CASTLE DOCTRINE: Police Won't Charge W. PA Man Who Killed Burglar In Garage.

[GreenStormCloud]

http://www.timesonline.com/news/state/da-won-t-charge-w-pa-man-who-killed-intruder/article_fd521229-221f-550f-b3e0-28d0f7c626e7.html

A district attorney says he won't charge a man with fatally shooting an intruder who was breaking into an attached garage at the man's southwestern Pennsylvania home.

The Pittsburgh Tribune-Review ( http://bit.ly/Lc9zSs) reports Thursday that Washington County District Attorney Eugene Vittone II says 59-year-old Martin Swarrow was justified in shooting the burglar on Thanksgiving morning.

State police say 30-year-old Elijah Malanosky, of Cokeburg, was breaking into the garage when Swarrow awoke about 4:30 a.m. and fired a warning shot before firing a second fatal shot into Malanosky's torso

Vittone says the shooting is justified under Pennsylvania's castle doctrine because "Malanosky placed Swarrow in fear for his life through aggressive behavior."

http://triblive.com/news/2194609-74/swarrow-force-vittone-intruder-circumstances-facts-justified-malanosky-shot-state

A Washington County homeowner who shot and killed an intruder on Thanksgiving morning was defending his property and will not face criminal charges, District Attorney Eugene A. Vittone II said Thursday.

The use of deadly force by Martin Swarrow, 59, “was justified and proper in light of the facts and circumstances,” Vittone said.

The incident occurred about 4:30 a.m. when Swarrow encountered a man who was breaking into a garage attached to his Centerville home. Swarrow, armed with a handgun, fired a warning shot before he struck the intruder once in the upper torso, state police said.

Elijah J. Malanosky, 30, of Cokeburg was pronounced dead at the scene.

Vittone said the case falls under a state statute that permits the use of force in self defense.

“Malanosky placed Swarrow in fear for his life through aggressive behavior,” he said. “It is clear that under these facts, circumstances and the application of Pennsylvania’s law ... justifiable use of force (was) justified.”

If we can assume that Swarrow didn't sleep in the garage then he was awakened while in his home and grabbed his gun to check out the noise in the garage to defend his property. The confrontation that ensued proved fatal for the burglar. In general I would consider that to be bad tactics. NEVER seek out a gunfight as there is always to possibility that you could lose the gunfight. Make the bad guy come to you and shoot from behind cover.

[pipoman]

1. In most states, an attached garage is very much considered part of a dwelling...

detached is a different story.

[Tuesday Afternoon]

2. does a breezeway joining the two structures make it attached?

[pipoman]

3. If it is a pemanant enclosure with a locking door or no door

it does in my state. I believe this is settled law at the SCOTUS level IIRC.

[Tuesday Afternoon]

4. or no door? either/or? confusion. clarify, please

[pipoman]

5. If

the breezeway has a door it must lock to make the garage part of the dwelling. If the breezeway doesn't have a door to the outside and is a permanent structure (in either case), the garage is attached and part of the dwelling. My job required I understand and abide by this specific part of the state law on a daily basis for many years. These state law definitions and distinctions are usually based on high court decisions and are somewhat universal from state to state...if it is a concern it should be researched for the specific state.

[Tuesday Afternoon]

12. got it, I think

If the breezeway comes off a porch from the house to the garage then there is no door and thus no lock is needed. am I understanding correctly?

If the breezeway has a door that goes straigt into the house, it must be a locked door.

Also, if the breezeway has a door into the garage then the garage door must lock but, if the breezeway goes to an open structure (carport style) then there is no door and thus no lock is needed.

So it depends on what happens on either end of the breezeway, right?

[pipoman]

13. No, I'm not being clear..

this is all about access from the outside of the home. If a breezeway has a door in between the house and the garage leading to the outside of the home, it must have a lock for the garage to be considered part of the dwelling..it is attached. If the breezeway has a door to the outside of the home which doesn't have a lock, like a wooden screen door, the garage is not part of the dwelling...it is detached.



If the breezeway has no door to the outside of the home..like a screened in hallway, the garage is considered attached and part of the dwelling.



The door leading from the breezeway into the house, and from the breezeway into the garage are immaterial in this.

[Tuesday Afternoon]

14. OK. got it now. thanks for clarifying. n/t

[AnotherMcIntosh]

6. Most states? Do you know of any state where an attached garage is not part of a dwelling?

[pipoman]

8. No, it is usually covered by state law..

the terms of state laws vary. It isn't a safe assumption in a case like this one...where an incorrect assumption could result in more trouble than is needed.

[AnotherMcIntosh]

9. I, too, do not know of any state where an attached garage is not part of a dwelling.

Please excuse me, but my answer is an unqualified one.

[Meiko]

7. I agree

take a defensive position and call the police. If the burglar enters the house then act accordingly.

[AnotherMcIntosh]

10. The homeowner lived in a wooded area. If he was willing to investigate a racoon-type noise and

initially shoot to scare off whatever was making the racoon-type noise instead of identifying and targeting an intruder, who are we to criticize the homeowner on the grounds that he sought out a gunfight?

Plus, the District Attorney's actions shows that he did not believe that the homeowner sought out a gunfight. If he didn't think so, why should we? Because an intruder was shot? That's no justification for believing that the homeowner initially knew that he was dealing with an intruder instead of a racoon.

[GreenStormCloud]

11. OK. That does put a different flavor on things.

Please note that I was not diagreeing with the DA but with the tactical wisdom of the homeowner.