(StraightNews.org) – Police in California have arrested a 77-year-old man for shooting an alleged burglar at his home. The incident occurred after two men and a woman approached a residence in Oakland on the evening of June 10, one of them holding a crowbar, witnesses said. Police responded to a 911 call reporting a shooting and burglary in progress and arrived to find the unnamed homeowner aiming a Colt Python revolver at the female suspect. One of the male suspects had been shot, and paramedic attempts to revive him were unsuccessful. The second male suspect was arrested and charged with burglary.
Acting Deputy Chief of Investigations Frederick Shavies held a press conference on June 12 and told reporters that the group of alleged burglars made several attempts to gain access to the property and eventually opted to scale a surrounding fence, only to find the homeowner waiting with a gun.
Shavies furthermore explained that Oakland Police Department officers took the 77-year-old into custody, but he refused to provide a statement. The case was sent to the District Attorney’s office, but no charges were immediately filed. Mr. Shavies said investigations are ongoing.
Self-defense laws in California differ from those in some states, and the amount of force permissible must be considered proportionate. Deadly force is allowed if this is the only way an individual can protect themselves or others from immediate and imminent harm. The law is differently applied depending on where an incident takes place. If under threat at home, a person does not have a duty to retreat – meaning they are not obliged to attempt to remove themselves from the situation.
The duty to retreat applies to incidents that occur in public places, such as streets or workplaces. Certain conditions must be met for self-defense to apply. An individual must be able to demonstrate that they were in immediate danger of serious harm and that they believed it reasonably necessary to use force to prevent that harm.
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