NY - Amherst Resident Fatally Shoots Man He Claims Was Intruder

[Kevlar]

An Albany man visiting people in Amherst was shot to death overnight by a homeowner who claims the man was an intruder, police said today.

David W. Park, 31, was discovered inside a Millbrook Court residence shortly after 1 a.m. and was later pronounced dead at Millard Fillmore Suburban Hospital.

Police said no charges have been filed against the homeowner, who they declined to identify, but said the investigation is continuing.

http://www.buffalonews.com/2010/03/28/1001766/albany-man-fatally-shot-in-amherst.html.

 

[Kevlar]

The Buffalo-area homeowner who fatally shot Albany teacher David Park will not be held criminally responsible.

David D'Amico testified before an Erie County grand jury on Monday, which determined that he had not acted criminally, his attorney, Thomas Burton, said Tuesday. The grand jury returned a no-bill Tuesday, clearing D'Amico of criminal charges. Neither Burton nor D'Amico appeared in court Tuesday.

Burton said his client was devastated by the shooting and had waived his immunity for any crime that had occurred that night. He said D'Amico, who was so drained by the experience that he lost 15 pounds in the last month and a half, was relieved that the situation was not compounded by his having to face trial on second-degree murder charges.

"That doesn't mean it wasn't tragic," Burton said. "It just means it wasn't criminal."

Park, a 31-year-old teacher at Arbor Hill Elementary School, was shot around 1 a.m. March 28 after entering D'Amico's home in the Buffalo suburb of Amherst. Toxicology results show that his blood alcohol level was twice the legal limit for driving while intoxicated. Why Park entered the house through an unlocked rear door likely will never be known. He was in the Buffalo area with his wife to attend a baby shower at a neighboring home.

Criminal cases where a homeowner fatally shoots an intruder are rare, said Erie County District Attorney Frank Sedita III. He said the shock of the incident was deeply felt on both sides and that the homeowner will suffer for the rest of his life with the consequences of the shooting. He called it a "textbook case" of a justifiable shooting.

"If there's any lessons, it's under certain circumstances you have the right to shoot somebody in your home," he said.

http://www.timesunion.com/AspStories/story.asp?storyID=929986.

 

[WanMan99]

Shoot first, ask questions later???? Sounds like the guy was drunk and went into the wrong house. Tough to judge if you weren't on scene.
Damn, I sound like an anti.

 

[P-14]

Sounds like the guy was drunk and went into the wrong house.

Probably. But remember, there are happy drunks and angry drunks. We don't know which type this dead maroon was.

 

[cekim]

Shoot first, ask questions later???? Sounds like the guy was drunk and went into the wrong house. Tough to judge if you weren't on scene.
Damn, I sound like an anti.

Yes you do - the blame lies with those who drink irresponsibly and end up in the wrong house.

We cannot require time travel or clairvoyance of people in life or death situations.

We can require responsibility of those who drink for their actions.

 

[Gonzo]

I've never ended up in the wrong house while drinking. Wrong state, wrong country, yeah sure. Who hasn't?

 

[cekim]

I've never ended up in the wrong house while drinking. Wrong state, wrong country, yeah sure. Who hasn't?

Most of the time you don't get shot for that though - there are notable exceptions...

 

[Reptile]

Was the intruder totally naked?

That has happened before- a drunk naked guy breaking into a house and getting shot and killed.

 

[terraformer]

Was the intruder totally naked?

That has happened before- a drunk naked guy breaking into a house and getting shot and killed.

In denver at one point.

 

[CRSIII]

Probably. But remember, there are happy drunks and angry drunks. We don't know which type this dead maroon was.

I've seen ''happy drunks'' turn to raging, violent maniacs in about 2 seconds.

 

[pbearperry]

1AM and a rear door is unlocked.What year is this? 1950? Gimme a break.

 

[cekim]

1AM and a rear door is unlocked.What year is this? 1950? Gimme a break.

Eh, what would you like broken? People forget. Sometimes they live in areas where break-ins are sufficiently rare that they get sloppy. Perhaps he was busy with family? Let the dog out in a half-awake stupor?

When busy with toddlers loading in and out of the car, I returned home once to find my front door wide open. I had left it that way because I was distracted with car seats, baby bags, formula, diapers, etc...

There are any number of perfectly reasonable explanations for failing to lock your back-door and I bet if we inspected surprise your house frequently enough, we'd catch you too...

No bearing whatsoever on the shooting. Try to put yourself in his place. If you do it right, you will see he wasn't the one in the wrong.

 

[CRSIII]

1AM and a rear door is unlocked.What year is this? 1950? Gimme a break.

In 1950, only a deranged lunatic would walk into a house uninvited.

Cuz regular criminals knew they could get shot!

It's up side down now.

 

[Rob Boudrie]

waived his immunity for any crime that had occurred that night

Huh?

 

[pbearperry]

You wouldn't catch my door unlocked at 1AM. When I am in bed,everything is locked.What's the sense of buying guns for protection yet you leave doors unlocked?