MADELIA, Minn. — A homeowner is accused of shooting at a vehicle carrying three teens and killing one of them as they fled the property they were casing for a future burglary, according to a court complaint.

In a case drawing nationwide interest in legal circles, David Allen Pettersen, 65, of rural Minnesota, has been charged with second-degree manslaughter and reckless discharge of a firearm in Watonwan County District Court.

Pettersen called 911 and said he had fired at a vehicle as it left his property Saturday morning, according a criminal complaint obtained by the Mankato, Minnesota Free Press.

Pettersen’s actions have some legal experts asking if provisions of the castle doctrine could be applied to his defense. The castle doctrine, or castle law, allows a person to defend against an intruder in their home or car and, in some situations, to use deadly force without legal consequences. As many as 40 states have a castle law on their books in some form. While Minnesota’s statute does not require someone to retreat before using deadly force, previous cases have upheld the duty to retreat. 

According to police, Pettersen said he confronted someone on his deck and the trespasser jumped off the deck and crawled to a waiting vehicle. Pettersen told authorities he grabbed his .45-caliber handgun and fired two or three times. He was about 10 feet from the vehicle.

Pettersen told authorities he was trying to shoot at the vehicle’s tires. Instead, he struck driver Nicolas Thomas Embertson, 19, of Madelia.

Kyle Thomas Nason, 18, told an investigator he then got into the driver’s seat and drove away, the complaint said. A responding deputy stopped the vehicle. Embertson was taken to the Madelia hospital, where he was pronounced dead.

At the hospital, police say Nason told a sheriff’s investigator they went to the residence to case it for a future burglary. Nason said he was on the deck when the homeowner came out. He broke his ankle when he jumped off the deck, he said. They got back to their vehicle and as they were driving away, Nason said he heard two loud bangs.

Embertson said, “I think I’ve been hit,” according to Nason. Embertson lost consciousness and the vehicle went off the driveway. Nason said he then got into the driver’s seat and drove until they were stopped.

A third occupant of the vehicle, Cornelius Ayers Jr., 18, was not injured.

Watonwan County Attorney Stephen Lindee said Pettersen’s actions were not self-defense.

“They were leaving. Any threat to him was over,” Lindee said.

The county attorney said he reviewed all potentially applicable charges and decided second-degree manslaughter “was the most appropriate.”

Pettersen was released from jail Monday. Bail was set at $100,000 but payment was waived on conditions including that Pettersen not leave the state or possess any firearms. He will make a first court appearance Feb. 21.

Lindee said he will decide in coming days whether charges are warranted against the surviving two teens.

The Mankato, Minnesota Free Press contributed to this story.