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View Full Version : Homeowner charged with manslaughter for shooting at home invasion suspects



airbud7
01-31-2017, 04:26 PM
What yall think bout this?

David Allen Pettersen, 65, called police around 7 a.m. Saturday to report a possible burglary and shooting at his home in Fieldon Township, just south of Madelia. According to the charging documents, Pettersen told the dispatcher he fired his handgun at a gray car that was leaving his property after an attempted burglary.

A deputy responding to the call found the car 2 miles north of Pettersen's home, with three people inside. One of the passengers, 19-year-old Nicolas Thomas Embertson, had a gunshot wound and later died at Madelia Hospital.

Another passenger, 18-year-old Kyle Thomas Nason, had a broken ankle. He told police that he, Embertson and a third man -- 18-year-old Cornelius Ayers -- were at Pettersen's home to "case" it for a future burglary.

Nason said his friends gave him a boost onto the second-level deck of the home, and that he injured his ankle when making the 10-foot jump back down. He told police he heard two loud bangs as Embertson drove away from the home. As they were headed down the driveway, Embertson said, "I think I've been hit," before losing consciousness. Nason continued driving the car until they were stopped by the deputy responding to Petterson's 911 call.

Pettersen told investigators he was in bed when he heard someone trying to open a door to the deck. He saw the person jump from the deck and crawl toward a car, at which point he grabbed a .45 caliber handgun and tried to shoot the tires of the car. Pettersen said he was about 10 feet from the car when he fired two or three shots.

Pettersen was arrested and booked into the Watonwan County Jail. Monday morning, he was charged with second-degree manslaughter and reckless discharge of a firearm.

"The law does say a self-defense law, but what we've gathered so far, we feel we have enough to charge him with second-degree manslaughter," Watonwan County Chief Deputy Jeremy Nachreiner told KEYC-TV in Mankato.

Chicken Dinner
01-31-2017, 04:29 PM
I'd say the poor guy is screwed. Not sure how I feel about it. Mixed emotions I guess.

LJ3
01-31-2017, 04:48 PM
Fuckers got what they deserved but the homeowner done screwed up.

BarryBobPosthole
01-31-2017, 04:54 PM
Kind of hard to prove you were in danger when they were running away. I'm sure a lot of it had to do with the heat of the moment too. I'm not so sure I wouldn't have done the same in his shoes. That don't make it right according to the law though.

Then again, the death penalty is kind of steep for attempted burglary don't you think?

BKB

DeputyDog
01-31-2017, 05:00 PM
He's screwed. The self defense law won't apply because they were already in their car leaving the scene. They were no longer a threat to him. Hell, the police couldn't even get away with shooting at that car.

That being said, karma's a bitch.


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airbud7
01-31-2017, 05:03 PM
agree^...tough call/...what would a jury do is the thing? could you get all 12 to convict him?

DeputyDog
01-31-2017, 05:05 PM
Depends on if they go by emotion or the law the way it's written.


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Chicken Dinner
01-31-2017, 05:08 PM
The prosecution sure wouldn't want me on the jury...


agree^...tough call/...what would a jury do is the thing? could you get all 12 to convict him?

airbud7
01-31-2017, 05:17 PM
The prosecution sure wouldn't want me on the jury...

Amen Bro!

Big Muddy
01-31-2017, 05:52 PM
Mississippi's Castle Doctrine is one of the most explicit and home-owner-friendly in the nation...."in the immediate vicinity of the crime" seems to ring a bell....there are some gray areas of the event, but down here, the guy would prolly get a less serious charge.

(matter of fact, there might be "some remote" areas here, where he might receive keys to the city and a free steak supper.) ;););)

Arty
01-31-2017, 06:18 PM
He screwed the pooch.


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BarryBobPosthole
01-31-2017, 06:22 PM
Eddie we have a pretty strong law here too, we call it the Make My Day law. But we also have a pharmicist who broke up an armed robbery and shot and killed one of the robbers as he was running away. Shot him five times after he downed him. He's serving life. and the guy's partner who got killed also got first degree murder and is serving life without parole.
The DA pretty much went after everyone.
BKB

DeputyDog
01-31-2017, 06:50 PM
If the car had been driving towards him it might be a different story.

The Supreme Court decided on the "fleeing felon" thing way back in 1985 with Tennessee v Garner.


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Captain
01-31-2017, 07:00 PM
Tennessee bs Garner is exactly fitting in this case. I've sighted and taught that case my whole firearms instructing life. The home owner done screwed the pooch.
Sorry that he has but, but he has.

airbud7
01-31-2017, 07:11 PM
I would still plead N/G and take it to a jury and hope I get most of y'all in the pool....

All I would need is CD and I got a mistrial.

Big Muddy
01-31-2017, 07:29 PM
I'm sure there are lots of other evidence to come out, besides what was posted here....the general law-abiding public, both black and white, are sick and tired of these thieving bastages, breaking into their homes, and the prosecutors know that, and fear a jury decision....they'll offer a good plead deal on this one....jmho.

Big Muddy
01-31-2017, 07:43 PM
Just checked other news about this....dead perp was white....Peterson surrendered his weapon, and was released....after shots fired, vehicle stalled for 7-8 minutes, still in driveway, then other perp jumped in driver seat, and drove away....like I said, all is not as it seems.

Trav
01-31-2017, 09:18 PM
Barry, I think the issue with her he pharmacist was after shooting one of the perps he chased the other out of the store. He then came back and put a few more in the guy he had already shot that was laying on the ground.