An elderly homeowner in Oakland was arrested after shooting and killing a robber, but now faces potential consequences for defending himself.
KTVU reported Wednesday that a 77-year-old homeowner was arrested on suspicion of murder. He remains behind bars as of Tuesday.
The deadly shooting occurred Monday evening around 5:55 P.M. According to KTVU, two men and a woman arrived at the man’s home in East Oakland in a stolen Infiniti Q40.
According to the outlet, a witness informed Oakland police that the three criminals walked onto the property, with one of them carrying a crowbar. The witness reported hearing a gunshot shortly afterward.
Court papers examined by KTVU indicate that when police arrived, they discovered the elderly man aiming a stolen Colt Python revolver at the female suspect. It remains uncertain whether the firearm belonged to the homeowner.
That female burglar told police the homeowner had shot her partner-in-crime. Oakland firefighters and paramedics then tried to save the suspect but to no avail.
Police said the third suspect, a male, was found at the scene with a replica gun. He was arrested on suspicion of burglary.
KTVU reporter Henry K. Lee captured exclusive footage of the police swarming the man’s home and presumably taking him into custody then. Notice the sheer number of police vehicles around the man’s house.
VIDEO AT THE END OF THE ARTICLE!
According to KTVU, the Alameda County District Attorney’s Office is currently reviewing the case. Prosecutors have until tomorrow to determine whether to press charges against the homeowner.
Legal analyst Michael Cardoza from KTVU stated that whether the homeowner avoids murder charges would hinge on several factors, such as whether he shot the criminal in the back.
“You’re not supposed to chase them,” Cardoza explained. “If you chase them and shoot them, for example, in the back, that is unlawful.”
Cardoza also emphasized that the homeowner must demonstrate he was in immediate fear for his life to effectively argue self-defense and potentially avoid being charged with murder.
“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,” he told KTVU.
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