Lawyer: Conn. father who shot masked son 'in state of anguish'

A Connecticut father who fatally shot what he thought was a masked prowler outside his home only to discover it was his 15-year-old boy is “in a state of anguish,” his lawyer said on Monday.

“It is a very emotional time,” attorney Gene Zingaro told NBC News. “The family is left asking so many questions that will go unanswered forever. There will never be a satisfactory answer. The father and the whole family are utterly devastated. The father is in a state of anguish.”


"The family has been broken in half by this tragedy,” Zingaro said.

Zingaro said he spent time with the Giuliano family Sunday during a memorial service for Terry Giuliano, who was shot to death Thursday outside his family’s house in New Fairfield, a town just north of Danbury.

Zingaro said details of the evening have left Terry’s father, Jeffrey Giuliano, inconsolable and physically ill.

Jeffrey Giuliano went outside with a gun around 1 a.m. after his sister called him to say someone was trying to break into her house next door. When he went outside, Giuliano saw a knife-wielding man wearing a black ski mask. The masked figure approached him in a threatening manner, police said. Giulano fired a single shot, killing the purported prowler.

It was only hours later that Jeffrey Giuliano learned that the slain suspect was his adopted son, causing him to weep and vomit at the scene.

"He was in disbelief and a state of shock," Zingaro told NBC News.

Zingaro said Jeffrey Giuliano, a popular fifth-grade elementary teacher, will not face criminal charges.

“It is my belief that it will be termed an accidental shooting, and he will not face charges,” Zingaro said.

State police say they are continuing to investigate. No charges have been filed.

Zingaro said Giuliano and his wife adopted Tyler and his sister about four years ago.

"It's a tragic loss that cannot be measured,” Zingaro said.

More content from NBCNews.com:

Follow US News from NBCNews.com on Twitter and Facebook

More content from NBCNews.com:

Follow US News from NBCNews.com on Twitter and Facebook

 

Discuss this post

Jump to discussion page: 1 2 3 ... 5
Comment author avatarRicci-RicciExpand Comment Comment collapsed by the community

STAND YOUR GROUND!! gun happy American idiots receive ZERO sympathy from me.

  • 39 votes
#1 - Mon Oct 1, 2012 7:20 PM EDT

So if someone is threatening your family all you would do is nothing. If you are a victin of a home invasion you would get down on your knees and beg like a coward. Is that what you are saying? I can hear you now "Please take my wife and don't hurt me" Disgusting.

  • 40 votes
#1.1 - Mon Oct 1, 2012 7:26 PM EDT

I would call the police. I would not kill anyone. It is unfortunate that the man shot his son. However, what if he had killed someone else? Would that have been better somehow?

  • 35 votes
#1.2 - Mon Oct 1, 2012 7:38 PM EDT

@ Dr

Yes that's exactly what he's saying... in your mind

  • 14 votes
#1.3 - Mon Oct 1, 2012 7:39 PM EDT
Comment author avatarb duneExpand Comment Comment collapsed by the community

what's the downside of having someone taking your wife?

  • 10 votes
#1.4 - Mon Oct 1, 2012 7:40 PM EDT

STAND YOUR GROUND!! gun happy American idiots receive ZERO sympathy from me.

This kid was up to no good. I doubt he was pulling a prank because he played Dungeons and Dragons.

  • 17 votes
#1.5 - Mon Oct 1, 2012 7:43 PM EDT

ask questions first... shoot later. Taking someone's life, even one who is breaking into your house, should always be the last resort... not the first.

  • 18 votes
#1.6 - Mon Oct 1, 2012 7:47 PM EDT

here's a story: 2 weeks ago, 3 ethnic men showed up on my deck at 3 am. My first response was to ask them what they were doing... not to grab the gun out of my safe and shoot. Turns out they were ahead of a group of people, quietly on their way to their friend's house, who lived next door to me. The three on my deck had never been to the house before and had gotten confused about which house, with the deck, they were looking for.

Body count: 0

  • 54 votes
#1.7 - Mon Oct 1, 2012 7:54 PM EDT

Look at Dr's avatar. What other kind of mentality do you expect?

  • 10 votes
#1.8 - Mon Oct 1, 2012 8:12 PM EDT

This is a sad situation but one has to ask why was the kid out at 1 am with a mask on his face and a knife in his hand? Certainly the father could have said "stop or I'll shoot" but still why was the kid in that situation at 1 in the morning? It's too early for Halloween. The kid was up to nothing good yet I don't believe he should die for it. The father had a gun so all he had to do was warn the "intruder" before firing a shot. At least that's what I would have done. If the "intruder" charges then shoot.

I have a CCW permit but before I got in that situation I would have a cell phone in one hand talking to a 911 dispatcher and a gun in the other. If the man runs away let him go...if he charges then send him to his maker. Cover your a$$....don't leave him alive to sue you later.

  • 15 votes
#1.9 - Mon Oct 1, 2012 8:19 PM EDT
Comment author avatarVince-545056Expand Comment Comment collapsed by the community

I'm glad he is in a state of anguish. That's what he gets for being a gun-toting Second Amendment wacko. If you own a gun statistics show that you are MUCH more likely to accidentally shoot a family member or loved one than you are to shoot an intruder. Now I hope they prosecute him and send him to prison for a very long time. I hate guns and have no respect for gun owners. The only people who need to own a weapon are members of law enforcement and the military. PERIOD.

  • 18 votes
#1.10 - Mon Oct 1, 2012 8:41 PM EDT
Comment author avatarM-553496Expand Comment Comment collapsed by the community

I'm with you. Gun-crazy Americans make this a very dangerous country. Yes I'm American and Yes I have lived overseas and can compare the difference - whereas others who have never been anywhere else are clueless that it doesn't have to be this bad.

  • 21 votes
#1.11 - Mon Oct 1, 2012 8:42 PM EDT

The hoplophobes have spoken, lol.

  • 4 votes
#1.12 - Mon Oct 1, 2012 9:05 PM EDT

It's not a fear of guns, it's a fear of the number of untrained paranoid idiots who feel the need to own them.

  • 32 votes
#1.13 - Mon Oct 1, 2012 9:13 PM EDT

It used to bother me when there was another shooting, but I've gotten over it all. You want guns? Get all you want. Hell, use them in theaters, in the dark, at schools, at VFW meetings etc. They have 1 single purpose and they are being used for that purpose - to kill people (and sometimes animals!). But seriously, I can feel NO PITY. You used the gun properly and you are certainly allowed to own it. Well done. You are now a true American. And God Bless the 2nd Amendment.

  • 12 votes
#1.14 - Mon Oct 1, 2012 9:33 PM EDT

Something about how this whole story is morphing does NOT add up.

I read about this the day it happened. I went to multiple sites and sources. I watched videos from the news stations.

1. Neighbors heard what sounded like firecrackers. Counted 9 shots. Now the story says single shot. BS

2. Sister said that she saw someone out in driveway and that she was afraid that he might be there to break in. Now he tried to break in. BS

3. Dad stated that he saw a shiny object in persons hand ( phone? ). Now it was definitely a knife and he and he approached him in a threatening manner. BS

I smell coaching and a cover up for a dad that flat out screwed up, shot first, and now has his attorney and the small town police covering this tragic accident.

“in a state of anguish,”

I wonder why? My gut tells me guilt.

  • 19 votes
#1.15 - Mon Oct 1, 2012 10:15 PM EDT
Comment author avatarbob-1468349Expand Comment Comment collapsed by the community

My instinct told me the same thing. An overzealous guy who shoots first and asks questions later.

  • 13 votes
#1.16 - Mon Oct 1, 2012 10:20 PM EDT

What a tragedy. Prayers to the family. I am sure sorrow and guilt play a part here. But what is worse, is the "why" to answers they will never have. Horrible way to finish out life.

I was always curious about the adoption of these two kids and how they came to adopt them 4 years earlier. Wonder about their background. One never knows.

Either way, RIP Terry.

  • 2 votes
#1.17 - Mon Oct 1, 2012 10:24 PM EDT

Jeff N.-1053549 & Renee

I reacted the same way. Something not right about it at all. I think there's something even weirder going on than we are supposing. There's something really "set up" about it all.

  • 8 votes
#1.18 - Mon Oct 1, 2012 10:33 PM EDT

ask questions first... shoot later. Taking someone's life, even one who is breaking into your house, should always be the last resort... not the first.

Let's see, someone carrying a gun comes up to you. You say "Sir what are you doing with that gun?" BAM!. You ask; NOTHING, your dead. You wasted too much time.

Now a man walks up to you with a knife in his hand, he's wearing a mask and is threatening you. WTF are you going to ask him? "Sir are you going to hurt me?" or more likely you're going to be saying "Please don't hurt me.... Please don't hurt me..... Please don't hurt me..."

here's a story: 2 weeks ago, 3 ethnic men showed up on my deck at 3 am. My first response was to ask them what they were doing... not to grab the gun out of my safe and shoot. Turns out they were ahead of a group of people, quietly on their way to their friend's house, who lived next door to me. The three on my deck had never been to the house before and had gotten confused about which house, with the deck, they were looking for.

So were any of these guys wearing masks, holding knifes and approaching you in a threatening manner? No? Hum, seems to be apples and oranges then. There's a vast difference in threat level between a group of people calmly walking up to your door and someone wearing a mask with a knife in his had approaching you in an aggressive manner.

I applaud your bravery for answering the door....

