Man Mistakenly Shot Son, 15, Masked as Prowler - FindLaw Blotter
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Man Mistakenly Shot Son, 15, Masked as Prowler

A family in Connecticut was ripped apart when a report of robbery led to a father who mistakenly shot his son.

Jeffrey Giuliano's sister called him last week to say someone was trying to break into her home. Giuliano took his gun and went next door to check on his sister. He confronted the alleged robber who was wearing a ski mask and black clothing and carrying a knife.

The masked person came at Giuliano so he fired his gun. Police unmasked the victim to discover it was Giuliano's 15-year-old son Tyler, reports the Danbury News Times.

The Giuliano family is dealing with multiple tragedies in the wake of the shooting. Not only are they mourning Tyler's death and wondering what he was doing, they have to grapple with how his death came about.

To add to that, Jeff Giuliano was the subject of a police investigation shortly after the shooting, reports Huffington Post.

Police searched the house with Giuliano's permission and got a sworn statement from family members. They were looking into the events of the alleged robbery, shooting, and Giuliano's permit for the gun he was carrying.

Generally anytime there is a killing police investigate the circumstances. While not all killings are unlawful, many of them are. In this case however, Giuliano's attorney is arguing that his client's actions weren't against the law.

His rationale is a doctrine known as justifiable homicide.

Killing is not considered an acceptable solution in most circumstances but the law does recognize a limited incident where it is lawful in civilian life. If the defendant acted in self-defense or in defense of others to prevent serious harm or death then the killing can be justified.

In this circumstance the need for defense itself is not enough.

It must be a defensive act that is proportionate to the force used. Once the perpetrator is disarmed or the potential for a fatal attack has ended, homicide is no longer justified.

It doesn't appear that police are planning to charge Giuliano with anything although they did look into his gun permit. His attorney says his permit was current.

Jeffrey Giuliano and his wife adopted Tyler and his sister four years ago. Police are currently investigating what Tyler was doing that night.

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