The killing of an exchange-student prankster last month renewed the self-defense debate, specifically raising more criticism of the state of Montana’s “Castle Doctrine” laws. Derin Dede illegally entered Markus Kaarma’s partially-opened garage as part of a common “garage hopping” prank, and a motion sensor — installed by the residents after the two previous burglaries — was set off. The homeowner fired four shots into the dark.
Twenty-nine-year-old Kaarma of Missoula is free on $30,000 bond, charged with shooting the 17-year-old German student who illegally entered his garage. If convicted, Kaarma could face up to life in prison. The minimum term would be 10 years.
Was it Self Defense?
Many of us are wondering what ever happened to turning on the lights and saying, “Hey, kids, get out of here!” The family argues, however, that the home had already been broken into twice, leaving the parents of a 10-month-old child on edge.
Current Castle Doctrine allow civilians to defend themselves if in fear for their life or for injury, kidnapping, rape, etc. Previously, Montana residents were justified in using force only if an assailant tried to enter their home in a “violent, riotous or tumultuous manner.” The new law eliminates that language and makes it clear that residents can use force if they reasonably believe it is necessary to prevent an assault on themselves or someone else in the home.
The case is among many that raise concerns about these types of laws, the most prominent recent example being the George Zimmerman trial involving Florida’s Stand Your Ground laws. A few have already speculated, as with Zimmerman, that Kaarma lured the teen into his house by leaving the garage door slightly open with a purse sitting on a table in the garage.
Has Montana Gone Too Far?
In an interview with a German news agency, Mr. Dede’s father blamed what he called an American cowboy culture for his son’s death. In Mr. Dede’s hometown, Hamburg, hundreds of his stunned relatives, friends and soccer teammates attended memorials, holding photos of Mr. Dede and unfurling a banner that read, “Our brother is dying while America is looking on.”
In Montana, which has one of the country’s highest rates of gun ownership, the killing has renewed criticism of the state’s “castle doctrine” laws, which allow residents wider latitude to use force to defend their homes. State Representative Ellie Boldman Hill, a Democrat from Missoula, has proposed repealing the recent changes, saying that the rules have fostered a shoot-first culture in Montana.
“I’m a liberal legislator from Montana, and I have a handgun in my closet,” she said. “We are proud of our gun-owning tradition, but enough is enough. It’s like a license to kill. People are walking around exercising vigilante justice.”
Gary Marbut, president of the Montana Shooting Sports Association, says things are working just fine. In a state where police are often an hour away, Marbut maintains that “It’s just not going to work to change Montana to a Chicago-style culture.”
What Will Happen to Kaarma?
After two burglaries in the home of his young family, Kaarma could easily be found justified in shooting the German teen. However, it may take time to fight the charges of deliberate homicide; a hair dresser told police Kaarma had claimed to be waiting up to shoot kids, that he wanted to kill them, and that he would be on the news. Police also interviewed two residents who claim they got into altercations with Kaarma the day before the shooting, while driving in the neighborhood. One resident described Kaarma as potentially under the influence of drugs or alcohol and angry. Obviously reports like this won’t help Kaarma’s case, and many hope cases like this will be taken into account when it comes to future self-defense legislation.
33 comments
paul
I remember once ,I had just got out of the military and my uncle asked me to go with him up to a field and watch for someone slaughtering his cattle. nobody came that nite (but it wasn't long before it did happen again). we carried guns and had every intention of using them. I don't think either one of us thought we were doing wrong and I still don't! were we not baiting them with the cattle?we were definitely waiting for them! were they just pranking my uncle by stealing his calf?
Lona
Just found this article, but I had to comment even at this late date.
There are holes in Markus Kaarma's reasoning that they have been the subject of prior incidents yet their garage is "partially" open. Sounds like a trap.
But what if someone just had a wrong garage? What if it were an Alzheimer patient, disheveled, confused, or a person of diminished capacity?
Shame on him; they threw the book at him for good reason.
Victor Thiros
It's called turn on the light and hold em at gun point till officers arrive but no let's just kill em and devastate a famiy. Fucking Americans.
