Attorney: Teacher was shot after entering unlocked door


The Times Union and the Buffalo News team up today on an article that reveals Albany teacher David Park went through an unlocked door when he entered a suburban Buffalo home and was shot to death by the homeowner.

Thomas H. Burton, an attorney for the homeowner, David D’Amico, disclosed that detail in an interview on Wednesday.

He said D’Amico believed Park was an intruder and the unlocked doors do not change by “one iota” D’Amico’s right to protect his home against what he believed was a burglar.

See the rest of today’s article

See the Buffalo News article

Categories: General
Mike Goodwin

22 Responses

  1. kay says:

    It doesn’t matter if the door was locked or not- It wasn’t Park’s house and he should not have been there. He apparently did not understand the English of the homeowner to leave and that he had a gun. It is too bad what happened to him but he caused it himself. The homeowners had a right to protect themselves.

  2. North Greenbush Dad says:

    I think it will matter in civil court when teacher’s family sues this individual for wrongful death. It would have been a reasonable precaution which, if not taken, might make the homeowner possibly responsible, and economically liable.

  3. tom baker says:

    Like many others, I’ve been following this story and waiting for some more facts to come out. I still haven’t noticed a theory on why he went into that house to begin with. Did he have some connection with the residents or with that location? It seems hard to believe he would just walk into a random location for no reason.

  4. me says:

    #1, You are correct, he shouldn’t have been there. But, the question for me is IF the homeowner even opened up his mouth at all before he shot him! I find it hard to believe that Mr. Park would disregard many directives to leave the premises as stated by the gunman. At this point, the homeowner can fabricate any story he wants to.

  5. Dan says:

    #4 makes a great point about the owner having the ability to fabricate the story. I do not think that anyone disagrees with the point Mr. Park shouldn’t have been there. I think people want to know more about how everything went down. If it was indeed an accident from Mr. Park’s end of entering the home, I feel sorry for him and everyone he knows that this happened. At the same time, if this homeowner killed him in self defense with the fear that he was being attacked, he must be going through a lot as well knowing that he killed a man who appears to not have been a threat. Still need to know more before any real determination can be made. For now it appears to be a huge misunderstanding with tragic results for both parties involved.

  6. Joe says:

    I have it on good Authority who told me A} He had been drinking B} He thought he was in his in laws house,and was saying things like ” Why are you asking me to leave, Im your son in law”.This is the type of thing that can happen when you have too much to drink!! Mixing alcohol with just about anything rarely leads to a positive outcome.People never consider what can, and sometimes does happen when too much alcohol is consumed.Fights, DWI, Pregnancy, Auto accidents, Arrest, Etc Etc Etc

  7. A mom says:

    me I agree with you no one else but the home owner knows what happened that night so he can tell any fabrication of events he wants and who can dispute it. I want to hear the 911 tape to see if they shot first then called because if they were upstairs and he was downstairs I think that would give them time to call 911. There is so many unanswered questions all that we do know is that a wonderful man is no longer with us.

  8. countrygirl says:

    if the homeowner yelled down the stairs (as he claims, but who can prove it??) and Mr. Park replied about being a son-in-law or something like that–why on earth would the guy open fire?? All he had to do was keep the kid at the bottom of the stairs and ask a few questions. As for the drinking–well he apparently closed the gate behind him when he came into the yard so that doesn’t indicate someone stumbling down drunk (but we’ll await the tox results on that issue) but even if he was intoxicated, nothing justifies the homeowner opening fire from (apparently) the top of the stairs. I hope the guy is sued in civil court.

  9. Joe V. says:

    #6 – How could anyone but the homeowner know what Mr.Park said that night?

  10. shena says:

    I think its very unfortunate what happened and believe that like someone else said if he was downstairs and the homeowner upstairs then he couldve called the police before he started shooting not only that one of the articles said he was at another party in the area sounds like he just went into the wrong house and this homeowner was a little to quick to fire i wonder what his profession is! To the family i am sorry for your lost may God be with you.

  11. Kathy says:

    I agree that Mr. Park should not have been in the house but the homeowner was not acting in self defense because Mr. Park displayed no weapon whatsoever. When Mr. Park would not leave all the homeowner had to do was call 911 and Mr. Park would still be alive today.

  12. J says:

    If Dave thought he was in his inlaws house and said so then the man with the shotgun very well could have fired into the floor/wall and I am pretty sure that no matter what, Dave would have fled the house. Homeowner would be safe, less the drywall compound and new peice of siding. And Dave would have been arrested and alive. I am pretty sure that the homeonwer was wrong and will have to live the rest of his life knowning that he killed a man for little reason.

  13. Donna H says:

    Again, was Park shot from his front or from the side or back? Seriously. Way more relevant than whether or not the damned door was lock, especially if the homeowner thought it was but had missed it in his nightly rounds.

    If shot in the front, I still buy the approaching them thing. In homeowner’s shoes, I wouldn’t let him come on up those stairs either.

    #2, I really hope you’re wrong about that because it would just be shameful if people aren’t allowed to defend themselves just because their door or window was unlocked.

    I’ve got questions too. Now, given he opened and shut the gate and traversed a deck to enter the house through the back nonetheless, it seems less likely that he mixed it up with the one next door. Were there any noise complaints from the D’Amicos earlier in the evening? Could he have had a buzz if not drunk and thought he’d show them now that they’d gone to bed (lights out)? Or are the D’Amicos lying?

