Maryland Man Shoots Home Intruder: Charged With Murder

Matthew Pinkerton (left)  was arrested in Maryland for 2nd degree murder for killing a man during a home invasionUncle Sam’s Misguided Children – by Jon Philip

“Why didn’t you call 911?” This is the only argument the State of Maryland has against Matthew Pinkerton. Matt is a Technical Sergeant in the U.S. Air Force. He shot and killed a home intruder by the name of Kendall Green, just before 2 a.m. on September 15, 2013 in the town of Glen Burnie, Maryland.

As reported by the Capital Gazette:  

“Pinkerton shot Green once in the chest from 10 to 15 feet away, but Green continued to advance toward him, his wife Jessica and two friends who were at the house, [Peter] O’Neill (Pinkerton’s attorney) said. That’s when Pinkerton shot him again. He died at the scene.”

The state has charged Matthew Pinkerton with 2nd Degree Murder. Their sole basis for this charge is that he should have called 911. There is no nationwide average response time for a 911 call, however unless they are faster than 1,310 ft/s, there really is no point in calling 911 in the case of a hostile home invasion. While the Assistant State’s Attorney, Glen Neubauer, maintains that he should have called 911, and that even the act of grabbing the gun in the first place is “bizarre behavior in itself,” Pinkerton’s lawyer, Peter O’Neill, said it best when he acknowledged that, “By the time 911 is called, he’s dead.”

Even the judge presiding over the case, the Honorable Judge Jonas Legum of the Maryland Circuit Court, admits that he finds it “amazing” that the probable cause statement provided to him by investigators is only a scant two pages long, with only two sentences pertaining to the shooting.

I interviewed Matthew’s brother, Michael Pinkerton, who was there the night of the shooting. In the interview, he defends his brother saying: “Matt is a family man that has no criminal record; he is a true symbol of what America stands for. He stands by his country and his family.”

When asked about that night Michael says:

“The night in question Matt feared for his safety. After closing the door on the gentleman, he [Mr. Green] chose to barge thru and enter the house. Matt told him several times to get out but he insisted to charge forward. Thus resulting in him getting shot.” He also adds that “The press is making it sound as though Mr. Green and Matt knew each other well but that was not the case.”

Since the incident, Michael says that he and his family have been harassed by the friends and family of Mr. Green several times.

“Since that night, we sit on the front porch as we always did, to enjoy our coffee and a cigar after dinner. The only difference is, now we occasionally have a drive by of friends of the guy shot yelling out ‘murderer.’” Michael added: “we are worried that once the trial begins, that if they are doing this now, what will it be like then?”

When asked if the family has any plans to relocate outside of Maryland, Michael stated that:

“Matt and Jessica are purchasing the home they live in. They have been here for 8 years. They have raised their kids in this community.” He added that ”They both are active members in the youth sports association for the area.” He also noted that “everyone has been very supportive except for the friends and family of Mr. Green.”

It seems that Mr. Green had an interest in Mr. Pinkerton’s wife. All of the evidence shows that Jessica Pinkerton was only interested in Mr. Green as a friend, but he wanted more. “When Jessica Pinkerton tried to end the relationship, Green continued to pursue it,” O’Neill stated.

Mr. Green arrived early on Sunday morning and staked out the Pinkerton residence. When he knocked on the door, Matthew retrieved his handgun, a Glock 17 9mm, and put it in his back pocket, as he was not expecting a visitor that evening.

Upon opening the door, Green identified himself and demanded to see Jessica. Matthew advised Mr. Green to leave and that he had no business being there.  When Matthew shut the door to diffuse the situation, Mr. Green broke the door in.

After being warned to leave, Mr. Green was shot once as “he was motioning to his waist band flipping his shirt” and he was shot again when he continued to advance, according to Michael.

“He kept coming forward so Matt fired. He rocked backwards and took another step forward at which time Matt took his second shot. He stumbled backwards and fell out the door onto the porch.”

Michael stated that Mr. Green was wearing a hoodie that night, making it impossible to verify if he had a weapon under it or not, and that both shots hit him center mass.

