No Charges For Innocent Man Who Shot, Killed Burglar

Bob Irwin highlights the latest self defense and other shootings of the week. Read them and see what went wrong, what went right and what we can learn from self defense with a gun.

Lady Liberty Justice
No Charges For Innocent Man Who Shot, Killed Burglar
Bob Irwin
Bob Irwin

USA –-(Ammoland.com)- KATU TV 2 reports 10-07-2016 in Marion County, Oregon, a Grand Jury has found a 19-year-old man was justified in shooting and killing a suspected burglar back on August 1, 2016. The incident took place at a house in the 1500 block of Nebraska Avenue NE.

The grand jury heard testimony from six witnesses, including a detective from the Salem Police Department, a medical examiner and civilians. It also was able to review photographs, audio, video, and scene diagrams.

Police say the 20-year-old suspect was in the midst of burglarizing a Salem home when he attacked the 19 year old resident with a rifle. A struggle ensued, and the resident fired, killing the intruder.

The reports are not clear but it appears they were fighting over the intruder’s rifle. The autopsy showed the intruder died of gunshot wounds.

According to Oregon statues, the resident was justified in shooting the intruder because he reasonably believed that:

  • (1) The intruder was committing or attempting to commit a burglary in a dwelling; or
  • (2) The intruder was committing or attempting to commit a felony involving the use or threatened imminent use of physical force against a person; or
  • (3) The intruder was using or about to use unlawful deadly physical force against himself or another person.

Comments:

The State law is quite clear, the resident was justified. But he spent 9 weeks wondering if his life was over…………….

After the event, Grand Juries (or District Attorneys) investigate everything. Lots of testimony here about what happened, the timing thereof and various investigator’s conclusions.

These are rarely simple. When someone dies violently, a lengthy process follows. Obviously, actual murderers try to cover their tracks, sometimes claiming self-defense. We all read the paragraph or two in a gun magazine about the incident. In reality the paperwork usually exceeds two banker boxes full of evidence, photos and reports.

Another reason to avoid using deadly force unless you have no other option? The aftermath is really time consuming and expensive!

Bob Irwin, The Gun Store, Las Vegas

About Bob Irwin

The writer is the owner of The Gun Store in Las Vegas and has a gun talk radio show “Fired Up with Bob Irwin” Firedup is now on KSHP 1400 am radio from 5 to 6 pm on Thursdays and at the same time also on YouTube “Fired Up with Bob Irwin.

  • 5 thoughts on “No Charges For Innocent Man Who Shot, Killed Burglar

    1. Why in the world would a burglar bring a rifle with him? That’s the only part of this (what little I know of it) that doesn’t make any sense.

      1. Since the burglar was already inside the house, the rifle could have belonged to the homeowner. The article says “the intruder’s rifle,” but that could be because the intruder had possession of the rifle, or it could be because the reporter was too lazy to get the facts straight. Most burglars don’t carry weapons, other than burglary tools, on jobs; if they’re armed, they’re usually home invaders, not burglars.

    2. OreTards wasting taxpayer dollars if you ask me. There should be no grand jury convened when the facts clearly show an intruder was shot while trespassing, and the police find no signs of foul play.

      1. In quite a few jurisdictions, all homicides go before a grand jury as a matter of course. It’s a way to make sure that whatever investigation that was done, was done correctly. If you’ll recall, both State Attorney Angela Corey in the George Zimmerman case and State’s Attorney Marilyn Mosby in the Baltimore Six case bypassed the grand jury, and it was a grand jury that exonerated Officer Wilson in Ferguson.
        Also, in some states, a “no true bill” finding by a grand jury is necessary to indemnify the homeowner against a civil suit.

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