Local Home Invasion Ends Sucessfully...
Homeowner shoots intruder in Lakewood | APP.com | Asbury Park Press
A man who broke into an East County Line Road house early Friday morning was in critical condition after being shot by the home's owner.
About 5 a.m. the homeowner, whose name was not released by authorities, awoke to find Tucker inside his home. The homeowner, described by authorities as an elderly man who lived alone, then shot Tucker from a distance of about 20 feet and dialed 911 to report the break-in, Mohel said.
The New Jersey statute outlining when it is justifiable to use deadly force within a private dwelling is extremely nuanced and built on a long history of case law, said Ronald F. DeLigney, first assistant Ocean County prosecutor.
A homeowner, when under the "reasonable belief" that force is immediately necessary to protect himself or others against the use of unlawful force by an intruder, can shoot, he said.
"The reasonable belief exists when the actor, to protect (himself) within his own dwelling at the time of the offense, the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly, and the actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling," DeLigney said.
As the investigation continues, the homeowner could be charged in the shooting, authorities said. Ultimately, the decision whether or not to present a case against him to a grand jury will be made by the Prosecutor's Office.
Tucker, who was not charged, gained access to the house by stepping on an object outside and entering a kitchen window, Mohel said. It is unknown how much time he spent inside, but he was shot near the front door at a landing to stairs leading to the home's second floor.
A man who broke into an East County Line Road house early Friday morning was in critical condition after being shot by the home's owner.
About 5 a.m. the homeowner, whose name was not released by authorities, awoke to find Tucker inside his home. The homeowner, described by authorities as an elderly man who lived alone, then shot Tucker from a distance of about 20 feet and dialed 911 to report the break-in, Mohel said.
Nice, a head shot. However, this isn't Sparta
The New Jersey statute outlining when it is justifiable to use deadly force within a private dwelling is extremely nuanced and built on a long history of case law, said Ronald F. DeLigney, first assistant Ocean County prosecutor.
A homeowner, when under the "reasonable belief" that force is immediately necessary to protect himself or others against the use of unlawful force by an intruder, can shoot, he said.
"The reasonable belief exists when the actor, to protect (himself) within his own dwelling at the time of the offense, the encounter between the actor and intruder was sudden and unexpected, compelling the actor to act instantly, and the actor reasonably believed that the intruder would inflict personal injury upon the actor or others in the dwelling," DeLigney said.
As the investigation continues, the homeowner could be charged in the shooting, authorities said. Ultimately, the decision whether or not to present a case against him to a grand jury will be made by the Prosecutor's Office.
Note who wasn't charged...
Tucker, who was not charged, gained access to the house by stepping on an object outside and entering a kitchen window, Mohel said. It is unknown how much time he spent inside, but he was shot near the front door at a landing to stairs leading to the home's second floor.
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