Arizona State Law Student Alex Botsio was willing to part with his wallet and guitars when faced with an armed robber but intruder Gabriel Saucedo learned that he would have to pry away his cold dead fingers from his laptop containing his class notes. Botsio defended his case notes with the passion of a mother mink and ultimately put Saucedo in the hospital in a act of heroism that has brought tears to the eyes of law professors around the globe.
Gabriel Saucedo, allegedly climbed through an open window into Alex Botsios’ apartment. He woke Botsio and allegedly threatened to smash his head in. Saucedo got no argument when he grabbed the wallet and guitars, but when he reached for the computer, Botsio begged: “Dude, no — please, no! I have all my case notes…that’s four months of work!”
Saucedo went for the computer anyway and was met by an irate first-year law student: ILs are known in scientific studies to be one of the most dangerous creatures to cross during the end of an academic term. Botsio wrestled the bat away from Saucedo and then worked him over like a mass tort case.
Had he reviewed his notes in advance, he would have seen a common law rule against the protection of property with force calculated to cause serious bodily injury or death. However, Arizona (I believe) is a “make-my-day” state where people are allowed to use lethal force to repel an intruder in their domicile. There is also the self-defense privilege. While you are supposed to “lay gentle hands upon” those in the recovery of chattel, the intruder can convert a case of property protection to self-defense by resisting. A bat is a potentially lethal weapon, particularly when coupled with a statement of lethal intent.
The result is that good Mr. Botsio is right with the law and right with his law professors.
For the story, click here