Small Town News

No carte blanche for vigilantes

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One homeowner's 'defensible' action isn't a signal for more

When Pierce County Prosecuting Attorney Mark Lindquist decided last month not to file charges against a homeowner who shot and killed a suspected thief, his decision may have struck a chord with people living in certain rural areas who have had it with criminals. It remains to be seen if that chord evokes any hair-trigger reactions.

On June 9, Joseph Tobeck, 20, and another man were confronted by William David Morgan near Morgan's house in Roy. Morgan suspected the pair were stealing large metal pipes from a roadside in front of the house at about 10 o'clock at night.

That much is clear, according to Lindquist. What isn't clear to him is whether Morgan himself acted criminally or in legal self-defense in firing a shot that killed Tobeck. Lindquist said investigators learned that Morgan began shooting when he feared that a truck carrying Tobeck and his friend was going to run him over. The only other witness was the friend, who claimed he was hiding in the truck and didn't have a clear view of what happened. The friend also changed his account of the incident, according to Lindquist.

Based on the lack of firm evidence, homicide charges can't be filed against Morgan, Lindquist said in announcing his decision Aug. 20.

"We would have had to prove beyond a reasonable doubt that Mr. Morgan was not in fear of death or great bodily injury," Lindquist said. "Given the physical evidence in this case and the problems with" the credibility of the witness, "we sinply could not have carried that burden."

Lindquist also issued a cautionary note: Nobody should interpret this case to mean it's alright to be a vigilante. It simply means that, under state law, it was "legally defensible" for Morgan to open fire.

It's not an impossible stretch to imagine some people quietly or openly applauding the homeowner's actions and feeling vindicated in their own emotions through Lindquist's decision. They include people who might be incapable of violence but are disgusted and angry with criminals who prey upon the property of law-abiding citizens.

That sentiment was among the reasons for recent town hall meetings in the Roy and McKenna areas.' Some citizens angrily complained they feel outmatched by criminals. Lawmakers who met with them noted that it's legal to use deadly force in self-defense against someone who breaks into a home, but it's unclear if that also applies when suspects are outside or near a home.

Legislators have pledged to tighten self-defense laws in order to help the public feel safer. It's every bit as important to discourage any over-fhe-top vigilantism.

Editor Pat Jenkins writes The Dispatch editorials.



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© 2011 The Dispatch Eatonville, Washington. All Rights Reserved. This content, including derivations, may not be stored or distributed in any manner, disseminated, published, broadcast, rewritten or reproduced without express, written consent from DAS.

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