    Too many facts not known to really draw any conclusions.

  14. Scott says:

    It seems like people are afraid to mention this, but is it possible the homeowner was looking forward to shooting someone that came in the house? I don’t know these people, but I do know people who can’t wait for the same chance. Yes it’s sad, but believe me there are many many people out there like that. Why leave the door unlocked in the first place? As someone else mentioned, it doesn’t really matter at this point what is said because there will only be one side to the story. And it’s tough for me to believe, no matter whow drunk this guy may have been, that the sound of a 12 gauge being cocked (or whatever they call it) would not have made him split. Even if I were to walk into my inlaws home at 1am and they pulled a shotgun on me, I’m running out the freakin door, so either the guy was wasted betond belief or the homeowner has an itchy trigger finger.

  15. henry says:

    maybe we should hang signs on our front door “if you enter when you aint allowed to, you will get shot”

  16. Jim P says:

    On the situation of the unlocked door, I know of many people who don’t lock it at night. I forget every once in a while.
    As my father says, “lock do nothing but keep honest people out”
    If criminal wants to get in, locks are pretty easy to defeat.

    You have to remember these people were awaken out of a sound sleep at 1am by a guy who probably was drunk.

    Was it tragic? Yes
    Was it avoidable? Yes
    As they responsible civily? probably
    Was it criminal? no

  17. Just a Thought says:

    I just do not believe that Mr. Park would have disobeyed the homeowners orders. I would be extremely on edge and fueled with adrenaline if I woke up to a stranger in my house. I would certainly want to defend myself but shoot to kill? Based on the photos of the neighborhood it appears to be a cul-de-sac street with similar houses. The article confirms that Mr. Park was attending a party at the house next door to this house. It can be very easy, intoxicated or not, to become confused and enter the wrong property at night. The thought sickens me that Mr. Park would be alive today if the back door was locked. Mr. Park likely would have wondered why..and then realized he was at the wrong back door. The homeowner has stated that Mr. Park did not say anything before he fired the shot. He indicates that Mr. Park walked diagonally across the first floor and then toward the stairs. After the ‘alleged’ orders were given, Mr. Park did not respond? Did the homeowner even give this guy a chance to speak? It seems that the homeowner pulled the trigger way to soon. I agree that a warning shot or a shoot to disable would have been appropriate if the homeowner believed he was in danger, but not a shoot to kill. What a horrible tragedy. Mr. Park likely did not even get a chance to comprehend what was happening before he was shot. I’d like to know what the 911 tapes reveal. Another question I have is…was the homeowner aware that there was a party going on next door? I would think that there would be extra cars parked on the street, maybe a little noise…people coming and going. I don’t live in this area so I cannot confirm, but it does not appear to be an extremely dangerous area. Did it ever cross the homeowners mind even for a second that there was a possibility that Mr. Park (who was not brandishing a weapon) could have been a party goer next door? I know that the homeowners emotions must have been running rapid not knowing who, what or why Mr. Park was there, but shooting to kill???

  18. Wondering says:

    I also agree that we do not know if the shooter said anything at all…

  19. ed186 says:

    Just for the record in case anyone wishes to know tnere were more than four hundred at David’s wake yesterday and over four hundred closer to five hundred at the funeral service today in Old Forge.

  20. retired businessman/engineer says:

    The commentary has reinforced my belief that we are a nation of thinking compassionate people, often influenced by a code of honor, strength and discipline. However, as the commentary also shows, we are a fearful nation prone to rash/quick judgements and primitive rationalizing as to why killing is justified, often without knowing the truth. Somehow the human mind can explain away why it is acceptable to kill innocent people whether it is during war or our neighbor next door…. just because it’s legal… I often wonder what the “Creator” would say????

  21. Dave from Grafton says:

    This is a tragedy but I believe many of the posts here are from the hindsight is 20/20 persuasion.

    The couple were waken by an intrude downstairs in their home at 1 AM. We know now the the person downstairs was an unarmed respected teacher from out of town. The home owner did not. We know Parks walked around at least from the side door to the stairs allowing the home owner time to get up, retrieve his shotgun, and move to the top of the stairs.

    In the dark the home owner would have no way of knowing if the intruder was armed. We have a statement by the homeowner and his wife that he called out and there was no response. Posters are questioning the home owner statement because Mr. Parks actions makes no sense to sober people reading reports days later. If Parks have been a career criminal I doubt that the posters would be questioning the home owners statement.

    I’m particularly concerned about a poster putting words in Mr. Parks mouth, “on good authority”, that he answered the home owner by saying I’m your son-in-law” and still being shot. Do the police know about this authoritative source? Everything I’ve read says there were only three witnesses and one is dead.If Parks called out I believe the police would have reason to charge the home owner.

    We don’t know if the home owner “shot to kill”, we know he shot and Parks was killed. Shooting is not like in the movies, where the good guy is always able to wound, especially with a shotgun.

    While no criminal charges have been brought I hope a grand jury is convened to hear testimony and make a final recommendation. Other wise people who do not have access to all available information will come up with alternative realities to question this matter.

  22. ella says:

    We do not know what, if any, warning was given. The whole “kill the guy” if they are in my home is western movie mentality. He was unarmed- he mistook the home for the one NEXT door where the party was. With the door open, he walked in- I can not imagine he did not yell to his friends and the homeowner would have realized what was going on. Lock your doors- Mr Park did not break in, this is a major legal issue.