MISSOULA, Mont. — Markus Kaarma, a 30-year-old Montana man, was convicted of deliberate homicide for shooting Diren Dede, a 17-year-old German exchange student caught trespassing in his garage. Kaarma's attorneys unsuccessfully argued his actions were justified by a state law allowing the use of deadly force if a person reasonably fears for his or her safety or their property. Some key legal issues raised by the case:
Q: What was Kaarma's defense?
A: Markus Kaarma's defense attorney invoked Montana law allowing people to use deadly force to defend their property — a centuries-old concept known as "the Castle Doctrine." That law was expanded in 2009 to allow the use of force even in cases that don't involve violent entry.
Q: What did Kaarma do that led to his trial?
A: Kaarma killed Dede after the youth entered his garage unannounced in the early morning of April 27. Kaarma had told witnesses he was frustrated with burglars and was laying a trap for one. That night, he left the garage door ajar, a purse visible and waited inside with a shotgun.
Q: Is that sort of behavior allowed under the Castle Doctrine?
A: Not necessarily, which is why Kaarma was convicted. He had to demonstrate he was reasonably fearful for his safety. A jury concluded he was not. In a similar case, a Minnesota man was convicted in May of lying in wait in his basement for two teenagers and killing them during a break-in.
Q: Do other states have these laws?
