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Widow sues homeowner in husband's death
Buffalo News ^ | January 15, 2011 | Dan Herbeck

Posted on 01/15/2011 8:13:37 PM PST by seton89

The widow of David W. Park, an Albany teacher who was shot and killed as an intruder in an Amherst home, has filed a wrongful death lawsuit against the homeowner who pulled the trigger.
The lawsuit accuses David D'Amico of the "willful, intentional, malicious" slaying of Park, and acting "without just cause [or] provocation."
Deanna Ripstein, Park's widow, filed the State Supreme Court lawsuit eight months after an Erie County grand jury -- following an extensive Amherst Police investigation -- decided not to file criminal charges against D'Amico.

(Excerpt) Read more at buffalonews.com ...


TOPICS: Culture/Society; US: New York
KEYWORDS: banglist; castledoctrine; lawyerscum; tortreform
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1 posted on 01/15/2011 8:13:39 PM PST by seton89
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To: seton89

Was the deceased committing a crime?.....


2 posted on 01/15/2011 8:16:42 PM PST by Red Badger (Whenever these vermin call you an 'idiot', you can be sure that you are doing something right.)
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To: seton89

>>”This is a case that people will have strong feelings about one way or the other, but people need to keep in mind that David wasn’t a criminal. David was an award-winning elementary school teacher whose life was cut short,” he said.<<

And a drunk who walked into a stranger’s house then proceeded to start up the stairs towards the homeowner’s wife.

Yeah.


3 posted on 01/15/2011 8:17:13 PM PST by netmilsmom (Happiness is a choice.)
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To: seton89
...shot and killed as an intruder in an Amherst home...

The lawsuit accuses David D'Amico of the "willful, intentional, malicious" slaying of Park, and acting "without just cause [or] provocation."

I'd call being an intruder in someone's home more than just cause and provocation. Any intruder in my home is going to die. This day and age, you don't know what kind of h**l someone breaking in may be prepared to inflict. I'm not going to give up an advantage in the element of surprise, I'm going to act to defend myself and my family who by definition are in mortal danger from any intruder. Too many home invasions end with the people in the home dead. Not me or mine.

4 posted on 01/15/2011 8:20:26 PM PST by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: netmilsmom
David wasn’t a criminal.

Yes, he was, the moment he entered the home.

5 posted on 01/15/2011 8:21:38 PM PST by ThunderSleeps (Stop obama now! Stop the hussein - insane agenda!)
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To: seton89
The most generous case for D'Amico was that he was a confused drunk (0.18 blood alcohol level) stumbling into the wrong house and refusing to leave when told to do so by the homeowner. Even that should result in a not guilty verdict from any sane jury.
6 posted on 01/15/2011 8:22:17 PM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: seton89

Just another reason to live in Texas. A government that protects gun owners. IF i shoot you and the cops deem it legit, you can’t sue me.


7 posted on 01/15/2011 8:22:48 PM PST by chesty_puller (70-73 USMC VietNam 75-79 US Army Wash DC....VietNam was safer.)
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To: netmilsmom
"David was an award-winning elementary school teacher"

...and not a very bright one.

8 posted on 01/15/2011 8:22:54 PM PST by Islander7 (There is no septic system so vile, so filthy, the left won't drink from to further their agenda)
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To: chesty_puller

Of course you can’t, you’re dead. No one else can either.


9 posted on 01/15/2011 8:23:49 PM PST by chesty_puller (70-73 USMC VietNam 75-79 US Army Wash DC....VietNam was safer.)
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To: KarlInOhio

D’Amico is the homeowner.

Park was the drunk.


10 posted on 01/15/2011 8:24:58 PM PST by seton89
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To: seton89
D’Amico is the homeowner. Park was the drunk.

Oops. You're right. Cut and paste isn't my friend.

11 posted on 01/15/2011 8:26:02 PM PST by KarlInOhio (Washington is finally rid of the Kennedies. Free at last, thank God almighty we are free at last.)
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To: seton89

So he was...Dead drunk.


12 posted on 01/15/2011 8:27:45 PM PST by BigCinBigD (Northern flags in South winds flutter...)
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To: seton89
"[The incident] occurred as a result of the fault, negligence and carelessness of D'Amico, without any negligence on the part of Park contributing thereto,"

Only an attorney could assert that with a straight face.