  • 8 votes
#1.19 - Mon Oct 1, 2012 11:12 PM EDT

The lefties have established hoodies as ok. Now we're on to sporting knives and masks, and they seem to be cool with that too.

While some may challenge his being outside, immediately protecting his next-door sister is a reasonable act. He was dealt a horrible hand.

  • 8 votes
#1.20 - Mon Oct 1, 2012 11:27 PM EDT

Dr. Knowalittle

So if someone is threatening your family all you would do is nothing. If you are a victin of a home invasion you would get down on your knees and beg like a coward. Is that what you are saying? I can hear you now "Please take my wife and don't hurt me" Disgusting.

Typical gun guy response. Defend any moron who is "standing his ground." Rant about the "home invasion" as if it is the greatest possible threat to America. Fail to recognize that any fool with a gun has the responsibility to really understand that someone's life really must be in danger before it is reasonable to use deadly force.

No doubt about it. As more people choose to exercise their second amendment rights, more fools will endanger the rest of us with weapons they have the right to own but fail to take the responsibility of rational gun ownership and responsible gun use.

  • 12 votes
#1.21 - Tue Oct 2, 2012 12:52 AM EDT

The libtards sure don't like to waste a tragic event as an opportunity to push their anti-Constitutional agneda.

  • 9 votes
#1.22 - Tue Oct 2, 2012 1:11 AM EDT

FlatIron

I don't see anyone suggesting an anti-Constitutional agenda. I do, however, see comments from several rational people suggesting that lots of gun owners are far more interested in their rights than they are about their responsibilities.

  • 13 votes
#1.23 - Tue Oct 2, 2012 2:35 AM EDT

@don97524

Maybe you should read the comments again.

Vince-545056

I hate guns and have no respect for gun owners. The only people who need to own a weapon are members of law enforcement and the military. PERIOD.

That is pure statist drivel. These imbeciles have no respect for the Constitution or individual liberty.

  • 10 votes
#1.24 - Tue Oct 2, 2012 2:58 AM EDT

@FlatIron

The second amendment is not the entirety of the constitution. In addition the constitution was made to be able to be amended. The 21st amendment repealed the 18th for example.

That being said I support the 2nd amendment as well, but I respect others for having different beliefs. Maybe you should too.

  • 5 votes
#1.25 - Tue Oct 2, 2012 3:34 AM EDT

But that's just it, instead of amending the Constitution they're trying to pull a fast one by supporting draconian gun control laws in major cities and suburbs.

P.S. About respecting other people's views. Maybe you should tell that to the posters above who refer to gun owners as "gun happy American idiots".

  • 4 votes
#1.26 - Tue Oct 2, 2012 4:13 AM EDT

Someone comes at me with a knife they're getting shot. Doesn't matter who it is.

  • 11 votes
#1.27 - Tue Oct 2, 2012 5:22 AM EDT

@Flatiron

the name calling has to stop somewhere. It's very difficult to have a reasonable discussion with someone if you're demonizing them regardless of what your view is.

  • 3 votes
#1.28 - Tue Oct 2, 2012 6:17 AM EDT

I think many of you fail to actually read the article. He didn't just see the person and shoot him. The person was armed, and came at him. If that is in fact what happened, there was no "gun happy shoot first ask questions later' scenario here. So unless any of you were actually there to prove that that's NOT what happened, we can only go by the account we are given.

Also lets not lump everyone into the same category. I tend to lean towards the liberal side on most issues, however guns are not one of them.

  • 3 votes
#1.29 - Tue Oct 2, 2012 8:14 AM EDT

Don97524: "Rant about the "home invasion" as if it is the greatest possible threat to America." Tell that to the Connecticut doctor whose wife and two daughters were killed in a home invasion. I believe people have a right to a permit to own a gun that they can keep at home but not to carry a gun in the streets, whbich is a recipe for disaster. Imagine how many people who had a bad day would pull out a gun and shoot someone who cut them off on the highway. Human nature being what it is, people cannot be trusted to carry a gun in the streets. Protecting your family in your own home is an entirely different ballgame.

  • 1 vote
#1.30 - Tue Oct 2, 2012 8:44 AM EDT

I tell this story every time I read these kinds of articles. I was home with my daughter who was 3 at the time and a man broke into my house. He tied me up in my room (thank God because thats where my gun was) he began to gather MY things and tell me that he was going to kill me because I had seen his face. He taunted me constantly and kept touching my daughter. Finally he went to move my things outside and I managed to get my hands free and get my gun. AND I SHOT HIS A.S.S! Period. No regrets, No feeling bad about taking his life. Had I not had my gun, my daughter and I would probably not be here so I make no apologies for my gun ownership.

  • 3 votes
#1.31 - Tue Oct 2, 2012 10:48 AM EDT

Glad you and daughter okay.

    #1.32 - Tue Oct 2, 2012 12:29 PM EDT

    Basil

    In spite of all of the ranting by the NRA-inspired low information posters, armed home invasions are a relatively rare occurrence in the United States. The NRA statistics invariably include unarmed home burglaries and other similar events as "home invasions" in order to drive the fear that, in turn, drives untrained, irrational, overly fearful citizens to buy guns and shoot without adequate justification. Gun owners are far more likely to be killed by someone who lives in their own household with the gun they intended for protection than they are to stop a home invasion. Meanwhile, the unnecessary deaths from failure to recognize a true home invasion increase.

    The case involving the Connecticut doctor is tragic, but equally tragic is the number of innocent people killed because people over-react to isolated incidents by arming themselves with guns they do not use responsibly.

    • 3 votes
    #1.33 - Tue Oct 2, 2012 1:30 PM EDT

    @don

    Gun owners are far more likely to be killed by someone who lives in their own household with the gun they intended for protection than they are to stop a home invasion.

    This may be true when considering all gun owners as a whole, but I don't think that because there are irresponsible gun owners out there who "shoot first, ask questions later" that someone should not be able to have the means to defend themselves. I think it would be reasonable to have stricter licensing laws for people to own firearms like taking a firearms safety class before being able to purchase a firearm.

    • 1 vote
    #1.34 - Tue Oct 2, 2012 5:09 PM EDT

    Dust

    I think you are right on. Why should gun ownership, especially ownership of a hand gun or automatic (non-hunting) type weapon not have a prerequisite of training, particularly training to determine that the gun owner understands when (and when not to) fire that weapon. I am not against gun ownership. I am against gun owners who are all about their rights and care little about their responsibilities.

    The "shoot first" gun owners are out there, however, and you need only to read some of these blogs to identify irresponsible gun owners who threaten that anyone who comes on their property without permission is risking their life. Too bad for someone who gets lost or makes an honest mistake. This story is an example of what happens when people fire their weapon before it is clear that a danger even exists.

    • 2 votes
    #1.35 - Tue Oct 2, 2012 7:09 PM EDT
    Reply

    An adopted kid. Sad, but I wonder if life before his adoption may be the cause? I'm sure his adoptive parents gave him as much love as possible. But some scars go too deep. Hopefully his history wasn't a mystery to his parents. So very sad. My thoughts are with his family.

    • 11 votes
    #2 - Mon Oct 1, 2012 7:26 PM EDT
    Comment author avatarThe ScalesExpand Comment Comment collapsed by the community

    This should make all the gun-toten folk relieved they have a gun handy to defend themselves. It would be interesting how many are innocents are killed vs real criminals in this scenario.

    • 11 votes
    #2.1 - Mon Oct 1, 2012 10:24 PM EDT

    Ski mask, knife, trying to break into someone's house. Doesn't sound very innocent to me.

    • 28 votes
    #2.2 - Mon Oct 1, 2012 11:09 PM EDT

    The Scales - Really? That's what you've got? Well... let's see... still far fewer innocents compared with those killed by cars. Do we really want to start with this ignorant banter?

    • 13 votes
    #2.3 - Mon Oct 1, 2012 11:19 PM EDT

    Hey scales

    As far as anyone knows the kids certainly was NOT innocent, he was performing an illegal act and who knows, maybe he would have killed the father just to get away...

    • 10 votes
    #2.4 - Mon Oct 1, 2012 11:40 PM EDT
    Comment author avatarJeff N.-1053549Expand Comment Comment collapsed by the community

    Something about how this whole story is morphing does NOT add up.

    I read about this the day it happened. I went to multiple sites and sources. I watched videos from the news stations.

    1. Neighbors heard what sounded like firecrackers. Counted 9 shots. Now the story says single shot. BS

    2. Sister said that she saw someone out in driveway and that she was afraid that he might be there to break in. Now he tried to break in. BS

    3. Dad stated that he saw a shiny object in persons hand ( phone? ). Now it was definitely a knife and he and he approached him in a threatening manner. BS

    I smell coaching and a cover up for a dad that flat out screwed up, shot first, and now has his attorney and the small town police covering this tragic accident.

    “in a state of anguish,”

    I wonder why? My gut tells me guilt.

    • 8 votes
    #2.5 - Mon Oct 1, 2012 11:50 PM EDT

    This thing sounds weird to me.......I am sure more info will come to light......but I am so glad guns don't kill people.

    • 10 votes
    #2.6 - Mon Oct 1, 2012 11:51 PM EDT

    It would be interesting how many are innocents are killed vs real criminals in this scenario.

    Pretty stupid remark from your pie-hole Scales! A simpleton can see how tragic this was for the adopted father by reading his reaction after the shooting. Most crazy "gun totting" owners don't shoot children that I read about. I would think that killing a child usually brings a nauseating reaction such as vomiting after the shooting. Especially if it was your own kid, adopted or not.

