http://www.empiretribune.com/articles/2 ... 786339.txt" onclick="window.open(this.href);return false;
(Not sure how long that link will work. If you don't get the full story, try looking for it in the "Most read" list.)
Excerpts with my commentary:
So, the boyfriend "abandoned the encounter." Good plan.Following the early morning argument between Mary Lou Flatt, 44, and her lover, the boyfriend reportedly went to a neighbor's home in search of a peaceful place to sleep, according to Bryant, who said the couple had "apparently been drinking throughout the night." Bryant declined to reveal the identity of the boyfriend.
But he didn't go somewhere she couldn't find him, and apparently didn't call LE when she showed up and started making threats."She told him if he didn't return home she was going to get a piece of farm equipment and ram it through the mobile home," Bryant said.
Hmmm...looks to me like she entered (PC30.02(b)(2) at the very least) the home with intent to commit assault, and did commit at least one felony (criminal mischief over $1500) in the process, so he shot at a burglar who had just used deadly force and was still in a situation where she could continue to use that force. There's no indication that the boyfriend had made it out of the house yet, so she also entered the occupied residence by force and without effective consent, invoking the presumption of reasonable belief in PC9.31(a)(1)(A).Bryant said the homeowner was able to get his son out the back door before Flatt allegedly drove the tractor into the mobile home.
In the heat of the moment, the agitated homeowner grabbed a gun and fired at Flatt, who Bryant said fled the scene before deputies arrived.
I'd be interested to see what the prosecutor does with this one. Unfortunately, since the homeowner's name isn't given, it might be a bit hard to track.Bryant said he will "let a grand jury decide" the fate of the embattled homeowner.
I really wish they'd given the name of that idiot, so I can make sure never to do business with him or any of his other "good employees."Meanwhile, Bryant said it was later determined that Flatt "had borrowed" the tractor from her employer, who refused to press charges since she was "such a good employee."
