Tuesday, January 8, 2013

Mistaking him for a burglar, man unintentionally shoots and kills brother

65-year-old Al Dastmalchi, of Wilmington, North Carolina heard the sound of glass breaking at his front door. He grabbed a handgun and went to investigate. He told police that he saw "someone lunging at him with a spiked object in his hand" so he fired his gun.
After firing his gun Dastmalchi turned the front porch light on.
It was then he discovered that he had shot his 63-year-old brother, George.
George was shot in the chest and later died at the hospital.
According to police, they had been called to the home earlier in the evening for a domestic disturbance. George was taken to the hospital for "severe intoxication" but was later released.
Police noted that under North Carolina's Stand Your Ground/Shoot First law, people are allowed to use deadly force if they feel their lives are being threatened on their own property. There is nothing in the law that requires you to verify your target (turn on the front porch light) before shooting.
No charges have been filed.


Anonymous said...

Truly unfortunate, but do you really think the homeowner had time to start fully illuminating the area to identify the target?

At distances of approx. 20 feet, an attacker can be on you within 1.5 seconds. No time to call 911, turn on lights, verbally warn, etc. You're forced to act.

"Mistaking him for a burglar"? Uh, the guy was BREAKING INTO the home with a tool/weapon later at night (as the domestic disturbance was earlier in the evening.) Not exactly an act I'd interpret as "oh brother, I'm home." Related or not, the brother was a threat.

Again, a sad situation.

Anonymous said...

Of course not. Don't bother to identify what your shooting at. When you hear a noise in your house. There is no way it might be a relative. It must be a thug. Because the world is full of thugs who want your stuff. There will be plenty of time after the shooting to turn on the lights and figure out if you shot your son, or wife, or brother.

Anonymous said...

Did you even read the post? Investigating the sounds of the break in, he saw "someone lunging at him with a spiked object in his hand." He was being attacked by a person with a deadly weapon and he responded. Instead of justifiable self-defense, this could've been a murder scene. Does being a relative ever make that ok? Ever hear of domestic violence?

I've read other posts on this site where it seems more could've been done to warn, identify, etc., and it has resulted in injury or death. As far as the original post details, this isn't one of them.