Daniel Jay Fredenberg, 40
- Did You Know?
Here's is the text of Montana's "Castle Doctrine" law that allows the use of deadly force in an "occupied structure" (Montana Code Annotated, Section 45-3-103):
Use of force in defense of occupied structure. (1) A person is justified in the use of force or threat to use force against another when and to the extent that the person reasonably believes that the use of force is necessary to prevent or terminate the other person's unlawful entry into or attack upon an occupied structure.
(2) A person justified in the use of force pursuant to subsection (1) is justified in the use of force likely to cause death or serious bodily harm only if:
(a) the entry is made or attempted and the person reasonably believes that the force is necessary to prevent an assault upon the person or another then in the occupied structure; or
(b) the person reasonably believes that the force is necessary to prevent the commission of a forcible felony in the occupied structure.
Posted: Tuesday, October 9, 2012 12:30 pm
Brice Harper will not be charged with deliberate homicide for the fatal shooting of 40-year-old Dan Fredenberg, Flathead County Attorney Ed Corrigan announced Tuesday.
According to a joint press release issued by Corrigan and the Kalispell Police Department, Harper’s actions were justified under a series of state self-defense laws commonly referred to as “castle doctrine” and “stand your ground” laws in effect across the country.
Tuesday, October 9, 2012 12:30 pm.