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WWL>Topics>>5-19-14 3:35pm Angela: on shooting trespassers

5-19-14 3:35pm Angela: on shooting trespassers

May 19, 2014|

Angela talks with attorney Kevin Boshea, whose client Merritt Landry shot a 14-year-old trespasser on his property in the Marigny.

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Automatically Generated Transcript (may not be 100% accurate)

Well for our final half hour. What I meant metal -- we've had today but it's been interesting and I again and so appreciative Sandra Bullock. For joining us for that first half hour. What a wonderful friend she is wonderful friend to the senate. Very appreciated we're now gonna do our mental shift. -- -- call Mary Landry and shot a fourteen year old boy who had jumped over his fence and was in his yard. The homeowner was charged with attempted second degree murder. The boy was shot in the head but has recovered. And has since been picked up for several other attempted burglaries. Because of this most recent arrest DA Leon -- zero drop the charges against Mary Landry. Well here to talk to us about the evolution of the case. Is -- landry's attorney Kevin O'Shea and I do appreciate you being here very much thank you for having me. This was a very controversial from the get go. I think a lot of people sat there and said here's a homeowner coming out of this home kid in the yard not supposed to be there early morning. Reacts. There was also the thought of oh my gosh here's a white man killing or trying to kill a fourteen year old kid. So that laid a a difficult ground work from the beginning. You picked up the case after many others chose not to take it that's correct arm. I had heard that he was interest in hiring me and before accepted the case and literally sat. On my back porch at 1:45 in the morning I myself and I looked at my fence and thought about my own two small children. And my wife. I thought. If someone was invading my property. At 1:45 in the morning. And I had 12 to make a decision what I do. And then I realized that I should take the case -- and spoke to my wife and I says honey should take the case and she said cabinet could have been us. Take the case. And that's why accepted the case. -- you initially surprised. That he was. Charged. No I wasn't and I'll say why I think that in the aftermath of the trip on Martin's situation that law enforcement in particular we're going to act very cautiously. And we're going to perhaps a rest first and investigate later which is what happened in this instance are literally there was very little investigation. Initially from the and a PD perspective. Com I felt that they they had to act the way they did obviously I wish they had done more investigation and perhaps consult with the DA before resting mister Landry. But I understand the reaction. So the DNA of the two before the grand jury the grand jury. Makes no decision that is correct they -- call -- -- it means they failed to either charge or declined to charge mr. -- than putting it back into the DA's office that is correct and in the interim then what happens well. I believed and believe from the onset that by taking somewhat of an unorthodox approach to this particular case. And giving the district attorney who are tremendously respect the time to fully investigate the case and assisting him in certain ways. For example I provided him with access to mr. Anthony's home allowed its experts to come in and measure. Conduct various tests that they did. That ultimately mr. -- or would in fact reach the same decision that he made last week and that is that he would declined to prosecute mr. -- And so that was the approach it took so to me now about how mr. -- Well he's doing well I mean he's obviously very relieved home he. Is is back at work. There are some loose ends that need to be tied up but but he's coming he's been relieved of the burden of of staring at -- fifty year potential fifty year prison sentence and his family is tremendously relieved and has children are relieved and then it's. I mean a huge weight has been lifted off the Stanley Schulters. And he is actually moved from that home that is correct. It just it brought brought up the debate I guess we'll always have it's that 12 you're talking about. But what right to do we as homeowners have to protect ourselves and our families. We have the right. Two in fact protect individuals when infected violent act is is coming out this. Basically it's called a variety of things the castle doctrine and our justifiable actions and what have you. However the Louisiana legislature I believe is in the process of perfecting legislation that will in fact. Perhaps loosen that a little bit more insane than someone attempts to enter the household. Fiddles with the door attempts to open a window. At that point that the home can act if in fact he feels that himself or Stanley is being threatened. It's not necessary now and will not be necessary in future for the person actually crossed the threshold of the front door before action is taken. So that was the debate it was that that the young man was in the yard. So why did he have to shoot one of the concerns was was that he was in the yard and not actually entered the household but -- the actual facts. The facts are the mister Lander was asleep he works for the city. And he was awakened by his wife who was in bed about to deliver their second child she was nine months pregnant. And the dog was going crazy. And all the sudden he goes out he sees. Mr. Coulter. 25 feet away he is a clean line of sight at that point he does not fire he says stop stop get down get down. Mr. Coulter didn't respond when mr. Coulter ran from left to right towards a side door where his wife and children more. It was at that point to define the single shot. Those -- the natural for us. It was not a situation where. Hum he was outside the property -- have you and the area that was involved here. Was what we call in and legal terms a cartilage it was a part of his property they eat dinner out there it was like a patio area it wasn't. Separate part of his household that was literally as much part of his household as a as a front porch would be for you and. Stay with us everyone we're gonna continue our discussion with attorney Kevin O'Shea about the Mary Landry case will be right back I'm Angela under the WL. Attorney Kevin O'Shea is our special guest teams the attorney for Mary Landry who as you remember last week charges against him dismissed. After he shot a fourteen year old who was -- was. As you'll say mr. Boucher. Getting ready to enter his -- that score -- it's Anderson we're talking about there there's a wonderful guy who was administered. -- Auburn Wallace is presently in a coalition for change in seven at times Picayune article. You know -- Coulter the young man who shot is not another -- on -- And I don't think mr. -- woke up and said he wanted to -- a black person that morning. He used his right to protect his property at the time and I think that is the Genesis of the entire. Fought on this whole case. And but -- says it's a moral issue somebody has failed this child are we concerned enough about him to turn him around I think that's. As you were saying in the commercial. What we have to look at is why as a kid running around at 3 o'clock in the morning. I believe that there is a social responsibility. That we have here with respect to this particular situation. On behalf of martial culture and on behalf of the young people. A young person out at 3 o'clock in the morning in violation of curfew mean objectively is not up to any good. And that we as a community have to look at what can we do to avoid that not only terms of protecting our families and our property. But just to avoid a tragedy like this from happening in the future. And I think there's a lot that can be done. For example. More. More curfew enforcement -- to start. I understand the police departments manpower problems exist and I am fully cognizant and I represent policemen. However if a person sees somebody out at 3 o'clock in the morning pick up the phone notify the police maybe you can stop something like this company. If you see people that you appear to be up to no good discuss -- neighborhood watch meetings. If you see circumstances. Of which young people are involved in activities that appears to be highly suspicious. Get involved you can do it anonymously. But let's try to avoid these kinds of tragedies from happening in the future. That's -- I think we need to do -- it is a tragedy because it would have destroyed two families that's correct and what have we learned though from. From this case will it be more difficult to fit this scenario repeats itself. I think it will be perhaps equally difficult in the future. I think each case has to rise and fall on the set of circumstances. I would submit that had mr. Landry again walking down the street outside of its property and something like this had taken place. And perhaps the circumstances would have been different advocated in broad daylight as opposed to 1:45 in the morning circumstances would have been different. But I think that. It will be equally difficult in the future to be honest with you to deal with cases like this I don't see -- change. So there is no definitive. Unless the legislature changes. I'm projecting my home and and that should be forgiven but it's my appreciation that there are bills that are pending in the senate and house that will in fact somewhat. Loosened the requirements that individuals to physically entered the house. In order to justify your actions -- believe -- expanding. Kevin O'Shea thank you thank you very much for taking afternoon to explain this to us and done. And we we give our best to love mister Landry and his family they -- bunch of them thank you think we'll be right back.

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