    • 4 votes
    #2.7 - Tue Oct 2, 2012 12:27 AM EDT

    rocco....nothing was said about him calling out to the "intruder"......it just doesn't add up.

    • 3 votes
    #2.8 - Tue Oct 2, 2012 1:30 AM EDT

    Even with a CCW. I never leave my bed with a weapon without checking all of my family first.

    Know your target. I'm sorry for his loss. Heartbreaking. I hope he finds peace in time.

    My best thoughts to him and family.

    • 3 votes
    #2.9 - Tue Oct 2, 2012 2:28 AM EDT

    Maybe he thought it was "The Situation" from Jersey Shore in some kind of joke/spoof like those crazy kids are known to do these days.

    those adorable kids...and guns!

    Maybe it was 'suicide by dad'?

    • 1 vote
    #2.10 - Tue Oct 2, 2012 2:37 AM EDT

    great theory, now explain why they would need to make their own son out to be a criminal in order to beef up what the police would most likely call an accidiental shooting regardless? Lay off the CSI for awhile it's fiction you know.

    • 4 votes
    #2.11 - Tue Oct 2, 2012 3:04 AM EDT

    The one thing I don't understand is after all the commotion he never thought to take a head check? Before going to bed I always peak into my kids' rooms to make sure they're in bed and sleeping. After something like that I'd want to give them all a hug and make sure they're alright. To find out it was his son hours later... well it just seems odd to me. Not suggestion some conspiracy, but just odd.

    • 5 votes
    #2.12 - Tue Oct 2, 2012 3:18 AM EDT

    There's something not right with this story, altho I suppose horrible situations are sometimes not easy to figure out. Why did the sister next door not call the police? Did she suspect this was her adopted nephew and that's why she called her brother? Has the young man caused trouble previously? Did he have emotional and/or drug problems? Was the dad on his sister's property when he did the shooting? Or was the son in his own yard? Why didn't the brother call the police before he went outside? Did he suspect this was his son, too? If yes, why did he take the gun? Why didn't both adults just stay inside with the gun at the ready?

    This is a small town (14,000) with very wealthy white people, mostly families, no poor people, bars, etc. (I apologize in advance for the inference here.) How busy or far away could the cops have been that they wouldn't have come immediately if called? I'll bet there's more to this story.

    • 7 votes
    #2.13 - Tue Oct 2, 2012 3:37 AM EDT

    What I don't understand is why the sister didn't call the POLICE instead of her armed brother. This may have turned out completely different.....

    • 9 votes
    #2.14 - Tue Oct 2, 2012 4:23 AM EDT

    Seriously? You people say, "why didn't she call the police?" Duhhhh, her brother is packing and lives next door. If I had a family member capable of defending me next door, why would I call the police who are 10-15 minutes away? THAT would be stupid. Someone was breaking into her house at that very moment. At that moment, seconds count.

    The kid was scum...sorry. He is not some sweet innocent child. He's scum. The father did what needed to be done. He's in a lot of pain, but the kid put himself in the situation.

    It's time to quit feeling sorry for thugs and criminals. This is not the sister's fault. This is not the father's fault. This is 100% the kids fault. The moment he got the mask, the knife, and left his house, the kid got what he asked for.

    • 12 votes
    #2.15 - Tue Oct 2, 2012 5:35 AM EDT

    Jeff - It doesn't occur to you that as the incident is, you know, investigated, that more information becomes available and the story, as you put it "morphs". Exactly what do you think is the point of an investigation but to uncover additional facts?

    "reasonable in MD" - perhaps he did do a "head check" at 11pm when everyone went to bed. The sister called at 1am. Maybe the kid got up after daddy went to bed. If I was going to try and rob the house next door, I think I'd pretend to go to bed then sneak out of the house. Think a little deeper.

    • 6 votes
    #2.16 - Tue Oct 2, 2012 6:21 AM EDT

    First off, for all those Monday morning quarterbacks, please think before you post your drivel. How do you know that the sister did not call the police as well?!?! If you have someone next door that you know can come to your aid in a potentially dangerous situation are you really not going to call them and just sit there and wait the ten or fifteen minutes for the police to show up like a good little victim. If you do, the odds are the only thing the police will be doing is making the chalk outline and picking up the your body. The kid was outside at night prowling around his aunt's house dressed all in black and carrying a knife, do you really think he was an innocent kid. When this kid was confronted by the father, who he no doubt recognized, the kid proceeded to come at the father with the knife. Had the father waited to try and ask what this person was doing before he fired he likely would have been stabbed and never even gotten the chance to fire. A person with a knife coming at someone with a gun can cover a distance of seventeen feet in the time it takes the person with the gun to aim and fire. Taking additional time to stop and ask what the person is doing would only increase this distance. For those who ask about why he did not check on his family after the shooting I would say how do you know what was going through his mind. He may very well have been in shock himself knowing that he has just shot someone. People in shock do not always react in a logical, predictable manner. Also, how do you know that the cops did not arrive soon after the shooting and keep him outside with them and not let him go back in the house. I would doubt that police would let the shooter out of their sight while they are in the process of determining what happened. And of course the police would not have touched the body until the medical examiner got there, so there was likely a long delay in removing the kid's mask. This was a very tragic event and for all of you to be sitting there second guessing this guy's actions is a little presumptuous. As the saying goes, hindsight is 20/20. None of you know how you would have reacted or what you would have done unless you have actually been in this same situation.

    • 15 votes
    #2.17 - Tue Oct 2, 2012 6:42 AM EDT

    "great theory, now explain why they would need to make their own son out to be a criminal in order to beef up what the police would most likely call an accidiental shooting regardless? Lay off the CSI for awhile it's fiction you know." -leftrightcenter

    Maybe because the father could be charged with something more serious like reckless endangerment.

    • 1 vote
    #2.18 - Tue Oct 2, 2012 8:28 AM EDT

    This father should be carefully and continuously monitored for stress cardiomyopathy - his health is in real danger. The kid sounds like he was either up to some serious criminal activity, or playing some really stupid game. I have to wonder if he was high on something. I also have to wonder if there were any other kids involved that haven't come to light yet.

    • 2 votes
    #2.19 - Tue Oct 2, 2012 9:23 AM EDT

    Also wonder Why that kid was out at 1 AM in the morning and what was with the ski mask??!! The kid was almost asking for trouble, unfortunately.........

    • 1 vote
    #2.20 - Tue Oct 2, 2012 11:07 AM EDT

    "What I don't understand is why the sister didn't call the POLICE instead of her armed brother."

    Because the police are minutes away.

    • 1 vote
    #2.21 - Tue Oct 2, 2012 11:38 AM EDT
    Reply
    Comment author avatarVern-1642229Expand Comment Comment collapsed by the community

    He was a drug baby.

    • 2 votes
    Reply#3 - Mon Oct 1, 2012 7:31 PM EDT

    What does this have to do with the trigger happy dad being in 'anguish' over shooting first and asking questions later?

    • 6 votes
    #3.1 - Mon Oct 1, 2012 9:08 PM EDT

    Apparently, it has a lot to do with it.

    And spare me the hyperbole- he shot LAST, not first.

    • 5 votes
    #3.2 - Mon Oct 1, 2012 9:16 PM EDT

    Enjoy your murder weapons, Vern...I'm sure they will keep you as warm at night as this man's has......

    • 4 votes
    #3.3 - Mon Oct 1, 2012 10:11 PM EDT

    Wow. Clearly the people commenting here are missing a compassion chip. I'm sure this man is sick with grief and will probably never recover.

    Why would anyone try to do battle with an intruder by oneself? Leave it to the professionals, such as they are, and call the police. People seem to think a gun will protect you but you will likely shoot someone mistakenly in a panic or get killed yourself.

    What I wonder is why the boy was out in the yard at 1am in a mask with a knife?

    • 2 votes
    #3.4 - Mon Oct 1, 2012 10:24 PM EDT

    Vern, thank you for a post with a sense of reason. Sad for this father.

    Now a pure speculation - perhaps the man went out to simply protect his sister and thought it may be nothing when he came upon the intruder who lunged at him with something shiny in hand. Maybe he thought his sister was in imminent danger and the police would take too long.

    Clearly the man is shatttered. Please have compassion for this man.

    • 6 votes
    #3.5 - Mon Oct 1, 2012 10:55 PM EDT

    Your welcome, Sandra.

    My heart goes out to him.

    • 6 votes
    #3.6 - Mon Oct 1, 2012 11:10 PM EDT

    KeenInsight,

    Why was the kid out in the yard at 1 AM in a mask with a knife? Don't forget the trying to get into the sister's house part, bucko. Just looking at it I would say he was trying to break into her house to rape/kill her.

    Some of you people are naive, there is no other word for it...wait, victims would fit too. All the kid had to do is say "Its me! Don't shoot!" Instead he goes for the dad with a knife in his hand.

    Also, speak for yourself. Maybe YOU would go into a pants pissing panic and shoot the wrong person or yourself, but don't put that on everyone else.

    I feel for the father, not for the masked, armed hoodlum he shot trying to break into his sister's house. I have that "compassion chip" you allude to, but I daresay YOU lack a "common sense chip". You have the simple facts yet you can't handle coming to the most logical, common sense assessment. The kid was masked, armed and trying to break into the home of a single female. He was going to rape her, and possibly kill her too. Hell, the father may just have saved the rest of his entire family by shooting this little creep. The father has my sympathy for his grief, but the hoodlum kid doesn't rate it.

