Quote Originally Posted by foxtrot View Post
It's not that it wouldn't, it's just an area where you start to get closer to "interpretation". In some cases it still would unarguably. This circumstance sounded like he warned and immediately shot. But say a bunch of bangers roll up to your garage, doors open, as your under a car working on it, they walk in and say, "Hey home-slice, how about you give us your wallet or I'm going to kick this jack out" you shoot them in the ankle and the nuts from under the vehicle, that would be an easier MMD application. Though doors are open, they knew it was an illegal entry (trespass). You also have a reasonable belief of bodily injury, no matter how slight (vehicle landing on you is actually serious bodily injury).

The issue here with Mr. Druggy is they are going to argue he thought he was a block from his house and didn't know where he was (accidental). Already looks like they are pushing that direction in the article. Even though Mr. Druggy was most likely looking for shit to support his habit (door open or close).

That make sense?
Something more to chew on. They say he used to own a house close by. The defendant had just purchased the house he lived in. Whats to say that when the druggie came looking for stuff to steal that the previous owner had a lot of nice things in the garage and said druggie had no idea that the place had been sold and the new owner had firearms and was not the old lady schoolteacher he remembered living there.