As I said, we will have to wait to see how the prosecutor and/or grand jury handle it. I agree that it could be assumed they were trying to steal it. It could also meet the damage to tangible property for criminal mischief. HOWEVER, many don't look at the bottom of 9.42 where it says:locke_n_load wrote:So if the vehicle is being broken into, I would think that a reasonable person would believe that theft (at night time) is going on here.
If not, isn't the vehicle getting damaged via break-in, in which criminal mischief at night time would apply? How would it not apply? I see nothing about the classification of the crime (misdemeanor, felony, etc.) anywhere in the justification for deadly force in those instances. Not trying to be argumentative, just trying to get a better understanding of the law.
It will hinge on statements of the homeowner, and possibly of the guy that ran off (if they find him) as to determination of justification. There are a lot of cards at play during a homicide investigation, and all the cards have to stack up to make a hand to try and determine if you play your hand, bluff or fold.(3) he reasonably believes that:
(A) the land or property cannot be protected or recovered by any other means; or
(B) the use of force other than deadly force to protect or recover the land or property would expose the actor or another to a substantial risk of death or serious bodily injury.
