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Homeowner kills robber; law may charge owner for the death

| Jan 28, 2016 | Criminal Defense, Firm News |

If someone breaks into your home and threatens you, can you kill that person and claim self defense was your only option? Your attorney can step in and help you defend yourself, like in this case. The man in Colorado fatally shot a man who had robbed and restrained him, according to the news from Jan. 27.

The man who killed the robber claims that two men came to his home to look at items he had for sale on Craigslist. When they came to the home, they revealed they had a gun, restrained the homeowner and then robbed him.

The man was not in danger when he attacked the robbers; they had been outside the home and were attempting to steal the man’s SUV. It was then that the man shot at the robber, who suffered fatal injuries. The second suspect fled and is still at large.

The homeowner may face charges, because he didn’t shoot and kill the man inside his home. The “make my day,” law, which allows for self-defense actions in the home against harmful intruders, doesn’t apply outside the front or back doors. It could also be argued that the man was also no longer in danger when he shot the suspects.

Police have to investigate to determine if the homeowner had the right to shoot at the men stealing from him. Being threatened alone isn’t enough to allow a homeowner to use force. However, there are arguments for the homeowner as well, stating that because he had been tied up and the others had guns in his home, he was threatened and felt scared for his life.

Source: New York Daily News, “Colorado man who fatally shot Craigslist robbery suspect could face charges,” Dan Good, Jan. 27, 2016