Posted: 3/29/2010 7:13:42 AM EDT
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This might end up being a "good" shoot, but what a tragedy all around!
Buffalo News Article Link Albany teacher fatally shot in Amherst Homeowner suspected man was an intruder By Dan Herbeck and Phil Fairbanks NEWS STAFF REPORTERS Updated: March 29, 2010, 9:41 am / Published: March 29, 2010, 6:58 am Amherst Police are investigating the death of an Albany school teacher who was fatally shot by a homeowner who claimed the teacher had broken into his home. David W. Park, 31, who taught at an Albany elementary school and was a Little League baseball coach, was shot inside a Millbrook Court residence shortly after 1 a.m. Sunday and was later pronounced dead in Millard Fillmore Suburban Hospital. Police said Park had been visiting friends in Amherst. His sister told The Buffalo News that Park was attending a "diaper party" for a close friend whose wife is expecting a baby soon. According to law enforcement officials, detectives are investigating reports that Park had attended the party at another home on Millbrook Court, had left the party for awhile, and then entered the wrong home. As of late Sunday night, no charges had been filed against the homeowner, whom police declined to identify. "I don't [know] why he ended up in the house," Amherst Assistant Police Chief Timothy M. Green said of Park. "Right now, it's a mystery to us." The shooter's attorney, Thomas H. Burton, said his client is badly shaken by the incident, but emphasized that, in his view, the man broke no laws. "Any way you look at this, it's a tragedy," Burton said, "but it isn't one that involved any illegal activity by the owner of the home. He and his wife are good citizens ... This is not something they wanted or expected." Burton said the homeowner and his wife were "sound asleep" when they heard someone entering their home. He said they did not know Park. The man's wife called 911 while the man pulled out a hunting shotgun he keeps in his home, the attorney said. "The homeowner repeatedly warned the individual who had come into the house that he was armed and he should leave," Burton said. "The authorities are checking the 911 tapes to verify those preshooting warnings ... When somebody comes crashing into your home at one in the morning, you don't have time for detached observation." Burton said his client and his wife — on his advice — spoke to police about the incident and allowed them to search their home without a warrant. "I would not allow that if I thought there was anything illegal associated with this shooting," the attorney said. Burton also declined to identify his client, but said he was a local construction executive with no criminal record, and his wife is a school teacher. Police released few details of the shooting, which took place in a normally quiet neighborhood in the Sweet Home School District, where homes frequently sell in the range of $150,000 to $200,000. Green said police found Park, who was suffering from a gunshot wound, when they responded to a phone call of an intruder inside the home. "We're talking to people in the neighborhood and people who were around," Green told reporters, "but what they're telling us, we're not going to make public right now." Green said police have spoken to District Attorney Frank A. Sedita III about the case and stressed that the investigation is ongoing. Park's sister, Stephanie Garcia Galagarza of Albany, said her brother was a loving, non-violent man who loved to work with children. "I was not there. I don't know what happened," Garcia Galagarza said. "I know he is not a burglar." She said she does know that her brother and his wife went to Amherst to celebrate with some friends who are expecting a baby soon. According to Garcia Galagarza, the women were at a baby shower Saturday night and the men got together for a "diaper party" at a home near the shooting location. "They were there to celebrate a life, a new baby," Garcia Galagarza said. "My brother was a mentor, a teacher, you name it." Garcia Galagarza said she has heard from others that her brother went to a party, then left the party to go outside for a while, and then went into the wrong house. "I can't say I am angry at the man who shot David, or that I hate him," Park's sister said. "I understand that a person would be scared if someone came into their home, but I don't think shooting somebody solves anything. Why couldn't this person just fire a warning shot?" The neighborhood is near Maple Road and Millersport Highway, just east of the University at Buffalo's North Campus. Millbrook Court, which runs off Millbrook Drive, has six houses in it, close together. Neighbors told The News they were shocked by the incident and are wondering what actually happened. "Amherst is ranked as one of the safest places in the country. We don't have things liked that happen here," said one man who lives nearby. Whether Park thought he was entering a party house or entered the house for some other reason is "not relevant" under state law, according to Burton, who is an expert on self-defense shootings. "What is important under the law is what was in the mind of the homeowner who is defending his property," Burton said. "This was a tragedy. The events that started it did not begin with the homeowner." |
| very unfortunate. looks like the guy alked into the wrong house. can't say things would have gone down any different if he came into my house at 1am uninvited. bottom line anyone comes into my home uninvited at any time and i warn them i am armed, they better leave or they aren't going to be having a good day. if you are from out of town and not sure where you are, intoxicated or what ever, you better be sure of who's house you are walking into. never know who you are going to come face to face with. |
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As for how the article is written, it appears to be a "clean shoot" Wonder why the guy did not respond to the verbal warnings That is one of the big questions I had. If he really did innocently enter the wrong house then why would he have not responded to the verbals? Also, the only way the whole 'wrong house' story could be plausible is if the front door was unlocked. Furthermore, the house he 'thought' he was going into was the supposed site of a party. Shouldn't the fact that the house he did enter was dark and quite have served as a clue? Some things don't seem to add up in the current account, but it still appears tragic nonetheless. |
Seems to be a clean shoot, I feel bad for all parties involved if it seems to be a simple mistake on the teacher's part.