Daniel
Just for information, unlawful entry and burglary are not a prank they are two felonies
Daniel
If this kid had come into my home or garage with the intention of stealing I would have turned on the light then shot him right between the eyes.1 shot not 4 that is overkill and a waste of ammo but I would have also shot the american friend with him that entered the property also
Daniel
First off many of the comments are being made by people with only part of the story slanted at making guns the bad guy, secondly they are making assumptions about the homeowners state ofnmind,, yes there should be a full investigation,no the homeowner shouldnt be charged until that investigation is done.thirdly you all want to blame the guns not the person.i want to say any responsible gun owner knows to identify not only your target but what lays beyond it that could be hit, next the teenager did enter someones property without invitation (unlawful entry) he and his friends were found to be removing property from said garage (burglary) they didnt just take the socalled bait they took other items.we as a society can not judge what is in the mind of a victim as this homeowner was (he was not completely without guilt) but this man had a new born and a wife in the home which had already been burglarized twice.in his mind his family was living in fear that the next time one of his family might get hurt what would you do to protrect your child or wife or mother and for the man that said what would jesus do ? Let them take it no I doubt that in every bible it says a it says that jesus threw the money users and pharisees out of the house of GOd so even jesus would protect his own home quit with your pious rantings of what you THINK jesus would do because that is all your comment does it doesnt raise any type of relative question so it shows the anti guns nuts are the same ones beating all of us over the head with their beliefs trying to force everyone to think like they do (robot state wow that doesnt sound like the united states) now lets get into the GErman culture where this kid came from anyone that has spent any time in germany will tell. You the german police carry submachine guns not revolvers as our police carry and any violation of law in germany is met with swift and severe response so dont tell me the kid didnt know what he was doing was wrong
Gerald
Amy your point is valid had the shooter been a Christian he may not of have the need and urge to use his gun to kill someone. Had he not had a weapon the boy would still be alive today.
Kayla Simonson
I believe the home owner was completely within his rights. The man trespassed. In Europe 17 is the legal age to do everything. He came to our country and, prank or not, decided to act like a man. If my house had already been broken into twice previously, recently at that, and I had my child there I would ask no more questions. I would fire my 45 and stop whomever was inside my residence that shouldn't be there. If the police hadn't done anything to improve the watch on my street after 2 reports I would then consider that permission to protect myself. If you have been pushed to a point where deadly force is your answer then it is your right, and frankly your duty, to protect yourself and your family.
Amy
Did I miss something, Gerald? Did the article say anything about the shooter being a Christian? Or are you just stereotyping? I know a lot of gun owners who are not Chritians, and a lot of Christians who are not gun owners.
BMurray
Once you have elected to intentionally THREATEN anothers well being, you must be responsible for the unpredictible consequences. It's not the tesponsibility of the innocent to determine the intentions of the guilty. Also, if you are an opportunistic offender, that doesn'nt make me a "baiter".
Our country severely lacks responsibilty and discipline. Anyone who had been guilty of breaking into garages, or even walking off with someones kids, would say the were "just playing" if they were caught before they completed the offense. Bepart of the solution, not an excuse making contributor to the problem.
In short, for the idiots out there, "DON'T START NOTHING AND THERE WON' T BE NOTHING"
Mike
I would have put a few more into that idiot kid. Especially when it comes to my own 10 month old daughter. When you hear a person inside your house, you f*cking pull the trigger and ask questions later because chances are they're armed too. I'm not going to be like "hey, who's there, shoot me first". Idiots.
mike
Thanks Mr. Karma. One less thug.
tee
Don't take anything that doesn't belong to you!
GareBare57
Moral of the story......stay off and out of other people's property.
Jeremiah
Some people don't have extensive military training, like some of us do. All they have is a gun and a fundamental right to protect themselves. If "spray and pray" is all they know to protect themselves, you can't fault them for that. It all would have been avoided if the kid didn't break into their home. Plain and simple.
Mt
I am from MT. What this article fails to divulge is that the student was robbing him not just 'pranking him.' Him and his buddies stole numerous items from his garage. Correct me if I am wrong but shouldn't everyone have the right to protect their family from burglars from entering your home property and stealing while your wife and children are sleeping in the next room? Pranking is knocking on a door and running away, entering another man's home and committing a felony bugulary is quite another.
