refusing to leave would be pretty threatening; certainly, it's not as if Buffalo is devoid of violent crime. Note the "entering your house" part: it's not like this guy just wandered across the lawn, he gained entry into the house, and even though AP says he "walked" in, WNYT cites police as saying "he somehow got into the home" (http://wnyt.com/article/stories/S1488453.shtml?cat=300), which encompasses quite a lot of possibilities.

I'm provisionally assuming the deceased was extremely drunk at the time. Drunk people do stupid things--heaven knows I have--and can present a genuine threat to the well-being of others in the process.

[PavePusher]

36. So, you either have info the report does not...

Or your precognition/mind-reading skills are better than ours, and you know what the intruder intended.

Care to share?

[PavePusher]

43. Apparently not.

Quelle surprise.

[Name removed]

44. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[cabluedem]

47. reminds me of that texas neigjboorhood idiot who shot two unarmed men down in cold blood.

These filthy scumbags really give me the creeps.

[tburnsten]

48. What would do more than just give me the creeps

Would be to have a total stranger break into my home at one thirty in the morning, refuse to leave when I repeatedly told him to, and then began climbing the stairs towards me after being repeatedly ordered to leave and warned that I was holding a firearm.

If he wandered in there by mistake, to a house that looked different from all the other houses on the street from design to color, why didn't he leave when he noticed there was no party going on? Or when the stranger who lived there started yelling at him to get out of the house? Why did he start walking up the stairs towards the homeowner, a total stranger, after being repeatedly told to leave and warned that the howmeowner was able to defend himself if neccessary?

Drunk doesn't answer any of those questions well, and most of them not at all.

It's a sad situation, but the partier put himself and the homeowner in this situation, not the other way around. The person living there didn't rush out of the house and blast him as soon as he strayed onto his property. No one caused this but the deceased.

[oneshooter]

50. "These filthy scumbags really give me the creeps"

Yea they bother the hell out of me too. That is why I stay armed and know my neighbors. Don't want those filthy scumbags breaking into MY house. The neighbors and I are well armed and will give them ONE chance to surrender. Just like Joe Horn did.

Oneshooter
Armed and Livin in Texas

[cowman]

54. Yep

I have to agree that those filthy scumbag criminals give me the creeps also, first time I have agreed with you

[slackmaster]

18. "...awaiting toxicology test results..."

Mmmmmm hmmmmmm.

[proteus_lives]

24. This is a case of shit happens.

Drunks get themselves killed all the time.

[Caliman73]

29. I see it a bit differently.

This is a tragic situation for many people. I wouldn't say "shit happens" regardless of the circumstance. As the details come out there will be a clearer picture of what happened. The end result however, is that a person died, a person killed, and the individuals involved and their loved ones will suffer lasting consequences. I am pro-gun ownership, and pro self defense. I have a firearm and I would have most likely reacted as the person in this situation did. From what we know, the man went into the home, did not respond to directives to leave, and the homeowner felt threatened and took an action. The problem I see is that if we compartmentalize things like this as "shit happens", then we minimize the humanity.

Like that story a while back where the man was breaking into the woman's house and she was on the line with 911. She told them she was armed and though she did not want to have to defend herself she said she would, and when the guy continued to act aggressively she ended up killing him. You can hear the agony in her voice as she had to make the decision. I don't like to hear about "righteous kills" or terms like that because although she had every right to defend herself against an aggressor, she is still going to suffer trauma regarding the decision to shoot. It isn't anything to celebrate or to dismiss as "shit happens".

It is true that people under the influence of substances are more likely to endanger their lives and the lives of others, but it doesn't mean that the results are less tragic and that we should dismiss the effects on their families and community.

[proteus_lives]

32. It is tragic.

I'm not minimizing the case. It's tragic for the man's family and the homeowner who killed him.

Shit happens is more a statement about about the world then the people involved in this case. It's a grim acknowledgment of the world.

[Caliman73]

33. I see.

That is apt. I tend to be more verbose in my expressions. Tragedy does happen when people are involved and especially when they are impaired.

[gorfle]

31. Moral of the story:

Stay the fuck out of other people's houses without an invitation or risk getting shot dead. Especially when you've been out partying.