    • 2 votes
    #3.7 - Tue Oct 2, 2012 7:51 AM EDT
    Reply
    Comment author avatarGrampaSImpsonExpand Comment Comment collapsed by the community

    so will any Nugent-minded gunslingers learn from this? No, and similar will continue to happen. gotta shoot first, it's the wild west

    • 21 votes
    #4 - Mon Oct 1, 2012 7:32 PM EDT

    What exactly would you do if someone is coming at you with a weapon? Would you turn around and run or plead for mercy or hide safely in your house while someone breaks in and attacks your sister who has called you for help? You could open your window and yell I see you and you better run because the police will be here in ten minutes.

    • 17 votes
    #4.1 - Mon Oct 1, 2012 7:36 PM EDT

    The prowler was *outside* not inside.

    • 9 votes
    #4.2 - Mon Oct 1, 2012 7:40 PM EDT

    Yes, Leslie, the prowler was *outside*. The laws of physics are pretty much the same indoors as out, when someone is charging you with a knife.

    • 14 votes
    #4.3 - Mon Oct 1, 2012 8:55 PM EDT

    Let's see, he could have shot him in the leg......or something less lethal than straight for the heart....are men just too stupid to live?

    • 4 votes
    #4.4 - Mon Oct 1, 2012 10:13 PM EDT

    Listen, he could have just called the police. If I'm told there is an intruder on my property, I'm certainly not going to get a gun and go outside to confront him. After all, how much experience does the average person have doing battle with intruders?

    • 5 votes
    #4.5 - Mon Oct 1, 2012 10:29 PM EDT

    Exactly, how would this dad not know the intruder didn't have a gun himself? Why go outside and confront someone you don't know what weapons they may have. Again, why were the police not called until after this teen was killed? It smells like a set up murder to me. If this teen broke a window and your neighbor was in a life or death emergency then I'd understand but this don't sound like that at all. Still no 911 call makes me not believe this story at all.

    • 5 votes
    #4.6 - Mon Oct 1, 2012 10:42 PM EDT

    Shoot him in the leg?

    Run away from an armed attacker in the dark while dialing 9-1-1?

    Are you people effing high?

    • 12 votes
    #4.7 - Mon Oct 1, 2012 11:12 PM EDT

    Those of you who keep harping on the gun issue... Tell me this: What would your reaction be to a masked man running at you with a knife? Would you run or would you stand there and ask if it was your son? Using your logic, anyone who ran from it would be an ignorant coward?

    • 4 votes
    #4.8 - Mon Oct 1, 2012 11:22 PM EDT

    KaiEr, I wouldn't be outside in the first place to be in the position to have a masked man running at me with a knife. I'd have been on the phone to 911 the second my sister called me, and I'd be asking myself why she called me instead of 911.

    This is a tragedy and this man will never recover fully from his actions. We will never know the boys intentions. But to me, the fact remains that this was sadly avoidable.

    • 6 votes
    #4.9 - Mon Oct 1, 2012 11:41 PM EDT

    Vern, how is this for a scenario:

    Sister calls brother. He or she calls 911. Both stay indoors and out of sight until the police arrive...... so that, if the police or the 'prowler' began to shoot, they would not be shot. Chances are, the kid would have run and hid from the police and not been killed.

    But one has to wonder why neither of them called 911. And, why did the kid pretend to have a knife? If it was light enough for the father to see a shiny object, it should have been light enough for the kid to see the gun and recognize his father. There is no logical explanation for how this all happened. Where was Mom? Why was the kid trying to break in to his father's sister's house right next door? He could easily have found out if she was home. An amateur thief does not usually break into a house if he knows someone, especially someone who knows him, is home. This does not all add up at this point.

    • 3 votes
    #4.10 - Mon Oct 1, 2012 11:41 PM EDT

    Mary, how's this for a scenario:

    Stay inside and cal 9-1-1 and wait hours for the police to respond because they have higher priority issues to deal with.

    And, why did the kid pretend to have a knife?

    Pretend? The first day this story ran it included a "shiny weapon" - not a glowing object. This article refers to "a knife-wielding man". Not too much pretending in those statements.

    • 3 votes
    #4.11 - Tue Oct 2, 2012 12:06 AM EDT

    I think he framed his son. None of the events make much since for it to be otherwise.

    • 1 vote
    #4.12 - Tue Oct 2, 2012 2:23 AM EDT

    "How about shoot in the leg?" Oops, missed a moving target and father takes knife to the gut. Kid goes back inside, changes clothes...Father dead and criminal lives on to kill again. The torso is the best target.

    "Both call police"...Criminal hides and lives, but isn't caught. Then, he kills his father in his sleep the next night, creeps in sister's house and kills her, smokes pot and tells his friends how he got away with it.

    You anti-gun people are stupid. This father was not on some wild west shoot 'em up looking for a gun fight. He was defending his sister who this kid was trying to rape, rob, & kill. The police just found a ledger of his plans and he was planning to break into your house tomorrow....I'm sure you'll be able to sit down and talk to him with the knife in your OWN gut.

    • 2 votes
    #4.13 - Tue Oct 2, 2012 5:44 AM EDT

    Shoot first and be in a state of anguish later! Typical 2nd Amendment misinterpreting nutters!!!

    • 3 votes
    #4.14 - Tue Oct 2, 2012 5:55 AM EDT

    This second-guessing reminds me of the kid in the hoodie scenario. No one knows what really happened, but there are some irrefutable facts. One kid was shot when he was carrying skittles and tea. This kid was shot when he was wearing a face mask and carrying a knife, lurking outside someone's house in the middle of the night.

    Without an honest and sane eye-witness, we should just accept that if it walks like a duck and quacks like a duck, it's a duck--not a zebra.

    • 1 vote
    #4.15 - Tue Oct 2, 2012 7:13 AM EDT

    Here we go again, BS opining and more BS. For those of you devoid of any common sense, let me make it simple. Person dressed in black, face covered, with a knife, caught trying to break into a home, and advancing on an individual that is armed. WHAT IN THE FRIGGIN HELL DO SOME OF YOU MORONS EXPECT TO HAPPEN???? That the victim was the adopted son of the shooter has no relavance on the sequence of events that brough about the victims demise. He was stupid, acting in a dangerous manner, and paid for it. PERIOD. GrandpaSimson - yeah, I learned something, if I ever see someone breaking into my sisters house that I don't know that comes at me with a knife - I shoot him! For the shoot in the leg proponents - ever try to target a leg at night of an individual coming at you with a knife? Stupid!!! Melanie - please let us all know when you become a statistic while waiting for the police. Also, keep the Travon Martin BS out of the scenario - the verdict is out on that one as well since he looked like a friggin hoodlum as well when he was shot. He DID look like a duck - a hoodlum one!

    • 2 votes
    #4.16 - Tue Oct 2, 2012 8:10 AM EDT

    Hey "Doctor". Since you asked what I would do, here it is:

    "Hey ! Who are you??!! What are you doing in my yard? Identify yourself or I'll shoot" Then a warning shot maybe...

      #4.17 - Tue Oct 2, 2012 10:51 AM EDT
      Reply

      This is a tragic chain of events that started when the young man put on the mask and grabbed a weapon and tried to enter someones HOME late at night. If someone comes at me with a knife I would drop him too.

      • 16 votes
      Reply#5 - Mon Oct 1, 2012 7:33 PM EDT

      It was his AUNT's home, not a stranger's.

      Why she didn't call the police first, before calling her brother, makes no sense.

      • 16 votes
      #5.1 - Mon Oct 1, 2012 7:40 PM EDT

      Maybe she was terrified and her brother was closer. Where did I say stranger I said someones. Also how the he!! could his aunt have know who it was. Breaking into a relatives house wearing a mask and having a deadly weapon is more sinister than a breaking into strangers house.

      • 13 votes
      #5.2 - Mon Oct 1, 2012 7:45 PM EDT

      IF he entered the home and comes at you, then I could see shooting him with a gun, and the "make my day" and "stand your ground" laws apply here and would certainly be justified. But this kid was outside, and locking your door, reinforcing it, and calling 911, and perhaps WAITING INSIDE WITH YOUR GUN would have been appropriate. However, this dad went looking for the prowler and put himself in harms way by taking the law into his own hands. Sorry, but just because someone legally or illegally owns a gun does not mean he can take the law into his own hands and justify shooting someone.

      • 8 votes
      #5.3 - Mon Oct 1, 2012 9:18 PM EDT

      Laurie, why would you think that he was under any moral, legal, or ethical obligation to take a knife in his chest, just because he was outside? Are you under the mistaken impression that we lose all of our rights if we step outside of our residence?

      He had every right to defend himself against his armed attacker.

      • 8 votes
      #5.4 - Mon Oct 1, 2012 11:14 PM EDT

      parallel Cooler

      he was breaking IN even before the lady called her brother. He didn't use the front door and knock, he didn't call his aunt that he was stopping in, and HE DIDN'T LIVE THERE! Being he was adopted, she really wasn't his aunt either. He was a masked intruder breaking in with a deadly weapon. And Who knows, maybe he turned into a deranged killer that was going to do in some of his family; tragic yes.. and accident NO!

      • 4 votes
      #5.5 - Mon Oct 1, 2012 11:46 PM EDT

      Laurieanro, I think she called her brother, who lived right next door, because of the chance he could come to her rescue before the police could get there. Had I been the lady in that situation, I would most definitely called my brother whom I know has a handgun and the know how to use it, then call the police. If a man is tryin to break into my home, those 10 minutes it takes for the police to show up could make a world of difference! who knows what could've happened in those precious few minutes?