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Here is a new article with a little more updated information. Strange stuff here:
Buffalo News Article Violent death of teacher rife with 'whys' Shooting inside a home perplexes all concerned By Dan Herbeck and Gene Warner News Staff Reporters Updated: March 30, 2010, 8:23 am / Published: March 30, 2010, 11:22 am In Albany, educators and students are mourning the shooting death of a popular, award- winning elementary school teacher. In Amherst, police are trying to determine how and why it happened. In a bizarre case that has touched off debate about using guns for home protection, 31- year-old David A. Park was fatally shot Sunday after he entered a stranger's home at about 1 a.m. Park was a fifth-grade teacher at Arbor Hill Elementary School in Albany, where his peers gave him a Founders Day Award last year for excellence in the classroom. "We are deeply saddened by this tragic news," said Albany School Superintendent Raymond Colucciello. "David Park was a loved and respected teacher with a strong commitment to his students and their families." No charges have been filed against the homeowner, identified by multiple sources as David D'Amico. The man told police that he thought Park was a burglar. He said he repeatedly warned Park that he was armed and told him to leave the premises. A blast from D'Amico's hunting rifle killed Park at the foot of a staircase leading toward the bedroom where D'Amico and his wife had been sleeping. As the investigation enters its third day, Amherst police and the Erie County district attorney's office are looking for answers to some perplexing questions: • Why did Park go into the D'Amico home early Sunday? • If D'Amico warned Park that he was armed and ordered him to leave, why didn't Park comply? • Was D'Amico within his legal rights to shoot him? "I don't know if we'll ever know why [Park] went into the house," Amherst Assistant Police Chief Timothy M. Green said Monday. "Maybe another person we can talk to will have an idea what went on." An Erie County grand jury is expected to examine the case, and authorities are waiting for the results of toxicology tests to determine whether Park was intoxicated when he entered the home. The fatal shooting took place on Millbrook Court, in a normally quiet neighborhood of well- tended homes in the Maplemere section of Amherst. Town property records indicate that D'Amico and his wife, Julie, have owned the home since February 2008, when they bought it for $160,000. According to his sister, Park and his wife were in Amherst to attend a party for two close friends who are expecting a baby. His sister said that it is her understanding that the party was at a Millbrook Court home close to the D'Amico residence. His family believes that Park had left the party for a while to go outside and then mistakenly entered the wrong home. Green declined to comment when asked whether it was possible that Park was intoxicated. He said he had not heard about speculation that Park could have been sleepwalking when he entered the D'Amico home. "I don't know what his motivation was for being in that house," the assistant chief said. "It's our job to get the facts, by talking to people and doing the crime scene investigation. Until we get autopsy reports and toxicology results, we're not going to know what was going on with David Park." Police have not yet determined whether the shooting was justified under the law, authorities said. Park was unarmed and entered the house through a rear door, according to sources close to the case. Thomas H. Burton, attorney for the couple in the home, and police declined to say whether the door had been left unlocked. Burton described the death as a horrible tragedy, but not one for which David D'Amico should be criminally charged. Under state law, a homeowner who has fear that his home is being burglarized has the legal right to shoot an intruder, Burton said. "This was a tragedy all the way around. My clients are continuing to cooperate fully with the Amherst police, and will cooperate with the district attorney," Burton said. "This is a rare case under penal law where I want the authorities to know every detail of what happened." Burton said the Millbrook Court couple were "sound asleep" when they heard an intruder enter early Sunday. While the woman called 911 to report the intruder to police, her husband grabbed his gun and repeatedly yelled out to the intruder that he was armed, ordering him to get out, Burton said. "Under state law," he said, "a homeowner who has an intruder coming into his home has the right to defend his property." His clients had never met Park before and had no idea who he was when he entered their home, Burton said. Park's sister, Stephanie Garcia