A tragic story out of New York in which an irresponsible homeowner killed a young woman who was a passenger in a car that pulled into his driveway by mistake should serve as a lesson to all gunowners that it is critical to know when you are in danger and when YOU are the danger.
According to CNN, New York resident Kevin Monahan, 66, was sentenced last week to 25 years to life in prison for shooting and killing 20-year-old Kaylin Gillis, a young woman riding in a car with friends that pulled in Monahan’s rural driveway by mistake while looking for a party at a friend’s house.
Washington County Judge Adam Michelini also sentenced Monahan to additional years for reckless endangerment and tampering with evidence.
During the trial, the homeowner told jurors he and his wife felt “like they were under siege” that night and he felt he needed to protect his spouse.
Following are more details from Spectrum News 1 from the trial:
Monahan told the jury he and his wife fell asleep early while watching a movie in his upstairs bedroom on April 15, 2023, and was awakened by three vehicles in his driveway: two SUVs and a motorcycle with a revving engine. The 66-year-old told his wife to hide in their closet and to stay away from the windows before loading his 20-gauge pump-action shotgun and going outside.
Monahan says he assessed the situation, thought about past criminal activity in the area of his home and remembers being unsure of what the intentions were before firing a warning shot into the air.
The vehicles slowly began the process of leaving, but were slow in doing so, according to Monahan, and as he moved about his deck to get a better look at his driveway, he said he lost his balance on some nails that had come up the winter before when the second fatal shot was fired.
Monahan said he had the gun aimed at the ground prior to this and was unaware anyone was hurt as the vehicles slowly exited his driveway.
Asked why he or his wife didn’t call 911, he said that they don’t use their phones that often and didn’t know where they were.
When pressed by prosecutors to identify the nails in a photograph he allegedly tripped over that caused him to fire the fatal shot, Monahan was not able to.
“He was also asked why he didn’t tell 911 operators that something had happened there, instead showing concern that there were officers in his driveway with spotlights on his house,” Spectrum News 1 reported.
Some gunowners and homeowners mistakenly believe they can use a firearm in any situation around their home. While the Castle Doctrine is the law in many states, allowing homeowners to defend themselves with little question in their homes or curtilage (the area immediately surrounding the home such as a carport or porch), virtually no state prioritizes property over life, meaning it is rarely ever legal to shoot someone stealing or breaking into a car and definitely not driving into or turning around in a driveway.
That’s why it’s a great idea for all gunowners to learn the gun laws in the states where they live or travel and follow them unless they wish to run the risk of making tragic mistakes that can lead to innocent lives lost, land them in jail or at the very least, going broke trying to defend themselves for a questionable defensive action.
Wow tripped on a nail?!? What a lame excuse. That being said I AM a gat owner precisely because 3 youts pounded on my door late at night “to use the phone” after they annihilated my neighbors outside light. I realized I had no gat & I didn’t trust(or believe the youts). And here we are perhaps 15 years later😀
Good and decent people do occasionally drive up a driveway or even try to enter a home without any malicious intent. I suggest that you verbally challenge trespassers and even intruders before escalating to ballistic methods unless you are 100,000% certain that they are violent attackers.
I mentioned on this site before how, when I was a child, I went with my friend and his father to a small astronomy observatory at night and we unintentionally walked into someone’s home thinking it was the observatory. Thank God the homeowners were low-key and accepted our profuse apologies upon learning of our error rather than immediately escalating to firearms.
I may have also mentioned on this site before: an armed home invader broke into a home in my neighborhood, the homeowner’s daughter ran out of the home in terror, and the daughter proceeded to desperately try and bust into neighbor’s homes thinking that the invader was chasing her. One of the neighbors had left their door unlocked and the terrified girl let herself in just after 6 a.m. Again, thankfully those neighbors were also low-key and did not immediately escalate to ballistic intervention. Otherwise, those other neighbors would have to live with the nightmare of having wounded or even killed a young girl.
