State ex rel. D.P.B.
2003 La. LEXIS 1610, 846 So.2d 753 (2003)
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Rule of Law:
Under Louisiana's justifiable homicide statute (La. R.S. 14:20(4)), the use of deadly force against an unlawful intruder is only justified if the resident has an objectively reasonable belief that such force is necessary to compel the intruder to leave. This reasonableness is determined by the totality of the circumstances, including the relationship between the parties, the nature of the entry, and the availability of less-lethal alternatives.
Facts:
- D.P.B. and J.P.R. were best friends with a history of engaging in wrestling-type physical fights, after which they would always reconcile.
- On the evening of October 3, 2000, J.P.R. became heavily intoxicated while with D.P.B. and other friends.
- While in the back seat of a car, D.P.B. and the intoxicated J.P.R. had a physical altercation, during which D.P.B. allegedly threatened to kill J.P.R.
- After being dropped off at his home, D.P.B. was home with his sleeping father and older brother.
- Around 2:00 a.m., J.P.R. drove to D.P.B.'s home and entered the house through an unlocked carport door.
- D.P.B. retrieved a .30-30 hunting rifle from the fireplace mantle, loaded it with two rounds, and warned J.P.R. to leave or he would be shot.
- According to D.P.B., J.P.R. grabbed the barrel of the rifle, a struggle ensued, and the weapon discharged, fatally wounding J.P.R. in the abdomen.
Procedural Posture:
- The juvenile, D.P.B., was adjudicated a delinquent for the crime of manslaughter by a juvenile court, which acted as the court of first instance.
- D.P.B., as appellant, appealed the adjudication to the Louisiana Court of Appeal.
- The Court of Appeal reversed the juvenile court's adjudication, finding that the state had failed to prove the homicide was not justified.
- The State of Louisiana, as petitioner, sought a writ of certiorari from the Supreme Court of Louisiana to review the appellate court's decision.
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Issue:
Is a homicide justifiable under La. R.S. 14:20(4) when a resident uses deadly force against an unarmed, heavily intoxicated best friend who made an unlawful but non-forcible entry, where the two had a history of non-lethal physical altercations?
Opinions:
Majority - Traylor, J.
No. A homicide is not justifiable under these circumstances because the resident could not have reasonably believed that deadly force was necessary. La. R.S. 14:20(4) is not intended to justify the killing of a person for a mere trespass, especially when the intruder is an unarmed, intoxicated friend. The court reasoned that an objective review of the facts did not support D.P.B.'s claim that he reasonably believed deadly force was necessary. The court highlighted the history of non-lethal fighting between the two friends, J.P.R.'s unarmed and intoxicated state, the non-forcible entry, and the existence of reasonable, non-lethal alternatives, such as waking his father, locking the door, or engaging in another physical fight. The statute eliminates the duty to retreat but does not eliminate the requirement that the belief in the necessity of deadly force be reasonable.
Analysis:
This case significantly clarifies the 'reasonable belief' standard within Louisiana’s 'shoot the burglar' statute, establishing that the justification is not absolute for any unlawful entry. The court's decision narrows the application of the castle doctrine by requiring a fact-intensive, objective inquiry into the circumstances surrounding the use of deadly force. It prevents the statute from being used as a shield in situations where the 'intruder' is not a genuine, violent threat, such as in a dispute between friends. This precedent requires lower courts to scrutinize the shooter's belief for objective reasonableness, considering factors like the relationship between the parties and the availability of non-lethal options, thus limiting broad immunity for homicides committed within a dwelling.
