Frank "Sid" Smody, a farmer in rural Missouri, was at home on the night of May 23, 2014. He got a phone call from his daughter, Lori, who lived elsewhere on his property in a mobile home. Lori had seen four or five prowlers and feared for her safety. She had already called the sheriffs department, but also asked her father to get his gun. Sid obliged, and he walked around the property looking for the intruders. Finally finding someone in the darkness, Sid was determined to stand his ground. He fired his gun and advanced toward the unidentified person. When told to drop his weapon, Sid refused, shouting: "I don't know who you are; you are on my property." The unidentified person fired five shots at Sid, one of which entered Sid's left abdomen. But the shooter was not a prowler; he was Sergeant Brandon Lowe from the Butler County Sheriff's Department. Like Sid, he had been searching in the dark for the intruders. Sid Smody was pronounced dead in the early hours of May 24.
"The Inquest and the Virtues of Soft Adjudication,"
Yale Law & Policy Review: Vol. 33
, Article 1.
Available at: http://digitalcommons.law.yale.edu/ylpr/vol33/iss2/1