I turned around in a stranger’s driveway yesterday. It was out in the county. I’d bet my new knife the homeowner was present and a firearm in the house. Never entered his gate. It was all done on state maintenance right of way. Both sides need to know the law. I’ll add this. I would not fire a warning shot and the I slipped and fell accidental discharge story would have raised red flags if I had been first on the scene. On the other hand, if a couple of SUVS and a motorcycle reving its engine showed up in my driveway late evening (why do I imagine loud music?) they’re going to get some attention from me they’d rather not have. All a mistake? No harm, no foul. Have fun, be careful.
Out in the sticks, (so to say), a shotgun blast in the air would have been an appropriate warning.
But that story was New York state, not Florida or Texas… 🙁
We have sticks don’t kid yourself. Typically they don’t blast through a windshield but it happens in between the larger cities especially where we haven’t converted farmland to solar panel fields.
1) Upstate NY is the sticks. More so than many places we think of as the sticks.
2) There’s simply no rationale where a shotgun blast is the right response to a car turning around in your driveway. People use private driveways to turn around all the time. Deadly force is a reasonable response to deadly force, not a mistake with Apple Maps.
This guy deserves every minute of his prison sentence.
“turning in driveway occurs within the pubic “Right of Way”/within a car length of the edge of pavement.
This incident is in New York state where the is clearly NO legitimate Rule of Law”. GET OUT.
“Private Driveway” means just that ie. it’s “Private”, if you enter you are trespassing, committing a crime, and with two cars/trucks plus a motorcycle or two some may consider that “menacing behavior”.
Teddy, your trespassing theory makes no sense. What about package delivery? What about an unexpected visitor? What about kids delivering newspapers? What about a neighbor canvasing about a missing pet? It is commonly (and legally) accepted that some areas of private property – driveways, front walkways, etc. – may still be entered without explicit permission for such innocent purposes. You can always ask people to leave. You may not shoot them dead. And clearly, the court did not consider a revving engine to be menacing behavior… because in this circumstance it clearly wasn’t (if it even happened at all).
“Teddy Kennedy’s Oldsmobile Mechanic“
Muh driveway! Bam! Bam!
Just another responsible gun owner…
Hey, miner. I’ll play by your rules. A bunch of folks were just arrested in a human trafficking case. One of them was a teacher.
Just another responsible teacher….
Shitdiggingidiot…
He was just following Unka Joey Bribemes’ advice…
Okay, Boomer.
I’m no ‘boomer’, angry little boy who hides under a fake moniker.
Your ‘x’ doesn’t mark shit… 😉
I’m surprised they got Murder 2, but whatever. Clowns like this make us all look bad.
Not surprising given the area re prosecutor and jury pool. With that said lot of areas upstate I wouldn’t risk trespassing on after dark regardless of what the law says and not everyone (most everyone really) up here can conceptualize such a risk.
On the bright side the publicity of this story might reduce the number of JW’s, pollsters, canvassers and others from bothering people at home.
Every time I lived in the rural areas we always had a couple of large, fangly dogs on the place.
It was wise to be invited before stepping out of the car.
Before the “Occupation” occurred, starting in the 1960’s, this would most likely have been been ruled an accidental shooting – no fault, no blame. I don’t believe either side of this story 100%, but I’m pretty sure the trespassers were acting like a**holes while on someone else’s property.
“I’m pretty sure the trespassers were acting like a**holes while on someone else’s property.“
Really? Just how were they acting like a**holes?
And what is the source of your information regarding their behavior that you characterize as ‘being a**holes’?
It should’ve been heard in “Civil Court” like where if a person is injured/killed on someone’s property jurors decide the level of responsibility of all those involved and the homeowner’s insurance covers any “loss”.
He was just following President Biden’s advice: politically correct shotgun rather than an assault rifle, warning shot fired in the air.
Shotgun Joe’s advice in action. A death is to be expected.
quote————-During the trial, the homeowner told jurors he and his wife felt “like they were under siege” that night and he felt he needed to protect his spouse.———quote
Civilized countries require “mental tests” which would have red flagged this nut case with no problem.
quote———-Asked why he or his wife didn’t call 911, he said that they don’t use their phones that often and didn’t know where they were.——–quote
A lie not even a 1st grader would have believed.
quote———-he said he lost his balance on some nails that had come up the winter before when the second fatal shot was fired.———quote
Obviously the jury did not believe him and no sane person would have either.
