Castle Doctrine May Apply In Fatal PA Home Invasion

[RamboLiberal]

The newly passed Castle Doctrine may come into play after an alleged home invader was shot and killed in Washington County Sunday morning.

At about 2:45 a.m. Sunday, 32-year-old Ezequiel Pando tried to kick his way in to 611 Penn Avenue in Washington leaving his footprint on the door.

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“(He) did gain entry to the house. Him and another gentleman had a scuffle and he was shot,” Chief Blyth said.

Pando, of Lovington, N.M., died of a single gunshot to the chest.

Police said the woman was having relationships with both men. Four hours earlier, Pando was asked to leave the home.

http://pittsburgh.cbslocal.com/2011/07/11/castle-doctrine-may-apply-in-fatal-washington-co-home-invasion/

IMHO the shooting would be justified before the Castle Doctrine.

[Ruby the Liberal]

1. Castle Doctrine always protected gun owners in their homes

the recent passage now also covers them out in public where they don't have to attempt defensive maneuvers.

[provis99]

2. it does that, plus a little more.

There is also a line in it preventing you from protecting yourself against a cop committing a crime against you.

[SteveM]

3. It would seem this case would fall under the "in their homes" standard...

Does the new law state that when outside of his/her home home a concealed-carry individual is under "no duty to retreat" when confronted with a threat? What "attempts defensive maneuvers" would you suggest?

[benEzra]

4. Those would be the "stand your ground" laws, though often confused with Castle Doctrine.

Castle Doctrine applies in the context of defense against an unlawful (usually forced) entry, traditionally of the home but more recently extended to defense against carjackings and (in some states) attacks on business owners inside their place of business. Stand-your-ground laws, on the other hand, clarify that if one is attacked in a public place, one does not have to try to outrun the attacker first before self-defense is allowed. AFAIK the majority of states do not require "duty to retreat" when under imminent threat of death, serious bodily injury, or other forcible felony, but a few states (most notably Florida) used to. A lot of those states have since changed their laws, which is (IMO) for the better.

[RamboLiberal]

5. More on the case

"It's an ongoing homicide investigation," said Washington police Det. Chris Luppino.

Although Mr. Pando was shot inside the home, District Attorney Steve Toprani said his office is reviewing the case to determine whether the "castle doctrine," which allows homeowners to use deadly force against intruders in certain circumstances, applies.

"We're looking to determine if this was a justifiable shooting," he said. "We have to make sure our shooter here was not the aggressor and work through those issues."

Mr. Toprani said his office would make a determination as to whether charges would be filed by the end of this week.



Read more: http://www.post-gazette.com/pg/11193/1159915-100.stm#ixzz1Rvo8rbet