Galagarza, told The Buffalo News that her brother was attending a "diaper party" on Millbrook Court on Saturday night to celebrate with a friend whose wife is expecting a baby. She said that she does not know why Park left the party and then entered the D'Amico home but that she is certain he had no criminal intent. "I can't say I am angry at the man who shot David, or that I hate him," Park's sister said. "I understand that a person would be scared if someone came into their home, but I don't think shooting somebody solves anything. Why couldn't this person just fire a warning shot?" Stephen J. Aldstadt and Harold W. "Budd" Schroeder, officials of the Erie County chapter of the Shooters Committee on Political Education, or SCOPE, said their group supports the rights of individuals to defend themselves in their own homes. "From my impression of the case, he was doing simply what he thought he had to do to protect his family," Aldstadt said. Schroeder, board chairman of SCOPE, said, "One of the basic human rights is the right to self-defense, whether you're an amoeba or a person. It's a God-given right, affirmed under the Constitution." Peter Hamm, a Washington spokesman for a gun-control organization, the Brady Campaign to Prevent Gun Violence, said, "We see cases like this several times a year, sometimes involving people who accidentally shoot their own spouse, their son or daughter," Hamm said. "It is likely that the individual who shot this teacher acted in a way that he feels was appropriate, but he may struggle with this emotionally for the rest of his life." Garcia Galagarza, who is also a teacher in Albany, said her brother was a graduate of Geneseo State College. She described him as an intelligent, fun-loving man who loved working with kids, including as a Little League baseball coach. "David loved teaching children — he lived and breathed it," she said. "He loved life, and it was abruptly and unfairly taken away from him by a tragic accident." Neighbors who live in and near Millbrook Court told The News that they were shocked. "I did notice that there was a party [on Millbrook Court]. There were a lot of cars parked in the neighborhood," said Niya Massop, 30, a teacher who lives nearby. "When I first heard about the shooting, I thought maybe there had been some kind of fight or argument at the party." Violence is rare in the neighborhood, Massop and other residents said, although several mentioned another disturbing incident that took place a few blocks away in February 2006. In that incident, dentist Joseph D. Matteliano, 64, was found fatally stabbed in his home on Kim Circle. A Buffalo teenager who knew Matteliano later pleaded guilty to manslaughter in the case. "The sleepy little neighborhood woke up to that incident on Kim Circle," said a neighbor who declined to give her name, "and now we woke up to this." |
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guy goes out and drinks...apparently very heavily
guy manages to enter a house, how is unknown guy enters the WRONG house, either be on purpose or accident of not knowing guy doenst heed warnings guy gets shot in another persons home The way the news first made it sound was pretty crazy, as they had NO information on the story, yet they aired it. They said a teacher was out in Buffalo visiting friends, he went out to a party and was found dead inside a house. They had no idea whose house it was or how he got there supposedly. Now the facts are starting to come out. If anyone invited themselves into either of my neighbors houses I am certain this would end the same way. I am glad the media hasnt made a huge circus of this in going after the home owners in the shooting. Even though the situation wasnt as they had viewed it, and was really a misunderstanding, it kind of goes to show that you can indeed defend your home against bump in the night uninvited guests, without being tossed into prison for life. |
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All the BS about the doors being unlocked..................... it bullshit. The house was probably pitch fucking black, with no cars in the driveway that would resemble a party. There is more to this, and the fucker was more than just drunk. Are you more informed than the rest of us, or are you just repeating more of the same "BS" that you speak of? Using words like "probably" makes me believe that you aren't, so let's wait for the real story to come to light. A person died, and another person took his his life. Drunk or not, it's sad for everyone involved. Quit playing the ARFCOM toughguy....have some compassion. |
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I was sitting next to a Maryvalle teacher tonight at the Sabres game and overheard him and his buddy talking about this...
