State v. Clothier
Kansas Supreme Court
753 P.2d 1267 (1988)
- Written by Rose VanHofwegen, JD
Facts
Lloyd Clothier (defendant) awoke in the night and saw someone reaching into Clothier’s car in the driveway. The person had broken the window and opened the car door. Clothier claimed concern because his garage-door opener was in the car, and he fired a warning shot, not intending to hurt anyone. Clothier saw someone run and said he fired a second shot at the ground to warn the person not to return. Fifteen-year-old Seanan Picard later died from a gunshot to the head. The prosecution (plaintiff) charged Clothier with involuntary manslaughter. Clothier countered that he had acted in defense of his property. The judge instructed the jury about Kansas law on when using force or deadly force is justified to defend property. The state requested an additional instruction that using deadly force was justified in defending property that was not a dwelling only if necessary to prevent an imminent threat of death or bodily harm. The trial judge declined to give the additional instruction, and the jury acquitted Clothier based on the theory that he acted in defense of his property. The prosecution appealed, arguing the instructions were unconstitutional under a recent Supreme Court decision.
Rule of Law
Issue
Holding and Reasoning (Prager, C.J.)
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