There are numerous lawsuits filed against home invaders becoming the victim!
And, the laws vary by state. If you think every self defense shooting goes without the possibility for consequnces, that's really not in this days reality. Here's a single example:
"The widow of David W. Park, an Albany teacher who was shot and killed as an intruder in an Amherst home, has filed a wrongful death lawsuit against the homeowner who pulled the trigger.
The lawsuit accuses David D'Amico of the "willful, intentional, malicious" slaying of Park, and acting "without just cause [or] provocation."
Deanna Ripstein, Park's widow, filed the State Supreme Court lawsuit eight months after an Erie County grand jury -- following an extensive Amherst Police investigation -- decided not to file criminal charges against D'Amico.
In a case that police called bizarre, puzzling and tragic, D'Amico shot the 31-year-old Park early March 28.
The two men did not know each other. D'Amico told police that he shot Park after Park illegally entered D'Amico's home on Millbrook Court and refused to leave despite D'Amico's warnings that he was armed and would shoot.
Park, who was intoxicated, according to prosecutors, had gone into D'Amico's home after leaving a party next door.
Although no criminal charges were filed, attorneys for the Park family allege under civil law that D'Amico was negligent and acted wrongfully by killing Park.
"[The incident] occurred as a result of the fault, negligence and carelessness of D'Amico, without any negligence on the part of Park contributing thereto," attorney David H. Elibol said in court papers.
The lawsuit, which was filed earlier this month and obtained Friday by The Buffalo News, did not request specific monetary damages.
Thomas H. Burton, D'Amico's attorney, said he was outraged by some of the allegations in the lawsuit.
"Making an allegation like that is like a drunk driver, driving on the wrong side of the road, blaming the sober driver he hit for a collision," Burton said in an interview late Friday.
"These tragic events were set into motion entirely by the actions of David Park. They were not set into motion by Mr. D'Amico and his wife, being sound asleep in their bed when an intruder broke into their home in the middle of the night."
Elibol noted that, in a civil trial, the legal standards and the burdens of proof are different than those of a criminal case.
"We've had an opportunity to review the investigation conducted by the Amherst Police. At this point, David Park's wife and family have more questions than answers about the events that led to David's tragic death," Elibol said.
"This is a case that people will have strong feelings about one way or the other, but people need to keep in mind that David wasn't a criminal. David was an award-winning elementary school teacher whose life was cut short," he said.
Police never were able to determine why Park entered the home at about 1:30 a.m. He had been attending a party at the house next door.
Authorities said D'Amico had dialed 911 and was waiting for police to arrive when the shooting occurred. From the top of a stairway leading to his bedroom, he fired at Park at the bottom of the stairs.
According to Burton, D'Amico was fearful because Park -- despite loud, repeated warnings -- walked "all the way through the house and kept advancing toward the stairway."
D'Amico shot Park because he feared that Park was about to walk up the stairs and try to harm D'Amico and his wife, Julie.
Police said a blood test determined that Park's blood-alcohol content was 0.18, more than twice the level needed to charge a motorist in this state with driving while intoxicated.
"If Park was drunk and out of control, it justifies my client's actions," Burton said. "If Park was not drunk, it suggests something much more sinister was going on when Park went into the D'Amico home, and why he refused to leave."
Police never determined why Park left the party, why he went into the D'Amico home or why he never heeded D'Amico's request to leave the home, Erie County District Attorney Frank A. Sedita III said.
"You could still classify that as a mystery," Sedita said Friday.
Elibol declined to comment when asked if Park's family ever learned why Park went into the D'Amico home.
Police determined that Park entered the D'Amico home through an unlocked rear door. The D'Amicos had gone to bed at about 10 p.m. thinking the door was locked, Burton said.
The D'Amicos and Deanna Ripstein, who lives in Rensselaer, where she used to live with Park, declined through their attorneys to be interviewed on Friday.
Ripstein grew up in Amherst and still has friends and family members in Western New York. After the shooting, officials of the Albany public school system described Park as a teacher who won a number of awards and was beloved by students and co-workers.
"We're not dealing with a street thug or a criminal here," Elibol said. "David Park was a teacher and a family man, and he should not have died that night."
Burton and Elibol did agree on one thing Friday -- that the shooting was a painful event for all involved.
"Obviously, this was a tremendous tragedy for David Park's family, but it has caused a lot of suffering for the D'Amicos as well," Burton said.
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The drunk intruder is the victim here.....I just hope it deosnt happen to any viewers or readers here....
This is the 2010s
Note the word malicious. This is the very things I am talking about.
If you can be sued, you will be sued. It's today's fact of life. While I don't agree, I don't accept that self defense shootings, whether deemed legal, justified or not, adding in the "high powered", or "frangible projectiles" or any other factors are going to help you in your defense.