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Montana man cleared of murder by 'Castle Doctrine' law

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    Legal panel weighs in on the case

  • Duration 6:11
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Kelly -- back in session on the docket today an unarmed man shot to death while trying to confront the man he said was having an affair with his wife.

And it looks like that guy who did the shooting who was having the affair is going to get away with it.

It happened in Montana.

Where police say forty year old -- for Edinburgh.

Was it.

He went to 24 year old Bryce Harper's house to confront -- OK so brace was having the affair.

And Bryce is the one who gunned down for Edinburgh.

The aid -- into a confrontation.

Brace shoots the guy dead the guy who's complaining about the affairs unarmed.

But now prices getting off -- because of these stand your ground law -- the castle doctrine in Montana.

Joining me now to discuss it Mercedes Colwin Fox News legal analyst and mark -- -- the former prosecutor now defense attorney.

So.

Some guy eight who did the shooting.

Is in his own garage right but -- -- he's also the guy who's having an affair with the other guy's wife.

So the other -- some sort of confront and you have an affair -- my wife.

What's the deal and he has not gone he's just -- Any winds up getting shot dead he has no weapon on him.

And there's no charge -- it's it's murder.

Mean one bit here here's the scenario the wife of driver around with a lover he dropped the lumber off if you theft -- lover elicited.

-- my husband following us.

Be careful going inside lock your doors closed the garage because he's following us you know when he -- he -- the garage open.

-- -- -- think Sunday -- every rational human being would have done if they believe that there wife is cheating on them confront the lover.

And what is the -- he -- and get the gun and shoots the husband dead.

How does that not murder how -- not not premeditated.

Don't think don't stand behind this long at this I stood my ground that the castle doctrine in a -- believe someone's going to unlawfully and -- to my home.

I can yes lethal unless.

You know what mark yeah it's different here he knew that he was being followed he knew that he -- going to be confronted.

Why this man didn't closes doors close the -- like any other human being would have done.

We may -- I want you capsule down.

Lot of my plan is written.

Zinger he broadly mark this is not let's not and they all castle doctrine laws -- in this case but the one in Montana is written married broadly if you can.

You can still someone to prevent they're unlawful entry into your home.

It's that resembled this wasn't a girl scout who entered the garage to -- you want some cookies mr.

I got a sale on thin -- This is a guy who had argued with.

The shooter several times in the past.

What else can they expect when he comes into -- to rise.

Other then I think physical confrontation but it didn't ask you got -- cast mark does it matter that he came into the garage because it's not I think I would that the -- a fair guy was in his bedroom.

You know it isn't a place for you clearly have that expectation -- -- is gonna rise and the guy comes and -- and every where.

-- -- -- the -- is very clear there's no exclusion for garage it says your home the garage is part of your home.

And you are allowed to use it -- force if number one -- two -- terminates.

They unlawful entry into the home and number two if you reasonably fear not -- the great bodily harm but simply an assault.

An assault so he had every reason to believe an assault now these are legal arguments on -- and factually I think both of them need to learn that there ego is not there amigo and unfortunately wow will not learn.

-- the forty year old -- any learning anything because he had dead now only because he wanted to.

Confront the man who was having an affair with his wife -- the forty year old is dead the 24 year old guy we're seeing in court but not going to be gone back to court Mercedes is it.

I mean even read just I feel so outraged over the escape they feel the same way that you think -- isn't outrageous you know what changed -- -- Because something has the different here and especially under these circumstance where if some breaking it is some of freaking me.

Brandishing a gun if the husband blocking that.

One I think -- I'm coming up do you change the law.

Sorry that a running play are you getting the -- coming and killing the guy in the garage and.

Can't -- -- -- mark but the lawsuit to be seeing you can't even just had a confrontation you can't you can't confront somebody.

Who is who is having an affair with your spouse -- if you if it's anywhere on their property you can't do it.

Yeah it's that clear and -- Mercedes is calling for a change in the law it's because I think she's conceding that under the current law.

You number one cannot go on to someone's property if this happened across the street and the petroleum doing so it on the day Saturday penalty that -- -- -- right -- law yes I didn't write it that's the -- Mark I think in Montana well you know right now the interpretation of the law because some of these canceled -- and don't get.

This one had different circumstances.

If you know you being equality and -- -- with the wind -- the -- -- -- -- -- -- -- it is eleven let me just back because you have to -- elected it has to -- to prevent or terminate the other person's unlawful entry normally it's not considered an unlawful entry unless you've posted signs saying no soliciting.

You you're not on on -- on somebody's -- the property just because you walk on -- it uninvited.

Into the garage.

But really the reason that you can I tell us what if I many crushed rock saying hey you know can I borrow that job -- -- -- break in the lines unless he says yeah.

Out you're not welcome here and then a price this guy was welcome -- -- you know I cargo hold on that he and yet -- brick -- that garage door was open.

He would he doesn't get out of sync still standing in the garage the guys I mean -- him.

I'm you know I think there's some sort of baiting going not really -- -- want to know about it instead I got to run this little baby.

An exception you can't going to someone's garage that is part of their house Ari does the -- great debate a good debate we're taking every last I have followed the kind of Euro is hot cup season and they're -- it -- on it on Twitter follow me at Megyn Kelly.

Coming up since --

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