Minnesota homeowner gets 90 days in jail after killing man

Yahoo News

ST. JAMES, Minn. (AP) — A Minnesota man who shot and killed a suspected burglar was sentenced Tuesday to 90 days in jail by a judge who said the homeowner opened fire “out of fear and maybe some stupidity.”

David Allen Pettersen, 65, of Madelia was sentenced in Watonwan District Court after pleading guilty earlier to dangerous discharge of a firearm. He originally was charged with manslaughter.  

Pettersen also received a one-year prison sentence, which was stayed, two years’ probation and 100 hours of community service, the Mankato Free Press (http://bit.ly/2sNfScd ) reported.

Pettersen fatally shot 19-year-old Nicolas Embertson of Madelia on Jan. 28 when he fired at a vehicle that was fleeing from his home. Two others in the car have been sentenced on burglary counts. One of the others said they had intended to burglarize Pettersen’s home.

“I take no satisfaction from his death and I will carry that awful responsibility with me for the rest of my life,” Pettersen said in court. He buried his face in his hands after reading his statement.

Embertson’s mother, Tracy McCabe, said in a statement that Pettersen “consciously took the law into his own hands.” She described her life since her son’s death as “endless sadness and lifelong hell.”

Pettersen said an uninvited person on his deck had frightened him in the early morning. He said he grabbed his gun and went outside into his driveway where he said a car rushed at him.

“It was obvious the driver was trying to run me down,” Pettersen said.

But McCabe pointed out that the bullets were found in the side of the car.

“My son was not a threat to him,” McCabe said. “My son did not enter his home. He was given a death sentence.”

Defense attorney James Fleming told the judge that Pettersen pleaded guilty “because he feels responsible to an extent even I disagree with.” Fleming asked the judge to order home confinement instead of jail time.

Judge Gregory Anderson said he was convinced Pettersen is remorseful. He said he weighed Pettersen’s remorse and lack of any criminal record in deciding to order a jail term shorter than the 180 days recommended in a presentence investigation.

“I do not perceive him as a threat to public safety,” Anderson said. “He acted out of fear and maybe some stupidity.”


Information from: The Free Press, http://www.mankatofreepress.com


8 thoughts on “Minnesota homeowner gets 90 days in jail after killing man

    “Embertson’s mother, Tracy McCabe, said in a statement that Pettersen “consciously took the law into his own hands.”

  2. If the Judge in this case had any integrity
    He would have set this man free with a message to the Theifs Mother
    That this is what happens to people who are theifs , and the message to the home owner
    Next time shoot the other bastards too

    The two other theifs in this case , are the only ones responsible for any of the death that occurred from their actions
    This man is only greving because these punk jerks forced him to protect his family when he wasn’t prepared to do that job
    He ownes none of what happened to this gang of thugs

  3. Embertson’s mother, Tracy McCabe, said in a statement that Pettersen “consciously took the law into his own hands.”

    As should every American National!

    The law, what law? The “law” of the cops? The law that says cops can kill with immunity, that law?

    The law that says call 911 and wait for cop killers to show up after the crime is committed and possibly end up with your dog dead, or worse, the person who called 911.

    I say, everyone applaud Pettersen and take the “law” consciously into your own hands whenever someone poses a threat to your sacred property being your life.

    Petterson, you are a man with a conscious and guts, don’t feel bad, but even this shows you respect life, but when having to protect it, you won’t hesitate.

  4. My dear Tracy McCabe-It is parents like you that have raised a generation of people who take no responsibility for their actions. You run to the government indoctrination centers to defend your little brats when they are disrupting or hurting other classmates. “My little Johnny wouldn’t do anything wrong.” Parents like you are the enablers who allow kids to do as they please, with no repercussions for their actions. Then you wail and cry when they are killed or injured while committing a crime on someone else’s property. You are reaping what you have sown.

  5. Mr. Pettersen knows you don’t rely on others to do for you that which your are capable of doing for yourself, which demonstrates a worthy work ethic.

  6. The law of self defense, the unalienable law, the law no man can give nor take away, the law of nature each man possesses and needs no permission to exercise.

    Mr. Pettersen exercised “THE” law.

  7. LoL. That dumba$$ judge just labeled every cop in this country a stupid coward.

    “out of fear and maybe some stupidity.”

    Looks like stupid coward to me.

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