      • 5 votes
      #5.6 - Tue Oct 2, 2012 12:14 AM EDT

      It's mostly the sisters fault. She should have called 911 first. She called her Brother next door and put him into the situation where he probably feared for his sister's life, and must have felt obligated to come to her aid. You don't do that to family members. You don't put them in dangerous situations. "Hey Jeffrey, you mind swinging by my crib, I have a man with a knife and a ski mask outside my window". I mean who can blame the guy for grabbing a gun, fearing for his own life, thrusting himself into an irreversible chain of events.

      • 1 vote
      #5.7 - Tue Oct 2, 2012 2:13 AM EDT

      Right, let's blame the sister who called for help because an unknown person was trying to break into her house. Let's, of course, not blame the kid in the ski mask with a weapon actually trying to break into her house.

      And let's get over the going outside thing. We have the right to defend our property and our property does not start at our front door. We have no obligation when under attack to cower in our homes acting powerless until the police can fit us into their schedules. It is a tragedy that this kid was shot and killed, particularly by his own father. But he was shot and killed because he was outside his aunt's house at 1am trying to break in wearing a ski mask and carrying a weapon. Let's stop pretending that he is a total innocent just because he was only 15.

      • 8 votes
      #5.8 - Tue Oct 2, 2012 6:32 AM EDT

      What I can't figure out is why it was hours later before the father found out it was his adopted son that he had shot. Wouldn't the EM workers or police remove the mask at the scene? Wouldn't the father or aunt wonder where his son was immediately after the shooting?

      • 2 votes
      #5.9 - Tue Oct 2, 2012 6:49 AM EDT

      Culheath,

      Possibly because they (the police) removed the father from the area before responders removed the mask from the son.

      • 1 vote
      #5.10 - Tue Oct 2, 2012 11:28 AM EDT

      Wow, all this why didn't he check on his son before or after the shooting is so ridiculous. First of all the attempted break in did not occur at the father's home, it occured next door at the home of his sister. If I received a call from my neighbor (relative or not) that there was a possible intruder, I would not be thinking that I must check on my child to make sure that they are in their bed and not outside trying to break into the neighbors house. I would also not think it after the incident. Asking why he didn't check on his kid is assuming that he had an inkling that his son could have been the person that was attempting to break into his sisters home. Why would they wonder where a child who was supposed to be sleeping was immediately after the shooting? Just because there is a commotion does not mean that the son would have heard it. Once I am asleep there are only three things that can wake me up. The sound of my children, my phone and my alarm. I have attuned myself to hear those things, nothing else registers.

        #5.11 - Tue Oct 2, 2012 1:11 PM EDT

        That level of commotion would wake most people up.

          #5.12 - Wed Oct 3, 2012 3:49 AM EDT
          Reply

          Why would it ever be okay to shoot a prowler? That's why most people call the police. It should NEVER be okay to take the law into your own hands, and try, convict and sentence someone with one shot (literally.)

          The Stand Your Ground law and any laws like it should be made illegal.

          • 20 votes
          Reply#6 - Mon Oct 1, 2012 7:37 PM EDT

          The Stand Your Ground law and any laws like it should be made illegal.

          In the first place I strongly disagree and I'm not a TEA party nut. A man should have a right to protect his family and that includes your sister. Certainly this man could have handled it better but it's what it is.

          Secondly this happened in Connecticut which is not a "Stand your ground state" so the point is moot. The man could still be in legal trouble depending on what the investigation finds.

          If you even get into a situation where a couple men that are bigger than you want to make you into hamburger you would appreciate the fact you can have an equalizer to defend yourself. If you ever have a couple guy break into your home after dark..you would appreciate the fact that you can have an equalizer to protect your property and live to tell about it later.

          • 5 votes
          #6.1 - Mon Oct 1, 2012 8:33 PM EDT

          Those who argue about 2nd amendment rights etc...I think are barbaric. There are so many examples of countries who do not allow their citizens to carry firearms and the rate of such incidents is fundamentally NIL.

          We need to grow up, take off the chaps, cowboy boots, thug gear and ban these death and maiming tools immediately.

          • 10 votes
          #6.2 - Mon Oct 1, 2012 8:39 PM EDT

          Leslie asks "Why would it ever be okay to shoot a prowler?"?

          How about- When you are in fear for your life or the life of some third person.

          • 16 votes
          #6.3 - Mon Oct 1, 2012 8:41 PM EDT

          KZ, rather than trying to take away the Constitutional Rights of over 300 million law-abiding U.S. Citizens, how about you just move someplace not burdoned by the rights of the individual- someplace like Communist China.

          • 11 votes
          #6.4 - Mon Oct 1, 2012 8:43 PM EDT

          I might add that I'm 72 years old in fairly good health and weigh 180 pounds but I'm realistic enough to know that I could not win a fight with a couple of 200 pound criminals that wish to break into my home and steal all my property after killing my wife and myself. Thus I have a CCW permit with a 40 caliber S&W auto by my bedside. Would I shoot first and ask questions if a couple of men broke into my home after dark? Damn right because I am not stupid enough to think they are breaking in to give me money or wish me and the wife a good day.

          Therefore the stand your ground is not a bad thing and if was not put into law to protect guys like Zimmerman. The reason the Zimmerman thing got all blown out of shape was because the police refused to act on a possible criminal homicide. Gun owners should bear some responsibility for their actions but a man that is truly being threatened should not be persecuted for defending the life of his family and himself. Personally I don't think that was the case with the Zimmerman situation but let the courts decide.

          • 13 votes
          #6.5 - Mon Oct 1, 2012 8:57 PM EDT

          Just another sacrifice on the alter of the Second Amendment.

          • 3 votes
          #6.6 - Mon Oct 1, 2012 11:24 PM EDT

          Would I shoot first and ask questions if a couple of men broke into my home after dark? Damn right because I am not stupid enough to think they are breaking in to give me money or wish me and the wife a good day.

          But you don't understand. In your specific case there is a 0.000001% chance that the two guys are just drunk and mean you no harm. Therefore you and your wife have to be killed first to prove their violent intent. So sorry about your deaths, but we can't take even the slightest chance you could kill a couple of people busting down your door who didn't actually mean you any harm...... We'll be sure your killers are caught and spend a full 6 months in prison before we let them out because of over crowding.

          • 2 votes
          #6.7 - Mon Oct 1, 2012 11:28 PM EDT

          Larry...... and hearing about this guy who mistakenly shot his son, and the story a few days ago of the man who mistakenly shot his wife does not even make you think that perhaps, just perhaps, something like this is more likely than shooting 'intruders.' How many intruders have you had lately??????? How often does your wife or a family member walk around the house in the dark?????? How many times does a neighbor pass close to your house???????

          • 4 votes
          #6.8 - Mon Oct 1, 2012 11:51 PM EDT

          No offense, but if someone is going to break into my home or is about to break into my home, I would rather shoot them myself than wait upwards to 2-4 hours for a police officer to show up and discover my corpse.

          • 7 votes
          #6.9 - Tue Oct 2, 2012 1:50 AM EDT

          Mary-3356206,

          Shooting the son was not a mistake. At the time the shot was fired, it was being aimed at a masked intruder dressed in black who, instead of fleeing when discovered, advanced on Jeffrey Giuliano with what appeared to be, and was subsequently found to be, a knife. Under these circumstances, the shooting was fully justified.

          To those who think Mr. Giuliano should have stayed in his house and called the police, think about the fact that when seconds count, the police are only minutes away. It seems a perfectly natural response to anyone who is not an absolute coward, to come to the aid of someone who may be in danger, especially if that someone is a close relative who happens to live next door.

          If you think Mr. Giuliano should have left his gun in his house knowing that the possibility was great that he may come into contact with the intruder, you aren't thinking clearly and/or probably have no concept of how the criminal mind works. Criminals don't respond well to "social" solutions. They lack the empathy that makes it possible to escape by begging them to please don't hurt or kill you because you have children. Criminals don't care about that. Criminals just want what they want when they want it and will eliminate any and all obstacles in whatever manner is effective. That includes killing or maiming another human being. Terry Giuliano's actions on the night of his death were criminal. In light of the foregoing and under the circumstances described in the article, it makes perfect sense that Mr. Giuliano would take with him the most effective weapon he had at his disposal.

          Finally, for those who think Mr. Giuliano could just as easily have shot the intruder in the leg, you know nothing of what happens physiologically and psychologically during and event such a this. One such effect is a drastic reduction in fine motor skills and tunnel vision. This makes aiming a handgun at a small target very difficult if not impossible. That is why, in all firearms self-defense courses, the training emphasis is on shooting at the center of largest body mass visible; usually the chest.

          If there was a mistake in the series of events that let to Terry Giuliano's death, it was his donning black clothing, wearing a mask, carrying a knife, attempting to break into a house, and advancing in a threatening manner on someone armed with a handgun.

          • 9 votes
          #6.10 - Tue Oct 2, 2012 1:51 AM EDT

          Leslie, you're an idiot.

            #6.11 - Tue Oct 2, 2012 9:40 AM EDT

            Another thing to think about is that some of us live in vastly rural communities where the police aren't a couple of minutes away. I have seen response times hit the 7 minute mark on an extremely good day. During days where the 8 officers day and evening shift and 2 officers with 2 "on-call" for overnights (between HP and County) are busy, it can climb to well over 30 minutes. Toss in bad winter weather and boom, you are over an hour.

