http://www.fox4kc.com/news/wdaf-nei...-thief-was-justified-20110125,0,3392677.story
KANSAS CITY, MO. —
Friends and neighbors are coming to the defense of a Kansas City, Missouri, man who police say shot and killed a would-be go kart thief in his back yard last weekend.
Oscar Cerna is charged with second-degree murder after he allegedly shot and killed a man that he says he saw taking a go-kart from his home near 11th and Belmont last Saturday morning.
Police say that Cerna told them that his barking dog woke him up, and he looked outside to see a man pushing his go-kart out of his yard. Police say Cerna grabbed a rifle, opened his window and fired two shots, hitting 43-year-old Ephram Merrit-Esquivel in the head, killing him.
Neighbors say that theft is common in the Sheffield area of Kansas City, and that you should be able to protect your property.
"I don't know if I personally would take it that far, maybe chase him with a bat or something but I think it's justified," said neighbor Jennifer Meeks. "I don't think they should charge him for anything actually. I think it should be legal. I thought it was."
Missouri's Castle Doctrine allows citzens to use deadly force to defend themselves from unlawful force by another. In this case, prosecutors say the would-be thief was leaving Cerna's property and posed no imminent threat. Neighbors concede they probably wouldn't have used deadly force, but say they would have taken action to stop the stealing.
"I don't blame him," said neighbor Todd Brown, Jr. "You have to blame the person who was stealing."
Neighbors told FOX 4 that they understand why Cerna felt frustrated. They say he had been targeted in recent months by Hispanic gangs who vandalized his home and stole his property.
Neighbor Lisa Jungo says that Cerna was a good neighbor, and says that many people in the neighborhood share his frustration with the crime that they say happens all around them.
"Hopefully all these idiots out here that don't want to go get a job and don't want to take care of their family on their own and want to steal other people's property, maybe that will scare them away and we'll be left alone for a little while," said Jungo.
Cerna remains in jail in lieu of $250,000 cash-only bond.
KANSAS CITY, MO. —
Friends and neighbors are coming to the defense of a Kansas City, Missouri, man who police say shot and killed a would-be go kart thief in his back yard last weekend.
Oscar Cerna is charged with second-degree murder after he allegedly shot and killed a man that he says he saw taking a go-kart from his home near 11th and Belmont last Saturday morning.
Police say that Cerna told them that his barking dog woke him up, and he looked outside to see a man pushing his go-kart out of his yard. Police say Cerna grabbed a rifle, opened his window and fired two shots, hitting 43-year-old Ephram Merrit-Esquivel in the head, killing him.
Neighbors say that theft is common in the Sheffield area of Kansas City, and that you should be able to protect your property.
"I don't know if I personally would take it that far, maybe chase him with a bat or something but I think it's justified," said neighbor Jennifer Meeks. "I don't think they should charge him for anything actually. I think it should be legal. I thought it was."
Missouri's Castle Doctrine allows citzens to use deadly force to defend themselves from unlawful force by another. In this case, prosecutors say the would-be thief was leaving Cerna's property and posed no imminent threat. Neighbors concede they probably wouldn't have used deadly force, but say they would have taken action to stop the stealing.
"I don't blame him," said neighbor Todd Brown, Jr. "You have to blame the person who was stealing."
Neighbors told FOX 4 that they understand why Cerna felt frustrated. They say he had been targeted in recent months by Hispanic gangs who vandalized his home and stole his property.
Neighbor Lisa Jungo says that Cerna was a good neighbor, and says that many people in the neighborhood share his frustration with the crime that they say happens all around them.
"Hopefully all these idiots out here that don't want to go get a job and don't want to take care of their family on their own and want to steal other people's property, maybe that will scare them away and we'll be left alone for a little while," said Jungo.
Cerna remains in jail in lieu of $250,000 cash-only bond.