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Update on Defensive Shooting in New Jersey

And update to the case we talked about last week.  The man shot by a senior citizen homeowner during a home invasion has died from his wounds.

The homeowner has not been charged, Mohel said.

“The investigation is continuing,” he said.

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, said Ronald F. DeLigney, First Assistant Ocean County Prosecutor.

A sixty six year old man, within twenty one feet of a much younger thirty one year old man who had unlawfully entered his home?  In most states, this is the only evidence that would be necessary for prosecutors to rule it justifiable.  Even in Pennsylvania, where technically there is a duty to retreat inside your home (but not from your home), no prosecutor would take this case forward because you won’t find a jury that’ll convict a homeowner of shooting a home invader.  Yet a week later, the Ocean County Prosecutor isn’t sure, even though it’s pretty obvious the man was in the homeowners dwelling unlawfully, and at a distance where he was an immediate threat.

UPDATE: According to this article, he’s retained Evan Nappen as his attorney.

4 Responses to “Update on Defensive Shooting in New Jersey”

  1. Libertarian says:

    I think Evan Nappen should be able to defend this homeowner if it really comes down to it.

  2. Ian Argent says:

    Yet another way to dicourage firearms ownership. I read stories like this and wonder if I should bother going through the wringer.

  3. Robert says:

    This story is being covered by the Asbury Park Press, which is owned by Gannet Company, Inc. Gannet owns many newspapers, including six which cover different areas of New Jersey.

    What I have noticed is that while news stories about crime being committed with firearms from all over New Jersey often get covered by all six Gannet-owned newspapers, this particular story about a law-abiding New Jersey resident who used his own legally possessed firearm to repel a home invasion is only being covered by the newspaper local to where it occurred.

    How’s that for selective and biased reporting?

  4. gordo says:

    we haven’t had a decent newspaper on the west coast since gannet bought most of the major ones. you might as well read usa today for all your news.

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