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Woman Arrested After Pointing Pistol at Man

By WestKyStar Staff

BENTON, KY - A Marshall County woman was arrested Friday after she pointed a pistol at someone on her property.

Marshall County Sheriff's Department reports that Sargeant Mark Balentine was sent to a home on Slaughter Road on a disturbance complaint. He learned that 47-year-old Kathleen Atkins of Benton was angry that someone had come onto her property. She told Balentine that she pulled a pistol and told the man he was not welcome at her home.

Atkins was arrested for wanton endangerment 1st degree, and was taken to Marshall County Detention Center.

Published 12:30 PM, Monday Aug. 06, 2012
Updated 12:36 PM, Monday Aug. 06, 2012

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- Name: jessy l.
  
  9/6/2012 2:45:09 PM
  
  he was NOT trespassing, he was NOT on her property at all she was wanting to shoot him just bc she does not like him he had no gun no threat to her whatsoever so i called the police not knowing if she was gonna shoot or not on top of that our kids were there when she tried to shoot their dad
  
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  Name: Dan t.
  
  8/11/2012 9:26:18 PM
  
  Pull the trigger and place a gas can by the body...
  
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  Name: Independent T.
  
  8/11/2012 7:31:46 PM
  
  The "victim" wasn't one of those school principles was he?
  
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  Name: Jack W.
  
  8/7/2012 3:31:56 PM
  
  Kentucky is an "open carry" state, which means, with certain restrictions and places, you can openly carry a handgun. If you hold a permit, you can concealed carry a handgun as well, against within certain restrictions and places. However, if you pick up said gun and hold it (whether you pick it up off a car seat, or take it out of your holster - concealed or open), you are "brandishing" it unless you are threatened with someone WHO IS ARMED. KRS 503 addresses justifiable deadly force, which says when a person has a reasonable fear of death or great bodily harm when another person enters a home or occupied vehicle. Kentucky law says deadly force can be used when that person is in fear of death or great bodily harm. Basically: if somebody unlawfully enters your dwelling, your residence or your occupied vehicle, then you would have the right to use deadly force. Just being on someone's property is not grounds to point a gun at them. You can be charged with menacing threats or, as in this situation, wanton endangerment. The "Castle Doctrine" in Kentucky: 503.080 Protection of property. (1) The use of physical force by a defendant upon another person is justifiable when the defendant believes that such force is immediately necessary to prevent: (a) The commission of criminal trespass, robbery, burglary, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, in a dwelling, building or upon real property in his possession or in the possession of another person for whose protection he acts; or (b) Theft, criminal mischief, or any trespassory taking of tangible, movable property in his possession or in the possession of another person for whose protection he acts. (2) The use of deadly physical force by a defendant upon another person is justifiable under subsection (1) only when the defendant believes that the person against whom such force is used is: (a) Attempting to dispossess him of his dwelling otherwise than under a claim of right to its possession; or (b) Committing or attempting to commit a burglary, robbery, or other felony involving the use of force, or under those circumstances permitted pursuant to KRS 503.055, of such dwelling; or (c) Committing or attempting to commit arson of a dwelling or other building in his possession. (3) A person does not have a duty to retreat if the person is in a place where he or she has a right to be.
  
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  Name: Peter P.
  
  8/6/2012 9:22:26 PM
  
  Why was the "victim" not arrested for trespassing?
  
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  Name: Kyle W.
  
  8/6/2012 6:04:26 PM
  
  Not sure but since she pointed it at him that may be why they arrested her. Once all the info is collected the charges may be dropped. What if the guy wasn't threatening her or she is making up the he won't leave story? But if he was then I would think she had every right.
  
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  Name: Melissa K.
  
  8/6/2012 2:30:08 PM
  
  I am a bit confused. Since when does showing a gun to entice an unwanted visitor against the low. Either we are not hearing the entire story here or something. I am failing to see where SHE broke any laws.
  
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  Name: Richard F.
  
  8/6/2012 1:11:40 PM
  
  Maybe we ought to visit the cops home land then. Seems like crooks or want to be crooks can look all they want..........
  
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  Name: Estelle B.
  
  8/6/2012 12:59:25 PM
  
  I had no idea that showing a gun when someone refused to leave your private property was a crime. What else could she have done if the person refused to leave? Sounds like she may have needed some protection at that moment. What if he went forward and entered the home? What are we allowed to do is such cases? What law did she break?
  
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