“When the shots were fired Jessica called 911,” Michael continued. “Matt spoke to the operator; he removed the clip from his gun and the bullet in the chamber. Police arrived within five minutes.”

Michael also wanted it to be noted that he “feels as though had it not been an election year, and the fact that the new gun laws went into effect in Maryland October 1st, that this would not be happening.”

Legal costs for the Pinkerton family have been mounting. According to Michael, “they already had to take out a loan for 25k to get him out on bond” and “now is lawyer fees are another 25k; all for defending his home and family.”

A fundraising page to help with legal expenses has been started on the website ‘Give Forward’ with the goal of raising $50,000 towards legal fees.

Eight of Matthew’s fellow service men and women showed up to support him at his bail review. When Matthew was released on bond, they took up a collection and gave him a card with $800 on it, which Michael said was “very gracious.”

I was also fortunate enough to obtain an interview with Jessica Pinkerton, wife of Matthew Pinkerton. Jessica is a veteran of the Air Force security service.

While Matthew was overseas serving in Korea, Jessica’s brother was in a horrific car accident and was in a coma for 11 days. Green was a friend of her brother who, along with other friends, volunteered to help Jessica with the kids and her brother.

Jessica told me that:

“His group of friends were very supportive to me and my mother and my husband was overseas (Korea) so I was a full time, employed, single mom of two boys, and my only help with the kids for after school was in a coma. I was also attending college full time online as well. These friends, including Green, began spending time at my home allowing myself to trade shifts at the hospital with my mom (my father passed in 2010). The only family here is my mom, brother, me Matt and the boys.”

She continued to describe her friendship with Green:

“Most of the friends began fading off the longer my brother remained in the hospital. Green, however, began fighting with his mom and needed a place to sleep. Matt and I have opened our doors to multiple people who needed a place to stay over our 15 years of marriage, so I allowed him to stay here. I also had a single mother with her two girls living here at the time as well.”

After a while, her brother was discharged from the hospital and into a rehab facility. Jessica’s life was also less complicated, as she had also finished school.

“I had finished my semester, and took the following semester off, so now it was all about his convenience [Mr. Green], he would have his friends over and they would party in the basement.”

As the time came closer for Matthew to come home, he advised Jessica to notify the houseguests that they were to find other accommodations. He felt as if, in Jessica’s words, that that “they took advantage of me long enough.”

When Matthew returned home, the mother and her two children had already left, but Green remained, so he asked Green to leave. At this point, Jessica informed me that “Green punched about 15 holes in the wall.”

“Basically,” Jessica summed, “Green was angry that Matt took away his ‘life’ when he returned home and told him he was no longer welcome here. Green had texted me sometime in July or August saying that he missed the kids, and Matt didn’t deserve us and that he deserved a chance. He wanted more.”

Jessica concluded our interview by expressing that: “What I’m maddest about is that you are not innocent until proven guilty, you are guilty and remain so, unless you can come up with the money to have someone fight for your innocence.

She also made this comment,”I don’t know if you know any of this, or if it matters, but Matt is an NRA life member; he coaches youth soccer and runs the Harundale youth soccer web page; he has built homes for Habitat for Humanity here in the local area. He gives a lot of his time to help others.”

I asked Michael if there is anything that the patriots who read Uncle Sam’s Misguided Children could do to help in addition to donating money. He said to ”send messages to the support page and let him know that they are supporting him,” adding that “there are days where he gets down on himself, and he needs to be re-affirmed that he did nothing that anyone else in the same situation would not have done.” He also worries about how this will affect his two young boys.

Incidents like this one are why many states such as Alaska, Wisconsin, and Iowa have Castle doctrines. A Castle doctrine allows you to use your best judgment in the use of deadly force, without “duty to retreat.” Maryland self defense laws state that one has the “duty to retreat or avoid danger if such means were within his power and consistent with his safety.”

