Man gets life for killing boy who walked on lawn

[rscalzo]

Man gets life for killing boy who walked on lawn

Ohio man said boy knew how he cared for his grass and provoked him

The Associated Press: 3:22 p.m. ET May 24, 2007

BATAVIA, Ohio - A man who fatally shot a teenage neighbor because he walked on the man's carefully tended lawn was sentenced to life in prison.

Charles Martin, 67, must serve 18 years before he can be considered for parole, Clermont County Common Pleas Judge William Walker ordered Wednesday, adding that he would urge that Martin never be considered for parole.

The man was convicted last month of murder in the March 2006 shotgun killing of 15-year-old Larry Mugrage Jr., a high school student.

Martin told the court he was sorry the shooting occurred but said the teen knew how much Martin cared for his lawn and provoked him.

"He stepped on it and he walked 40 feet through it," Martin said. "I cared about it. I cut it every five days."

Prosecutors alleged Martin had confronted the teen earlier in the day when he walked into Martin's yard on his way to a friend's house, then loaded his .410-gauge shotgun and waited more than three hours for him to return.

When the boy stepped on the lawn again, Martin fired at him twice, according to testimony. He then called police, telling a dispatcher: "I just killed a kid."

Martin was tried on aggravated murder but convicted of murder, a lesser count, because jurors because could not agree the killing was planned.

 

[Ripach]

WOW! I believe in the basic right to defend one's property, but that's the definition of going overboard. While I'm sure there was an ongoing dispute, and the kid was probably antagonizing him, shotgun seems excessive to me.

 

[dreppucci007]

Holy crap...Just by the title of the thread, I thought my father was going to jail! Seriously, he yells out the window at people walking on our lawn...

 

[Scrivener]

"He stepped on it and he walked 40 feet through it," Martin said. "I cared about it. I cut it every five days."

Prosecutors alleged Martin had confronted the teen earlier in the day when he walked into Martin's yard on his way to a friend's house, then loaded his .410-gauge shotgun and waited more than three hours for him to return.

When the boy stepped on the lawn again, Martin fired at him twice, according to testimony. He then called police, telling a dispatcher: "I just killed a kid."

Martin was tried on aggravated murder but convicted of murder, a lesser count, because jurors because could not agree the killing was planned.

Translation: The gutless jurors ignored the facts and returned a verdict on the lesser charge because the killer was an old man.

Trespass? Yes.

Harm? None shown. Lawns are meant to be walked on.

Let's see this old fart "defend his turf" from the gangs in prison.

 

[JonJ]

Let this be a lesson to you who water, feed and cut your lawns so meticulously.
Repeat after me, "Brown grass is good grass. Asphalt is better."

 

[Admin]

Translation: The gutless jurors ignored the facts and returned a verdict on the lesser charge because the killer was an old man.

Trespass? Yes.

Harm? None shown. Lawns are meant to be walked on.

Let's see this old fart "defend his turf" from the gangs in prison.

I watched a good 20 minute special on this shortly after it happened. I am not saying what the old man did was right, however this particular kid and his friends had tormented this old man for years. Ruined his fence multiple times and had worn a path through his yard from cutting across it. Repeated calls the the Popo yeilded no relief. It was an old man at the end of his rope. I'm not saying it's right, but I understand...

 

[News Shooter]

There's always more to these stories

I watched a good 20 minute special on this shortly after it happened. I am not saying what the old man did was right, however this particular kid and his friends had tormented this old man for years. Ruined his fence multiple times and had worn a path through his yard from cutting across it. Repeated calls the the Popo yeilded no relief. It was an old man at the end of his rope. I'm not saying it's right, but I understand...

The old man just snapped

 

[Admin]

The old man just snapped

I think that's all it was. It sucks, he called 911 as soon as he did it too...

 

[drgrant]

I agree with the right for someone to defend their property, but this
was over the line. If this guy was being antagonized by this
kid, then the police should have done something (especially if he had
built up a history).