            Since most grab and go's last only 4 minutes total, well you do the math. Those that keep touting "lock the doors", if they want in your house, the lock isn't going to slow them down but for a couple of seconds at the most. The math isn't hard. Then you toss in the rare (once a year), but real event of running into a critter issue, it gives me reason to carry. However I do agree that you should be responsible and keep doors locked, particularly at nights and that lighting helps as a deterant.

            I feel for this family, this will hang heavy over this family for years, if not forever. It does not matter that the boy was doing something at the very least stupid. For those that are jumping roughshod to conclude that the father is some piece of crap, shame on you. Also, it says no where that the sister did or did not also call 911, so that is jumping to conclusion.

            • 3 votes
            #6.12 - Tue Oct 2, 2012 11:21 AM EDT
            Reply

            Why was the son trying to break in to his Aun't house wearing a ski mask, and holding a knife? Would you do that if you knew that your dad (adoptive or not) lived next door and owned a gun?

            • 14 votes
            Reply#7 - Mon Oct 1, 2012 7:44 PM EDT

            I agree with what you said. It does seem strange the whole mask and knife thing for a relatives house. He probably even knew the Aunt's habits so why sneaking around in the dark late at night. Also to attack his "dad" with the knife when he is confronted by him.

            A shot in the air takes a half second. To re-aim takes another half second.

            • 4 votes
            #7.1 - Mon Oct 1, 2012 8:42 PM EDT

            Why would he use deadly physical force on the air? He had no justification, and he would be responsible for wherever that bullet went.

            You watch too much TV.

            • 8 votes
            #7.2 - Mon Oct 1, 2012 8:44 PM EDT

            Vern, now he is responsible for where the bullet went, right into his son!!!!! And he has to live with that thought for as long as he lives........ GREAT LIFE!

            • 2 votes
            #7.3 - Mon Oct 1, 2012 11:53 PM EDT

            Vern,

            Then shoot the WARNING SHOT into the ground. How (I'll be gentle) stupid do you have to be to think I meant "use deadly physical force on the air". You know exactly what I meant.

            Sheesh.

            I'm sure you got my point but of course, there is that whole shoot to kill thing that seems to give you such pleasure.

            Oh wait. I must watch too much TV, That's it. Sitting there in my cowboy costume. Watching Saturday morning cartoons. Drooling and wishing I was Honey Boo Boo. Yeah, that the ticket. You can be so vapid and intellectually lazy on your high horse can't you but no....I must be a TV watching (insert label here) idiot that I can't try to make sense of something using my own intelligence.

              #7.4 - Tue Oct 2, 2012 1:59 PM EDT

              You don't fire warning shots. You don't know where the round is going to go. Even shooting at the ground can cause a ricochet.

              • 1 vote
              #7.5 - Tue Oct 2, 2012 4:48 PM EDT

              If he had time to seek out his son, he had time to announce his intentions or to fire a warning shot.

                #7.6 - Tue Oct 2, 2012 5:10 PM EDT

                Here is a little help for you, and yes you have been watching too many movies.

                http://colorado-domestic-violence-lawyer.com/faq-about-colorado-domestic-violence-law-and-cases/faq_colorado_domestic_violence_cases_part_ii/colorado-criminal-law-a-comprehensive-look-at-the-colorado-defense-of-self-defense-initial-aggressor-laws-make-my-day-laws-and-the-duty-to-retreat.html

                Is a Warning Required In Colorado?
                Police officers are required to give "some warning," "where feasible" before using deadly force on a dangerous escaping suspect. They are not required to give a warning before using deadly force in self-defense or defense of another. It is a good idea for the defender to give a warning, and for counsel to show why a warning was not feasible when none was given. However, counsel should resist allowing the prosecutor to create or imply a warning requirement.

                Displaying or brandishing a weapon without firing it is often unwise. It may be construed by a prosecutor or a jury as illegally threatening the use of the firearm or weapon, i.e., common law assault, threatening, or other similar offenses. It is also tactically unwise because it may encourage the aggressor to attempt to disarm the defendant.

                There is no reason for a defendant to fire a warning shot. It would be contrary to public policy for the courts to require, or even encourage, warning shots. First, most handgun bullets are capable of penetrating standard building materials with enough force to injure or even kill someone on the other side of a wall or window. No one should be encouraged to place a bystander at risk by firing such a shot. Second, even if there is an appropriate surface at which to shoot, the defendant has to take his or her eyes off the aggressor at least for a moment to choose an appropriate target. During that time, the aggressor can attack the defendant before he or she can bring the firearm back on target. If the defendant is justified in shooting at all, he or she is justified in shooting at the aggressor.

                Shooting to Wound In Colorado
                If the prosecutor is arguing that your defendant should have been shooting to wound the aggressor or aiming for a limb, he or she has seen too many Lone Ranger episodes. The defendant is reacting immediately to a life-threatening situation. He or she is not an actor on a set.

                There are two problems with shooting to wound. The first is actually hitting the target. Under life-threatening stress, some trainers say that the defendant 's aim will be diminished by stress hormone affects on his or her fine muscle control and vision. Even if the defendant is an expert shot on the range, he or she may not be able to reliably duplicate that feat in a dim alleyway. As discussed above, there is a small reaction gap between deciding to fire and doing so. In that time, the torso can turn 180º; a hand, arm, or leg could move anywhere.

                The second problem is over-penetration. The defendant is responsible for every shot fired. Bullets recommended for police work and self-defense are generally designed to reliably penetrate 12″ of flesh covered with light clothing. Limbs and hands are much thinner. A bullet which strikes a limb or hand is likely to pass through with enough force to penetrate any standard building material behind the aggressor — which endangers the public at large. Police aim for the center of mass (the torso); the defendant should not be faulted for doing the same.

                  #7.7 - Tue Oct 2, 2012 6:39 PM EDT

                  Whatever. I have no idea what Colorado law has to do with common sense, especially since the incident did not happen in Colorado.

                  Go ahead with with whatever phallic issues you seem to have. I bet you just can't wait until the day you have a chance to shoot someone and claim self defense. Wet dream much?

                    #7.8 - Wed Oct 3, 2012 4:25 PM EDT
                    Reply

                    Did this guy yell "stop, drop the knife or i'll shoot"? Did the kid actually charge him with the knife raised? Seems this guy was a little trigger happy, as many Americans are.

                    • 13 votes
                    Reply#8 - Mon Oct 1, 2012 7:46 PM EDT

                    Seems like you're jumping to conclusions, as usual, leroy.

                    Maybe you should take off the $#!+ colored glasses your world view is filtered through.

                    • 13 votes
                    #8.1 - Mon Oct 1, 2012 8:39 PM EDT

                    Seems like dad jumped to a conclusion to me.

                    • 9 votes
                    #8.2 - Mon Oct 1, 2012 8:43 PM EDT

                    How long do you think he should have pondered, while being charged with a knife?

                    • 10 votes
                    #8.3 - Mon Oct 1, 2012 8:45 PM EDT

                    I agree with 20/20 hindsight that he could have handled it differently but people act differently in times of crisis. Anyone can sit in their easy chair and say what the quarterback should have done instead of throwing the ball to the other team. Just like driving a car, accidents happen because of bad judgment on someone's part. This is no different. Bad judgment on the part of the shooter. Remember one thing and that's that the kid was his adopted child so he looses here too.

                    • 3 votes
                    #8.4 - Mon Oct 1, 2012 9:11 PM EDT

                    The kid didn't charge his father with a knife. It says that he had a knife and approached his father in what his father thought was a threatening way. His father then shot.

                    so the kid thinks: oh... dad... you're here. He then approaches his father... and is shot.

                    • 6 votes
                    #8.5 - Mon Oct 1, 2012 9:23 PM EDT

                    Really Travis?! HaHa, its me daddy, I was just spoofin'. The kid was out there for a reason and it isn't Halloween. He was trying to break into a house to steal things. If you have a knife and are coming toward me and I don't know who you are, there is no difference between "charging" and "approaching". If I have a gun, you're going to get shot.

                    • 2 votes
                    #8.6 - Tue Oct 2, 2012 6:40 AM EDT

                    But why would he break into a house to steal things when he had to have known that his aunt was home? Why target a family member's home?

                    • 1 vote
                    #8.7 - Tue Oct 2, 2012 9:13 AM EDT

                    Leroy, that information is not provided anywhere, so unless someone was there and has a recording of it to share, we may never know

                    • 1 vote
                    #8.8 - Tue Oct 2, 2012 11:24 AM EDT

                    But why would he break into a house to steal things when he had to have known that his aunt was home? Why target a family member's home?

                    A guy I grew up with robbed his parents home. Unfortunately for him, they walked in on his robbery. His father also prosecuted him. (Good for him.) He robbed his parent's home because he needed money quickly and knew what and where everything was in the house.

                    It's not all that uncommon really.

                    • 2 votes
                    #8.9 - Tue Oct 2, 2012 11:25 AM EDT

                    Why did dad get so close that the kid could charge him with a knife. Seeing the pictures of the location, it appeared the body was in a large open area. Not on the porch area of the house.

                      #8.10 - Wed Oct 3, 2012 4:27 PM EDT
                      Reply

                      This is very sad and tragic. The poor dad will probably never be the same.

                      I have to wonder about the son though. It doesn't sound like he was up to anything good being outside at 1am in black clothes and a ski mask and a knife, at the neighbors house. I wonder what other issues the son has had before this, if any.

