The Washington County District Attorney says he applied the state's new "castle doctrine" in deciding not to file criminal charges against a homeowner who shot and killed an unarmed 20 year old man who was hiding on his porch.
The March 3rd shooting of Bo Morrison in the village of Slinger is similar in some ways to a Florida case that has made national headlines this week. But there are important differences. Morrison was drunk and hiding from police on an enclosed porch when the homeowner confronted and shot him. District Attorney Mark Bensen says after careful analysis he decided it was a clear cut case of self defense. He quoted the new castle doctrine law in explaining his decision.
"The jury, the court, will presume the homeowner person reasonably believed that the force they used was necessary to prevent imminent death or great bodily harm there simply was no way I could prove this case with the castle doctrine," he says.
The states new castle doctrine gives homeowners' broad protections from prosecution if they kill someone they believe is an intruder. Critics of the law, like Marquette Law professor Greg Omeara, say it could protect people who shoot otherwise harmless trespassers.
"The law essentially insulates folks who could be paranoid, dangerously aggressive, any damn fool with a gun," he says.
ADVERTISEMENT
But the Washington County District Attorney says the homeowner in this case had well-founded reasons for fearing for his life.
