As
@paul73 said, it’s something you will have to define for yourself. A true case in MA is that of Jeffrey Lovell, who shot and killed a 15 year old that he thought was breaking into his house. Originally charged with 1st degree murder, it was reduced to voluntary manslaughter by a grand jury before he was found not guilty in a bench trial over a year and a half after the incident. This article gives a good review of the case:
Jeffrey Lovell, 44, of Chicopee, was found not guilty of manslaughter in the fatal shooting of 15-year-old Dylan Francisco of Springfield on July 16, 2016.
www.masslive.com
So there is precedent in using deadly force against someone at your threshold. But Lovell had to fight the charge for over a year and a half and the last I heard was that he was still fighting a wrongful death suit by the deceased’s family:
Jeffrey Lovell was acquitted of voluntary manslaughter after a jury-waived trial in January. Subsequently, Heather Francisco, mother of the boy who was shot, filed suit against Lovell and his wife.
www.masslive.com
And the DA (who originally brought the 1st degree murder charge) still implies that justice was not done in the case.
I kinda remember that case and rereading your references brings out even more questions. And yes, it is sad that a teenager is dead because of stupid "teenager decisions"
I do acknowledge
@paul73 statement "it is something one will have to define for himself". Spot on.
And I also know it is a civil case, but, back seat driving and blaming Mr. Lovell's wife...WTF?
"The lawsuit alleges that Michelle Lovell woke her husband when the teens arrived, telling him they were trying to break in.
Lovell testified in his criminal trial that he took his 9 mm handgun from a bedroom safe and went to the home’s front entryway. He told the court he was afraid someone would get in and seriously hurt or kill him and his wife. He then fired through the door, killing Francisco.
Mason ruled that Heather Francisco may pursue her claims that Michelle Lovell knew her husband had a firearm when she told him they were in imminent danger; that she did not ask her husband to warn the teens that he had a firearm; did not call the police to report the potential break-in; did not ask her husband to fire a warning shot; and did not try to find out why the youths were pounding on the door.
Mason summed up his decision, “I am satisfied that the complaint sets forth a valid claim that Ms. Lovell’s actions proximately caused Mr. Watson-Francisco’s death.”
[sarcasm]
So, when a Massachusetts resident is awoken by their husband/wife, they are supposed to go through a checklist before taking action?
Wife: Honey, someone is breaking into the house. Honey! Honey! Are you up? We are in imminent danger! I'm scared. I know you have gun beside the bed in your gun safe.
Husband: Ya, I'm awake, I'm awake. I got my gun and going to the front door.
Wife: Now make sure you yell that you have a firearm!
Husband: Ya, I got this.
Wife: Honey, I'll call the police and tell them our house is potentially being broken into to.
Husband: Uhhh? O.K. Ya, I got this.
Wife: Honey, now remember to fire a warning shot.
Husband: Huh?. O.K. I got this.
Wife: Hold on honey, one more thing, STOP! Let ME go find out why the "Yoots" are pounding on our front door.
Husband: Huh? Ya, O.K. I'm going back to bed and you let me know what to do next. Good luck. I love you.
[/sarcasm]
So, in all gun safes, there should be a small index card with all the pertinent questions. Laminated and BOLD typeset. And make the index card is in bright florescent green.
Oh, and ask your wife "what to do next"
Jay