Published: Thursday, February 9, 2012
When is deadly force justified for self-defense?
Two apparent self-defense cases have arisen in the county in a month
EDMONDS -- For the second time in a month, detectives in Snohomish County are investigating the shooting death of a suspected burglar at the hands of an armed homeowner.
The shootings -- Tuesday night in Edmonds and Jan. 9 in Everett -- inevitably will land on the desk of prosecutors who will decide whether the homeowners were justified in resorting to gunfire.
While the law is clear that people have a right to defend themselves and protect their property, all of the circumstances must be considered to determine whether the amount of force was lawful, according to lawyers.
"Self-defense is not intended to be an excuse to mete out justice as you see fit. Using force is a way to defend yourself or your property," said criminal defense attorney Wade Samuelson, who is on the executive board of the Washington Association of Criminal Defense Lawyers.
Few details were released Wednesday about the shooting in Edmonds. Detectives remained at the house until Wednesday morning, obtaining a warrant to search the property, Snohomish County sheriff's bureau chief Kevin Prentiss said.
He declined to discuss whether detectives seized anything from the home.
No arrests had been made as of Wednesday afternoon, Prentiss said.
Under the law, the amount of force must be considered reasonable, meaning there was no effective alternative, Snohomish County chief criminal deputy prosecutor Joan Cavagnaro said.
"Again, deadly force is not automatically authorized," Samuelson said.
A burly neighbor who confronts an 8-year-old stealing candy from a jar in his house likely wouldn't be justified in shooting the child. That scenario contrasts with someone confronting a masked intruder who sneaks into a home in the middle of the night.
A person doesn't have to wait to be attacked to defend themselves, Samuelson said.
"Within the four walls of your house, you may not be able to do anything but defend yourself against someone clearly there for no good purpose," he said.
The state Supreme Court has ruled that people don't have a duty to retreat if someone breaks into their home. They can stand their ground. That must be considered when analyzing whether the force was necessary and reasonable, the lawyers said.
However, a person must lawfully possess what he is protecting, Cavagnaro said. That means a thief who has a stolen television or jewelry stashed in his house may not have the right to shoot or clobber someone trying to steal those items, she added.
No matter the circumstances, a shooting will launch a criminal investigation, some times putting the homeowner in legal limbo for months while prosecutors decide whether to charge the case.
They must be convinced that they can prove a crime was committed. It also is their burden to prove that the shooting or assault wasn't justified under the law.
In Tuesday's shooting, the person who fired the fatal shots is believed to live in the home, Prentiss said. Investigators believe that same person called 911 to report the shooting.
The deceased was identified Wednesday as Kenneth Richard Talley, 26, of Edmonds. Talley died from multiple gunshot wounds to the head and torso, according to the Snohomish County Medical Examiner's Office.
As a juvenile, Talley was convicted of a couple of felonies, including taking a motor vehicle without permission and attempted second-degree assault. He appeared to escape further serious legal trouble until 2009 when he pleaded guilty to a misdemeanor, according to court papers.
Meanwhile, sheriff's detectives continue to investigate the Jan. 9 fatal shooting in Everett.
Johnny Sok, 22, of Everett, was killed while reportedly breaking into a home in south Everett. Police believe Sok surprised the homeowner, who opened fire.
No arrests have been made in that case. It will be up to prosecutors to decide whether charges are warranted.
Another fatal struggle between a homeowner and suspected burglar last year took months to resolve.
An Everett homeowner was at the center of criminal investigation after killing a man who allegedly was trying to steal his boat motor in July.
Prosecutors in January said the death of Dylan Thomas Jones, 23, could have been avoided, and that the homeowner could have used means other than fatal force. They also said there wasn't enough evidence to prove that the homeowner, 67, committed a crime or intended to kill Jones.
That's not always how these kinds of cases shake out.
In July, an Arlington man was convicted of murder for shooting a man who broke into his home.
Keira Earhart, 39, shot the man some three hours after the break-in and about a quarter-mile from Earhart's property. Ryan Rzechula, 25, was shot from behind as he was running away. His body was found two days later.
After a second trial, jurors convicted Earhart of second-degree murder under the theory that he caused Rzechula's death while committing the second-degree assault of pointing a gun at the man.