MSN reported this nut case even laughed and joked with the jury and showed zero remorse for his actions. Well he will be laughing no more when in prison now for the rest of his life as he is 66 years old and will not live long enough to see being released. The world is safer with this paranoid nutcase behind bars.
The Far Right always screams “shoot first and ask questions later”. Well that did not go over very well with this jury.
The same mental tests that you could not pass. Nothing new there. The nat-zees recruited you jackboots out of prisons and asylums.
Violent gang members responsible for shootings with multiple victims, cop-killers, get lower sentences, sentences commuted, and/or paroled after a few years, I haven’t seen you whining about that, is it because 99% of them are black? Just admit the only reason you want this guy crucified is because he’s White and might have voted for Trump.
Every self-defense law I am familiar with includes, at some level, the concept of the person acting in self-defense be in REASONABLE fear of death or serious injury (some include certain presumptions in that regard, i.e., “castle doctrine” and similar laws). How is it “reasonable” fear of death or serious injury because they “weren’t leaving fast enough”? They WERE LEAVING; problem solved. Of course, you watch them until they are gone (and continue listening/watching for a return visit for at least a while), but shooting?? That is NOT reasonable, to any rational person.
Warning shots are stupid; you shouldn’t shoot AT ALL unless you are in “reasonable fear of death or serious injury”, and if you are, you should be shooting to eliminate the threat. Those are the only two viable options.
Others have already dealt with the “tripped on a nail” excuse, but . . . why was your frickin’ booger hook on the bang switch??? EVEN IF you “tripped on a nail”, it could only result in an ND if you . . . had your trigger finger where it didn’t belong.
I will not comment as to the “fairness” or “appropriateness” of the sentence but, Mr. Monahan was criminally negligent, at minimum. I’m all for people having, and exercising, the right of self-defense, even including lethal means. Once you pick up that gun (or knife, or club, or axe, or shovel, or bow and arrow), YOU, and you alone, are responsible for the outcome. If you deploy that weapon in self-defense, you’d better damn well be able to justify what you did as reasonable. That is a fair trade-off, I think most of us would agree.
Best, most reasoned, and in alignment with the law response I’ve read on this article. Reading some of the other comments, I don’t know anyone, “far right” or “far left” who seriously suggests to “shoot first and asks questions later.” Certainly one on the far left, our current president, who once said to shoot a warning shot, something no defense attorney ever recommends as many states still treat it as deadly force. And even if the young people arrived there loudly and mistakenly and frightened the homeowners, there is no evidence in any of the articles I’ve read that showed they acted in a threatening manner. And there is not a single state where simple trespassing gives the land or property owner a right to shoot a person. It’s important to understand the law, unless you just want to risk trading the life you enjoy now for one in prison.
Doug,
Well, thanks for the kudos, I guess. Yes, I do have some experience in the law, but this just seemed like common sense (and consistency with all the firearm training I ever received). That it would be controversial in any way kinda floors me.
Anyone who got even halfway decent training knows Jeff Cooper’s “Four Rule”, and this idiot violated all of them. Whether he did it negligently, or intentionally, goes to his liability, not his guilt. If he was just stupidly negligent, it’s probably manslaughter; if he was just “givin’ them sassy kids what fer!”, it’s at least 2d degree murder. It was a moronic reaction, and the only issue with respect to his penalty is his degree of intent.
But thanks for the props.
It’s probably not the first time the man did something stupid with a firearm, play stupid games just caught up with him. Sentence was light IMO.
“20-year-old Kaylin Gillis, a young woman riding in a car with friends that pulled in Monahan’s rural driveway by mistake while looking for a party at a friend’s house.”?
I think you meant to say “a young woman possibly intoxicated/high on drugs that illegally trespassed onto private property, by her and her accomplice’s (also likely under the influence) actions put imminent fear into both of the home’s owners due to the rural location of their home, length of time before police response, and prior incidents of crime in the area”.
