With all the new information coming in on this case (the intruders had burglarized other homes, the pocketbook was out of sight, the garage door was open for ventilation, there was a baby in the house, and the marijuana angle), this is going to be a tough case to try. I think a lot will depend on the juror's perception of the homeowner's fear, as well as the definition of "garage".
Certainly if unknown intruders had illegally entered the house through an unlocked back door or a window in the middle of the night, there is a presumption of threat that would justify deadly force. So is the garage the same as the house? I can see the prosecutors arguing that the garage is not the occupied house in that there is a barrier (door) between the garage and the house and therefore there was no imminent threat to the occupants of the house. But then can't the same be said if someone entered through a laundry room?
Prosecutors will note that the garage door was left open, but is that any different than an unlocked door? Many people don't lock their doors. They will say the garage door was left open to lure in a thief, but that will be difficult to prove as the homeowner says it was for ventilation.
Prosecutors may also argue that other options existed such as retreat, but Castle Doctrine does not require you to take such options. Then there is the issue of whether the homeowner was on drugs at the time of the shooting, and the presence of other innocents in the house, including a baby, and the homeowner's alleged statement that he was waiting to shoot a kid.
The jury will have it's hands full with this case, and the outcome will likely hinge on whether the jurors believe the homeowner reasonably felt threatened when all factors are weighed, and whether he provoked the confrontation. In many states, provoking or escalating a confrontation nullifies the self defense argument
Personally I would not have shot someone in my garage, even at night, because I would not feel threatened as they are on the other side of a locked door, but if they tried to enter my home that's a different story. The jurors may see it differently here, especially in Montana. It will be an interesting case to follow.
Tom NJ/VA
