A Salt Lake City man was arrested for aggravated assault for defending his aging mother-in-law’s vacation home from an intruder.
The stake out
51 year old Glen Decker and his wife are caretakers of his mother-in-law’s home in Salt Lake City which is used mainly for vacationing. Upon regular inspection of the home, the Decker’s realized that someone had been breaking into the residence. To put a stop to the burglary, the vigilantes armed themselves and hid out in the dark unlocked home; hoping to catch the thieves red-handed.
Bait, set, trap
The potential repeat offenders took the bait of an apparently vacant home and let themselves in unlawfully, only to be confronted by the Decker’s waiting inside. With a gun in hand, Glen Decker ordered the two thieves to stay put until police arrived. The female suspect complied, while the male suspect decided to make a run for it instead. As the intruder tried to flee the home, Decker shot him once in the abdomen. The chase continued outside the home as the runaway burglar made it to his get-away car only to have the vehicle shot at multiple times by Decker. The suspect later checked himself into the hospital in serious condition for a single gunshot wound to the stomach and Glen Decker was arrested for aggravated assault and weapons charges.
Stand, not chase
Utah has a stand your ground law detailed in Utah Code 76-2-402 allowing residents to protect themselves or others from danger by using deadly force if needed. What some may not realize is this does not give permission to be confrontational. The stand your ground law only applies if “the person reasonably believes that force is necessary to prevent death or serious bodily injury”. If a suspect is not posing an immediate threat, there is no justification in using deadly force; stand your ground laws would likely not apply for someone who is chasing an unarmed party.
La casa de mi familia
While Utah may not encourage residents to chase and shoot persons who are committing a non-violent crime, there are laws allowing homeowners (and possibly caretakers) to protect their place of residence from intruders. This is known as Castle Doctrine. Utah’s version of Castle Doctrine is found in Utah Code 76-2-405 which discusses “force in defense of habitation”. This law has certain stipulations that must apply in order to use potential deadly force in defending a home. The resident must believe that force is necessary to prevent a violent intruder or to “prevent the commission of [a] felony” in the home. Also, “the person using force or deadly force in defense of habitation is presumed ( . . . ) to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury ( . . . )”.
Granted breaking and entering is against the law, it does not allow a person to detain a suspect with physical force or violence. If a violent intruder tries to enter your home, stop them; if they attempt to retreat, let them. It is not up to everyday residents to take the law into their own hands unless they feel they are in danger. When someone’s actions have the potential to cause unnecessary serious bodily harm or death, that person may face charges of aggravated assault. Someone found guilty of aggravated assault faces the same penalties as the individual facing burglary charges. Both are considered third degree felonies punishable by up to five years and prison and a possible fine of $5,000. Anyone facing charges stemming from an attempt to stop an intruder should contact a criminal defense attorney immediately to avoid serving time behind bars with the burglar.