KC man charged after shooting burglar

Wednesday, January 26, 2011

KANSAS CITY, Mo. (AP) — A Kansas City man who fatally shot a man who was taking a go-kart out of his backyard has been charged with second-degree murder.

Jackson County prosecutor Jim Kanatzar says a Missouri law that allows homeowners to use deadly force if they believe they are in danger does not appear to apply to the case of 46-year-old Oscar Cerna.

Cerna killed 43-year-old Ephram Merrit-Esquivel on Saturday after seeing him taking the go-cart from his yard.

The Kansas City Star reports that Cerna had called police three times in the last six weeks to complain about prowlers near his home.

Kanatzar says it appeared Merrit-Esquivel was leaving Cerna’s property when he was killed and was not a threat to Cerna. He says a jury will determine if Cerna’s actions were justified.

More like this story

Sipowitz 2 years, 3 months ago

lesson: don't steal.

JCLifer 2 years, 3 months ago

A property owner doesn't have the right to protect his property?

Call the cops, but when seconds count, the cops are minutes away.

MK 2 years, 3 months ago

I hope the jury rules in favor of the shooter who was protecting his property but I can also see why the State Laws are vague when it comes to this exact kind of issue. If we are going to allow a man to shoot another in this situation, than we should be able to expect business owners to shoot suspected shop lifters as well because its pretty much the same thing.

This man who is arrested for murder should have just let the guy go with the go cart because its alot better to lose a go cart than roll the dice with some prosecutor who is bent on trying to put you behind bars for possibly the rest of your life. Even if he beats the charge, he is going to lose far more than the value of his belonging. I feel bad for the guy trying to protect what is his and hope the courts or the jury does the right thing and gives him his life back.

JMO 2 years, 3 months ago

I don't believe the laws are vague at all. "A person may not use deadly force upon another person unless (1) He or she reasonably believes that such deadly force is necessary to protect himself, or herself or her unborn child, or another against death, serious physical injury, or any forcible felony; (2) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter a dwelling, residence, or vehicle lawfully occupied by such person; or (3) Such force is used against a person who unlawfully enters, remains after unlawfully entering, or attempts to unlawfully enter private property that is owned or leased by an individual claiming a justification of using protective force under this section." (paraphrasing, section 563.031 of the Missouri statutes.)

News Tribune