Local News

Arizonans could soon be able to use deadly force
BY JONATHAN ATHENS, SUN STAFF WRITER
Published on: January 30, 2006

A proposal to allow Arizonans to use deadly force against someone invading their home or car without fear of prosecution or civil suit could inadvertently help bad guys go free, said Yuma County's chief deputy county attorney.

Others say such a change only clarifies what everyone already knows ‹ you have a right to defend yourself inside your dwelling or in public.

"I'm all for defending yourself in your home but a lot of the attempts to change that defense have unintended consequences. It could end up helping gangbangers and people like that. That's what I'm concerned about. That's what prosecutors are concerned about," said Roger Nelson, chief deputy county attorney.

The House Judiciary Committee on Thursday adopted a proposal which says a person is justified in using deadly physical force when someone forcibly and unlawfully enters a home or vehicle and the person believes he or she or someone else is in imminent danger of death or serious injury.

The law currently states the person using deadly force must prove they were justified in doing so. A more comprehensive proposal crafted by Senate Majority Leader Tim Bee, of Tucson, would shift that burden of proof to prosecutors.

That provision has alarmed prosecutors.

Rick Unklesbay, chief criminal deputy Pima County attorney, said it could result in people getting away with murder. He said that virtually every gang shooting involves the survivor saying that the other person made some sort of threatening gesture or gang sign that left the person in fear for their life.

Unklesbay said the nature of these crimes would make it difficult ‹ if not impossible ‹ to overcome that person's claim of self defense.

Yuma County Deputy Sheriff Maj. Leon Wilmot said the proposed change won't change anything and instead clarifies the obvious.

"I'm not reading anything in there that's different. It's the same scenario. They're spelling it out more," said Wilmot.

The last reported incident here of someone using deadly force to stop an intruder was in late December 2004 when an off-duty Yuma police officer shot at a man who forced his way into that police officer's house.

The police officer fired three rounds at the intruder, who fled and has not been caught, according to The Sun archives.

In 2005, there were 749 reported burglaries of houses, businesses and vehicles in Yuma, up from 654 reported burglaries in 2004, according to the Yuma Police Department.

The last reported incident here when a civilian used the threat of deadly force to stop someone from taking his vehicle in September 2005.

Yuma City Councilman Al Krieger drew a handgun on the person who allegedly attempted to carjack him, according to The Sun archives.

Sheriff Deputy Capt. Eben Bratcher said he doubts the the loosening up of the deadly force law will prompt more people to shoot someone breaking into vehicles.

"You have to ask yourself, is it worth killing someone because they are breaking into your car? I think most people would make the determination to use common sense," Bratcher said.

Yuma police spokesman Clint Norred said there is a possibility there could be an increase in homeowners and vehicle owners using deadly force but he declined to speculate on what he thinks would happen if the law changed.

Two of the three state lawmakers representing Yuma County said they favor the bill and they support the right of an individual to use deadly force when such force is warranted.

Rep. Russ Jones, a Republican, said changing the deadly force law might act as a deterrent.

Jones said the number of carjackings dramatically dropped after state lawmakers passed a concealed carry bill.

The same could happen when it comes to burglaries, Jones said, adding he favors the proposed change.

Sen. Robert Cannell, a Democrat, said: "At this point I'm in favor of the bill but I can't say how I'll vote until I hear the arguments."

Rep. Amanda Aguirre, a Democrat, did not return calls placed by The Sun as of press time.

Dave Kopp, president of the Arizona Citizens Defense League, said the legislation is not a blanket license to use deadly force against any intruder.

"You can't just shot somebody because they walk into your house,'' he said, noting the requirement that the person have both unlawfully and forcibly entered the home and that the shooter believes there is imminent threat of serious injury or death.

There also are exceptions if the person in the home or vehicle has a lawful right to be there or was the parent, grandparent or legal guardian of a child being removed.

And homeowners can't shoot law enforcement officers who identify themselves first, or if the person knows or should have known the person was a police officer.

---
Jonathan Athens can be reached at

jathens@yumasun.com or 539-6857.

Howard Fischer of Capitol Media Services

contributed to this story.

© Copyright 2006 YumaSun.com