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Intruder breaks into home, and owner shoots him Share Shares Copy Link Copy

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BRANDON: APD IS NOT SAYING MUCH ABOUT THE INVESTIGATION ITSELF. HOWEVER, WE SPOKE WITH A MAN WHO LIVES NEAR WHERE THE SHOOTING HAPPENED. HE TALKS ABOUT T FEA ENABLES -- FEAR NEIGHBORS FEEL AFTER ALL THIS WENT DOWN. WE ALSO TALKED TO OUR OWN LEGAL EXPERT ABOUT HOW POLICE INVESTIGATE THIS PARTICULAR KIND OF SHOOTING. >> IF THEY COME ON MY PROPER AND ACT LIKE THEY ARE GOING TO HARM ME, YOU’RE DARN RIGHT I WOULD SHOOT. BRANDON: THIS MAN LIVES NEAR SONYA AVENUE AND BENAVIDES ROAD WHERE THE SHOOTING HAPPENED. HE SAYS CRIME HAS GOTTEN SO BAD, HOMEOWNERS HAVE NO CHOICE BUT TO DEFEND THEMSELVES. >> ALBUQUERQUE AS A WHOLE IS GETTING WORSE AND WORSE, AND THE POLICE DON’T HAVE ANY JURISDICTION THAT’S THE PROBLEM. BRANDON: KOAT LEGAL EXPERT JOHN DAY SAYS WHILE NEW MEXICO IS NOT A STAND YOUR GROUND STATE, HOMEOWNERS HERE DO HAVE RIGHTS WHEN IT COMES TO SELF DEFENS >> WHAT WE HAVE IS THE CONCEPT THAT IF YOU ARE THREATENED WIT DEADLY FORCE, YOU ARE ENTITLED TO USE DEADLY FORCE TO PROTECT YOURSELF. BRANDON: BUT HE SAYS THE HOMEOWNER HAS TO PROVE THAT THEIR LIFE WAS IN DANGER. >> IF SOMEONE IS STEALING YOUR CAR AND DRIVING AWAY, THAT’S NOT A DEADLY THREAT TO YOUR PERS OR YOUR FAMILY. IF THEY’RE TRYIG TO BREAK IN THROUGH YOUR WINDOW OR YOUR DOOR, THAT’S A DIFFERENT STORY. BRANDON: DAY SAYS THAT DEFENSE CAN ALSO BE USED WHEN PROTECTING LOVED ONES FROM A DEADLY THREAT. >> YOU’RE ENTITLED TO USE DEADLY FORCE TO PROTECT ANOTHER PERSON, IF YOU CAN SAY, YES, MY SON OR MY DAUGHTER OR MY MOTHER WAS IN DANGER FROM THIS PERSON AND IT WAS REASONABLE TO USE THAT DEADLY FORCE BRANDON: THIS IS THE SECOND TIME IN ALBUQUERQUE THIS MONTH A HOMEOWNER SHOT SOMEONE POLICE SAY WAS TRYING TO BREAK IN. THIS ONE HAPPENED TWO WEEKS AGO IN A NEIGHBORHOOD NEAR COORS AND PASEO DEL NORTE. IN THIS CASE, THE HOMEOWNER KILLED THE WOULD-BE BURGLA AS FAR AS THE LATEST CA GOES, POLICE NOT SAYING IF THE HOMEOWNER FACES ANY CHARGES. THE PERSON SHOT WAS TAKEN TO THE HOSPITAL, BUT THEIR CONDITION IS UNKNOWN AT THIS TIME. WE WIL