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A Case of Self-Defense?

4344 Views 15 Replies 10 Participants Last post by  socofn
Homeowner shoots, wounds would-be intruder

Ty Young
The Arizona Republic
Dec. 16, 2005 03:30 PM

A man who tried to break into a Chandler house near Dobson and Pecos roads Thursday was shot by the homeowner, police said.

Sagio Maurice Henry, 35, of Chandler rang the doorbell around 1 p.m. Thursday, then went to the back door where homeowner Cary Dennis saw him. Dennis returned with a weapon and found Henry prying open a window, police said.

After startling Henry, Dennis chased him outside and ordered him to stop. When Henry brandished a pickax handle, Dennis shot him once in the chest, according to authorities.

Henry managed to flee and was later picked up by police at a Valley hospital. He was taken to Maricopa Medical Center, where he is receiving medical attention for non life-threatening injuries in the jail ward. Police would not name the hospital he had fled to.

"I am kind of still shaken up," said Dennis, who works in the after-market auto parts business. He declined to elaborate further on the incident.

Self-defense home invasion shootings are rare and are discouraged, said Chandler police Detective Frank Mendoza.

"We don't recommend handling things this way," he said. "Given the situation, he had plenty of time to call 911 and leave the home."

Once he recovers, Henry will be booked into Maricopa County jail and charged with one count of burglary.

Police are not pursuing charges against Dennis, Mendoza said. He could not say what type of gun was used or what Henry was using to pry the window.
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Well, in Michigan you have a duty-to-retreat, but under the castle doctrine there is no duty to retreat when you are in your own home and you may use lethal force if you have a reasonable belief that your life is in danger or you are in danger of great bodily harm.

This happened in AZ and I'm sure they have a similiar law based on the common law that Michigan and most states use. However, in Florida it would be interesting to see how such a scenario would play out with the new legislation that does away with any duty to retreat once confronted with a fear of death or great bodily harm.

At any rate, ONE HELL OF RISK this guy took by turning into Mel Gibson from Lethal Weapon and running this guy down once he had already retreated.
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