The Use of Deadly Force
By Gregory Kielma
One-Room Castle
One-Room Castle
USCCA
A man renting a room in Madison, Wisconsin, was not always on good terms with his roommates. When one roommate forced his way into the man’s room and refused to leave, taking an aggressive stance, the defender shot and killed the intruder. Evidence from witnesses suggests the trespasser was drunk at the time. Concluding that the man’s room was his castle and therefore covered under the Castle Doctrine, the district attorney did not issue charges, releasing the man from jail.
In Review: While much is not known about the sequence of events, here is my analysis:
Legal: The district attorney wrote in a statement that the “law does not permit me to consider whether [he] had an ability to flee or retreat from this situation, and I am required to presume that [the defender] reasonably believed the force used was necessary.” In many states, there would be no similar presumption. Without such a presumption, it is doubtful the defender would be a free man.
Tactical: Taking a human life comes with a cost.
De-escalation techniques, retreat and verbal commands are all much better options for a defender in a situation like this, where other witnesses will testify that the pair “had a history” with each other.
Training: Developing the skills to handle high-stress scenarios like this one is crucial. Engaging in regular self-defense training that may include a focus on real-world situations or offer shooting simulations can build the reflexes and judgment needed to act effectively under pressure.
The FBI's Behavior Change Stairway Model (BCSM) consists of four stages: active listening, empathy, developing rapport and influence. These stages can ultimately affect someone's behavior. Are you familiar with this model, or are there other models or tactics you would use or have used to de-escalate potentially violent confrontations?