Was the Castle Doctrine meant to cover this?
In the last session of the legislature they revised the self defense statute, to allow a person to use deadly force in defense of his home. The law was named the "castle doctrine" - i.e., your home is your castle.
A jury in El Paso apparently relied on this defense, and found a defendant not guilty in the death of a 13 year old boy. I'm sure the legislature had in situations where someone breaks into your home, and you believe you are about to be attacked. The facts in this case were far from that. The following is an excerpt from the AP story:
Gonzalez had endured several break-ins at his trailer when the four boys, ranging in age from 11 to 15, broke in. Gonzalez, who was in a nearby building at the time, went into the trailer and confronted the boys with a 16-gauge shotgun. Then he forced the boys, who were unarmed, to their knees, attorneys on both sides say.
The boys say they were begging for forgiveness when Gonzalez hit them with the barrel of the shotgun and kicked them repeatedly. Then, the medical examiner testified, Anguiano was shot in the back at close range. Two mashed Twinkies and some cookies were stuffed in the pockets of his shorts.
Another boy, Jesus Soto Jr., now 16, testified that Gonzalez ordered them at gunpoint to take Anguiano's body outside.
Gonzalez said he thought Anguiano was lunging at him when he fired the shotgun.
Death for stealing twinkies seems a little extreme, even for the most extreme supporters of "law and order". Reading between the lines, what looks like happened was that the defendant got mad, and lost his cool. While I wasn't there, I find it difficult to believe he thought his life was in danger from a group of teenagers on their knees, with a pocketful of twinkies.
The defense lawyer did an excellent job for his client. In the end, the jury determines whether someone acted in self defense. As a citizen though, it doesn't look like a case for self defense. No matter how you look at it, death for a 13 year old breaking into a house doesn't seem justified.
