Justice is, no charges files.... Downside, NC is being overrun by NY and Northeast liberals who lack common sense.
As for my personal beliefs and values, I feel that the homeowner was justified in his act. Besides, the decedant initiated the act becasue of his unlawful entry upon defendants land. However, without a clear definitoin of statute, I cannot let my personal feelings overule. The second restatement of Torts says that deadly force can be used for defense of property if and only if the actor reasonably believes that the trespasser will casue death or serious odily harm to the actor or a third person in teh actors care unless expelled or exluded by the deadly force of the actor. I know that this deals with the civil side of the law and also is not universally used, however, it is a good example of how many courts will treat this case. Unless it can be found that the homeowner reasonably belived that he had to kill the trespasser in order to protect himself from such a fate, then unfortunately, the homeowner will be held liable. This shoud underscore the fact that we must stand up and ask our legislatures to make statutes that allow for the use of deadly force in more situations than just the home. Justice comes from who and what we vote for, and how well be pressure our states to make changes in statutes that we feel are most just. This is just underscores why the Patriot Act should be permanent forever!!!