I don't see it. And frankly, it's a nearly impossible legal standard to uphold. But that's what some people seem to be trying to argue here.
Nope, it's really easy, actually. If you demonstrate mens rea around killing someone, then kill them, it's murder. If you don't, it's not. Property rights don't shield you from that. What's the difficult part? There is no state where this isn't murder, it's murder federally, it's a fucking slam dunk case in every jurisdiction. In Florida? Clearly murder. Texas? Murder. Wyoming? Murder. Iowa? Murder.
I bring up Iowa because when you take Torts in law school there's a famous case, Katko v. Briney, which took place in Iowa. You remember that from law school right? HAHAHAAHahahahaha, ahahhaha...hahah. I kid, I kid. Anyway, you'll pretend to have heard of it and understand it, so let's all play along. Guy thinks people are stealing from his unoccupied hunting camp. Has "No trespassing" signs, it's clearly marked as his property. Yadda. He keeps finding things missing. So eventually he gets the bright idea of setting up a shotgun aimed at the door with a tripwire attached to the door (it's more complex than that, but that's the idea). Guy comes to rob the house, gets shot. The robber sues for the tort of being injured. Court rules he *can* recover damages from the owner of the property? Why?
Dun dun dun: Very famous legal phrase incoming:
"the law has always placed a higher value upon human safety than upon mere rights in property"
So, not really related to this case directly, but still a good story. The guy that got shot was awarded $30k.
The primary issue for this case is the lack of jeopardy of the murderer. If he had gone through less pains to make himself *safe* he might plausibly have been seen to be acting absent mens rea and thus likely outside of criminal culpability. Clearly that wouldn't have been as satisfying, though. Primary problem for him was magical broken thinking of the sort you peddle where it didn't occur to him that this was clearly murder. If he had better understood the law, he would have disabled the intruders and effected a citizens arrest. Released the video, and been a hero far and wide, possibly working it into a Fox News contributorship.
Too fucking stupid, though. Wanted to Rambo it up and get his man card, I guess. Now he'll probably be raped in prison by men very similar to those he murdered. Man, prison rape is the funniest! Sorry, Rambo!
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