A California homeowner has been arrested after he and two other burglars shot and killed a suspected burglar who was trying to break into his home Monday night, police said.
A 77-year-old man was arrested on suspicion of murder on Tuesday. It is not immediately clear whether the homeowner will be charged with murder or whether his actions will be considered justified in self-defense. KTVU reported.
The shooting happened around 6pm on Monday, shortly after two men and a woman arrived at the man’s East Oakland home in a stolen Infiniti Q40.
Witnesses told police they saw one of the men holding a crowbar when they entered the property and heard gunshots shortly after.
When police arrived on the scene, they found the homeowner pointing a stolen Colt Python handgun at the female suspect, who told police she had shot a male friend, according to court documents reviewed by the department.
Firefighters and paramedics attempted to extricate the male suspect, whose identity has not been released, but he died at the scene.
A third suspect was found at the scene in possession of a replica gun and was arrested on suspicion of theft.
The incident is under investigation by the Alameda County District Attorney’s Office, which has not yet filed charges against the homeowner despite the arrest.
neighbor He previously told the station They heard two gunshots ring out Monday night and saw the suspect stagger out of the home and fall to the ground a short time later.
Witnesses said they then saw the homeowner come out of the house armed with a weapon.
KTVU legal analyst Michael Cardoza said depending on the facts of the case, the homeowner could argue the shooting was in self-defense.
“If your life or the lives of others in your home are in immediate danger, you are well within your rights to take the steps necessary to defend yourself against an intruder,” he said.
Prosecutors have until Thursday to decide whether to charge the homeowner.
According to KTVU, the homeowner refused to speak with investigators about the incident.