13 posted on 01/15/2011 8:27:56 PM PST by thecabal (Destroy Progressivism)
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To: seton89

“David Park was a teacher and a family man, and he should not have died that night.”

And he would not have died but for the 0.18 blood alcohol level, or more than twice the drunk limit. If they had an ounce of decency, they’d leave it at a sad event, not try to blame innocent people.

Maybe they are counting on a homeowners insurance settlement?


14 posted on 01/15/2011 8:32:54 PM PST by mewykwistmas ("Politicians are the same all over. They promise to build a bridge even where there is no river. ")
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To: seton89; rmlew; Clemenza

In Texas, there would be no case.


15 posted on 01/15/2011 8:33:15 PM PST by Paleo Conservative
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To: seton89

I’d like to think I could tell the difference between a confused drunk and a dangerous belligerent drunk, but I wont condemn the man who was defending his home. Unfortunately the legal bills to defend himself will probably bankrupt him.


16 posted on 01/15/2011 8:36:37 PM PST by Hacklehead (Liberalism is the art of taking what works, breaking it, and then blaming conservatives.)
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To: seton89

The judge should throw it out as a frivolous case. It is a shame that the teacher got drunk and committed the crime of breaking and entering. The perp was the drunk teacher. Ripstein and her attorney are seeing dollar signs because they will attempt to find a sympathetic jury. This civil suit is totally wrong.


17 posted on 01/15/2011 8:42:46 PM PST by apoliticalone
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To: Red Badger
Was the deceased committing a crime?.....

Is home invasion a crime?

18 posted on 01/15/2011 8:45:30 PM PST by E. Pluribus Unum ("If they bring a knife to the fight, we bring a gun." -- Barry Soetoro, June 11, 2008)
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To: seton89
"David was an award-winning elementary school teacher"

So? I do not care if he was a award-winning teacher, a local pastor, or the president of the United States. He was an intruder and the shooting was justified. Sorry this woman lost her husband, but she has to eventually realize it was all her husband's fault for what happened. I would have shot him too.

19 posted on 01/15/2011 8:47:22 PM PST by rawhide
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To: apoliticalone
The judge should levy all court costs against the widow.

This is beyond ridiculous. What was the homeowner to do? Offer the intruder his bed?

20 posted on 01/15/2011 8:59:04 PM PST by susannah59
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To: E. Pluribus Unum
Was the deceased committing a crime?

Is home invasion a crime?

Does Charlie Daniels play a mean fiddle?

21 posted on 01/15/2011 8:59:21 PM PST by Ken H
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To: seton89
Police determined that Park entered the D'Amico home through an unlocked rear door. The D'Amicos had gone to bed at about 10 p.m. thinking the door was locked, Burton said.

Pretty suspicious...

22 posted on 01/15/2011 9:01:09 PM PST by TheDon (The Democrat Party, the party of the KKK (tm))
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To: Paleo Conservative
Too many folks assume that Texas law protects them when they do anything they want ~ but it doesn't. You can't, for example, invite a guy over for a beer and then shoot him.

And, if you screw up and kill somebody just because he made a mistake and came in your front door rather than his own, you could very well find you'd messed with the wrong family.

Always, always find out their surname first!

At the moment this guy probably doesn't have a big problem but it'll cost him something to answer the suit, but he's lucky. In New Jersey he'd be meeting the Profacci family, or maybe the successors to the Gambinos (as a couple of Vietnamese thugs are discovering locked up for trying to rob a local mobster's wife at a hair salon).

What you want to do after one of these killings is NOT SWAGGER but avoid becoming a target.

And honor killings? Those Arabs don't reserve them just for their sl__+_ daughters.

23 posted on 01/15/2011 9:02:14 PM PST by muawiyah
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To: thecabal
"[The incident] occurred as a result of the fault, negligence and carelessness of D'Amico, without any negligence on the part of Park contributing thereto," A real judge should toss this case out and give the filing attorney 90 days for contempt for wasting the courts time.
24 posted on 01/15/2011 9:05:04 PM PST by fella (.He that followeth after vain persons shall have poverty enough." Pv.28:19')
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To: Islander7

No, he could have been a very bright ELEMENTARY school teacher....