Apparently this guy personally knew the shooter. I eavesdropped in hopes of learning more about this odd case. According to the 911 call the wife of the shooter/homeowner (Dave) called 911 when they heard the intruder. Homeowner (Dave) had two dogs barking inside the house like crazy as well. Homeowner (Dave) yelled he was armed and to leave the house or he would shoot. Repeated those words a second time before firing We'll see how this unfolds. |
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Shooting a man inside your home just because he broke in will get you to trial and bankrupt-best case. Showing you exhausted every reasonable avenue to excape serious injury or death by a threating crazed man inside your home then shooting him to netrulize the threat, may get you no charges and just a small lawyer fee.
This drunk seemed at the wrong place and got shot. I'm sure there's more to come... |
| no need to retreat in your own home in NYS. the PD laws are very clear about it. someone breaks into your home, you are afraid for your life and the life of your family, shooting is justified. he was warned. he didn't comply for whatever reason. he got shot. unfortunate, yes. also better to be judged by 12 than carried by six in my opinion. |
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Most of us have heard the new info, but to make it easy on those who haven't and want an update, here it is:
Buffalo News Article Police believe door was unlocked at site of teacher's death Homeowner's lawyer says Park entered rear, walked into kitchen, 2 rooms before slaying By Dan Herbeck News Staff Reporter Updated: April 01, 2010, 8:16 am / Published: April 01, 2010, 9:29 am Investigators believe David W. Park walked through an unlocked rear door when he entered an Amherst home where the resident shot and killed him, sources close to the case told The Buffalo News. The rear door led from a raised deck into the home on Millbrook Court where Park was shot as an intruder early Sunday. Police who responded to the home soon after the shooting found no indication of a forced entry. Park was not shot immediately after entering the home, said Thomas H. Burton, attorney for David D'Amico, the homeowner who shot Park. "The rear door where he entered was on the other side of the house from the location where he was shot," Burton said. "[Park] walked through the kitchen and two other rooms before ending up at the location where he was shot." Police believe Park entered the D'Amico's backyard by opening a gate, which he closed behind him, sources said. He then went up onto the deck and stepped inside the home. The question of whether the door was locked had been a tightly guarded secret until Wednesday, when three sources familiar with the case confirmed for The News that it had been left unlocked. D'Amico routinely locked all of his doors at night and has told Amherst police that he was unaware that his rear door had been left unlocked that night, the sources said. Amherst police and the Erie County district attorney's office are investigating the death of Park, 31, an award-winning Albany school teacher who was in town to attend a party at a home next door to D'Amico's. So far, no charges have been filed against D'Amico. His attorney hopes no charges ever will be filed. "Whether a door was locked or not is not an issue under the law," Burton said. "An unlocked door does not give someone a defense to commit a burglary. The narrow focus of the law is on what was in the mind of the man who fired the shot. "No matter how [Park] got in, I can tell you this much for certain — he was not invited in. He was an intruder." A memorial service for Park will be held today in his hometown of Old Forge. A second memorial service will be held Friday in Albany, where he was a beloved elementary school teacher. Assistant Police Chief Timothy M. Green, spokesman for the Amherst police, declined to confirm or deny The News's information on the unlocked door. "As we've said since this happened, this was a tragedy," Green said. "I don't know why [Park] was in that house, but he should not have been. We haven't found any evidence indicating that he was legally in the house." D'Amico fired his hunting shotgun because Park did not comply with his demand that he leave the house and because he feared that Park was about to walk upstairs to where the D'Amicos had been sleeping, Burton said. Park is believed to have gone into D'Amico's house by mistake after leaving the party next door. "The reason why he went into [D'Amico's] house is a mystery we may never know the answer to," Green said. The Erie County medical examiner's office is conducting toxicology tests to determine if Park was intoxicated at the time. Both D'Amico and his wife, Julie, have been "emotionally devastated" by what happened, according to Burton. "There are winners and losers in life," Green said. "But any way you look at this case, the outcome is bad for everyone involved." |
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Ok here is NYS weak Castle Doctrine.