Did any of the people in the vehicle have criminal backgrounds ?
That would make a difference and provide a clue as to whether they were really harmless or not.
Everyone is not a “criminal” until they are, there is always a “first time”. We and the jury must not discount the trespassers could have been imitating World Hip-Hop Star/Youtube/Tik-Tok videos where gangs of youth take over empty, unoccupied homes, residences where homeowners were on vacation or hospitalized, to party and later leave the home in shambles.
What I don’t get is why so many here believe the homeowner who was highly outnumbered should have jeopardized his and his wife’s safety in order to determine the trespassers intentions, was he supposed to wait until he was surrounded on his porch or as he was talking to one or more of the youths only to find others had gone around back and kicked in the rear door of his home?
As for those who claim the trespassers were “unarmed” who is to say for sure they were unarmed, rural areas provide many opportunities for those such as them to dump, secrete, dispose of weapons prior to police arriving “on-scene” and how many times have law enforcement retrieved weapons used in crimes days, weeks, months after an incident/police shooting (when the offender claimed he/she was unarmed)? We all know it’s too many to keep track of.
“put imminent fear into both of the home’s owners due to the rural location of their home“
Maybe they shouldn’t live in such a rural location if they shoot into any car that pulls in their driveway after dark.
Teddy, you are one that I think perhaps shouldn’t have ready access to lethal weapons, it seems you are a trigger-happy fraidy-cat willing to kill innocent people because of your emotional fragility.
69-ing Minors,
Oh so now we must live in one of your “15 minute” cities, yeah no thanks.
And recently in my area a group of idiots trespassed late at night, used their vehicle to tear up a rural homeowner’s property, when confronted and told to leave they responded with some choice words and according to the homeowner “threats”, though still in their vehicle they got an application of copper-jacketed lead for their actions, there was no indictment of the homeowner the trespassers on the other hand were arrested and charged.
That’s a lot of “possibly” in there, none of which we know for sure, nor did the homeowner at the time. AND, even if every single thing you theorize were the truth, it still wouldn’t legally justifiy the right to shoot. That’s just a fact of law. The homeowner screwed up and now he is paying the price. I for one, would rather still be home with my family rather than going to prison over misreading a situation with deadly force.
Did you, perhaps, miss the part where even the perpetrator testified that they were LEAVING HIS DRIVEWAY, but they “weren’t moving fast enough”??? No? Perhaps pay more attention, next time.
Yes, the presence of a bunch of young kids, in SUVs and a loud motorcycle, would concern me, too. I have no issue with the homeowner going out armed to see what was up (I would have done it from inside, for more cover, but that’s just me). Up to that point, I’m all on board with his actions. As I stated above, firing “warning shots” is moronically stupid (and most of us on this board made fun of Senile Joe when he suggested that as a valid defense tactic), but he did it.
But then they were leaving, but . . . “not fast enough”????? Forget the nonsense about him “tripping over a nail” (even IF that happened, it would not have resulted in an ND if he hadn’t had his finger on the trigger), shooting, at that point, was either negligently, or intentionally, criminal.
It makes it easier for rational folks to support assertive, armed, self-defense if there aren’t yahoos, claiming to be on “our side”, standing up for behavior that is stupid, at best, and intentionally criminal, at worst. Don’t be a yahoo.
“Did you, perhaps, miss the part where even the perpetrator testified that they were LEAVING HIS DRIVEWAY,?”
“Leaving” according to whom, the gang of trespassers who outnumbered the homeowner and his wife? Yeah I wouldn’t believe a word of what they, the supposed “victims” say. Odds are they were prepositioning their rides for a quick getaway after committing a violent home invasion or residential burglary. We must not discount this was rural N.Y. where like other locales the breaking into “summer” (seasonal) homes to party (conduct a “rave”) is not uncommon and there is also the possibility the trespassers were intending to become squatters anoccupy the home illegally.