Earhart was sentenced to 12 years in prison.
Rikki King and Eric Stevick contributed to this report.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
The shootings -- Tuesday night in Edmonds and Jan. 9 in Everett -- inevitably will land on the desk of prosecutors who will decide whether the homeowners were justified in resorting to gunfire.
While the law is clear that people have a right to defend themselves and protect their property, all of the circumstances must be considered to determine whether the amount of force was lawful, according to lawyers.
"Self-defense is not intended to be an excuse to mete out justice as you see fit. Using force is a way to defend yourself or your property," said criminal defense attorney Wade Samuelson, who is on the executive board of the Washington Association of Criminal Defense Lawyers.
Few details were released Wednesday about the shooting in Edmonds. Detectives remained at the house until Wednesday morning, obtaining a warrant to search the property, Snohomish County sheriff's bureau chief Kevin Prentiss said.
He declined to discuss whether detectives seized anything from the home.
No arrests had been made as of Wednesday afternoon, Prentiss said.
Under the law, the amount of force must be considered reasonable, meaning there was no effective alternative, Snohomish County chief criminal deputy prosecutor Joan Cavagnaro said.
"Again, deadly force is not automatically authorized," Samuelson said.
A burly neighbor who confronts an 8-year-old stealing candy from a jar in his house likely wouldn't be justified in shooting the child. That scenario contrasts with someone confronting a masked intruder who sneaks into a home in the middle of the night.
A person doesn't have to wait to be attacked to defend themselves, Samuelson said.
"Within the four walls of your house, you may not be able to do anything but defend yourself against someone clearly there for no good purpose," he said.
The state Supreme Court has ruled that people don't have a duty to retreat if someone breaks into their home. They can stand their ground. That must be considered when analyzing whether the force was necessary and reasonable, the lawyers said.
However, a person must lawfully possess what he is protecting, Cavagnaro said. That means a thief who has a stolen television or jewelry stashed in his house may not have the right to shoot or clobber someone trying to steal those items, she added.
No matter the circumstances, a shooting will launch a criminal investigation, some times putting the homeowner in legal limbo for months while prosecutors decide whether to charge the case.
They must be convinced that they can prove a crime was committed. It also is their burden to prove that the shooting or assault wasn't justified under the law.
In Tuesday's shooting, the person who fired the fatal shots is believed to live in the home, Prentiss said. Investigators believe that same person called 911 to report the shooting.
The deceased was identified Wednesday as Kenneth Richard Talley, 26, of Edmonds. Talley died from multiple gunshot wounds to the head and torso, according to the Snohomish County Medical Examiner's Office.
As a juvenile, Talley was convicted of a couple of felonies, including taking a motor vehicle without permission and attempted second-degree assault. He appeared to escape further serious legal trouble until 2009 when he pleaded guilty to a misdemeanor, according to court papers.
Meanwhile, sheriff's detectives continue to investigate the Jan. 9 fatal shooting in Everett.
Johnny Sok, 22, of Everett, was killed while reportedly breaking into a home in south Everett. Police believe Sok surprised the homeowner, who opened fire.
No arrests have been made in that case. It will be up to prosecutors to decide whether charges are warranted.
Another fatal struggle between a homeowner and suspected burglar last year took months to resolve.
An Everett homeowner was at the center of criminal investigation after killing a man who allegedly was trying to steal his boat motor in July.
Prosecutors in January said the death of Dylan Thomas Jones, 23, could have been avoided, and that the homeowner could have used means other than fatal force. They also said there wasn't enough evidence to prove that the homeowner, 67, committed a crime or intended to kill Jones.
That's not always how these kinds of cases shake out.
In July, an Arlington man was convicted of murder for shooting a man who broke into his home.
Keira Earhart, 39, shot the man some three hours after the break-in and about a quarter-mile from Earhart's property. Ryan Rzechula, 25, was shot from behind as he was running away. His body was found two days later.
After a second trial, jurors convicted Earhart of second-degree murder under the theory that he caused Rzechula's death while committing the second-degree assault of pointing a gun at the man.
Earhart was sentenced to 12 years in prison.
Rikki King and Eric Stevick contributed to this report.
Diana Hefley: 425-339-3463; hefley@heraldnet.com.
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