Castle Doctrine and Stand Your Ground (Still) Do Not Allow You To Murder People

Dateline: Fort Edward, NY, 24 January 2024

Headline: Man Found Guilty of Murder in Wrong-Driveway Shooting in Upstate N.Y.

Read the New York Times story on Kevin Monahan being found guilty of second-degree murder for killing Kaylin Gillis by shooting a 20-gauge shotgun from his Hebron, NY porch into a car she was riding in that had mistakenly gone down his driveway and was in the process of leaving.

Convicted Murderer Kevin Monahan in court. Pool photo by Will Waldron

This story merited attention in and of itself but received even more because it happened very soon after 16-year-old Ralph Yarl was shot (though thankfully not killed) after approaching the wrong house in Kansas City while trying to pick up his siblings.

At the time, I wrote an opinion for The Hill in which I argued that “Stand Your Ground laws do not allow you to ‘shoot first and ask questions later.’” (I also noted that the cases of Kaylin Gillis and Ralph Yarl do not even fall under “stand your ground” since they did not take place in public spaces.)

I continued,

From where I stand, shooting someone through the locked glass of your front door or at a car in your driveway does not rise to the reasonableness standard required by self-defense law. These cases are reminiscent of the killings of Renisha McBride in Detroit and Jordan Davis in Jacksonville. Both shooters claimed self-defense but are now incarcerated for murder.

And so Kevin Monhan joins Ted Wafer and Michael Dunn (and Markus Kaarma and Byron David Smith) in jail for murder – notwithstanding their claims of self-defense.

As in all of these cases, these legal decisions represent partial justice as the murderers live while the victims are gone forever. But better than nothing.

I make a general point of not blaming all gun owners for the stupid and/or criminal actions of some, but I have to point out (as I have before) the utter stupidity of signs like “I Don’t Dial 9-1-1” and “Protected by Smith & Wesson” and “Warning: We Shoot First and Ask Questions Later.”

I don’t know what was in Kevin Monahan’s mind when he fired at a car in his driveway, but I would not be surprised if it was sentiments like these.

As I said in an earlier “Light Over Heat” video, if you have one of these signs, you should take it, shine it up real nice, turn it sideways, and shove it right . . .

. . . in the trash.