Alamo, California

From the Contra Costa Times of February 23, 2006

Alamo homeowner fires on fleeing intruder

Authorities are seeking the public's help in finding an intruder who was scared away early Thursday when the startled homeowner fired several rounds at the suspect.

The resident of a home in the 1000 block of Via Del Gato was awakened just after 4 a.m. to the sounds of someone breaking in through the front door, Sheriff's spokesman Jimmy Lee said.

After calling 911, the man confronted the burglar through a window, startling the intruder, who fled down the street to a waiting truck with a driver, Lee said. The resident, who owned a gun, fired at least six rounds at the intruder as he ran away and jumped into the passenger side of the pickup, which sped away.

Authorities are not sure if the truck or either of its occupants were hit by bullets.

Sheriff's investigators were given no description on the truck, and only a vague description of the prowler. The incident is under investigation.

From the Contra Costa Times of February 24, 2006

Homeowner opens fire on intruder

An Alamo homeowner could face criminal charges after he fired six shots at a would-be intruder while chasing him down a residential street, Contra Costa Sheriff's Office investigators said Friday.

"The law is very clear about when peace officers can use deadly force and when the public can use deadly force," said Capt. Jon Cox, sheriff's patrol commander. "(Both) have to demonstrate that there is a threat to personal safety in order to use lethal force."

The resident, who lives in the 1000 block of Via Del Gato, startled an intruder trying to open his front door about 4 a.m Thursday. He then shot at him as he ran to a get-away car down the block, deputies said.

"It would appear, just based on the information we have that this person was not a threat," Cox said. "He was running away."

It appears all six shots were fired outside the home. Cox said it's unclear whether the intruder had a weapon or if he threatened the homeowner.

Investigators are discussing whether the resident illegally discharged his firearm, a misdemeanor offense, but no decision on possible charges has been made, he said.

The homeowner told police he woke up to the sounds of someone trying to break through his front door. He called 911, retrieved a semiautomatic handgun and confronted the intruder by opening a nearby window. The startled burglar ran to a waiting truck where another person was waiting and jumped into the passenger seat. The truck sped away as the homeowner fired his weapon.

Authorities are not sure if the truck or either of its occupants were hit by bullets. "At this time there is no evidence to suggest anyone was wounded," Cox said.

Investigators combed the neighborhood looking for the expended bullets or potential victims, but found nothing, Cox said. Deputies did recover the weapon and six bullet casings.

While a homeowner has a right to use a firearm to protect his home and life, Cox said a weapon can complicate things.

"Statistics show that often people who get a firearm for their own protection can be victimized by that weapon," he said. "Firearm ownership is a very serious issue and owners can benefit from how it is stored, locked and how comfortable they are with using it."

The Sheriff's Office doesn't encourage anyone to engage a person involved in a crime. If a property crime is in progress, it's important to remain quiet and call 911 from a home phone, Cox said. Cellular 911 calls take longer to respond to because they are routed through the Highway Patrol's dispatch center in Vallejo and then have to be transferred to the appropriate agency.

"Our advice is not to get directly involved and not jeopardize their safety or the safety of others," Cox said.

People can turn on lights, make noise or yell to startle a home intruder, but Cox said the most successful outcomes happen when a victim is calm, quiet and calls 911.

"We're there in a few minutes to catch the person in the act."