Lawyer: 2nd degree murder the correct charge
HEBRON – The winding country road leading up to Kevin Monahan’s home on Patterson Hill Road in Hebron is clearly marked with “NO TRESPASSING” signs.
“It’s private property so it’s meant to keep people out. That’s the intention of those signs,” Alaina Finan, a Latham-based attorney, said.
As long as someone isn’t breaking into your home or trying to burn it down, private property rights do not include the right to use physical deadly force to protect your homestead, Finan said.
“The law allows for (jurors) to consider both the actual beliefs of the homeowner and what a reasonable person would believe, essentially putting yourself in the homeowner’s shoes,” Finan further points out.
Finan says it’s relevant to know what, if anything, might have been said between parties or if there was a confrontation between Monahan and the four individuals who wound up on his property Saturday night.
As it turns out, Washington County Sheriff Jeffrey Murphy says the car in which those young people were riding was merely turning around in Monahan’s driveway after arriving at the wrong address, and no words were ever exchanged.
According to Murphy, Kaylin Gillis, 20, of Schuylerville was shot and killed by Monahan after he fired his shotgun at the car.
“I do believe (second-degree murder) is the correct charge (against Monahan),” said Finan.