“Leaving” according to whom“
I think we have a reading comprehension problem. It’s pretty clearly Lamprey indicated that the man who did the killing stated that the intruders were leaving:
“the perpetrator testified that they were LEAVING HIS DRIVEWAY, but they “weren’t moving fast enough”
I think a reasonable assessment would be the shooter was pissed off because they had turned around in his driveway and even though he had fired a warning shot “they weren’t moving fast enough” as he stated.
So he shot into the car and killed a young woman.
Teddy, the perpetrator’s actions are indefensible, and I think the fact you refuse to accept this is somewhat troubling.
Again, THE SHOOTER testified that they were leaving, “just not fast enough”. HIS testimony. Thus, HE had NO basis to believe he was in imminent danger of death or serious injury. PERIOD. Your speculation about what they “might” have intended is just that, speculation, and NOT a legal basis to act with deadly force in alleged “self-defense”. IF the kids had gotten out of their cars and actually TRIED to do any of those things, then he would have been justified (under most laws) to act with deadly force in self-defense (and him being outnumbered is a good argument for using self-defense weapons with the ridiculously misnamed “high capacity magazines”). Speculation about what someone “might” do doesn’t justify deadly force. Unless they making some objective move to actually DO any of those things, your “speculation” about what they “might” do isn’t enough to support the use of deadly force under ANY self-defense laws I am aware of.
While it pains me to agree with that moron on anything, I find myself partly agreeing with MajorLiar. While I don’t claim any right to prevent you from owning weapons for self-defense, nor would I want to, I sure as hell wouldn’t want to be your neighbor. A person with such a loose, and legally-deficient, idea about what justifies “deadly force” is not someone I want around me.
LampOfDiogenes,
I’m not saying I agree with his shooting the trespassers what I am saying is I find it hard to believe the self-serving statements of the supposed victims, it’s not like they would ever admit they were there for nefarious purposes and got caught.
I don’t agree with the 25 year sentence handed down to this guy partcularly when violent career criminals get off with far less time (if any) in the People’s Republic of N.Y.
As for being “around” me let me relate something that occurred recently here in rural SW VA. I live approx 20 miles from I-81 and just off I-77. On one of the coldest nights in January, sub-zero temps I was out having a smoke on the rear deck @4:00am, listening to the coyotes, I was startled by a noise and voice from my attached carport. I looked up to see a guy in his late-20s/early 30s clad in only jeans, sweatshirt, and a ball cap shivering, he stated he saw my light on and had just walked the 25 miles from the next county seat after a tiff w/his girlfriend and was looking for a ride into town approx 8 miles away. Suspicious as anyone would be I told him to wait out front on a bench and I’d see what I could do for him. I went in locked the sliding door, strapped up, woke the fiancee’ told her what was up, the dogs a 13yr old Lab/Pointer & 4yr old Treeing Walker Coonhound were up, alert, and barking. I turned on the front porch light and called the local sheriff’s office telling dispatch the deal, they informed me they don’t give rides as a matter of practice but they’d come out after I informed them this guy would likely get struck by a vehicle on his way into town on my winding, rolling, rural country road or not fare so well should he approach another home in manner he did mine. It took patrol over a 1/2 hour to respond, while waiting a gave the guy some water, a wool coat I had intended to donate along with a comforter to keep warm. The deputy arrived, I filled him in, he ID’d the huy (no warrants), the guy did have a folding knife on him which the deputy secured before placing him in the unit for a ride into town. Now while waiting for patrol to arrive I kept my distance, told the guy I was armed and wanted no funny business. I informed him I would’ve given him a ride into town in the bed of my truck had not my pickup bed been filled with a load (I’ve done it for others, 4 times in 5yrs) but I wouldn’t do it that night because he’d have to ride in the cab and I didn’t want to get stabbed nor shot and didn’t want to have to plug him and push his carcass out of the truck should he act stupid.
Now why do I mention this? Well today less than three months later his mugshot is on the front page of our county & town newspapers. Why? Because he’s sitting in the county jail, with no bail, charged with malicious wounding over the weekend, his victim the injuries are so serious he is still hospitalized.
My first year here using a helicoper and over a dozen units law enforcement spent hours overnight searching for a suspect with long criminal record that fled a traffic stop on I-77 not a 1/4 away from me, he ran through the pastures and disappeared, they nabbed him a few weeks later in Roanoke.
