Michael Galvin was charged with negligent homicide after an intruder broke into his detached garage. Michael shot the intruder.
An autopsy showed that the intruder was shot in the back. The question is, so what? In a fight it’s not impossible to believe that at the time the weapon was fired the intruder had turned. It doesn’t change the fact the intruder was in a place he shouldn’t have been. It doesn’t negate the potential and unknown threat the intruder must be assumed to have.
The state decided that the garage was not covered under the “make my day” law. The law allows homeowner to use deadly force against invaders. The argument is that the garage doesn’t meet the standard which states that the buildings are, “used, intended to be used, or usually used by a person for habitation”. Does a detached garage qualify?
Twelve jurors, seven women and five men decided it was. With only a half a day of deliberation they acquitted Michael.
The fact this was ever brought to trail is one of the problems with our society. A person protecting himself, his family and or property shouldn’t have to justify that defense.
Michael is a former member of the 10th Special Forces Group (Airborne).