When retreat is not practical in certain circumstances, such as in this case (where there were three other lives in the home to consider), Maryland law does not seem to expressly prohibit the use of deadly force; of course, this is all up to how the judge interprets the rule of the law and his interpretation of events. Rulings are always given the opportunity of an appeal in appellate court.

A status conference is currently set for December 13, 2013, and the jury trial is scheduled for February 11, 2014.

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14 thoughts on “Maryland Man Shoots Home Intruder: Charged With Murder

  1. That is insane police arrive after the fact usually the damage is done your only chance for survival is to be prepared for home invasion and handle quickly before you become a victim. I don’t have a gun but I have a can of wasp spray beside my bed. That is worse than pepper spray for you have to seek medical before you can see. Yahooooooo.

    Also from what I see you can become another victim once they arrive when they get done beating you up as that poor woman who called them for help. It is on you tube for all to see.

    1. Suggestion for you GNB be sure to test the wasp spray from time to time as the propellents have a half life like all chemicals so they can loose their ability to propel the chemicals at an attacker.
      I don’t know what your financial situation is like or weather or not you would like a gun or can get one due to local ordinance in your home but I would suggest at the very least to have a 9mm of some type they have a very small recoil and most if not all women can handle them no problem. Contact Armed Citizens Project maybe they can get you a shotgun 😉

  2. Did yall notice how he said that the act of grabbing the gun was bizarre?
    How in the hell is getting your gun to defend your home bizarre? BS. THey are conditioning us to believe that we are unable to protect ourselves.
    Hell, I sleep with one each night, Right now as I am typing this, I have withing reach of my desk many different weapons of various calibers if needed. I guess my actions are bizarre.
    The only problem I have with this guy shooting green is that he didnt use a .45 to avoid wasting three bullets on him. 🙂

    1. its “bizzare” because here in maryland, its against the law to shoot at home invaders unless they are in your bedroom threatening your life. You literally have to be a victim first to defend yourself or family. If not, you go to prison.

  3. I have to agree with you Bulldog. At the distance said, he would have only needed one .45.By the way, the reason i use a .45 is because they don’t make a .46.

  4. Awesome job defending your Famliy Matthew Pinkerton. I would do the same thing if an intruder entered my home.
    The intruder isn’t there for tea and crumpetts. The only thing that sucks is Matt has to get new carpet. GOD DAMB IT !!

  5. Yes, let’s all wait until the police show up 5 minutes late after our entire friends and family are dead. GREAT LOGIC, you dumbasses!!! And you call yourselves policemen?

    So first we have to wait until the fire department arrives to save your 5 year old son in a fire (only to let him die) and now we have to wait for the police to arrive in order to save ourselves from an intruder (luckily they survived). WTF???!!!!

    May these pigs burn in hell!

  6. Lets start with the Maryland Constitution which is the Judge’s, all state governmental employees contract, and MUST follow – except where it conflicts with the US Constitution and all that is in Pursuance thereof it.

    Preamble: We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more permanent security thereof, declare:

    Article 1. That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.

    Art. 2. The Constitution of the United States, and the Laws made, or which shall be made, in pursuance thereof, and all Treaties made, or which shall be made, under the authority of the United States, are, and shall be the Supreme Law of the State; and the Judges of this State, and all the People of this State, are, and SHALL BE BOUND THEREBY; anything in the Constitution or Law of this State to the contrary notwithstanding.
    (Legal contractual term. Caps are mine)

    Art. 3. The powers not delegated to the United States by the Constitution thereof, nor prohibited by it to the States, are reserved to the States respectively, or to the people thereof.

    Art. 4. That the People of this State have the sole and exclusive right of regulating the internal government and police thereof, as a free, sovereign and independent State.

    Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

    Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.

    Art. 29. That Standing Armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature.

    Art. 30. That in all cases, and at all times, the military ought to be under strict subordination to, and control of, the civil power.

    Art. 31. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, except in the manner prescribed by Law.

    Art. 32. That no person except regular soldiers, marines, and mariners in the service of this State, or militia, when in actual service, ought, in any case, to be subject to, or punishable by Martial Law.

