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Old May 15, 2008, 03:35 PM   #28
MLeake
Senior Member
 
Join Date: November 15, 2007
Location: Outside KC, MO
Posts: 10,128
Counter-point for PBP

If a guy who I don't consider a physical threat, and who should know he doesn't stand a chance in a fistfight with me, decides to break in my door...

... I will probably assume he's brought a weapon. Otherwise, he'd just be stupid.

I agree the firefighter shouldn't have left provoking messages, and that he should have involved the police a bit sooner. However, I think it reasonable for him to have thought the decedent likely to be armed at the time of the break-in, based on behavior.

Granted, it's possible the decedent used a key, instead of kicking in the door, but it does say that the ex-girlfriend called the police when she heard the pounding on the door. It seems illogical that somebody who had a key would pound on a door more than once, before using the key. My inference would be that he broke it in, but maybe we'll get more facts reported at a later time.

Criminally, this should be "not guilty." The civil suit could be another matter.

Just my $.02.

Cheers,

M
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