The parents of a fugitive murderer are not liable for his deception of an Oregon man who unwittingly played host to him while he was on the run, the Minnesota Court of Appeals has ruled.

Gordon Weaver, accused of murdering his ex-wife, lived in the home of Jaime Jaramillo for more than four years, using the phony name David Carson. He was captured in May 2004 after Jaramillo's son spotted him in the Internet archive of "America's Most Wanted" and called the FBI.

Jaramillo claimed that Weaver's parents invaded his privacy by supporting the fugitive's fake identity scheme. Lawrence and Delores Weaver allegedly provided their son with a credit card in the name of David Carson, and Delores would call the Jaramillos and ask to speak to Carson, identifying herself as his “Aunt Rita.”

But the appeals court upheld a trial judge's dismissal of the case, finding the facts alleged by Jaramillo “do not support a conclusion that respondents (as opposed to Gordon Weaver) intended to intrude or invade on appellants’ solitude or seclusion.”

The unpublished opinion noted that the phone contact between Jaramillo and “Aunt Rita” was so benign that he even invited the Weavers to his home. “Such contact is far different than the hounding creditor or stealthy voyeur,” it said, concluding,

We recognize that appellants were unwitting hosts to a murderer. However, Gordon Weaver, not respondents, established the relationship with appellants.

Minnesota only recognized the tort of invasion of privacy in 1998. While Gordon Weaver was the only physical intruder in the Jaramillo home, the plaintiff argued that the older Weavers could be held liable for the “psychological” intrusion he suffered in befriending and trusting someone who turned out to be a murderer.

The appeals court also said Jaramillo could not sue for negligence since Weaver's parents “had no legal duty to control Gordon Weaver or warn appellants of any danger he may have posed.”

By Matthew Heller
5/3/08