Ahh, family time. It doesn’t get much warmer than this. A father and his son were at home last night in Erie County, NY when they heard a noise outside. Upon investigation, they found 18-year-old Jacob Rappleye and 22-year-old Anthony Guarino inside the home after breaking in via a 2nd story window by using a ladder.
As the homeowner and his son are gun owners, they naturally grabbed their firearms and held the two young intruders at gunpoint until police arrived.
Apparently unarmed themselves, the pair are charged with attempted burglary, criminal mischief, and unlawful possession of marijuana.
As New York State is a Castle Doctrine State, these two men are lucky that they broke into the home that they did. Under law, the homeowners could have justified the use of deadly force.
New York’s Castle Doctrine laws come from a justification statute that has been in place since 1968. The statute allows a person, after making a reasonable judgment, to use deadly force against an intruder who also uses deadly force. Under the law, if you are in your own home and you did not initiate the violent behavior, you are not required to retreat from an armed intruder if you cannot do so safely.
In addition, the statute allows deadly force to be used in the home if defending against kidnapping, rape, robbery, burglary or arson.
Hopefully they will change their ways, as they may not be so lucky next time.