25 posted on 01/15/2011 9:06:33 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: thecabal

Defense Attorney Credo: “It isn’t a lie, if you believe it.” - George Costanza


26 posted on 01/15/2011 9:07:33 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: seton89

Technically the guy might have been within his rights to shoot. Nonetheless I would not have done it under the circumstances. Somebody too drunk to know where he was or that he was in the wrong house would be pretty hard to view as dangerous.


27 posted on 01/15/2011 9:12:47 PM PST by wendy1946
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To: muawiyah
Too many folks assume that Texas law protects them when they do anything they want ~ but it doesn't. You can't, for example, invite a guy over for a beer and then shoot him.

There was a case in Houston where a Scot was acting very strangely and got a cab driver to drop him off in the middle of a neighborhood in Houston. He knocked and made loud noises in the back yard of a home and was shot by the home owner. No charges were ever filed against the home owner, and I don't believe the dead man's family was ever able to file a suit against the home owner either.

28 posted on 01/15/2011 9:14:51 PM PST by Paleo Conservative
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To: seton89
David was an award-winning elementary school teacher

Which is relevant to what? Oh, yeah, absolutely nothing.

29 posted on 01/15/2011 9:41:09 PM PST by ChildOfThe60s ( If you can remember the 60s....you weren't really there)
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To: wendy1946

Yeah, drunk people are never belligerent. They are always peaceful and laughable good fellas; and they always do as they are told.


30 posted on 01/15/2011 9:54:13 PM PST by ProtectOurFreedom
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To: seton89
"Police said a blood test determined that Park's blood-alcohol content was 0.18, more than twice the level needed to charge a motorist in this state with driving while intoxicated."

0.18% is not so drunk a grown man doesn't know what he's doing. He was obviously up to no good...

31 posted on 01/15/2011 10:09:27 PM PST by Mariner (USS Tarawa, VQ3, USS Benjamin Stoddert, NAVCAMS WestPac, 7th Fleet, Navcommsta Puget Sound)
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To: muawiyah
You can't, for example, invite a guy over for a beer and then shoot him.

You can't?

Well, time for plan B.

32 posted on 01/15/2011 10:17:46 PM PST by fortheDeclaration (When the wicked beareth rule, the people mourn (Pr.29:2))
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To: seton89

33 posted on 01/15/2011 10:18:37 PM PST by kcvl
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To: wendy1946
wendy1946 said: "Somebody too drunk to know where he was or that he was in the wrong house would be pretty hard to view as dangerous."

And what if the guy was only pretending to be drunk in order to gain entrance to the house for him and his accomplices waiting outside? Just how helpless are you willing to become due to someone else's error when the lives of your loved ones hang in the balance?

Four men in a car arrived at my place one evening. One of the men exited the car and assertively approached me while holding a piece of paper and speaking spanish, of which I understand only a little.

I was concerned enough that I backed up about ten feet into my doorway before the guy finally stopped. The most innocent explanation for what happened is that the men were lost and the approaching man wanted to show me a written address and ask for directions.

An alternative possibility was that the approaching man intended to tackle me and hold me long enough for his partners to overpower me before I could get back into my house and reach a weapon.

I decided that the risk of the latter possibility was great enough that I had to retreat in order to prevent it. Had the approaching man entered without permission I would have been armed and he would have been bleeding all over my carpet.

There are people who die every day because they are stupid, incompetent, or negligent. I don't intend to let them take me with them.

34 posted on 01/15/2011 10:18:38 PM PST by William Tell
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To: muawiyah

“You can’t, for example, invite a guy over for a beer and then shoot him.”

I seem to recall a FR thread on that. The guy was invited over, but then wouldn’t leave. He started getting violent - and the homeowner shot him.

But yeah - USUALLY you can’t shoot a guy that you invited over for a beer. (”Get off my couch”)


35 posted on 01/15/2011 10:23:43 PM PST by 21twelve ( You can go from boom to bust, from dreams to a bowl of dust ... another lost generation.)
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To: mewykwistmas
If they had an ounce of decency, they’d leave it at a sad event, not try to blame innocent people.

Maybe they are counting on a homeowners insurance settlement?

I think you've got it sussed out right here. Looking for them "Deep Pockets" courtesy of their slimeball attorney at law.

36 posted on 01/15/2011 10:27:15 PM PST by Tainan (Cogito, ergo conservatus - Domari Nolo)
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To: Mariner

I hear ya - even a marginally experienced drinker would not be that horribly impaired. But this fellow doesn’t really fit the profile - perhaps there is another factor - illness, reaction to medication, etc.