    Art. 33. That the independency and uprightness of Judges are essential to the impartial administration of Justice, and a great security to the rights and liberties of the People: Wherefore, the Judges shall not be removed, except in the manner, and for the causes provided in this Constitution. No Judge shall hold any other office, civil, or military or political trust, or employment of any kind, whatsoever, under the Constitution or Laws of this State, or of the United States, or any of them; except that a judge may be a member of a reserve component of the armed forces of the United States or a member of the militia of the United States or this State; or receive fees, or perquisites of any kind, for the discharge of his official duties (amended by Chapter 61, Acts of 1990, ratified Nov. 6, 1990).

    Art. 44. That the provisions of the Constitution of the United States, and of this State, apply, as well in time of war, as in time of peace; and any departure therefrom, or violation thereof, under the plea of necessity, or any other plea, is subversive of good Government, and tends to anarchy and despotism.

    Art. 45. This enumeration of Rights shall not be construed to impair or deny others retained by the People.

    SEC. 8. The Governor shall be the Commander-in-Chief of the land and naval forces of the State; and may call out the Militia to repel invasions, suppress insurrections, and enforce the execution of the Laws; but shall not take the command in person, without the consent of the Legislature.

    SEC. 9. He shall take care that the Laws are faithfully executed.

    SECTION 1. The General Assembly shall make, from time to time, such provisions for organizing, equipping and disciplining the Militia, as the exigency may require, and pass such Laws to promote Volunteer Militia organizations as may afford them effectual encouragement.

    SEC. 2. There shall be an Adjutant-General, appointed by the Governor, by and with the advice and consent of the Senate. He shall hold his office until the appointment and qualification of his successor, or until removed in pursuance of the sentence of a Court Martial. He shall perform such duties, and receive such compensation, or emoluments, as are now, or may be prescribed by Law. He shall discharge the duties of his office at the seat of Government, unless absent, under orders, on duty; and no other officer of the General Staff of the Militia shall receive salary or pay, except when on service, and mustered in with troops.
    (If you are not aware, the militia is every able-bodied person over the age of 18)

    So if they are breaking the contract by denying him his natural right of self-defense and to be armed as militia to be called at any time needed – FIRE them.

    They can take the “people of the state of maryland” to court if they feel that they were erronously discharge for breaking the lawful contract they are under.

    From what I can see his actions were, and still are, lawful.

  7. the uni formed duh nut eaters and there queer masters are only upset they didnt get teh guy to profit from so now they will take all they can bleed from the guy defending himself and property
    the real reason we are armed on this land is for the uni formed known threat to your life and property that came after the first intruder was taken care of what is it gonna take for ppl to wake up havent you had enough bs yet or do you need a forced exam first if you dont think this will happen to you its just not your turn yet sit on your arse and wait when no one else is left to stop this bs your next

  8. I hope this guy owns the bastards that arrested him before this is over! How can this be happening in this country,perhaps because LEO’s are out of control and the corrupted courts are allowing it to happen? You bet it is!

  9. Grabbing the gun is bizarre behavior, what would the attorney general have done pointed at his wife and told the intruder “she’s all yours”?

  10. The soldier had every right to plug that intruder but the prior events seem a little shady on the wifeys part. What is a married woman with children doing letting some savage party with his friends downstairs in the basement while husband is on duty?? Obviously we don’t have enough information but it could appear as though she was acting improper while the poor soldier was gone. It seems like the intruder had some heart break which propelled him through the door. He still deserved to be shot, don’t get me wrong, but the wifey wasn’t making the most respectable decisions, that seems obvious, who knows?

  11. So it turns out that the soldier did suspect his wife of cheating. The plot thickens and the details are a little more grey when you read the reporting from the local paper. The soldier had to come home early due to suspicion and found his adulterous wife with Green. What a savage! Author Jon Phillip does a disservice to his readers by concealing additional facts of the case, just to make it appear as though it was a clear cut case of home/self defense. I can see why the law agency would do further investigations. Really it boils down to a low-life scandalous wife.
    Check out the local reporting:

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