Legal murder in the gun-happy West

Unarmed and Gunned Down by Homeowner in His ‘Castle’

By JACK HEALY, NYT

KALISPELL, Mont. — The last mistake Dan Fredenberg made was getting killed in another man’s garage.

It was Sept. 22, and Mr. Fredenberg, 40, was upset. He strode up the driveway of a quiet subdivision here to confront Brice Harper, a 24-year-old romantically involved with Mr. Fredenberg’s young wife. But as he walked through Mr. Harper’s open garage door, Mr. Fredenberg was doing more than stepping uninvited onto someone else’s property. He was unwittingly walking onto a legal landscape reshaped by laws that have given homeowners new leeway to use force inside their own homes.

Proponents say the laws strengthen people’s right to defend their homes. To others, they are a license to kill.

That night, in a doorway at the back of his garage, Mr. Harper aimed a gun at the unarmed Mr. Fredenberg, fired and struck him three times. Mr. Fredenberg crumpled to the garage floor, a few feet from Mr. Harper. He was dead before morning.

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