37 posted on 01/15/2011 10:30:45 PM PST by stormer
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To: seton89

The lawsuit deserves to fail, as the shooting seems fully justified. Still, for the rest of his life, D’Amico will probably wish he had reacted differently. I hope he can forgive himself.


38 posted on 01/15/2011 10:39:07 PM PST by TChad
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To: mewykwistmas

I’d be willing to bet D’Amico’s insurance company won’t pay .. they will look up all the relevant documents, the investigation by the police and, especially, the blood alcohol level of Parks.

They most likely will choose to fight this (rather than establish any kind of precedent) even if it costs more in legal fees than a settlement.


39 posted on 01/15/2011 10:42:51 PM PST by EDINVA
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To: wendy1946

The guy wasn’t that drunk, he was borderline unable to drive.


40 posted on 01/15/2011 10:45:26 PM PST by runninglips (Don't support the Republican party, work to "fundamentally change" it...conservative would be nice)
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To: runninglips

Well, he came in the back door...at 10PM

That’s enough right there...


41 posted on 01/15/2011 11:05:40 PM PST by ltc8k6
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To: runninglips

I read somewhere that he had a sleepwalking problem.


42 posted on 01/15/2011 11:06:18 PM PST by kcvl
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To: wendy1946
Somebody too drunk to know where he was or that he was in the wrong house would be pretty hard to view as dangerous.

But you have the advantage of knowing he was intoxicated through a formal investigation, after the fact. The home owner had no such advantage. Keep that in mind while you judge this man...

43 posted on 01/15/2011 11:07:29 PM PST by csense
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To: seton89
Park, who was intoxicated, according to prosecutors, had gone into D'Amico's home after leaving a party next door.

Although no criminal charges were filed, attorneys for the Park family allege under civil law that D'Amico was negligent and acted wrongfully by killing Park.

"[The incident] occurred as a result of the fault, negligence and carelessness of D'Amico, without any negligence on the part of Park contributing thereto," attorney David H. Elibol said in court papers.

Had Mr. Park gotten behind the wheel and killed somebody on his way home, he'd have been guilty of negligence because he was drunk. So, why is he not negligent when he drunkenly enters someone's home and refuses to leave when ordered?

Your honor, move to dismiss...

44 posted on 01/15/2011 11:16:18 PM PST by OrangeHoof (Washington, we Texans want a divorce!)
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To: wendy1946
If a noise woke me up at 1:30am and I found an intruder coming toward my bedroom, I wouldn't be thinking he's a lost drunk. I would be thinking about protecting my family from a criminal who wanted to do us harm.
45 posted on 01/15/2011 11:29:27 PM PST by peeps36 (America is being destroyed by filthy traitors in the political establishment)
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To: runninglips

someone over twice the legal limit is not borderline


46 posted on 01/15/2011 11:56:09 PM PST by paul51 (11 September 2001 - Never forget)
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To: wendy1946
“Somebody too drunk to know where he was or that he was in the wrong house would be pretty hard to view as dangerous.”

My former husband was a mean, violent drunk no matter whose house he was in, somebody was going to catch hell.

47 posted on 01/16/2011 12:38:56 AM PST by ryderann
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To: seton89
How's this for a theory? Park was drunk and for some reason went out the back door and into the back yard to take a leak. It was dark and he was drunk, so he headed back into the neighbor's house by mistake instead of the one he had just exited.

Usually there are no fences to separate the back yards of houses in the Buffalo suburbs, so this really is plausible. This theory does not explain what happened after he got into the wrong house, just how he did get into the wrong house.

48 posted on 01/16/2011 1:05:48 AM PST by Neanderthal
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To: Paleo Conservative
In Texas, there would be no case.

There won't be any case in any other state of the USA, either. This reeking bullshit of a case will be tossed out sooner or later, or the jury will award 1 penny as a judgment against the defendant, just to illustrate the absurdity of the complaint...

49 posted on 01/16/2011 1:11:18 AM PST by sargon (I don't like the sound of these "boncentration bamps")
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To: Red Badger

Don’t shoot, I’m an award winning elementary school teacher.


50 posted on 01/16/2011 3:04:03 AM PST by cydcharisse (`)
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