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Man Charged After Firing Six Shots at Backyard Intruder
July 17th, 2007 @ 12:30pm
Tom Callan, KSL Newsradio

Michael Wilder, 66, is charged with attempted murder for shooting at an intruder.

Roy Police say Wilder picked up his 9 mm handgun and fired six shots at Kori Scott; even as Scott hopped his fence to run away.

Scott was not injured in the July 11 incident. He twice tried to run away when Wilder confronted him, according to court documents. "Stop or I'll shoot," the homeowner said, according to the documents. Wilder fired two shots, followed by four more, police said.

Roy Police Chief Greg Whinham says, "The individual was simply in his backyard, by all accounts, was just getting ready for a perceived, imagined barbecue."

Whinham says Wilder went too far to get rid of the intruder. He says, "To use deadly force, someone must be coming into your home in a violent or tumultuous way."

Police say Scott has a history of mental problems.

(The Associated Press contributed to this report.)
http://www.ksl.com/?nid=148&sid=1494525

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There's not an overabundance of information in this article but it would seem that the homeowner made a series of poor decisions in this incident.
 

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Car Knocker said:
Whinham says Wilder went too far to get rid of the intruder. He says, "To use deadly force, someone must be coming into your home in a violent or tumultuous way."
Uhhhmm... not really.

Though firing six shots at somebody while they're high-tailing it out of there is pretty stupid. Bullets don't disappear. They go somewhere.
 

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Bullets don't disappear. They go somewhere.
Through the fence, the neighbor's pool, the neighbor's chair. Mr. Wilder's judgement in this incident is severely lacking.

Man Charged for Shooting at Backyard Intruder
July 17th, 2007 @ 10:00pm
Whit Johnson Reporting

A Roy man faces attempted murder charges for shooting at another man who was trespassing in his backyard. The intruder wasn't hurt, but the story has generated hundreds of differing opinions over home owner's rights.

Everyone we spoke to seems to agree that the man who opened fire in this case likely broke the law, but some argue it's too easy to own a gun in Utah without knowing those laws first.

Honey Hill lives next door to the scene of the shooting. She says, "This was labeled number one, number two, number three, number four. Another one hit the pool. One shattered the chair."

Her next door neighbor Michael Wilder opened fire at a trespasser, sending six bullets toward her home. "Our propane tank was right there. It could have hit and blew up our house. And I have a baby inside, you know you never know," Hill said.

The incident happened around 4:00 in the morning on July 11th. Police say Kory Scott was delusional and possibly under the influence of alcohol and drugs when he entered Wilder's backyard.

Roy Police Chief Greg Whinham said, "There was no threats that we know of or that were articulated to anyone toward any persons."

After Wilder gave Scott several commands, Scott turned and made a run for the fence. That's when Wilder opened fire.

Clark Aposhian, Chairman of the Utah Shooting Sports Council, said, "If a person is running away, your first clue should be, don't shoot."

Aposhian says the laws are very specific when it comes to protecting yourself. "The ability to use deadly force is greater the closer you get to inside your home."

As stated in statute 76-2-407, "The person reasonably believes that the trespass is attempted or made for the purpose of committing violence against any person on the real property."

Steven Gunn, with the Gun Violence Prevention Center of Utah, said, "You ought to stop and consider the fact you're shooting and trying to kill a human being. Why? Because he's on your space. What possible justification can there be fore that?"

Michael Wilder spoke to one of our reporters and said he's making the news because of a bad judgment call. His fate is now in the hands of the Weber County courts.
http://www.ksl.com/index.php?nid=148&sid=1494525
 

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Very bad move. If one tries to apply the "reasonable man" yard-stick to this situation (at least as reported in the article), it would be very hard to come up with any justification for discharging the gun.

It doesn't look like the home owner was in immediate, reasonable fear for his life. Not justified.
 

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If Mr. Wilder is convicted of attempted murder, he will never own a firearm again, legally anyways. He did act irresponsibly. I do not feel sorry about him losing his gun rights. However, none of us were there. The other guy, Mr. Scott, is reportly a lunatic and may have been under the influence of a drug. I don't know how big Mr. Scott is (300 lbs. and 6'4") or what. I can understand Mr. Wilder having an adrenalin rush, dealing with an irrational lunitic on your property, not knowing if the guy is going to snap at any minute and attack you, but that still does not excuse firing six times at a fleeing person. I suspect things happened quickly and he overreacted.

The guy is 66. He is probably senile.
 
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