A Montana man will face a similar sentence to that of Byron David Smith, the man convicted of killing two unarmed teenagers who had broken into his home in Little Falls, Minnesota, back in 2012.
Just like Smith, Markus Kaarma’s “castle doctrine” defense – that a homeowner can use deadly force to protect his dwelling so long as the force is deemed reasonable – failed because the jury decided he went beyond what could be considered “reasonable.”
Case in Question
According to court documents, fed up by what he felt was a lack of action by police, Kaarma decided to take matters into his own hands. Kaarma testified that teenagers had been stealing from unlocked vehicles and open garages in his neighborhood, including once from his home.
Kaarma decided to bait the thieves into stealing from his home, so he left a purse on the floor of his garage and left the door halfway open. He knew it was only a matter of time before the teens returned to the area, and he even told his hairstylist, ‘I’ve been up three nights with a shotgun waiting to kill some kids. I’m not kidding, you’re seriously going to see this on the news.”
Sure enough, a few days later on April 27 Kaarma was alerted to movement in his garage via motion capture sensors. Kaarma opened the garage door and immediately fired four shotgun blasts at the intruder. Diren Dede, an unarmed 17-year-old intruder was hit by two of the shotgun blasts, including a fatal strike to the head.
Because he baited the intruder and went above what the jury decided was a reasonable use of force, Kaarma was found guilty of deliberate homicide, whereas Smith was found guilty of two counts of premeditated murder.
Kaarma is due back in court February 11 for sentencing. He faces a minimum penalty of 10 years in prison.
“What the jury’s saying here is, you have a right to defend yourself, but this isn’t reasonable,” said University of Montana law professor Andrew King-Ries said. “Lots of people have guns here, and lots of people feel very strongly that comes with a responsibility to handle your weapon appropriately.”
Related source: Star-Tribune