Let me clear the air on these comments a bit. Because gun laws vary markedly from state to state, further research shows that attorney James D. "Mitch" Velos is the author of "Utah Gun Law" (4th ed.) and a book review of that edition reads as follows: "Let Utah's Gun Law Attorney, Mitch V[e]los, ARM YOU with the knowledge he has gained handling weapons cases for over two decades. Because of Mitch's remarkable success in representing gun owners and gun dealers in criminal cases and license revocation hearings, many consider Mitch to be Utah's premier firearms law and self-defense law expert. This Fourth Edition has been totally revised and updated from previous editions and provides quick and easy access to all of Utah's gun laws and many of the federal laws that affect Utahns." Upon reading Michelle's comment below, I related my personal experience as a young child in my initial comment because that police chief's words to my dad are indelibly inscribed upon that experience, although I'm not an advocate of using deadly force against another human being under any condition, no matter what. To that extent, my "hair-trigger" comment was unjustified because it in no way represents my true nature in dealing with my fellow man. The fact that the Texas penal code, for example, specifically authorizes the use of deadly force in such instances as burglary and trespass upon one's property rights, and that fact that I could argue that example to Justify Mr. Niederhauser's actions (if he lived in Texas), hopefully there's a much greater lesson for us all to be learned by this story. Perhaps Alter Ego's concluding statement sums it up best, which gives me pause to consider a final point I might raise: What if a burglar was only attempting to steal our property out of sheer desperation to feed his starving family? Would any of us feel justified in shooting him under those circumstances? I think our common sense provides the answer. Isn't THAT the only information we need?

It would seem that someone explained to this moron that you can't just shoot someone because you are pissed because he is on your property and my be a thief. You can only use lethal force if you are in fear of your life or great bodily harm. Property theft does not give you a constitutional right to snuff someone's life out; not even for law enforcement.

So much for HALF the story! Who were the actual burglars in this case? Did the Layton cops apprehend them, or were they so caught up with Mr. Niederhauser's attempt to protect his property that the burglars became a secondary matter? If the burglars were, in fact, apprehended, then why aren't THEIR names being prominently displayed in this report, so we know who the REAL perpetrators were? But since Garside and Vilos both owe their allegiance to the same bar association, this so-called "plea deal" worked out between them only victimizes Mr. Niederhauser even further -- especially when he is made to appear publicly "hat in hand" and issue such a pathetic statement to ensure that he will have "a little less to worry about." Pretty disgusting, actually. But here's a clue for Garside and Vilos that a former SLC Chief of Police once told my dad as our next door neighbor: "If you ever have to shoot someone for burglarizing your property, just make sure you drag his carcass inside your house before calling the cops!" And in those days, which long-antedated "911" and you were speaking directly to the police dispatcher instead of some 911 operator pleading "don't shoot," all you had to do was tell them to make sure the cops brought along enough chalk to outline the burglar's body on your kitchen floor. It doesn't matter if the police will be there in minutes when seconds count. So chalk that up to some professional police advice, ye lawyers with all your legal training in how to make plea deals in order to subvert the rights of your own fellow citizens -- all in the name of law, of course. Like I said, pretty disgusting.

This charge is ridiculous. Someone breaking into my house will be shot ! Has it come to this, when criminals have more rights than law abiding citizens. Very sad day..... Maybe more people need to do this, we would have less criminals !!!!