A 77-year-old Oakland homeowner has been arrested on a murder charge after he shot and killed a suspected burglar earlier this week. KTVU-TV reported..
KTVU said it was unclear whether the homeowner, who has not been named, will be formally charged or if the homeowner fired the fatal shots in self-defense.
“If your life, or the lives of others in your home, are in immediate danger, you have the right to take the steps necessary to defend yourself against an intruder.”
Authorities say two men and a woman in a stolen Infiniti Q40 arrived at a home near the intersection of 98th Avenue and Barr Street in East Oakland just before 6 p.m. Monday.
Witnesses told police that three people had entered the property and that one of the men was holding a crowbar, KTVU reported, adding that the witness then heard gunshots. East Bay TimesWitnesses saw three people breaking into the man’s home.
Neighbors told police they heard multiple gunshots in the area of 98th Avenue and Barr Street.
KTVU reported, citing court documents, that police who arrived on the scene found the homeowner pointing a stolen Colt Python handgun at the female suspect. The woman told police the homeowner had shot her friend. Firefighters and paramedics tried to save the unidentified suspect, but he died at the scene, according to the station. A third suspect was found in possession of a replica gun at the scene and was arrested on a larceny charge, police said. The Times reported that Alameda County prosecutors had not yet charged the third suspect as of Wednesday morning.
The Times also reported that as of Wednesday morning, the homeowner was being held without bail. According to KTVU, the Alameda County District Attorney’s Office is expected to make a decision by Thursday on whether to charge the homeowner, but the homeowner has refused to speak with investigators.
“You can’t chase someone. Chasing someone and, say, shooting them in the back is illegal,” KTVU legal analyst Michael Cardoza told the station. But Cardoza added that homeowners could also claim self-defense, depending on the facts. “If you are in imminent fear for your life or the life of someone else in your home, you are well within your rights to take the steps necessary in self-defense against an intruder.”
Oakland homeowner shoots and kills burglar suspect | KTVUYoutube
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