MO - Man Shoots Armed, Masked Would-Be Intruder

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A Springfield man shot and critically wounded a man who tried to break into his apartment early Tuesday, police said.

Another alleged intruder has been charged with attempted burglary.

Michael Bellmyer, 55, told Springfield police he shot one of two men trying to enter his center-city home.

>snip<

Under Missouri law's "castle doctrine," a person may use deadly force in a home or vehicle break-in if the person believes such force is necessary to protect himself or others.

The doctrine states that force can be used against people who "unlawfully enter, remain after unlawfully entering, or attempt to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person."

Unlike some states, Missouri law does not have a "duty to retreat" clause that requires the resident to try to escape before using force.

http://www.news-leader.com/article/20101201/NEWS01/12010382/Police-Springfield-man-shoots-intruder



A shooting that followed an alleged break-in attempt on Tuesday in central Springfield began with a long-standing disagreement, court documents show.

William Smoot, who is charged with attempted robbery in the incident, told authorities he and a friend went to Michael Bellmyer’s home — armed with baseball bats and wearing masks — to settle a dispute.

>snip<

According to the probable cause statement in the case, Smoot admitted to arriving at Bellmyer’s home in the 700 block of West Wall Street carrying a baseball bat and, because it was cold outside, wearing a mask.....

http://www.news-leader.com/article/...arrived-with-bats-and-masks-to-settle-dispute



Probable cause statement...http://www.news-leader.com/assets/pdf/DO167384121.PDF



Sounds like a perfectly reasonable explanation [rolleyes] ...
 
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