Elderly homeowner arrested after fatally shooting California burglary suspect, cops say
A California homeowner was arrested after fatally shooting a suspected robber trying to break into his home with two other thieves Monday night, police said.
The 77-year-old man was arrested Tuesday on suspicion of murder.
It was not immediately clear if the homeowner would be charged in the man’s killing or if it could be justified as self-defense, KTVU reported.
The shooting unfolded shortly after two men and a woman pulled up to the man’s East Oakland home around 6 p.m. Monday in a stolen Infiniti Q40.
A witness told police one of the men was carrying a crowbar when they walked onto the property — and that they soon after heard a gunshot.
When police arrived at the scene they found the homeowner pointing a stolen Colt Python revolver at the female suspect, who told police he had shot her male friend, according to court documents reviewed by the station.
Firefighters and paramedics tried to save the male suspect but he died at the scene.
He has not been identified.
The third suspect was found at the scene with a replica gun.
He was arrested on suspicion of burglary.
The case is under review by the Alameda County District Attorney’s Office, which has not yet filed charges against the homeowner, despite his arrest.
Neighbors earlier told the station they heard two gunshots ring out Monday night and saw the suspect stumbling from the home and falling to the ground shortly after.
Witnesses said they then saw the homeowner emerge from the home with his weapon.
KTVU legal analyst Michael Cardoza said depending on the facts of the case, the homeowner could argue the shooting was self-defense.
“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 said.
Prosecutors have until Thursday to decide whether to bring charges against the homeowner.
According to KTVU, the homeowner declined to speak with investigators regarding the case.
