http://www.myfoxtwincities.com/myfox/pages/News/Detail?contentId=1764347&version=2&locale=EN-US&layoutCode=TSTY&pageId=3.2.1
The Wright County Sheriff's Office says the preliminary investigation indicates the man entered the home of a 21-year-old woman and was shot by her 30-year-old male acquaintance.
It turns out that the intruder was the woman's ex-boyfriend:
The Wright County Sheriff's Office said the preliminary investigation indicates 35-year-old Erik Richter entered the home of 21-year-old Samantha Simons, his ex-girlfriend and mother of his child, and was shot. Simons' new boyfriend, 30-year-old Eric Cegon, pulled the trigger.
As this self-defense blog details, Richter was due back in court later that day to answer to charges that he had violated a no contact order held against him by his ex-wife. He very possibly was facing more jail time for threats he had made against her.
He entered the home with a .45 caliber handgun and leg irons and handcuggs (presumably) to restrain them and the woman's new boyfriend, Cegon, defended them by shooting Richter with a shotgun. The Wright County prosecutor, Thomas Kelly, decided not to press charges against the Cegon.
It's sad, the spin in this story is that the prosecutor was unable to prove that Cegon was not justified in using deadly force. First he states pretty clearly some of the major criteria required to justify self defense:
"Did Cegon have an honest and reasonable belief that he or Simons were in imminent jeopardy of great bodily harm or death? Yes," said Kelly in a press statement. "Was Cegon's use of deadly force necessary to avert great bodily harm or death? Yes.But then disappoints with this:
"In this case, the state has the burden to prove beyond a reasonable doubt that Cegon was not justified in using deadly force," he continued. "Based upon the facts, I am unable to meet that burden and therefore no criminal charges will be filed against Cegon."It sounds a little like, deep in his heart he wanted to prosecute Cegon...for defending himself and those around him!
