The Herald, Sharon, Pa.

Opinion

August 29, 2010

Unauthorized home entry adds uncertainty to alarm

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A recent incident in Greenville brought up a question that many people have pondered in the past: When is it OK to shoot someone who enters your house?

That answer isn’t easy, at least in Pennsylvania.

According to police reports, David E. Keck entered a Plum Street residence where his estranged wife was living and he created a disturbance in the early morning hours of Aug. 21. He was armed with a metal pipe.

Homeowner Charles Heck shot Keck in the arm, and the intruder then ran out of the house.

Keck was treated at a hospital and after he was released, he was arrested by Greenville-West Salem Police and charged with burglary, criminal mischief and two counts of aggravated assault.

Heck will not be charged, according to Mercer County District Attorney Robert G Kochems.

Some states have laws that are clear about when you can use force against an intruder. But that’s not always cut and dry.

Some people who have shot intruders, have later been sued by the criminals or families of the intruders if they were killed.

The big question in most cases has come down to this: Even though someone breaks in to rob your house, are they really a threat to harm you?

It’s a touchy subject. How can anyone really know, even if they aren’t armed?

One reason that courts find it hard to make a clear case that you can shoot anyone who enters your home is that it would be easy to use that as a motive to kill someone.

Even the recent Greenville incident left questions for the police to sort out. The woman said  she opened the door for Keck, thinking it was someone else who was a mutual friend of the couple.

The wounded Keck claims he didn’t hit Heck with the pipe until after Heck shot him. It’s a case of he said/he said.

There are no easy answers when it comes to making laws about using potential deadly force against home invaders. Or even in an instance where a fight might break out when someone is permitted into the home.

As it stands, each case must be taken on an individual basis. And it can’t be easy for police or the courts to determine what really happened in some cases.

It would be nice if there were commonly understood  laws on what force you can use if someone enters your home. But even then, the real facts might still be in question.

That’s why we have judges and juries. But even they face some tough decisions.

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