You can't kill a trespasser, rapeist, or anyone who says they are going to kill you in your home. But, cat burglary and arsonist are GTG with a bullet in the head. Just dont say the intruder was going to kill my kids while standing over a dead body. § 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary. 1. Any person may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of a crime involving damage to premises. Such person may use any degree of physical force, other than deadly physical force, which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force if he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of arson. 2. A person in possession or control of any premises, or a person licensed or privileged to be thereon or therein, may use physical force upon another person when he or she reasonably believes such to be necessary to prevent or terminate what he or she reasonably believes to be the commission or attempted commission by such other person of a criminal trespass upon such premises. Such person may use any degree of physical force, other than deadly physical force, which he or she reasonably believes to be necessary for such purpose, and may use deadly physical force in order to prevent or terminate the commission or attempted commission of arson, as prescribed in subdivision one, or in the course of a burglary or attempted burglary, as prescribed in subdivision three. 3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary. http://law.onecle.com/new-york/penal/PEN035.20_35.20.html |
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Ok here is NYS weak Castle Doctrine. You can't kill a trespasser, rapeist, or anyone who says they are going to kill you in your home. But, cat burglary and arsonist are GTG with a bullet in the head. Just dont say the intruder was going to kill my kids while standing over a dead body. SNIP l[/url] Completely incorrect. Almost everything that you wrote was wrong. You may use deadly lethal force in your home if someone breaks inside your home and is: a trespasser, a rapist (how would you know unless they were raping someone?), or anyone who breaks in and says they are going to kill you in your home, a "cat" burglar, and an arsonist. This article, as the info provided to me, is a good shoot. The drunk was trespassing in a house and he did not respond to verbal cues (not required by law). He (the drunk intruder) advanced towards the stairs that lead to where the homeowners were: 1. talking to 911 and telling them of the situation, and 2. were giving verbal warnings/directions for the drunk to leave or else. The drunk intruder didn't heed the warnings and was shot 1x. I'm sure this is a tragedy for all involved but the homeowners did almost exactly what I would have done, including using a rifle versus a shotgun or handgun. |
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As for how the article is written, it appears to be a "clean shoot" Wonder why the guy did not respond to the verbal warnings That is one of the big questions I had. If he really did innocently enter the wrong house then why would he have not responded to the verbals? Also, the only way the whole 'wrong house' story could be plausible is if the front door was unlocked. Furthermore, the house he 'thought' he was going into was the supposed site of a party. Shouldn't the fact that the house he did enter was dark and quite have served as a clue? Some things don't seem to add up in the current account, but it still appears tragic nonetheless. A couple summers ago, my sister in law was staying at my wife's place during the summer between semesters. One night, she was coming home late (about 1:30am) and came into the house scared to death that some guy was bothering her. Wife and I were in bed. About two minutes later, the doorbell rang and there was some hardcore pounding on the front picture window and door. Turns out the fellow, high/drunk as a kite, thought she didn't get the picture that he wanted to party with her. He was quite surprised to find me at the door with a sig 229. Had a little talk with him while my wife called 911. Up until he met my little friend, he thought he was coming in. Verbal warnings and all. No shots were fired and he was unarmed as far as I could tell, but baggy jeans and a hoody can hide a lot. Cops went looking for him, but never found him. Sometimes it doesn't matter how nice a person is when they're sober. Add something to their system and they think they're ten feet tall and bullet proof and their true personality comes out. Then add a taste of desire, whatever it may be, there's gonna be trouble. ETA- I really wouldn't put much into the door unlocked thing. Most handset locks and locks for rear patio doors are finicky and often have problems staying locked. Having lived in apartments, owned homes, and taken care of rentals, I can confirm a locked door isn't always a locked door. |
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Grand Jury did not indict
http://www.buffalonews.com/2010/05/11/1047007/amherst-home-owner-in-fatal-shooting.html David D'Amico today was cleared of criminal responsibility in the fatal shooting of Albany school teacher David A. Park, who entered D'Amico's Amherst home in the early morning of March 28 and was shot.
A grand jury returned a "sealed" no-bill, clearing D'Amico of criminal responsibility. |
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Grand Jury did not indict http://www.buffalonews.com/2010/05/11/1047007/amherst-home-owner-in-fatal-shooting.html David D'Amico today was cleared of criminal responsibility in the fatal shooting of Albany school teacher David A. Park, who entered D'Amico's Amherst home in the early morning of March 28 and was shot.
A grand jury returned a "sealed" no-bill, clearing D'Amico of criminal responsibility. This is good news for everyone. |