Home Invasion Suspect’s Death A Justifiable Homicide

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.

Home Invasion Suspect's Death A Justifiable Homicide
Home Invasion Suspect's Death A Justifiable Homicide

USA –-(Ammoland.com)- ABC TV 57 news reported back on 07-27-18, in South Bend Indiana, St. Joseph County Police were dispatched to an apartment complex for a call about a possible home invasion.

When officers arrived, they found a 27 year old male subject lying on the apartment floor with a gunshot wound to the abdomen. He was transported to the hospital and later pronounced dead.

Officers noted the door to the apartment was splintered and debris from the door was spread throughout.

The female resident and the deceased had previously been in a relationship. When he called, she told him his property was in the car and he wasn't welcome at the apartment.

A short time later, he arrived and demanded to be let inside. She refused and fearing for her safety, she grabbed her handgun. He broke through the door, moved towards her and began hitting her. She told officers that she then shot him in self-defense.

The prosecutor's office confirmed three weeks later, on 08-20-18, that witnesses, physical evidence, digital evidence and forensic evidence showed the shooting was brought about by the deceased’s actions and his death was a result of those actions.

The fatal shooting of the decedent at the Castle Point Apartments was a justifiable homicide and no charges will be filed.

Comments:

From a separate source, I discovered some of the dead guy’s family believe this female victim got away with murder. The woman has received continuing threats over this.

More often than not in shooting cases, especially domestic ones, problems continue long after the smoke clears. Nobody wants to believe their brother or their child was deserving of death.

A costly and time consuming civil “wrongful death” lawsuit is all but inevitable in the incident. If you can save yourself with warnings and restraining orders, try to do that.

If I learned anything in the last 50 years, it’s that few people ever really win gunfights.

Bob Irwin
Bob Irwin

Bob Irwin, Las Vegas

About Bob Irwin

Bob is retired after 30 years of ownership of The Gun Store & Indoor Range in Las Vegas. He continues his 2A issues show “Fired Up with Bob Irwin” on YouTube and on KLEY 1230 AM, The Nevada Talk Network on Saturdays.

As a firearm instructor of Concealed Firearm Applicants, Armed Security Officer and Law Enforcement Academies over his career, Bob appears frequently as an expert witness for firearm & use of force cases in Federal, State, and local courts.

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circle8
circle8
2 years ago

This is an excellent case of suicide that should used to prove if you want to be an idiot this will be the consequences. Good shoot young lady, you saved court cost and prevented another young woman from being injured or killed.

Buck Cassidy
Buck Cassidy
2 years ago

Please know that South Bend, home of the University of Notre Dame, and Indianapolis, the state capital, are islands of liberalism in an otherwise sane state.

revjen45
revjen45
2 years ago

Warnings and restraining orders are only good for one thing: helping your case if you (God forbid) do have to shoot some orc who has put you in fear. It sure doesn’t keep the orc from doing you harm.

Dumbfounded
Dumbfounded
2 years ago

Not sure why this is being called a homicide? Homicide is the act of one human killing another. When this dead perp starting acting like an violent animal, he lost all rights to being a human. To me it’s the same thing as shooting a rabid raccoon in your bad yard.

TexDan
TexDan
2 years ago

“A costly and time consuming civil “wrongful death” lawsuit is all but inevitable in the incident. If you can save yourself with warnings and restraining orders, try to do that. If I learned anything in the last 50 years, it’s that few people ever really win gunfights.” I don’t know, but I would rather be the one alive after the gunfight, kinda would see that as a win. I am always reading about those getting murdered because they trusted the Law along with the requisite warnings and restraining orders. Maybe because I am from Texas and we have protections concerning… Read more »

Wild Bill
Wild Bill
2 years ago
Reply to  TexDan

@TD, Yes, thank God and the Texas legislature for the “presumption of right action” every state should have it.

Michael
Michael
2 years ago
Reply to  Wild Bill

I am a Texas resident, have a LTC, and carry regularly.
Civil immunity does not prevent a civil lawsuit from being brought against an individual in a justified self defense shooting, despite the straight forward presumption in Texas law. I have insurance just for that reason.

Wild Bill
Wild Bill
2 years ago
Reply to  Michael

, Actually civil immunity is provided by the Texas statutes. Please see Texas Civil Practice and Remedies Code Chapter 86 and especially Chapter 83.

stephen Chock
stephen Chock
2 years ago

Home invasion is a violent criminal act. Use of deadly force is the proper response. A dead home invader is one less predator and violent criminal. SHOOT STRAIGHT AND SHOOT TRUE.

charles Carbone
charles Carbone
2 years ago

I will be 69 years old in just a few days. ( my plan is to be like Moses; be 120 years old, bright eyed and bushy tailed, and go up on the mountain and let God take me). No matter how old I live to be, I will never understand how someone can be found innocent in court of law, only to be tried again in civil court This has obviously happened many times in the past and will undoubtedly continue. It only seems natural that our justice system would deteriorate to the point that accusation equals quilt with… Read more »

charles Carbone
charles Carbone
2 years ago

I meant “guilt”