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?Â In most states, this is the only evidence that would be necessary for prosecutors to rule it justifiable.Â 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.Â 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.