If it was me I probably would have resorted to something else, like a
high pressure stream of water. Maybe after the punk kid got soaked (or
knocked down) once or twice he would get the drift.

Or one of those high speed, fancy assed paintball guns...


-Mike

 

[Dick]

Let's not forget that it's the irresponsible actions of people like this that bring us closer, ever closer, to losing our gun rights. I don't care what the provocation was - you want to own a gun, you have to put yourself above that sort of thing, no excuses. As far as I'm concerned, he's no better than that nut-ball at Virginia Tech and deserves to spend the rest of his life behind bars.

 

[Major Blood]

Holy Crap!!

For God's sake, DO NOT TOUCH THAT MANS GNOMES OR FLAMINGOES!!

"HEY YOU, LITTLE GIRL, DROP THE SIDEWALK CHALK AND PUT YOUR RIGHT CHEEK TO THE GROUND WITH YOUR ARMS SPREAD OUT IN FRONT OF YOU!!!"

 

[Scrivener]

Step away from the birdbath!

 

[reinbeau]

Step away from the birdbath!

 

[98Cobra]

I would have just paint balled the kids, or go for bare skin with an airsoft gun

 

[SemiAutoSam]

This item would make a great bombing target for the Birds in my Yard.

Since yard gnomes were mentioned I went looking for some pics to post of yard gnomes like the ones where Michael J Fox went running over the Gnomes in the yard of a man in the Film Frighteners
http://www.imdb.com/title/tt0116365/
but alas no pics find could I of such an event so A Gnome of GWB will have to suffice.

Ohh I almost forgot A Fence could have saved the man a lifetime in prison.

 

[Tiktock]

Never use a shotgun when a sprinkler is enough. if this guy cared about his lawn that much, he should have just run his sprinkler all day long, or had a switch to turn it on when kids were on his lawn.

Or a big 6 foot fence with a locked gate...then he could have enjoyed his lawn all to himself for the rest of his life....instead the only "yard" he will be tending will be shared by inmates

 

[bazfoo]

By all means, let's not put any blame on the arrogant kids and their antagonising behaviour. Maybe if spankings didn't land you in jail, this kid would still be alive, saying "Good afternoon" to the old man instead of ruining the old man's hard work.

As Derek said, I don't think it was right, but I definitely understand.

 

[Scrivener]

By all means, let's not put any blame on the arrogant kids and their antagonising behaviour. Maybe if spankings didn't land you in jail, this kid would still be alive, saying "Good afternoon" to the old man instead of ruining the old man's hard work.

As Derek said, I don't think it was right, but I definitely understand.

NO-ONE here excused the kid for his continuing trespass or trashing the fence. I defy you to identify a single post which even implies such a sentiment.

Lying in wait for two hours with a shotgun and putting two shells into a kid for walking on the lawn is murder. Period. Even the jury managed to grasp that much.

The issue is one of "proportional response." Grasp the concept before we read about you in the headlines.

 

[tuna]

I can remember doing things at 15 just to irritate the neighbors (heck, I can remember doing things 15 minutes ago to irritate my boss*). Luckily, I lived long enough to see what a sh$$head I was.
And it was a .410, too. I wonder what kind of loads he had (birdshot meant to sting, but had a "golden bb" - or was he loaded with slugs or buck meaning to kill?)

*When the boss adds "call me with any questions" at the end of an email, he REALLY doesn't want you to call and ask how many crows it takes to make a murder.

 

[FeeBear]

NO-ONE here excused the kid for his continuing trespass or trashing the fence. I defy you to identify a single post which even implies such a sentiment.

Lying in wait for two hours with a shotgun and putting two shells into a kid for walking on the lawn is murder. Period. Even the jury managed to grasp that much.

The issue is one of "proportional response." Grasp the concept before we read about you in the headlines.

I agree with Scrivener, "proportional response". He should tied the kid up an rode over him with a bicycle or scooter. . Or wait until winter take the punks shoes and socks and make him walk home in the snow.

