Phoenix Homeowner Shoots Intruders: “If they come in, they better come in ready.”
A Phoenix homeowner shot two intruders who attempted to enter his home on March 30. One was fatally shot, the other seriously injured.
At just after 1 a.m. near 19th and Peoria Avenues, two men tried to break into a home. The homeowner was armed, and shot both of them to prevent them from entry to his residence.
“It was a little after 1 a.m. when the individuals tried to get into the house. That’s when the homeowner shot them. One of them passed away from their injuries and the other was taken to the hospital.” Phoenix Police Sgt Jamie Rothschild
It was the last time one of them will ever try it. The deceased suspect was identified as Michael Ahumada, 34. The other suspect, a 33 year old male, was transported to the hospital and listed in critical condition. His name has not been released.
The homeowner had a message when interviewed by AZFamily: : “If they come in, they better come in ready.”
Police are investigating the incident. It is unknown whether the homeowner will face charges, but it is unlikely, depending on the actual circumstances.
Arizona has a strong castle doctrine, and “stand your ground” defense statute that says “a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other’s use or attempted use of unlawful physical force.”
The key is “reasonable” use of force. but faced with two men trying to get into your home, there is no requirement to retreat.
“Like the proportionality with self-defense, you can only use deadly force if you’re facing a deadly threat. So if someone punches you, you can’t say, ‘Oh, I thought my life was in danger, so I shot him in the face.’ But if they pull a gun on you, that’s permissible.” Attorney Andrew Wenker in Arizona Central
The state has to prove beyond a reasonable doubt that self-defense was not justified.
The homeowner was not arrested, and it is unlikely that he will be.