“The Salt Lake County District Attorney’s Office has chosen not to pursue charges against a homeowner who shot and killed a burglar on Nov. 8.
“Police say James Brandon shot Kyle Poulton while Poulton attempted to break into his Kearns home overnight.
“Police found Poulton dead in the street and later arrested his accomplice who got away.
“The district attorney’s office says, ‘Mr. Brandon had a real, and legally justified, fear for the safety of his family and believed he was attempting to prevent his home from being burglarized.'”
Source: KSL.com
The moral of the story is don’t try to break into people’s homes in the middle of the night.
More details from the Deseret News:
“Poulton and another man rang the homeowner’s doorbell around 1:30 a.m. The home was occupied by Brandon, his wife and two children. According to reports, Brandon was part of the neighborhood watch and knew that people who burglarize homes in the area often ring the doorbell first to see if anyone is home before breaking in.
“Mr. Brandon went into the family room to look out the sliding glass door into his fenced back yard. As Mr. Brandon peered through the sliding glass door, a hooded man suddenly appeared and was reaching for the door when Mr. Brandon fired a single shot through the door at the intruder, who then fled,” the report states.
“According to Utah law, individuals are justified in using deadly force against a person who attempts to make unlawful entry into their home “surreptitiously or by stealth” if they believe the entry is intended to cause harm to the home or occupants of the home.”