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WWL>Topics>>5-16 6:45am Tommy, Merritt Landry free and clear

5-16 6:45am Tommy, Merritt Landry free and clear

May 16, 2014|

District Attorney Leon Cannizzaro's office has refused chargest against Merritt Landry, the Faubourg Marigny homeowner who shot an unarmed teenager in the head after the teen jumped a fence to get on Landry's property. Tommy talks to Loyola Law Professor, Dane Ciolino, if this was the right move.

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Automatically Generated Transcript (may not be 100% accurate)

Tommy Tucker -- WL talking about -- Landry not being indicted by the DA's office and he's not gonna. Well -- indicted by the grand jury saying he's not gonna pursue any. More charges against Mary Landry in Andy's gonna I guess drop the matter before the grand jury didn't -- Alina joins -- right now a friend. A professor of law over at Loyola law school morning Dana you -- Thanks for taking the time when he can when it comes in this whole case legally. It did bill do the whole thing turn on. Coulter being arrested again for burglary. Follow up is that part of the eight -- militants properly you have to. Also. The equipment that that we learned about the upper. That Colbert had apparently not on the court opening. -- -- Atlanta Braves seven that are much more of -- evident that much more important part about them. -- -- -- -- -- -- -- -- Cope with the job while in the driveway of that from. So in terms of the law. -- -- -- -- -- -- line don't come -- would be but if somebody tries in your house and then they try to break in the year car. Do you have to wait for them to get back in the year house or. -- can you guns they get out of my yard opened the door and then if you feel threatened shoot a modest solid work legally. Oh yeah very strong apple -- -- which we mental. Faculties and the the for what they call on are on the are all so good at it from different weather. The there -- that person was shot and I -- reluctant to call. -- Thought it was shot on it and you -- oh. Or your car. If it's your house burned. Range of justification is much broader them. And your car you could protect them -- so much greater degree than he -- we've got -- So I guess let me let me make it actually here if I'm at home and so many tries to get in my housing -- -- doorknob whatever try to open a window and can't then -- go to my car. And I get the gun out at that point. Do I have to call 911 and wait and if they try to you know the house again that's when I can. -- -- or is it yeah I guess I begin to gain is it -- the right to gun confront some body I don't think that's really what you wanna do but. Legally -- Well I'm an under all circumstances you can't use any more force than a reasonable and necessary under the circumstance about that overarching principle. But it somebody trying to get in your -- that you are believed that the forces necessary to prevent the entry. Then that you are justified in using even deadly force to stop the entry. Even if somebody starts tries again and then goes and looks at something else outside say -- whatever. Yeah you'd you have the right to open a door -- -- in front imminent if it leads they gunfire kill him. Well -- not that there are no longer trying to get in the year and get they have tried out but they're walking away. -- then. Ability to use -- what we call on the shoot the burglar statutes. Moshood intruder statutes. In the -- Bible. The vacation part. About it is that. So again it it's always the constantly developing situation not addicted to typical. Citizens who are making the decision to use a protective force. I could not pay a situation where like which goes on then the horse is justifiable. You have to watch probable situation develops and it. It could be -- because. -- -- the former intruder walking away well if you walk -- go to the patient using public. So in this case the forensics and guess and confirmed that Coulter we shot. At the car from a distance and at some point the homeowner Mary Landry had to have opened a window or door. Had to confront him -- fired a shot. But. Help them pointed out that local and or struck them. But you know committees who what what drove that decision -- call -- -- EA statement. It. There. Competence and the physical evidence that mr. Coker aren't there or are important -- -- outwardly. You -- down there and Cory -- in the windows -- -- -- And you're -- action then in. But apparently apparently not cooperate fully with the DA office that segment in the semi vegetative state. When it turns out he wanted and repetitive strain he was trying to break into that set out. And getting tax and it. Tom Coulter has some as a special needs Eddie's. A he has some mental challenges -- -- answer anything about -- on to say in the text that comment does that -- would that factor in this at all heard Fareed god forbid you know. Is somebody that's mentally challenged guys a break in the house and any perceive it as a threat -- -- Can do it every did you feel is necessary at the time. Well it. Call to every charge and apparently he may be charged with some of the more recent and and and not an earlier incidents. He -- Hitler could use that excuse some diminished mental capacity of the bill them. Lack of ability to determine right from wrong. But that's really only gonna be relevant with regard to. -- agent against him or our warrior -- I guess there's a homeowner you don't know you can pull from an evaluation on anybody even if you're ten companies to do that Jesus might try to bring any house. You know and a lot more on equal -- -- -- -- these are the four Dana appreciate your time a lot of talk entity in and thanks for coming on. Art and you -- ceiling you know professor bluntly no loss no.

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