OAKLAND — An armed East Oakland homeowner who tried to dissuade a burglary suspect with several warning shots ended up shooting the man in the leg Monday in the most recent in a string of incidents in which victims have shot suspects.
Neighbors of the home on the 2200 block of 100th Avenue said the house had been broken into before.
"The guy is exasperated because they target his house," said the shooter's next-door neighbor, who declined to give her name. "There's got to be somebody watching him, because the minute he leaves the house it's targeted to be broken into. It's between five and six times, quite a few attempts at it, no matter what he does."
Police said the 37-year-old homeowner, who has lived in the house most of his life, was home a little before 11 a.m. Monday when he saw someone walk toward his garage, then reappear and try to pry open a back window with a garden tool. The homeowner walked to his deck and fired warning shots with a pistol, which seemed to drive the man away.
But when the homeowner stepped out his front door, the suspect reappeared and began moving toward the house, as if determined to get in, according to a statement the man gave police. The homeowner fired two more warning shots into the ground, but the suspect kept coming forward, at which point the homeowner shot the suspect in the upper leg.
Someone who fires a gun in self-defense is given much greater latitude if his perceived attacker is in the shooter's home, said Norbert Chu, senior deputy district attorney for Alameda. "If you're willing to breach the castle moat, so to speak, it shows you're an imminent danger that subjects you to almost any force, at a far greater level than once you leave the house," Chu said. Oakland residents fearful of crime may buy guns for self-defense, but (FORMER DA turned defense attorney) Stallworth urged caution. "The problem is that this particular event is "... the exception," Stallworth said. "More often, guns come out in domestic disputes, or someone (angers) them, hurts their ego or bravado, and they bring it out. Then they go to court and say they bought the gun for defense. (People) having a gun in the home most often leads to violence that doesn't have to do with defending themselves. It's part of the tragedy." Typical of a bleeding heart to find the dark cloud amongst all that silver lining. Part and parcel of living in the land of fruits and nuts I suppose, and to the premise that guns lead to violence, well damn hoss, in cases like this lets hope so.
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