(LA) Homeowner shoots burglar in self-defense 02-08-05
Date: Feb 9, 2005 6:47 PM
<http://www.2theadvocate.com/stories/020805/new_burglarshot001.shtml>;

Homeowner shoots alleged burglar in self defense
By BRETT TROXLER
[email protected]
2theadvocate.com staff
From a report by WBRZ’s Ben Lemoine

A burglary suspect was shot twice on Monday by the owner of a home he
was allegedly trying to break into in north Baton Rouge.
Baton Rouge Police said the teenager got away, but an off-duty officer
noticed the injured suspect not long after at a Family Dollar on Airline
Highway.

No charges have been filed against the homeowner, as police call the act
self defense.

According to Louisiana law, a homicide is now justified when committed
by a person lawfully inside a dwelling, place of business or a vehicle
against a person who is attempting to make unlawful entry. The person
committing the homicide must reasonably believe that the use of deadly
force is necessary to prevent the entry or to compel the intruder to
leave.

“You have a right to use force up to and including deadly force if you
reasonably believe that it is what’s necessary to make them stop trying
to break into your structure,” said Cpl. Don Kelly of the BRPD. “You
don’t necessarily have to state or convince police or a jury that you’re
in fear of your life. The threshold of proof for homeowner or business
or car owner is someone was trying to break in, and I felt deadly force
was the only option to get them to stop.”

Kelly said the law is designed to protect those who are threatened, not
the criminal.