People aren’t criminals until they are.
The guy was an idiot. And the guy was an idiot to have gone out there in the first place, he could obviously see what was happening from the windows and there was no reason to go out to see what was happening. This was not a case of a ‘need to move to contact to prevent serious bodily harm or death’ like there would have been, for example, in a home invasion in some cases. However, what really nailed him for his conviction was the ‘he lost his balance on some nails’ thing.
Armed Citizen Shoots, Kills Man Stabbing Las Cruces Police Officer [GRAPHIC VIDEO] > https://www.shootingnewsweekly.com/2024/03/04/armed-citizen-shoots-kills-man-stabbing-las-cruces-police-officer-graphic-video/
Aggressive Prowler at Elderly Woman’s Oklahoma Residence Meets Her Armed Son-In-Law > https://www.shootingnewsweekly.com/2024/03/04/aggressive-prowler-at-elderly-womans-residence-meets-her-armed-son-in-law/
and just to mention, on the day this homeowner in NY did what he did… ‘across’ the nation there were 5,376 reported (to police) instances (combination of self, home, others defense) of DGU by law abiding citizens that were determined on-scene to be valid and legal DGU (includes brandishing) and the trigger was (indicated in reports) pulled by the law abiding citizen 28 times. (this, in this case, only includes at this time reports from 18 states that have already flowed flow into an aggregating research data base.)
Im not for innocent folks getting shot up but How do we know they were really up to no good? You fire a warning shot with a shotgun and nobody seems interested in leaving very quickly. Jus sayin
People in an unfamiliar driveway were taking their time to get out carefully. Likely didn’t want to further enrage the homeowner by accidentally driving on his lawn, over his prized rosebush, etc. trying to tear out of there in a hurry.
Anyone cutting mr. trigger happy nail tripper some slack may one day find themselves sitting right beside him…Just said it.
Debbie,
Since I normally mock you, it is only fair that I give you props when you are right, and on this one, you are right. I agree, and well said.
I’ve seen Chip Roy’s speech a dozen times BEFORE you posted the video – please do both of us a favor and get a new schtick, eh?? Yes, we all KNOW gun control is “rooted in racism” – I’ve known that for over 50 years. The part you are missing is that MODERN gun control, while it may have it’s “roots” in racism, is all about CONTROL. Modern gun control is basically Leftist fascism. THAT’S the part you ain’t keepin’ up with. Just sayin’.
Bingo!
It cannot BE SAID ENOUGH.
Modern ‘gun control’ IS exactly what the meme suggests.
“Why is the government trying to take my gun away?”
…
“Because they know you’d shoot them for what they want to do.”
Stuck,
Preach it, Brother! Or, as T. Jefferson is (incorrectly) alleged to have said, “When government fears the people, there is liberty. When the people fear the government, there is tyranny.”
Regardless of whether Jefferson (or Adams, or Madison, or whoever) said it or not, the simple truth of that statement is obvious to even the most casual observer. Perhaps a judicious application of tar and feathers to a few prominent miscreants (the list of likely candidates is too long for a simple post), “pour encourager des autres” would bring a little sanity to our overreaching (and largely incompetent) government.
Key things I see
Both of you have valid points
Lots of likely unnecessary escalation on homeowners part
Shit storms are tough to manage and he may not have been all there
Huh reply got bumped to independent comment, well above was to AQ and Serpent
I find that happens sometimes replying via phone.
GOOD!
This should be a reminder that private property of any kind is too much of a liability.
Does that mean we “will have nothing and like it”?? Not sure where you are going with that thought, but if the idea is we shouldn’t have private property because idiots will abuse it, and we (some of us) might react improperly to having our property/tolerance abused? That’s on YOU, man; I’ll take my chances that I can control my reactions. Over 70, now, and I haven’t shot anyone, yet. I figure I can make it to the grave without it, but . . . if I have to, I have to.
This guy made so many mistakes, including not having an appropriate plan…esp since he claims there’s been criminal activity. His testimony is literally unbelievable. What a dope.
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