UT: Man charged for firing at intruder BBQer

AP on Yahoo ^ | 7/17/07 | AP

[NormsRevenge]

ROY, Utah - A man fired six shots at a backyard intruder who was trying to light a barbecue grill, police said. "Way odd," Police Chief Greg Whinham said. Michael Wilder, 66, was charged with attempted homicide after chasing Kory Scott and shooting at him.

"Nobody should wake up and find someone in their backyard doing anything, but the law's very specific that you can't use deadly force in that situation," Whinham said.

Scott was not injured in the July 11 incident. He twice tried to run away when Wilder confronted him, according to court documents.

"Stop or I'll shoot," the homeowner said, according to the documents.

Wilder fired two shots, followed by four more, police said.

A phone message left for Wilder was not immediately returned Tuesday.

[NormsRevenge]

Hey, Out West you don’t mess with a man’s girl or his grill. ;-)

[zencat]

There have got to be some great kill it or grill it jokes coming...

[BykrBayb]

He fired six shots, intending to hit the intruder, and missed every time? I doubt it. But I don’t see any reason why he shouldn’t have shot him. Somebody comes into my yard and tries to start a fire, I don’t care if it’s in my grill or on my porch, I’m not going to miss.

[On the Road to Serfdom]

Wouldn’t he be preventing arson?

[metmom]

"Nobody should wake up and find someone in their backyard doing anything, but the law's very specific that you can't use deadly force in that situation," Whinham said.

What? There's a law on the books that says you can't shoot at someone trying to light your grill? It's that specific?

Way to go homeowner. Maybe it'll give the guy second thoughts next time he tries it on someone else.

He should have said he thought the guy was armed and threatening him.

[ConservaTexan]

"Nobody should wake up and find someone in their backyard doing anything, but the law's very specific that you can't use deadly force in that situation," Whinham said.

This is an example where more gun control is needed. If he had hit what he was shooting at, he may not have been charged.

[San Jacinto]

There's a law on the books that says you can't shoot at someone trying to light your grill? It's that specific?

In some states it depends on whether it's a gas grill or a charcol grill. Tampering with a charcol grill is considered a more personal type offense since gas grills don't actually do BBQ. In Texas it is a capital offense to violate a man's smoker.

[theDentist]

A man and his wife are sleeping when the doorbell starts ringing, and continues. The man gets up and rushes downstairs to find a drunk ringing the bell.
"What do you want" he asks angrily.
"I need a push." replies the drunk.
"Go sleep it off." says the man.
"I just want a push." says the drunk.
"No." and the door closes. As the man goes upstairs, he hears the drunk "I just want a push".
"What was it?" asks his wife
"A guy wanted me to push his car to get it going. I think he's drunk."
"Do you remember the time WE had to knock on that farmers door when the car died? He let us stay the night and had it running before we woke in the morning. Wouldn't take a dime, just said to help someone else someday. Wouldn't this be your chance to repay the debt???"
The husband thinks on it and reluctantly gets out of bed and goes downstairs. He grabs his coat, slippers and goes outside.
"Allright buddy. I'll give you your push. Where are you?"
"Over here on your swing!"

[TexasCajun]

Michael Wilder needs to learn a little gun-control!

[explodingspleen]

If you care that much about people in your backward, perhaps a guard dog would be in order? I don’t think you would get charged if somebody hopped your back fence and got mauled to death.

[SouthTexas]

you don’t mess with a man’s girl or his grill. ;-)

Or his dog.

[SIDENET]

LOL.

[tubebender]

Will you be out of jail in time for your vacation or can I recommend a lawyer...

[glock rocks]

Will you be out of jail in time for your vacation or can I recommend a lawyer...

Naw... thanks. The family's just lousy with em. We sprayed, didn't help.

[SunkenCiv]

Throw another simp’ on the barby...

[El Gato]

I don't know about Utah law, but I'm pretty sure this would have justifiable use of deadly force in Texas. The law in Texas allows deadly force to be used:

"when and to the degree he reasonably believes the deadly force is immediately necessary:

(A) to prevent the other's imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime; or

(B) to prevent the other who is fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property; and

(3) he reasonably believes that:

(A) the land or property cannot be protected or recovered by any other means; or

(B) the use of force other than deadly force to protect or recover the land or property "would expose the actor or another to a substantial risk of death or serious bodily injury."

(From § 9.42, Texas Penal code).

Clearly he was at least preventing criminal mischief during the nighttime, probably theft (during the nighttime) and arson as well.

[El Gato]

A quick search found this on Utah's deadly force laws.

Looks like the homeowner should have moved to Texas.