Did anybody see KHON news at 2200 Saturday? I thought they had a quick story about a home invasion on the Big Isle where the intruder was shot. However, the news made a big deal about the homeowner being arrested as well as the invader. I tried to find some more info about it, both on KHON's website and other news organizations, but couldn't find anything. Anybody have updates or specifics on the story.

Found it.....

http://www.hawaii247.org/2009/11/21/updated-police-identify-man-shot-in-ka%e2%80%98u-shooting/

Updated: Police identify man shot in Ka‘u shooting
Posted on November 21, 2009. Tags: hawaiian ocean view estates, hove, ka‘u, police, shooting

UPDATED MEDIA RELEASE (11/21/09)



Richard Justin McNeely
Big Island detectives have charged a 34-year-old man who was shot by a homeowner after breaking into a Ka’ū home Thursday (November 19).

His identity, previously reported as Justin Michaels, has been confirmed as Richard Justin McNeely. He was charged Saturday (November 21) with first-degree burglary, first-degree unauthorized entry into a dwelling, phone ripping and two counts of second-degree terroristic threatening. His bail was set at $10,000. He was also charged with contempt of court for an unrelated case, with an additional $300 bail.

The homeowner, 45-year-old John Fitzsimmons, has been released from police custody while detectives continue their investigation.

Police dispatched to the Hawaiian Ocean View Estates subdivision around 10 p.m. Thursday determined that Fitzsimmons had been sleeping in his home on King Kamehameha Boulevard when McNeely, who is an acquaintance, climbed through a living room window, entered the bedroom and punched him several times while he lay in bed.

McNeely, then exited the house. When he tried to re-enter through the front door, Fitzsimmons fired two shots, hitting McNeely once in the left upper thigh.

McNeely, who has no permanent address, was treated for a bullet wound to his left leg at Kona Community Hospital and then released.

Fitzsimmons did not require any medical attention for his injuries. He was arrested at the scene for assault but released Friday afternoon (November 20) pending further investigation.

McNeely was unable to post bail and remains in custody at the Kealakehe Police cellblock pending his initial court appearance Monday.

MEDIA RELEASE (11/20/09)

Big Island detectives are investigating a shooting incident in Ka‘ū that took place Thursday evening (November 19) around 10 p.m.

Police dispatched to the Hawaiian Ocean View Estates subdivision determined that 45-year-old John Fitzsimmons had been sleeping in his home on King Kamehameha Boulevard when an acquaintance climbed through a living room window, entered the bedroom and punched him several times while he lay in bed.

The assailant, 34-year-old Justin Michaels of no permanent address, then exited the house. When he tried to re-enter through the front door, Fitzsimmons fired two shots, hitting Michaels once in the left upper thigh.

Michaels was treated for a bullet wound to his left leg at Kona Community Hospital and then released. Fitzsimmons did not require any medical attention for his injuries.

Michaels was initially arrested for burglary and Fitzsimmons for assault.

Both men are in police custody at the Kealakehe Police cellblock pending possible charges as detectives from the Area II Criminal Investigations Section continue the investigation.

Un-effing-believable

...let me clarify. was the guy thinking going back in a second time.  Bad shot to the leg 

What?  The home owner got charged with assault.  Wasn't he defending himself?  Does the CASTLE LAW apply here?

It's to be expected that he got cuffed and taken down to the station. The police need to do their thing and get everything sorted out.

The homeowner had no duty to retreat because it was his home. We'll see what comes of this.


On a side note, our Castle Laws are a very long read and could be confusing.
http://www.capitol.hawaii.gov/hrscurrent/Vol14_Ch0701-0853/HRS0703/HRS_0703-0304.HTM

Hawaii has castle law??  I thought there is none.

Yes, Hawaii has Castle laws covering your home and your workplace.

From what I thought I remembered, Hawaii had weak Castle laws, but I was wrong. They are a pretty strong protection (in your home and work only.) Check out the previous link for the text.

"Castle laws" are a broad, generic term for laws that assign a "special" consideration for actions taken in your home and/or business in response to crimes. Hawaii's Castle laws are relatively weak. While they allow you the option of not retreating from a threat in your home, it does not assign a presumption that the criminal who broke in is there with intent sufficient to justify the use of deadly force. Neither does it provide any protection from any subsequent civil actions brought forth by either the criminal or his survivors.

So, while you may not need to retreat from your home during a home invasion, in order to legally justify the use of deadly force you would have to be able to articulate the fear of death, great bodily injury, kidnapping, rape or forcible sodomy: the same justification as if you were out of your house. Many of the other states "castle laws" include a provision that if someone is in your home illegally, or entered by force, they are PRESUMED to be there with intent sufficient to warrant a response of deadly force by the homeowner/occupant. Many of them also have an exemption from civil liability.

These are some of the features of the "castle law" HRA tried to get passed last year......