ROCHESTER, N.Y. (WROC) — Following multiple cases in which homeowners practiced self-defense to protect themselves against intruders, legal experts are providing clarity on what New York State’s self-defense laws say and what homeowners should keep in mind if they’re faced with a similar situation.
Ontario County Sheriff’s Deputies say that a homeowner held two burglary suspects at gunpoint and shot one of the tires on their vehicle after they allegedly broke into a house in the town of Richmond on Sunday.
According to Undersheriff Michael Rago with OCSO, the homeowner saw the burglary happening on his property cameras while they were away and drove to the house to confront the suspects.
“The homeowner called out as he was still on the line with 911 to anybody that may be in the home, and ordered them to show themselves and exit the residence,” Undersheriff Rago said.
Following this, deputies claim the homeowner discharged a firearm and shot a tire on the suspects’ vehicle. Undersheriff Rago explained the suspects came out immediately after this.
“One of the suspects actually called into 911 and said they were coming out of the house unarmed, and that they heard the gunshot before exiting,” Undersheriff Rago said.
19-year-old Alexandria Mosher and 22-year-old Dominick Wood face second-degree burglary charges and according to OCSO, the homeowner does not face any charges currently.
Founding Partner of Tully Rinckey PLLC Greg T. Rinckey shared why he believes this to be a “perfect case” of a homeowner defending himself and his property within the parameters of New York State law.
He explained one of the first factors to look at when assessing a self-defense case is whether “Duty to Retreat” applies. New York is one of 12 states in which Duty to Retreat applies with self-defense.
“[Duty to Retreat] means if you can get away, you have to retreat. You can’t just pull out a gun and shoot that person. But if a person is lunging at you with a knife, then you probably could use deadly force,” Rinckey.
Rinckey added that Duty to Retreat does not apply when an altercation or incident is taking place on a homeowner’s property. Because of this, the homeowner did not have an obligation to remove himself from the property during the confrontation.
Rinckey further explained how the homeowner will likely justify his actions in court.
“He’s going to say that he reasonably feared that they were going to get away, so he disabled their vehicle,” Rinckey said. “Do I think that’s reasonable? Yeah, but there are going to be some questions. Was it safe to discharge a firearm? How close were his neighbors? Things like that.”
Another factor which Rinckey said will likely be considered is “excessive force,” to assess whether or not the homeowner used more force than necessary to disable the threat created by the suspects. Rinckey believes the homeowner will not face issue based on his actions.
