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Man convicted of killing German exchange student

Montana law allows homeowners to use deadly force but only within reason.

--FILE--In this Monday, Dec. 8, 2014 file photo, Markus Kaarma, center, is flanked by his defense attorneys Brian Smith, left, and Paul Ryan, as he listens to testimony, during his trial in Missoula, Montana for murder in the shooting death of Diren Dede. Kaarma was found guilty Wednesday in the death of the 17-year-old Dede who he shot with a shotgun last spring after Kaarma caught him in his garage. The defense had said the shooting was in defense of himself and his family. (AP Photo/The Missoulian, Kurt Willson)

Missoula, Mont. • A Montana man who shot and killed a German exchange student trespassing in his garage was convicted of deliberate homicide Wednesday despite arguing that a state "castle doctrine" law allowed him to use deadly force to protect his home and family.

Cheers erupted in the packed courtroom when the verdict in the case of defendant Markus Kaarma, 30, was read. The parents of the victim, 17-year-old Diren Dede, hugged and cried.

"It is very good," Dede's father, Celal Dede, said, tears in his eyes. "Long live justice."

Kaarma was stoic as he was led from the courtroom. He faces a minimum penalty of 10 years in prison when he is sentenced Feb. 11. His lawyers plan to appeal.

At a hearing Thursday, Diren Dede's parents will give statements to the judge to consider at sentencing. Prosecutors asked for the hearing so Celal and Gulcin Dede won't have to return to Missoula in February.

Kaarma shot Dede in the early hours of April 27 after being alerted to an intruder by motion sensors. Witnesses testified Kaarma fired four shotgun blasts at Dede, who was unarmed.

Kaarma's attorneys argued at trial that he feared for his life, didn't know if the intruder was armed, and was on edge because his garage was burglarized at least once in the weeks before the shooting. They said Kaarma's actions were justified because he feared for his family's safety.

More than 30 U.S. states, including Montana, have laws expanding the right of people to use deadly force to protect their homes or themselves, some known as "stand your ground" laws. The self-defense principle is known as the "castle doctrine," a centuries-old premise that a person has the right to defend their home against attack.

Prosecutors argued Kaarma was intent on luring an intruder into his garage, then harming that person. That night, Kaarma left his garage door partially open with a purse inside. He fired four shotgun blasts, pausing between the third and fourth shots, witnesses said. Three witnesses testified they heard Kaarma say his house had been burglarized and he'd been waiting up nights to shoot an intruder.

University of Montana law professor Andrew King-Ries noted state law allows homeowners to use deadly force to protect their property, but it requires them to act reasonably.

"What the jury's saying here is, you have a right to defend yourself, but this isn't reasonable," he said. "Lots of people have guns here, and lots of people feel very strongly that comes with a responsibility to handle your weapon appropriately."

The shooting generated outcry in Germany, where Hamburg prosecutor Carsten Rinio said this week his office was investigating the Dede case, as required under German law.

Julia Reinhardt, with the German consulate in San Francisco, noted the German government closely followed the proceedings.

"We are really grateful to everybody involved and particularly impressed by the outpouring of sympathy that Diren's parents experienced here in Missoula," she said Wednesday.

At trial, neighbors testified that Kaarma's girlfriend, Janelle Pflager, told them the couple planned to bait and catch a burglar themselves because they believed police weren't responding to area break-ins.

One of those neighbors, Terry Klise, called the verdict a "huge weight lifted. The man was a threat to our neighborhood," he said of Kaarma.

Dede's parents attended the entire trial, often leaving the courtroom during emotional testimony. The Hamburg teen was studying at Missoula's Big Sky High School and was to leave the U.S. after the school term ended in just a few weeks.

Since Florida in 2005 became the first of several states to expand the castle doctrine's use outside the home, a flurry of cases has tested the boundaries of self-defense law.

A Florida jury acquitted security guard George Zimmerman in the shooting death of Trayvon Martin, 17, in 2012. Zimmerman followed the teen, said the boy attacked him and was acquitted of murder even though he was not at his home at the time of the shooting.

Gulcin and Celal Dede embrace after Markus Kaarma was found guilty of deliberate homicide, Wednesday, Dec. 17, 2014, in Missoula County District Court in Missoula, Mont., in the shooting death of their son Diren Dede, a foreign exchange student from Germany who trespassed in to Kaarma's garage last spring. Kaarma faces a minimum penalty of 10 years in prison when he is sentenced Feb. 11. His lawyers plan to appeal. (AP Photo/The Missoulian, Michael Gallacher)