Homeowner Arrested After Shooting Squatter in Vacant Property

A homeowner in Oklahoma was taken into custody this month after fatally shooting a squatter inside his unoccupied house. However, his attorney suggests that proving self-defense might be challenging.

Timothy Smith, 59, faces charges of first-degree manslaughter and reckless firearm conduct following the shooting of a squatter at an abandoned home in Oklahoma City on May 1, according to KOCOTV.

Smith remains in the Oklahoma County Detention Center, with his next court appearance scheduled for June 18. In addition to manslaughter, he faces charges of assault and assault with a deadly weapon.

Smith reportedly told investigators that he and his daughter checked the property after previous encounters with homeless individuals. Upon entering the house, he found Justin King in a back room with another individual.

After asking them to leave, Smith alleged that King approached him, prompting Smith to fire his weapon, which struck King in the neck.

Legal expert Ed Blau commented that Smith’s assertion of self-defense is complicated, noting that the homeowner was not residing in the house at the time of the incident. “There is no death penalty for squatting in Oklahoma,” he remarked, emphasizing that shooting someone in this context isn’t justifiable.

Blau further explained that claims of self-defense may be undermined by Smith’s own admission to the police that he did not feel threatened during the confrontation. “It will be difficult to maintain a solid defense,” he stated.

While Oklahoma’s Castle Doctrine permits homeowners to use force against intruders, Blau clarified that this right doesn’t necessarily extend to vacant properties. “If someone breaks into a home where you live, you can defend yourself,” he said, but in this case, the dynamics differ significantly because the property was not occupied.