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.