A female homeowner in the town of Hollywood Hills, California, exercised her 2nd Amendment rights and defended her hearth and home from an alleged intruder on the night of Sunday, October 15, when he tried to forcibly enter her home.
The incident occurred at around 9:30 in the evening, when the woman saw the alleged intruder in her backyard. She then allegedly saw him making his way through the yard and to her back door, through which he allegedly tried to enter to get into her home.
Having seen the man trespass through her yard and then attempt to forcibly enter her home, the woman firmly asked him to stop. Instead of complying, he allegedly proceeded to continue trying to forcibly enter the home through the back door.
Not only that, but the man also allegedly kept reaching into his pocket. That repeated gesture led the female homeowner to believe that he was reaching for a weapon and deciding whether or not to use it, so she proceeded to use a firearm of her own to open fire on him.
The homeowner, who Fox 11 reports has not been detained by the local police department over the shooting, managed to strike the alleged intruder, leaving him in critical condition. He has been taken to an area hospital for treatment of the gunshot wound.
Indicating why the woman was not detained, a report in KTLA on the incident claims that the initial Los Angeles Police Department investigation of the incident determined that the woman was telling the truth in claiming that the man, who was in his 30s, was attempting to forcibly enter the home through its back door.
NBC Los Angeles provided a few more details in its short report on the incident, noting that the weapon used in the incident was a shotgun and that neighbors of the woman involved claimed that there have been previous break-in attempts reported at the residence.
Other reports, such as one in CBS News, report that the man shot had tried to enter other homes in the area before the shooting and that he was yelling “they hurt me” and demanding the homeowner let him inside when she opened fire.
California’s Castle Doctrine, PC 198.5, provides, “Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.”
It is unclear if the Castle Doctrine applies, as the man was outside the home and trying to enter it when shot, not inside the home itself. However, California also has stand your ground laws the woman could use to make her case, as she seems to have reasonably believed that he was reaching in his pocket for a firearm.
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