We really don’t know the details here, and I think that’s key. There are scenarios where charging a homeowner make sense. Like you see an intruder with a knife. You whack them with a bat. And you knock them to the ground. And then you just…keep doing it. The guy is literally on the ground, skull half caved in, just begging you to call a fucking ambulance, completely at your mercy…and you’re still whacking him. Force can easily escalate well past what is needed for any reasonable level of self defense. Just because someone breaks into your home does not give you legal permission to torture them or murder them in cold blood. Maybe the homeowner tied the intruder up and literally tortured him.
A prosecutor knows how unpopular prosecuting a homeowner for attacking a break-in victim would be. It would be an obvious political lightning rod. I’m inclined to believe that if they’re willing to go to all that trouble, the homeowner likely did something that went well beyond what any jury would consider reasonable self defense. This is the kind of case you do not as a prosecutor make unless you can be damn sure you’re getting a conviction.
We really don’t know the details here, and I think that’s key. There are scenarios where charging a homeowner make sense. Like you see an intruder with a knife. You whack them with a bat. And you knock them to the ground. And then you just…keep doing it. The guy is literally on the ground, skull half caved in, just begging you to call a fucking ambulance, completely at your mercy…and you’re still whacking him. Force can easily escalate well past what is needed for any reasonable level of self defense. Just because someone breaks into your home does not give you legal permission to torture them or murder them in cold blood. Maybe the homeowner tied the intruder up and literally tortured him.
A prosecutor knows how unpopular prosecuting a homeowner for attacking a break-in victim would be. It would be an obvious political lightning rod. I’m inclined to believe that if they’re willing to go to all that trouble, the homeowner likely did something that went well beyond what any jury would consider reasonable self defense. This is the kind of case you do not as a prosecutor make unless you can be damn sure you’re getting a conviction.