{"id":73052,"date":"2017-06-27T11:32:45","date_gmt":"2017-06-27T15:32:45","guid":{"rendered":"http:\/\/valorguardians.com\/blog\/?p=73052"},"modified":"2017-06-27T11:32:45","modified_gmt":"2017-06-27T15:32:45","slug":"green-beret-not-guilty-in-co-home-defense","status":"publish","type":"post","link":"https:\/\/www.azuse.cloud\/?p=73052","title":{"rendered":"Green Beret “not guilty” in CO home defense"},"content":{"rendered":"

Fox31<\/a> reports that a jury found Michael Galvin, 35, an Army special forces soldier not guilty in the negligent homicide death of Robert Carrigan who Galvin found stealing his stuff in a building not attached to his home back in 2015. <\/p>\n

The prosecutors tried to narrowly define the “stand your ground” or “Make My Day” law to apply only to a home and because the garage was not part of Galvin’s home, they contended that he had no right to shoot Carrigan in self-defense.<\/p>\n

Prosecutors argued the Make My Day law did not apply because Carrigan did not enter Galvin\u2019s home.<\/p>\n

Defense attorneys argued Carrigan lunged for Galvin\u2019s gun before the shooting.<\/p>\n

\u201cI think the jury sent a clear message today that if someone is coming onto your property and is stealing things, you have the right to shoot them,\u201d defense attorney Jeremy Loew told KRDO.<\/p>\n

\u201cYou have the right to defend yourself or your family, and your property.\u201d<\/p>\n

\u201cWe\u2019re disappointed,\u201d District Attorney Dan May said. <\/p><\/blockquote>\n

From the Colorado Springs Gazette<\/a>;<\/p>\n

During trial, Galvin’s attorneys highlighted Galvin’s military training in arguing that he knew how to identify a deadly threat. They argued that evidence showed Carrigan “lunged” for Galvin’s pistol in the dark, forcing the homeowner to defend himself. They also accused the prosecution of mischaracterizing autopsy findings to support their theory that Carrigan was shot in the back.<\/p>\n

The encounter happened in a garage set back 25 feet from Galvin’s house after he saw his bicycle lying in the backyard and went back to investigate.<\/p>\n

The negligent homicide count alleged that he was guilty of a “gross deviation” from what a reasonable person would do in his place. Prosecutors said he should have waited in his house and called police, or else used his pistol to hold the intruder at bay.<\/p>\n

A former member of the 10th Special Forces Group at Fort Carson who now serves in the Colorado Army National Guard, Galvin could have faced up to three years in prison if convicted.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Fox31 reports that a jury found Michael Galvin, 35, an Army special forces soldier not guilty … Green Beret “not guilty” in CO home defense<\/span>Read more<\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[226],"tags":[],"class_list":["post-73052","post","type-post","status-publish","format-standard","hentry","category-veterans-in-the-news"],"_links":{"self":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/73052","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=73052"}],"version-history":[{"count":0,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=\/wp\/v2\/posts\/73052\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=73052"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=73052"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.azuse.cloud\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=73052"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}