Friday, April 07, 2017

ALTERNATIVE MEANING TO "DEAD DRUNK"

by Bob Walsh

Nathaniel Rosa, 31, had been out drinking with buddies in Belfair, Washington this past Friday night. Rosa was a school teacher and by all accounts a solid citizen. Most of his drinking buddies were in the service and about to deploy.

It seems that the house Rosa probably WANTED to enter and the house he actually entered were only two houses apart. They both had the same floor plan and the same general appearance, especially at night. At about 0500 Rosa stepped out for some air, and apparently re-entered the wrong house.

He ended up in the shower of the house belonging to Bruce Fanning, 59. Fanning shot Rosa three times thru the shower curtain, then called the cops. However, there were TWO residences on the property. Fanning found Rosa in the secondary residence, went to the primary residence, got a gun, returned to the secondary residence and THEN shot Rosa, allegedly after Rosa became verbally aggressive.

It seems that Rosa may have made a forcible entry into the residence. Fanning asserts there was a window kicked in.

Fanning is now under arrest. Washington law does NOT require that a resident retreat before a threat, but does require that the use of force must be reasonable and the threat must be imminent.

Off hand I would say that Fanning is going to have some trouble with this. Not nearly as much as Rosa though. Rosa was shot to death. The TRESSPASSERS WILL BE SHOT signs on the property may not help Fanning's legal position.

EDITOR'S NOTE: Since Fanning left Rosa in the shower and went to the other residence to get a gun before returning to shoot the showering drunk (now dead) teacher, he is most likely going to spend a lot of time in another residence - state prison.

1 comment:

Anonymous said...

Can you say premeditated?