A 77-year-old Oakland homeowner was arrested on suspicion of murder after fatally shooting a robbery suspect earlier this week, KTVU-TV reported.
The station said it’s unclear whether the homeowner, whom KTVU isn’t naming, will be formally charged or whether the homeowner was justified in the fatal shooting on self-defense grounds.
‘If you are in imminent fear of your life or someone else’s life in your home, you have every right to take necessary means for self-defense against the invaders.’
Authorities said two men and a woman in a stolen Infiniti Q40 pulled up to a residence in the area of 98th Avenue and Burr Street in East Oakland just before 6 p.m. Monday, the station said.
A witness told police the trio went on to the property, and one of the men had a crowbar, KTVU reported, adding that the witness then heard a gunshot. According to the East Bay Times, a witness saw the trio breaking into the man’s house.
Neighbors told the station they heard multiple gunshots in the area of 98th Avenue and Burr Street.
KTVU, citing court documents, said arriving police found the homeowner pointing a stolen Colt Python revolver at the female suspect, who told cops the homeowner shot her friend. The station said firefighters and paramedics tried to save the unidentified suspect, but he died at the scene. Police said the third suspect was found at the scene with a replica gun and was arrested on suspicion of burglary, KTVU added. The Times reported that Alameda County prosecutors had not yet filed charges against the third suspect as of Wednesday morning.
The Times also reported that the homeowner was being held without bail as of Wednesday morning. According to KTVU, the Alameda County District Attorney’s Office has until Thursday to make a decision regarding whether to charge the homeowner, who declined to speak with investigators.
KTVU legal analyst Michael Cardoza told the station, “You’re not supposed to chase them. If you chase them and shoot them, for example, in the back, that is unlawful.” But Cardoza added that homeowner could still argue self-defense, depending on the facts: “If you are in imminent fear of your life or someone else’s life in your home, you have every right to take necessary means for self-defense against the invaders.”
Oakland homeowner fatally shoots burglary suspect | KTVUyoutu.be
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