(UnitedVoice.com) – California police have arrested an elderly man on suspicion of murder. The 77-year-old fatally shot an intruder in his Oakland home. So far, he hasn’t been charged with a crime.
Around 6 p.m. on June 10, three people, two men and a woman, parked a stolen Infiniti Q40 SUV outside a home near 98th and Burr in East Oakland, California. The three walked onto the property, with one of the men carrying a crowbar. Minutes later, neighbors heard two shots and saw one of the men stumble out of the home and collapse.
Someone called the police, who responded to the incident; they found the homeowner aiming a handgun at the female intruder, and one of the males on the ground with gunshot wounds. The woman told police the homeowner had shot her friend. Paramedics were called, but the wounded intruder died at the scene. The third intruder was later arrested nearby; police found he was carrying a replica gun.
According to the Oakland Police Department, they took the homeowner to their Homicide Division office; he refused to make a statement, so he was arrested and jailed. However, as of June 12, the Alameda County DA’s office is reviewing the case, and he hasn’t been charged with any crime. Legal experts say he has a good argument for pleading self-defense, as the intruders had broken into his home.
However, one possible complication is that some media outlets are reporting that the gun he used, a Colt Python revolver, was stolen. That shouldn’t affect whether the homeowner is charged with murder or not, but if he possessed the gun illegally, he could face other charges. On the other hand, if it was brought by one of the intruders and he managed to take the pistol and defend himself with it, that’s a different story.
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