[Euromutt]

34. We already had a thread about this

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=118x306097

[safeinOhio]

37. Latest news

Burton said the unlocked doors does not change D'Amico's right to protect his home against what he believed was a burglar "one iota." He described D'Amico and his wife as a "hard-working and religious couple" who are devastated by the tragedy.
"It has been a shocking and sad event to my client and his wife," Burton said. "The only thing they did is go to bed at 10 o'clock and wake up at 1 a.m."
No charges are expected, though the case could be before a grand jury, said Amherst police Capt. Enzio Villalta. Police believe Park entered the D'Amicos' rear yard by opening a gate, which he then closed behind him, sources told the Buffalo News. He then went up onto the deck and stepped inside the home.
The question of whether the door was locked had been a tightly guarded secret until Wednesday, when three sources familiar with the case confirmed for The News that it had been left unlocked.
D'Amico routinely locked all of his doors at night and he has told Amherst Police that he was unaware that his rear door had been left unlocked that night, the sources said. The rear door led from a raised deck into the home on Millbrook Court.
Assistant Police Chief Timothy M. Green, spokesman for the Amherst Police, called the shooting a tragedy.

"I don't know why (Park) was in that house, but he should not have been," he told the News. "We haven't found any evidence indicating that he was legally in the house."
Park is believed to have gone into D'Amico's house by mistake after leaving a party at the house next door.
"The reason why he went into (D'Amico's) house is a mystery we may never know the answer to," Green told the News.
The Erie County Medical Examiner's office is doing toxicology tests to see if Park was intoxicated.
"There are winners and losers in life," Green said. "But any way you look at this case, the outcome is bad for everyone involved."
A memorial service for Park will be held today in his hometown of Old Forge. A second memorial service will be held on Monday in Albany, where Park's basketball team has been playing games in his honor. A dozen grief counselors have been at the school to help students and staff deal with Park's death.





Read more: http://www.timesunion.com/AspStories/story.asp?storyID=917514#ixzz0jtmdpqNK


all you have to do is lock your doors. ""But any way you look at this case, the outcome is bad for everyone involved."

[tburnsten]

42. Assistant Chief Green put it perfectly

It's really a sad situation. I can understand going to the wrong door when drunk as hell. I can't understand mistaking a dark home for one with a party going on though, even when hammered. And there are times I have been absolutely smashed.

[aikoaiko]

45. If this is true (or even close to true), the homeowner's actions are justified.

Park, 31, said nothing as he walked through the downstairs of the home at 1 a.m., said Thomas H. Burton, attorney for homeowner David D'Amico, who shot Park. D'Amico was sound asleep in bed with his wife when he heard Park walking around downstairs, he said. It was dark in the house.

He stood upstairs and repeatedly yelled to Park that he had a gun and that Park should leave immediately. His attorney said Park crossed the first floor diagonally, and approached the short staircase where D'Amico was standing.

That is where D'Amico shot him with a shotgun, Burton said. Park, a fifth-grade teacher at Arbor Hill Elementary School, died of his injuries.

Read more: http://www.timesunion.com/AspStories/story.asp?storyID=917514#ixzz0kBBZV8rB

I would assume the worst of person who ignored such a warning from a homeowner.

[friendly_iconoclast]

46. You big poopyhead, you've gone and introduced factual information!

It just doesn't do to reveal information that makes it harder to explain away the behavior of the late Mr. Park.

It crimps the Two Minutes Hate towards D'Amico, dontcha know?

[Name removed]

55. Deleted sub-thread

Sub-thread removed by moderator. Click here to review the message board rules.

[GreenStormCloud]

58. More to it than that.

You left out parts of it. BTW - I have already posted about this event. Anyway, you left out that it was 1 AM, the homeowner and his wife retreated to their bedroom, she called 911, he warned the guy to leave, the guy started coming up the stairs towards the homeowner, then the homeowner fired.

The homeowner wasn't trigger-happy, he waited until the last moment. It is too bad that the drunken teacher went into the wrong home. That's another good reason not to get so drunk that you don't know what you are doing.