Alberta home invader killed (by knife-wielding defender)

Joined
Jan 3, 2007
Messages
386
This is an interesting news story. Seems one of two home invaders was killed, apparently in self defense by someone wielding a knife (the second attacker "fled the house with stab wounds.").

What is also interesting with this story is that is shows how, in Canada, courts are reluctant to "let off" anyone involved in a knife battle, self-defense or not.

Matt

January 4, 2008
Alberta home invader killed
Target of botched break-in may face homicide charge
By KIRSTEN MUNDY AND NADIA MOHARIB, SUN MEDIA

LANGDON -- A home invasion took a deadly twist yesterday, leaving one of two bandits dead and a suspect in critical condition from serious stab wounds.

And murder charges could be pending against the 35-year-old man renting the acreage home, who, along with his girlfriend, was jarred awake at 3:30 a.m. when the two men burst into the bedroom after forcibly entering the residence through a side door.

Mounties said the man fought off the two assailants, leaving one of them, a 32-year-old man, dead in the bedroom -- an unusual turn of events for police at the scene.

"It doesn't happen very often where an attacker ends up dead," RCMP Cpl. Patty Neely said.

The other would-be robber, a 27-year-old man, fled the house with stab wounds shortly after the invasion went awry.

A suspect was later found by cops at the Strathmore hospital and was taken to a Calgary hospital with critical injuries.

Although they couldn't say whether the bandits were armed when they arrived at the home -- or what types of weapons were used in the ensuing struggle with the man living there -- Mounties said the residence was not randomly hit.

"We do know that the assailants and the victims were known to each other," said Neely.

"This was a specific incident with a specific target in mind."

But, Neely said the reasons behind the botched invasion are still unclear.

"At this point we have no connection to gangs or drugs," she said.

"We have no ties to any criminal activity as of yet."

Police haven't released the cause of the 32-year-old's death and an autopsy is scheduled for today.

While the resident's 24-year-old girlfriend was not hurt, the man suffered injuries while warding off his attackers and was in stable condition. He could also face homicide charges pending the outcome of an RCMP investigation.

Sgt. Patrick Webb said self-defence has not been ruled out.

"We're investigating into the circumstances of the whole situation and that will determine whether or not there is a possibility of charges," he said.

Canada's Criminal Code authorizes people to use the amount of force necessary to protect themselves and their property.

However, the law stresses such force should not be used to cause death or grievous bodily harm.

Meanwhile, residents in the otherwise quiet hamlet 20 km east of Calgary were left rattled by the events.

Lisa Mayer, a mother of three who moved to a nearby acreage just days earlier, said she was shocked by the attack.

"It just kind of scares me," she said. "We used to live in Forest Lawn and hear sirens and HAWCS and stuff, so it was real nice out here for the last few nights."
 
The invaders broke into the bedroom at night while the occupants were sleeping. The police are investigating.

Wow.

The man is half asleep, has a woman to protect, and history of some sort with the invaders, and he's supposed to measure his response. Good. They should have knocked politely before before entering the room, and asked if they could all sit down and discuss the robbery or rape, or whatever they had in mind, like gentlemen. :rolleyes:

I'm not mocking the police, but I wonder if an editor read the story before the paper published it.
 
I'm waiting for more information to come out but if the two broke-in, a self defense claim would likely be the outcome.

Unfortunately, it would likely come after a trial and all the associated BS :(
 
It will be interesting to see how this unfolds. Unfortunately, in Canada the criminal has more rights than the victim.

I would guess that in the end that both parties will be charged, and unfortunately the victim who is trying to save his life/property will be the one going to prison.

Unfortunately in this country the police and the law expects you the victim to give in to all demands from the criminals, and if you resist their request, then the law will be questioning the victim not the attacker. It's the sad reality of this left wing liberal country still stuck in the British system.
 
Strangely, if the guy had used a baseball bat, he'd probably be okay. Seen more than a few cases where it went that way.
Because baseball bats, for some reason, don't get the same "weapon" stigma as knives.
But, deadly force IS clearly allowed in Canadian law in response to deadly force.
It will be VERY interesting to see the court's idea as to whether 2 intruders into your home is considered deadly force.
 
I don't think all the facts are presented here, and the police definitely think that there is more to the story than home invasion/self defense. We probably also need the medical details to determine if excessive force was used or not. For example, maybe the dead guy was stabbed multiple times in the back or something. Given that no charges have been laid yet, I'd hate to jump to sudden conclusions about police blaming the victims. They are still trying to figure out what happened.
 
I agree. We have no idea what the police think at this point. The media seem to need a story before the facts are in, which is generally misleading.
 
I hope that the gentleman who successfully defended himself and his girlfriend has the good sense to keep his mouth shut until he has the chance to "lawyer up". Remember, the police are definitely not our friends! Many innocent people ended up serving long prison sentences because they panicked and said the wrong things to the police, who almost always tape interviews.
 
I heard this story in Toronto:

A robber broke into a house, the old man saw him, and started to beat him with a stick.
The robber then sued the old man, and guess what. He won.
 
I guess instead of defending our homes, we should just invade theirs afterwards. We'd have more protection from the "justice" system...

Personally, I prefer a good bat rather than a knife for home protection. I have a little metal t-ball bat that's great for small areas.
 
If it's my home they've invaded, I much prefer blunt force to spilling blood all over my kitchen floor. :barf:
 
Unfortunately, in Canada the criminal has more rights than the victim.
Gives me a crackpot idea: the homeowner should countersue the robber's family, saying that his rights were infringed by having to kill a guy.

After all, a homicide is worse then a break-in... ergo, the homeowner should have more rights. :)
 
laws all over have become somewhat backwards.

i think it is england where if someone breaks in, your are expected to flee through another door. you cannot legally defend your property.


as far as the op's story, interesting indeed.

i suspect the "possible murder charges" are the result of an over zealous reporter who has taken a comment or answer completely out of context.
 
Sounds to me like the homeowner was a very capable fighter. He killed one and inflicted multiple wounds on the other. Why would people who know him try to rob him?? I wouldn't break into the home of a guy I knew had knives and the skill to use them.

I keep thinking that with them knowing each other there might be more to the story here. And what is not being told to us might end up being the reason for the murder charge.
 
we most certainly do not know the whole story. the connection is probably very important.

but prima facie it appears the murder charge comment was premature.
 
I have no real knowledge of the Canadian legal process, but would estimate this part is identical to the US process: here, it's the prosecutor's role to announce or bring charges, not the media's.

If I were prosecuting this case, I would be pretty publicly ticked with the reporter, because he just tainted thousands of potential jurors with that comment.
 
I have no real knowledge of the Canadian legal process, but would estimate this part is identical to the US process: here, it's the prosecutor's role to announce or bring charges, not the media's.

If I were prosecuting this case, I would be pretty publicly ticked with the reporter, because he just tainted thousands of potential jurors with that comment.

it may have gone something like this:

reporter: "so with two people dead, a third maybe dying, will there be an arrest made and murder charges filed?

media relations officer: "too early to tell, the investigation is just underway. but there is the possibility that if we determine the homeowner acted inappropriately, he could be arrested. it is also possible that murder charges be filed."

reporter: "mr. editor, the police said that murder charges may be filed."

editor: "good. print it."



*the preceding was pure speculation*:D
 
The police will always investigate when someone is killed by someone else. It doesn't mean that the person defending his family and himself will be charged. In fact, it is highly unlikely unless there are circumstances that are discovered that lead the prosecutor to believe that it was not self defense.
 
Back
Top