Boy, 13, killed while stealing from car in St. Louis may test state's castle doctrine

STL Today (Post Dispatch) ^ | December 01, 2015 | Joel Currier, Jeremy Kohler

[Da Bilge Troll]

ST. LOUIS • Ernest Williams, 14, says he, his cousin and their friend were wrong to sneak out on their bikes at night, hop a backyard fence and rummage through someone’s car for pocket change.

The car’s owner interrupted the boys and shot at them about 12:45 a.m. Sunday, killing Ernest’s 13-year-old cousin, Martinez Smith-Payne.

Ernest wishes they had gone home instead of riding down that North Point neighborhood alley. “I was just thinking while in the jail cell, what was up in that car was not worth Martinez’s life,” Ernest said on his front porch Monday, standing next to his mother. “We all were responsible for going in that car. All three of us made that choice.”

Their friend ran off, but Ernest called 911 and stayed with Martinez until police arrived. Ernest was taken into juvenile custody for several hours.

The shooting could test Missouri’s laws regarding a homeowner’s right to protect himself.

Prosecutors said Monday they are reviewing the case, though authorities released only a broad outline of the facts: a 60-year-old man shot Martinez after catching him and two other boys searching his unlocked car in the 5900 block of Riverview Boulevard.

Martinez, who lived in the 5200 block of Davison Avenue, died at a hospital. Police arrested the man who shot him Sunday, but the man was released after prosecutors did not charge him. The man could not be reached for comment Monday.

A spokeswoman said St. Louis Circuit Attorney Jennifer Joyce’s office would not make anyone available to answer questions Monday because the case was under review. A prepared statement from Joyce called the case “a terrible tragedy,” adding that “Missouri law regarding a homeowner’s right to protect himself and his property is complicated.”

[Da Bilge Troll]

My personal opinion is that he should be charged. He was not in fear of his life or anyone else's life.

[Uncle Miltie]

The cost / benefit just wasn’t worth it.

Not that there’s anything wrong with stealing. ..

[Cen-Tejas]

..... I tend to agree but am going to wait for more facts. My central question at this moment is “did the boys menace the shooter in any way?”

[Rurudyne]

The man knew exactly what about the trespassers other than he was outnumbered and that they were stealing?

[oh8eleven]

My personal opinion is that he should be charged.
My guess is that if he didn't have the gun, the three thugs teens would have given him a beat down - possibly a life-threatening one. No charges.

[circlecity]

"He was not in fear of his life or anyone else's life."

How did you come to that conclusion?

[Vigilanteman]

Not only very possible, but likely. Few 60 year old guys are a match for three teens without an equalizer.

Next time the teens need spare change, I'd suggest a paper route.

[Don Corleone]

Too late smart...too soon dead!

[ridesthemiles]

IF someone wants to mes with MY TRUCK—TRAILER-CAR-GARAGE- or ANYTHING on MY PROPERTY, they are taking their own chances.

IF you were NOT invited onto my property, you are there for no good reason. There is a reason why they make NO TRESPASSING signs.

Mr Smith & Mr Wesson will back me up.

[Jack Hammer]

My opinion is that the only thing he should be sentenced to is additional range time. He only got one.

[Cletus.D.Yokel]

:: what was up-in that car was not worth Martinez’s life ::

Well, disregarding the grammar and structure...
Nothing!

When you visit my house without invitation (as if you were Geo.III’s taxing entity?), I’ll...kill you...
if you don’t have authority to do such.

We (US Citizens) continue to fight the Revolution of 1775. How difficult a concept is that?

[Dilbert San Diego]

Kids don’t do paper routes anymore. Newspapers are delivered by adult drivers nowadays.

[bkopto]

"killing Ernest's 13-year-old cousin, Martinez Smith-Payne...."

Hyphenated last name Alert!

[OKSooner]

The state that gets this sort of thing the most right is Texas. Burglary under cover of darkness is de facto evidence of intent to cause personal harm because the victim can't see if the intruder is armed or not. Also can't really tell how old they are, or for sure how many they are.

Bad, tragic decision for a 13yo kid.

[Snickering Hound]

[DJ MacWoW]

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[PATRIOT1876]

The kid should be locked up.

Stupid should be painful.

[Right Brother]

Exactly. In the darkness of 1 AM, how did he know their age or if they were armed?

I love this statement from his mom from the article:

“You can’t keep an eye on a child 24/7,” she said. “Kids are going to be kids. And they’re boys. I know that I raised Martinez to the best of my ability, being a single, black parent. He was a good kid. He just made a bad decision.”

[DungeonMaster]

Ernest wishes they had gone home instead of riding down that North Point neighborhood alley. I was just thinking while in the jail cell, what was up in that car was not worth Martinez's life, Ernest said on his front porch Monday, standing next to his mother. We all were responsible for going in that car. All three of us made that choice.

That's how you learn when you don't have parents.

[Vigilanteman]

When I was a kid, we not only had options for paper routes, but field work on nearby farms, selling stuff door to door, sweeping up, mowing lawns, raking leaves, shoveling snow, etc.

Are NONE of those options available anymore?