Property owner shoots intruder at unoccupied place of business while intruder is showering – 4-1-2017
FOR IMMEDIATE RELEASE Property owner shoots intruder at unoccupied place of business while intruder is showering.
At approximately 7:50am Saturday Morning, April 1st 2017, Bruce Fanning 59 year old resident of Mason County, called 911 to report he had just shot and killed an intruder who was showering at his place of business located at 1520 E Trails Rd, Belfair WA. There are two house on this property, one is the primary residence of Mr. Fanning and the other is his unoccupied place of business. Fanning stated that he went to his place of business and found forced entry, walked inside and found an individual showering in the bathroom. Fanning exchanged words with the intruder Nathanial Rosa, 31 year old male. Fanning stated he thought Rosa was drunk. Fanning left the place of business and returned to his residence nearby and retrieving a hand gun, he then returned to his place of business, found Rosa still showering, made no verbal comments, shot four times killing Rosa in the shower.
WASHINGTON STATE LAW – RCW 9A.16.020 Use of force—When lawful.
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer's direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(3) Whenever used by a party about to be injured, or by another lawfully aiding him or her, in preventing or attempting to prevent an offense against his or her person, or a malicious trespass, or other malicious interference with real or personal property lawfully in his or her possession, in case the force is not more than is necessary;
(4) Whenever reasonably used by a person to detain someone who enters or remains unlawfully in a building or on real property lawfully in the possession of such person, so long as such detention is reasonable in duration and manner to investigate the reason for the detained person's presence on the premises, and so long as the premises in question did not reasonably appear to be intended to be open to members of the public;
(5) Whenever used by a carrier of passengers or the carrier's authorized agent or servant, or other person assisting them at their request in expelling from a carriage, railway car, vessel, or other vehicle, a passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers, if such vehicle has first been stopped and the force used is not more than is necessary to expel the offender with reasonable regard to the offender's personal safety;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
The Mason County Sheriff’s Office found during the initial investigation that the facts, statements and evidence in this case do not support necessary / reasonable self-defense at this time. The investigation is ongoing and the case has been referred to the Mason County Prosecutor.
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