Kevin
I agree with the law...but, one still has to use common sense. Did he feel threatened with someone in the garage? Was and basic warning given? "I called the Police", etc. I fully believe the law should stand but when this incident occurs it still should be investigated. Firing shots in the dark leads me to think he wasn't being threatened because he didn't know where threat was...but that alone goes against everything I was taught about gun ownership. Know your target!
cpl of marines
He fired into the dark with out checking. If he would have taken a class he would have known what to do and not do. His life was not in danger or that of his family. When you sit in the dark and wait than fire blind it is not self defence it is first degree murder and should be tried as such. Yes I carry for I have a Ccw and have taken classes.
dodat
wow sounds like the same story they just had in sacramento ca a couple weeks ago. two teens shot and killed after burgerlizing the same place for the third time. And the kids parent wants to blame the home owners. the kids were in the house for christ sake.
Scott Bremer
I have absolutely no problem with the homeowner's actions. That kid would have encountered the same response at my house.
rick
The homeowner should be charged just cause you hear a noise in your garage doesn't give you the right to spray and pray Get eyes on target first assess the threat then take action period
Lee Jenkins
Stand Your Ground wasn't relevant in the Zimmerman case as it was never invoked by the defense and Castle Doctrine isn't relevant in this case since Kaarma didn't have a reasonable fear for his life, which is why he was arrested and charged. So how does this incident raise criticism of a law that doesn't apply?
Miguel
I totally agree dan, why should people have to wait for a life threatening event to occur for a victim to use deadly force in self defense. Maybe risk of dying needs to be a reason not to rob people. Police officers don't wait for a gun to be pulled and fired, they see u reach anywhere and they don't wait, they shoot to kill right away.
John
What is this "common" prank that involves young people running around breaking into other peoples' garages? There is a more "common" term for that behavior---burglary. The young man's father can try to blame his son's death on our "cowboy culture" all he wants, but if he had taught his son that breaking into someone's house, garage, whatever, was wrong, his son would still be alive.
day
Absent knowledge of the state statute. The most fundamental reason the property owners are being held is because the punishment should fit the crimse. Effectively all the young man did was trespass. Not a crime punishable by death.
Ken
This is a case that needs to be decided by a jury. There is no need to start changing laws. As with so many liberal articles, the propaganda is in the omission here. In my youth "garage hopping" was the act of hopping roof to roof---remaining on the outside of the building. Entering is a different story. Entering to steal a purse even more so. Like Zimmerman/Martin, there is more to the story, being left out for anti-gun spin.
Larry whitehead
The home owner,staged a wrongful entry to his home.he didn't break in he was lured in as bait,just like fishing you bait the hook an the fish will bite,HE wAS WRONG an he shouldn't walk free.on the otherhand the young man really had no business on his property,but there is no degree of death,"dead is dead"an the home owner is a MURDERER,the deceased was in his open garage,so the occupants was not an a life threatening way,again him an his companion are both killers.
Adam
Lured him in??? He has no business in the mans garage no mater what. Unless the guy had a sign out that said come into my garage the boy had no business being there.
Joe
The teen entered property illegally, if it's not your property, you shouldn't be there. Unfortunately, it's the teens own foolish fault, not the home owners.
DougH2
You shouldn't have a right to kill someone just because they are breaking the law. Your life should be in danger before you take a life.
That should be each and every person's moral self limit. Life is precious. It's worth more than stuff someone might steal.
Gerald
You ask why he is being charged? He fired four shots into his garage without knowing who was in there. It could have been a family member or a neighbor or just a prank. For all those religious gun owning christians who support Kaarma...what would Jesus do in this situation? shoot first or say take what you want? That is what it comes down too.
barron
Youre an idiot... its true, people think its just okay to start shooting when really... ya its wrong for someone to trespass in another persons garage, but to lose your life for it... think dude... you cant just say "well, he got what he deserved". Youre whats wrong with this country. I am very pro-firearm. I hate the fact that they are trying to pass laws banning the firearms I love. But trigger happy fucks are ruining it for everyone cuz they cant show responsibility and control.
Dan
I don't understand why the home owner is being charged at all!! If the German teen hasn't illegally entered the garage(his castle), he'd still be alive today or in jail having commited less deadly crimes. Just doesnt make sense to me.