                      And Leslie - anytime a prowler is in your house, I'd say they should be shot. Of course, the homeowner needs to make 100% sure it isn't a family member first! In other words, turn the lights on, shine a flashlight on them, and don't shoot a shadow! And when his sister from next door is saying someone is trying to break in, and he went to help her (waiting for the police might be a bad idea), it seems like a reasonable thing to do. When someone in a mask and knife is coming for you, I'd say waiting for 100% identification is out, time to shoot. Sadly in this case, the adopted son had problems, and was probably going to be a burden on society for the rest of his life. This does not sound like it was any sort of prank that went badly wrong.

                      • 11 votes
                      Reply#9 - Mon Oct 1, 2012 7:48 PM EDT

                      "Poor" dad? I think you mean blood-thirsty psychotic. His son is dead because he decided to shoot first and ask questions later. He deserves his mental suffering and more. He is a murderer.

                      When I read stories like this I can't help but feel like a lot of these killers are just itching for an excuse to kill another human being.

                      • 10 votes
                      #9.1 - Mon Oct 1, 2012 7:57 PM EDT

                      It takes a fraction of a second to pull a trigger. Unless the kid ran at him with the knife raised and was one second away from stabbing him, the father did not have to shoot.

                      • 9 votes
                      #9.2 - Mon Oct 1, 2012 8:24 PM EDT

                      But he wasn't IN any house. He went out in the dark after a possible prowler, and he is lucky he didn't get shot himself.

                      • 8 votes
                      #9.3 - Mon Oct 1, 2012 8:32 PM EDT

                      Lol, leroy. I think you watch too much television. Bad people don't often "instantly" stop doing bad things upon being administered a dose of felon repellant.

                      Look up Dennis Tueller's "21-foot rule" on youtube or something, for starters.

                      • 9 votes
                      #9.4 - Mon Oct 1, 2012 8:37 PM EDT

                      Protecting your property against an armed intruder doesn't make you a "blood-thirsty psychotic". Again, it isn't relevent that he wasn't IN any house, he was on someone else's property.

                      Vern - its like talking to a tree, right?

                      • 5 votes
                      #9.5 - Tue Oct 2, 2012 6:44 AM EDT

                      Vern, I was about to post the same thing. Regarding the 21-foot rule as taught to police:

                      Once he perceives a signal to do so, the AVERAGE officer requires 1.5 seconds to draw from a snapped Level II holster and fire one unsighted round at center mass. Add 1/4 of a second for firing a second round, and another 1/10 of a second for obtaining a flash sight picture for the average officer.

                      The fastest officer tested required 1.31 seconds to draw from a Level II holster and get off his first unsighted round.The slowest officer tested required 2.25 seconds.

                      For the average officer to draw and fire an unsighted round from a snapped Level III holster, which is becoming increasingly popular in LE because of its extra security features, takes 1.7 seconds.

                      Meanwhile, the AVERAGE suspect with an edged weapon raised in the traditional "ice-pick" position can go from a dead stop to level, unobstructed surface offering good traction in 1.5-1.7 seconds.

                      So the idiot responses here simply go to show how little this people really know and/or understand.

                      • 5 votes
                      #9.6 - Tue Oct 2, 2012 8:37 AM EDT

                      @ Spud - People just refuse to believe a knife is dangerous if you have a gun. Your time frame also doesn't include the time it takes to incapacitate the assailant after the bullet strikes him. They don't typically go down instantly. Especially if on drugs. It's easy when you think about it to see how they could deal you a mortal wound before they are no longer a danger. It's rather small consolation to you to realize you made sure of your attacker as you lay there bleeding to death. I'm sure your family and friends will be quite happy with the outcome too.

                      I just don't understand how people can assume that because you have a gun, that anyone close by with a knife can not be a danger to you. That's just not true.

                      • 3 votes
                      #9.7 - Tue Oct 2, 2012 11:33 AM EDT

                      Exactly! Too many cops (and individuals) have died or been seriously injured by underestimating a knife wielding assailant.

                      Some LE trainers are suggesting the distant be extended to 31 feet.

                      • 1 vote
                      #9.8 - Tue Oct 2, 2012 1:53 PM EDT

                      I wouldn't have trouble agreeing with 31 feet. Think about it. 21 feet isn't much bigger than a room in an averaged size home. How long does it take you to cross a room?

                      • 1 vote
                      #9.9 - Tue Oct 2, 2012 4:54 PM EDT
                      Reply
                      Comment author avatarBrandy Sajovicvia Facebook

                      People are just too gun happy!

                      • 10 votes
                      Reply#10 - Mon Oct 1, 2012 7:59 PM EDT

                      Brandy, it is beyond sick for you to say that- no one is happy here. It is a tragedy all the way around.

                      • 9 votes
                      #10.1 - Mon Oct 1, 2012 8:35 PM EDT
                      Reply

                      I hope the father can get pass this tragedy, it could of happen to anyone given the situation. A mask man, with a knife approaching you in the dark, there was no way the father could have known. This is the time when the family must stick together and be there for one another.

                      • 6 votes
                      Reply#11 - Mon Oct 1, 2012 8:04 PM EDT

                      it could of happen to anyone given the situation.

                      Popo...

                      I disagree with you. It ONLY happened b/c the dad couldn't wait for the police and had to go get his gun, then had to go seek out the prowler, and then had to shoot first ask questions later. Believing you can take the law into your own hands just because you own a gun, is the problem here. Of course the Dad is physically and mentally ill here...he should be. Personally, I would of probably used that gun to kill myself as I don't think I could live anymore knowing I murdered my son.

                      • 7 votes
                      #11.1 - Mon Oct 1, 2012 9:26 PM EDT

                      He was under no obligation to wait for the police.

                      A burglar does not "schedule" his entry, to give you a chance to formulate a plan, and once a burglar kicks your front door, you have an average of about seven seconds before he reaches you.

                      I suspect the police response time was probably more than seven seconds.

                      • 10 votes
                      #11.2 - Mon Oct 1, 2012 11:19 PM EDT

                      Vern, you are correct. He was under no obligation. He also chose not to wait; therefore, he has to deal with those consequences. I'm sure in the future if it happens again, he may reconsider.

                      • 1 vote
                      #11.3 - Tue Oct 2, 2012 6:16 AM EDT

                      It very well could be that this man saved the life of everyone in his house and his aunt's house. I cannot think of any reason for the mask, knife, attempted burglary, and not identifying himself. I feel like I am a fairly objective person who is skeptical about the use of guns for 'protection', but this story leaves me thinking that the alternate story might well be a headliner about two households killed by a 15 year old, mentally disturbed family member.

                      • 2 votes
                      #11.4 - Tue Oct 2, 2012 11:51 AM EDT
                      Reply

                      A mask, knife and trying to break into someones house in the dark - paging Dr Darwin! Don't try to put this on a homeowner defending his family and his property.

                      • 14 votes
                      Reply#12 - Mon Oct 1, 2012 8:10 PM EDT

                      yes... and he would be one of the few stupid children out there.... (all kids do incredibly stupid things... and certainly don't deserve death)

                      • 3 votes
                      #12.1 - Mon Oct 1, 2012 8:58 PM EDT

                      This child's best ability to make decisions was simply not survivable. It is one of the generational penalties that drug babies pay, for the sins of those who spawn them.

                      • 4 votes
                      #12.2 - Mon Oct 1, 2012 11:20 PM EDT
                      Reply

                      My god, what a bunch of stupid comments here. It's not in the article, but I bet the sister called the police immediately after, if not before calling her brother. Her brother, does the right thing and goes to help protect his family, only to have to shoot his own son who is acting like a nut case. Tragic.

                      • 12 votes
                      Reply#13 - Mon Oct 1, 2012 8:15 PM EDT

                      What families need is protection from your ilk. I wish we still had a draft, so at least you could be sent to do some good, playing with your guns.

                      • 4 votes
                      #13.1 - Mon Oct 1, 2012 8:19 PM EDT

                      Hey jack- I wish there was a draft too- that way, YOU would be "sent to do some good, playing with your gun."

                      Be careful what you wish for...

                      • 3 votes
                      #13.2 - Tue Oct 2, 2012 4:00 AM EDT
                      Reply

                      Yet another NRA moment. Gun lovers are a reminder of how recently the human race crawled out of the primordial slime.

                      • 8 votes
                      Reply#14 - Mon Oct 1, 2012 8:16 PM EDT

                      That may have been true for your lineage.

                      • 7 votes
                      #14.1 - Mon Oct 1, 2012 8:47 PM EDT
                      Reply

                      Sad . Very sad. The kid brought it upon himself. You don't go breaking into people's homes with a weapon in hand and a ski mask on. Simple logic.

                      • 12 votes
                      Reply#15 - Mon Oct 1, 2012 8:22 PM EDT

                      If I was the father I would be devastated as well, for awhile. Then I would be pretty damn pissed off that my 'son' - adopted, wacko, ungrateful peace of @!$%# put me through this! I mean come on! The kid knew it was his adopted father with a gun, and that he would be killed by him. That kid deserves to be dead!

                      • 2 votes
                      Reply#16 - Mon Oct 1, 2012 8:23 PM EDT

                      You were there and knew what he knew and what he was thinking. Perhaps you could go share with police all that expertise.

                      And saying a kid needs to be dead is really classy. I'm not saying he had any business out there like that...but saying he deserves to be dead? Nice. You have no idea how you would feel, either, but it's easy to have all the answers and be happy a kid dies when he isn't your own and you are in your nice chair.

