From the Baton Rouge Advocate of February 9, 2005
Homeowner shoots alleged burglar in self defense
A burglary suspect was shot twice on Monday by the owner of a home he was allegedly trying to break into in north Baton Rouge.
Baton Rouge Police said the teenager got away, but an off-duty officer noticed the injured suspect not long after at a Family Dollar on Airline Highway.
No charges have been filed against the homeowner, as police call the act self defense.
According to Louisiana law, a homicide is now justified when committed by a person lawfully inside a dwelling, place of business or a vehicle against a person who is attempting to make unlawful entry. The person committing the homicide must reasonably believe that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave.
"You have a right to use force up to and including deadly force if you reasonably believe that it is what's necessary to make them stop trying to break into your structure," said Cpl. Don Kelly of the BRPD. "You don't necessarily have to state or convince police or a jury that you're in fear of your life. The threshold of proof for homeowner or business or car owner is someone was trying to break in, and I felt deadly force was the only option to get them to stop."
Kelly said the law is designed to protect those who are threatened, not the criminal.
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