Watsonville Home Invasion Case Involving Weapons

Attorney explains how the homeowner could have legally fired a gun

WATSONVILLE, Calif. - Watsonville police said they're looking for a man who tried to break in and rob a home early Tuesday morning, while armed and wearing a Halloween mask in the 200 block of Carey Avenue.  It sounds straight out of a horror movie.  The victims told police he broke a hole through their front door, then pointed his gun through the hole.  We found out those victims didn't back down and instead found a place to hide and grabbed their own gun. 

Police said once the suspect knew the homeowners were armed, he ran off.  In this case, shots weren't fired by either the suspect or the victim.  We found out there are some important factors in determining whether using deadly force is legal.

In California, a person faced with deadly force, has the right to protect themselves under the castle doctrine -- also known as stand your ground.  If deadly force is used, a jury uses several guidelines like these, to decide whether the person had a right to self-defense.   

Attorney Stephen Wagner said he's handled both defense and prosecution cases involving deadly force inside a home.  Wagner said when a case like this comes along, the laws work strongly in favor of the victim.

"So then there's the merger of two bodies of law.  The right to defend yourself and the right to defend property," said attorney Stephen Wagner with Noland, Hamerly, Etienne & Hoss in Salinas, CA.

Wagner said the jury uses specific instructions to decide if the person had a right to stand their ground. 

"Which really means that a person who is confronted with deadly force, does not have to retreat," Wagner said.    

Stand your ground laws got a lot of publicity after neighborhood watch volunteer George Zimmerman was tried and acquitted for gunning down 17-year-old Trayvon Martin in Florida almost two years ago.  Wagner said in California a person doesn't have a right to self-defense if he or she provokes a fight and finding the right evidence can be difficult.

"Pretty common to have a scenario where you've got one persons word against the other," Wagner said.    

In this Watsonville case, even though no one fired, Wagner said based on the information he has so far, the victim could've had a right to fire. 

"If there's facts to support that the potential intruders were in fact armed, then the homeowner would very likely have acted within his rights or her rights," Wagner said.

We tried to speak with the homeowners, but they said they're just too scared to share their story right now. 


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