                      • 6 votes
                      #16.1 - Mon Oct 1, 2012 8:38 PM EDT

                      Erin...

                      Sadly, we will never know what the 15 yr old child was thinking but I'm sure we will have to hear over and over how 'anguished' the trigger happy dad is. What if the kid was having a mental break? What if he was playing a prank? What if the dad didn't have a gun? What if the child wasn't dead? Then we wouldn't have to read your ignorant, thoughtless and careless comments....

                      • 5 votes
                      #16.2 - Mon Oct 1, 2012 9:32 PM EDT

                      Yes, obviously Laruisarno knows what dad was thinking and how he feels. I mean come on, look at her, she's so darn smart to know what people she's never met or will never meet knows how they feel or what they must be going through. I mean, she obviously knows that this father is trigger happy and she OBVIOUSLY knows that this father isn't really upset or anguished.

                      • 3 votes
                      #16.3 - Tue Oct 2, 2012 1:56 AM EDT
                      Reply

                      One more thought.... Here is another reason, actually its my main one, for arming myself and my home with Tasers. The kid wouldn't be dead, and the father would just be pissed, and not devastated.

                      • 3 votes
                      Reply#17 - Mon Oct 1, 2012 8:26 PM EDT

                      It would probably not be a survivable behavior to attempt to protect yourself with a lesser level of force than the one you are facing.

                      • 5 votes
                      #17.1 - Mon Oct 1, 2012 8:48 PM EDT

                      Tasers are completely ineffective against people heavily under the influence of drugs or alcohol but are better than stop or I will call someone. Which is but yet another great reason to not make drugs legal.

                      • 1 vote
                      #17.2 - Tue Oct 2, 2012 12:10 PM EDT

                      They are also ineffective against heavy leather jackets and such.

                      • 1 vote
                      #17.3 - Tue Oct 2, 2012 4:56 PM EDT
                      Reply

                      People that think they're more capable than the police.

                      • 4 votes
                      Reply#18 - Mon Oct 1, 2012 8:28 PM EDT

                      Yes. NRA members take the Eddie Eagle or whatever safety training they have & they think they can shoot the Ace of Hearts right in the middle from a 1,000 yards with one hand tied behind their backs. Shooting should be the very very last resort not the 1st. The step father gets no sympathy from me, because he used no common sense at all. The gun deaths just keep on adding up.

                      • 4 votes
                      #18.1 - Mon Oct 1, 2012 8:48 PM EDT

                      What do you mean by that, Jay?

                      Do you not consider yourself to be "People", or are you claiming that you think you're more capable than the police?

                      • 5 votes
                      #18.2 - Mon Oct 1, 2012 8:50 PM EDT

                      Bengal, it would appear that shooting WAS his last resort- what the heck are you talking about?

                      • 5 votes
                      #18.3 - Mon Oct 1, 2012 8:51 PM EDT
                      Reply

                      I guess it was cheaper than sending him to prison.

                      • 1 vote
                      Reply#19 - Mon Oct 1, 2012 8:32 PM EDT

                      This is one of the saddest things I've ever heard. We have grown sons but I cannot imagine them having thought of doing anything like this when they were kids. They did hunt, however, and their dad had taken them to gun safety classes once they were old enough.

                      I wonder what in the world this boy was thinking. A prank? Mad at his aunt and wanted to scare her? It didn't sound as if he were a troublemaker so you have to wonder why. Forwhatever reason, a very terrible thing.

                      And all these cruel comments make me sick.

                      • 7 votes
                      Reply#20 - Mon Oct 1, 2012 8:38 PM EDT

                      I agree. Makes me wonder how some people are in real life if they make such nasty comments about tragedy.

                      • 2 votes
                      #20.1 - Mon Oct 1, 2012 8:40 PM EDT

                      Because Ram, people are armchair warriors. They think they know better because they have these scenarios to go through their heads and would 'just know what to do' in these situations. These people obviously have armed themselves with such wonderful shows as Dexter, SVU and Americas most Amazing Police chases or what ever the awesome program of the decade is that involves 'true' crime'.

                        #20.2 - Tue Oct 2, 2012 1:58 AM EDT
                        Reply

                        Terrible tragedy....But as more Americans arm themselves this will become a common occurrence...

                        • 6 votes
                        Reply#21 - Mon Oct 1, 2012 8:46 PM EDT

                        Americans have been arming themselves for hundreds of years, and tragedys like this are no more common now than they were then.

                        • 10 votes
                        #21.1 - Mon Oct 1, 2012 9:06 PM EDT

                        Not so.....

                        • 4 votes
                        #21.2 - Mon Oct 1, 2012 9:16 PM EDT

                        Prove it, Bill. Show us the evidence, please.

                        • 2 votes
                        #21.3 - Tue Oct 2, 2012 8:43 AM EDT

                        They are only more sensationalized now

                        • 1 vote
                        #21.4 - Tue Oct 2, 2012 12:13 PM EDT
                        Reply

                        I have guns. If I hear someone prowling outside, I call the police.

                        • 3 votes
                        Reply#22 - Mon Oct 1, 2012 9:29 PM EDT

                        I call the nearest morgue and give them a heads up.

                        • 2 votes
                        #22.1 - Tue Oct 2, 2012 12:20 AM EDT
                        Reply

                        The NRA's response to this tragedy would be that the son should have kept himself armed as well so that he could fire back.

                        • 6 votes
                        Reply#23 - Mon Oct 1, 2012 9:29 PM EDT

                        No, the NRA says 'don't act like an 15 yr old kid possibly playing a prank, possibly trying to scare your aunt, possibly sleepwalking, possibly acting crazed from hormones, and you won't get shot'.
                        Never would the NRA blame a gun owner for being inappropriately trigger happy or possibly mentally unstable and off their meds, or paranoid about the next armageddon being just around the corner, or preparing for the next Hitler genocide threat that doesn't even exist, and so on...

                        • 3 votes
                        #23.1 - Mon Oct 1, 2012 9:40 PM EDT

                        You two should probably take your lithium.

                        • 9 votes
                        #23.2 - Mon Oct 1, 2012 11:22 PM EDT

                        @laurie - You have a VERY warped and stereotypical view of NRA members.

                        • 4 votes
                        #23.3 - Tue Oct 2, 2012 12:14 AM EDT

                        watch it kj, you sound like you might not vote for Obama, so that would make you a racist, or like you might not like gays so you would be a biggot. LOL on the ultra-libs, you are the biggest biggots of the bunch

                        • 2 votes
                        #23.4 - Tue Oct 2, 2012 12:15 PM EDT

                        Tracy, totally agree with you. Moderate liberals, don't bother me, in fact, I agree with them on some things. It's just the ultra-left, crazy ones who annoy me.

                        For the record, I am not a Republican, but a libertarian, so while I do agree with the right on most issues (such as guns), I do support gay rights.

                          #23.5 - Tue Oct 2, 2012 5:36 PM EDT
                          Reply

                          travis-1989539

                          here's a story: 2 weeks ago, 3 ethnic men showed up on my deck at 3 am. My first response was to ask them what they were doing... not to grab the gun out of my safe and shoot. Turns out they were ahead of a group of people, quietly on their way to their friend's house, who lived next door to me. The three on my deck had never been to the house before and had gotten confused about which house, with the deck, they were looking for.

                          Body count: 0

                          @Travis - I was in the city reroofing a garage and heard this same exact story once. Only problem is that 15 minutes later, on my way to get some materials, I saw them "lost" on a nearby block. Checking door knobs as they went.

                          I also took them at their word. But then I learned criminals will prey on human nature.

                          • 6 votes
                          Reply#24 - Mon Oct 1, 2012 9:33 PM EDT

                          My neighbor, their friend, was following with a few more people a couple blocks behind them. My neighbor showed up after our encounter, validated their story, and let them into her house.

                            #24.1 - Tue Oct 2, 2012 11:39 AM EDT

                            @50_pascals

                            And your point is????? ????? ????? You saw this and didn't call the police? Hmm, I think you're lying in my opinion to make a negative point.

                            I guess everyone who looks lost to you is up to no good (why don't you tell truth...if it was 3 black guys oh yes that's it...then just come clean and say so)

                              #24.2 - Wed Oct 3, 2012 5:31 PM EDT
                              Reply

                              "The masked figure approached him in a threatening manner, police said."

                              How do the police know this? It must be by the father's or sister's account. The father's claim to self defense would hinge the details of this action. An action may more likely be interprited as threatening if one feels fear and heightened adrenaline. Perhaps he just wanted to give his father a hug.

                              I wouldn't mind if everybody had guns just as long as they stop shooting people with them. But they can't seem to do that.

                              • 3 votes
                              Reply#25 - Mon Oct 1, 2012 9:37 PM EDT

                              He "just wanted to give his father a hug"...outside...in the middle of the night...dressed in black...wearing a ski mask...armed with a knife...

                              Are you effing high?

                              • 7 votes
                              #25.1 - Mon Oct 1, 2012 11:24 PM EDT

                              Yes! Lets own guns! Many guns but you can never ever ever ever not once fire them or even use them even to keep your wife or 8 year old daughter from being viciously raped in front of you while your son is sodomized with a baseball bat.

                              Grand idea.

                              • 2 votes
                              #25.2 - Tue Oct 2, 2012 2:01 AM EDT
                              Reply
                              Jump to discussion page: 1 2 3 ... 5
                              You're in Easy Mode. If you prefer, you can use XHTML Mode instead.
                              As a new user, you may notice a few temporary content restrictions. Click here for more info.