Student Killed in Garage Prank
BALDWIN: It was reckless and foolish but loved ones say the prank of one teenager should not have cost him his life. And now there is another controversy involving the shooter claiming self-defense. But, this time the outcry goes beyond American borders. You see Germany here is closing watching this case which centers on the death of this German exchange student by the name of Diren Dede. And our Montana TV affiliates report that the surveillance footage shows the 17-year-old breaking into a garage in Missoula. Dede reportedly was garage hopping. It's this type of dare to steal. Now, an affidavit reads that the garage owner, Markus Kaarma heard noises and then shot four times into the dark garage killing this teenager.</s>KATE WALKER, EXCHANGE STUDENT'S HOST FAMILY: Very angry. I don't -- it just never should have happened and -</s>UNIDENTIFIED MALE: How do you mean angry?</s>WALKER: Angry that someone could get shot down in someone's garage. That shouldn't happen.</s>RANDY SMITH, EXCHANGE STUDENT'S HOST FAMILY: He's just such a great kid. We just - so we requested that we be allowed to - he just be allowed to stay with us the whole year, which was not our original intent. But he was just such a fun, wonderful kid.</s>BALDWIN: Kaarma, who is the father of a 10-month-old, has a hearing today. He's expected to be arraigned this week. But there's so much more to this story. So let's bring in CNN legal analyst Sunny Hostin, on the case with me today. And, Sunny Hostin, a couple of things first. We know that the affidavit shows that the garage owners, they have had issues with break-ins apparently before, left the garage open on purpose, even put a purse there as potential bait. Investigators say it is possible Kaarma may have been high when he pulled the trigger. How does that affect his claims that he was protecting himself and his property?</s>SUNNY HOSTIN, CNN LEGAL ANALYST: Yes, you know, I think that's going to be very difficult because the bottom line is, in Montana and in many states, I think all of them really, we have this castle doctrine, which means, when you're in your home, that should be your safe place, your safe haven, right? No one should be able to come in and attack you, your property, your family without you being able to defend yourself. And that's been a tenant of our legal system since the very beginning. This is a bit different. Minnesota's is a bit more extensive because it places the burden on the prosecution to prove that it wasn't self- defense. But also you really can't lay in wait for someone. You can't lay a trap inside your home and then claim self-defense. You can't claim that you're defending yourself and your property. And I think that's what's going to be difficult here because, as you mentioned, there have - there is an affidavit that indicates that he told someone that he's tired of - rather he told someone that he was waiting to shoot a f-ing kid in his garage. That there have been three weeks of break-ins. That his wife had placed a purse with her personal belongings in the garage, had left the garage door open and even placed a baby monitor in the garage.</s>BALDWIN: Wow.</s>HOSTIN: And that sounds very much to me like a trap, right?</s>BALDWIN: So he was -- sounds like maybe looking for someone. But then, you know, again you have this teenager who was garage hopping, shouldn't have been where he was, looking to steal something potentially. And I know you talk about the castle doctrine but just really simply, what kind of rights would a homeowner have in that situation?</s>HOSTIN: Yes. I mean, and that's the thing. I think if this ever goes to trial, a jury trial, there - it's going to be very difficult because homeowners do have the right to be safe in their persons in their property to be safe when they're in their home. And so I think a jury may feel like, well, this kid was in the garage, on their property, don't they have a right to be fearful? But again, there's that twist here because - there's tension because you really can't lay in wait. You can't trap somebody and then shoot them. So I think it's going to be a close call actually when you look at the facts of this case for a jury to find him guilty. And let's face it, I mean, Montana has the country's highest - one of the country's highest areas of gun ownership and so there's that as well.</s>BALDWIN: Yes. Garage hopping. You ever heard of that?</s>HOSTIN: I had never heard of it, but -</s>BALDWIN: Right, me neither. Me neither.</s>HOSTIN: My kids aren't going garage hopping any time soon.</s>BALDWIN: No, no, no.</s>HOSTIN: I'll teach them about this.</s>BALDWIN: Good mom. Sunny Hostin, thank you so much.</s>HOSTIN: Thanks, Brooke.</s>BALDWIN: Coming up here, Donald Sterling talking exclusively to CNN about his racist rant. We are also now hearing from his estranged wife as well. That's a whole other layer to this story. She says the divorce petition is signed. She blames his bizarre behavior on dementia. So you will hear from her coming up. Plus this. A boulder stops inches from a church. Was it luck? Was it divine intervention? We will hear from the pastor just ahead here on CNN.