63-Year-Old Man Faces Murder Charges For Defending His Home [Details]
Ohio prosecutors have charged a 63-year-old homeowner with fatally shooting two teenage trespassers on his property after rejecting his self-defense claim.
Montgomery County Prosecutor Mat Heck Jr. announced Thursday that Victor Santana was arrested Thursday after being indicted in the deaths of 17-year-olds Javier Harrison and Devin Henderson.
The Aug. 28 shooting in Dayton sparked community protests and took place after state law was changed to shift the burden of proof in self-defense cases to prosecutors from the defendant, according to reports.
Heck told reporters the change in the law did not alter the fact that deadly force cannot be used against individuals who are only trespassing, according to Fox News.
“When the legislature amended the law on self-defense, it did not give people the right to just shoot anyone on their property," Heck said, according to WDTN-TV. "A person cannot kill someone for trespassing."
Heck also said that the teens probably shouldn't have been on the property' but added that they 'shouldn't have been shot for it'.
Heck on Thursday said his office and investigators never rush to judgment, and a complete and thorough investigation and review of the facts was completed before the case was presented to a grand jury, Dayton News reported.
Heck said the evidence shows that Santana does not have a reasonable claim of self-defense for shooting and killing the teens.
Harrison, Henderson and Gibson were in the back of a vehicle in a detached garage about 42 feet from Santana’s home to smoke marijuana, Heck said.
The teens believed the property was abandoned because part of it was boarded up, there was no electricity or lighting in the garage, Heck said, and there’s no evidence they were there to do anything else, like commit other crimes.
Nevermind that any time you turn on the news there are several stories of violent attacks. Particularly home invasion gone horribly wrong the amended law prevent a homeowner from using deadly force. Santana now faces aces four counts of murder, one count of attempted murder and five counts of felonious assault.