Fee

 

[rscalzo]

I've lost two mail boxes in the past four years. I don't think I'll be setting up any ambushes this week.

 

[bazfoo]

NO-ONE here excused the kid for his continuing trespass or trashing the fence. I defy you to identify a single post which even implies such a sentiment.

Lying in wait for two hours with a shotgun and putting two shells into a kid for walking on the lawn is murder. Period. Even the jury managed to grasp that much.

The issue is one of "proportional response." Grasp the concept before we read about you in the headlines.

Lying in wait for two hours with a shotgun and putting two shells into a kid ... for ANY reason is murder. Premeditation and all that. I watch Law and Order too.

No worries wrt reading about me in the paper ... bazfoo isn't my real name

 

[Gammon]

This problem would have been better solved with a Rottweiler.

 

[KMaurer]

Every time we waste an hour or so at the Exec Board meeting talking about the *&!@%!s trespassing on club property with their ATVs or dirt bikes, tearing up trails and spooking game, I think to myself "this is why Isaac Newton invented razor wire."

Ken

 

[Admin]

Every time we waste an hour or so at the Exec Board meeting talking about the *&!@%!s trespassing on club property with their ATVs or dirt bikes, tearing up trails and spooking game, I think to myself "this is why Isaac Newton invented razor wire."

Ken

I've known farmers in Minnesota that have set up wires to stop snomobilers. One unlucky fool became headless...

 

[drgrant]

Lying in wait for two hours with a shotgun and putting two shells into a kid ... for ANY reason is murder. Premeditation and all that. I watch Law and Order too.

Not every act as such is "premeditation" depending on circumstances, so
be careful using the word "ANY". Let's throw this on it's tail for a moment..

Let's say the kid threatened to (kill/maim/injure) the old man, and then the
kid came back with a weapon, and then brandished it at him.. if he had
then pumped the 2 shells into him, would that be "murder"? Especially if
he had taken the liberty of notifying the police beforehand, ,who typically
will end up doing nothing to the kid.

I know that wasn't the case here, but we must be careful... otherwise, as
you describe it, anyone who is prepared for someone else's possible assault
attempt is "committing premeditated murder". Another example, a couple
breaks up, the male/female is psycho and threatens to hurt the partner... if
the other person "is prepared" for this occuring in reality, does that mean
it's premeditated murder?

-Mike

 

[dwarven1]

I agree with the right for someone to defend their property, but this was over the line. If this guy was being antagonized by this kid, then the police should have done something (especially if he had built up a history).

Or one of those high speed, fancy assed paintball guns...

Do that in this state and I think it's assault...

I watched a good 20 minute special on this shortly after it happened. I am not saying what the old man did was right, however this particular kid and his friends had tormented this old man for years. Ruined his fence multiple times and had worn a path through his yard from cutting across it. Repeated calls the the Popo yeilded no relief. It was an old man at the end of his rope. I'm not saying it's right, but I understand...

A Fence could have saved the man a lifetime in prison.

I'm not going to quote all the people who mentioned that the old man should have had a fence, but I really wish folks would work on their reading comprehension.

 

[bazfoo]

I know that wasn't the case here, but we must be careful... otherwise, as
you describe it, anyone who is prepared for someone else's possible assault
attempt is "committing premeditated murder". Another example, a couple
breaks up, the male/female is psycho and threatens to hurt the partner... if
the other person "is prepared" for this occuring in reality, does that mean
it's premeditated murder?

-Mike

Short answer, no. I took "Lying in wait" to mean that the old man was the predator and the kid was prey. Or hunter/hunted, if you like. Not a case of self defense.

http://www.thefreedictionary.com/lying+in+wait

 

[matt1956]

but it was a .410.... heck, im suprised it broke the skin.

Seriously though... I feel bad for the parents of the kid.

15 years of age and if the worse he does is harrass the old man about his lawn....

the guy lost it, that is clear.

there are any number of ways he could have used to deter this kid.

but not a gun

 

[Rusty Barrels]

I'm a mailman so I guess this is just one more thing I have to watch out for...