Quoted:
http://www.charlotteobserver.com/breaking/story/904476.html
CHARLOTTE, N.C.–– An elderly man who was tied up and robbed in his own home by four teens may face charges after police say he chased the suspects down and shot one of them to death.
Charlotte-Mecklenburg police said Marcus Antonio Steven Fluker, 15, died after being shot by the home invasion victim.
Family members identified the home invasion victim as C.L. McClure, 77.
McClure’s sister, Betty Carter, lives next door to him on Grier Road in northeast Charlotte. She said she came home Saturday afternoon and found police cars surrounding her brother’s house.
“I was just so upset, I didn't know what to think at that moment,” said Carter.
McClure’s son, who lives next door to Carter, said the four teenage boys broke into McClure’s home and tied up his father.
Larry McClure said his father broke free because he was worried about his wife, who was upstairs.
By the time he was free, the suspects had run away, said Larry McClure.
But police say what McClure did next could lead to charges against him.
Police say McClure chased the teens down with his car, and confronted them at a nearby apartment complex on Ginger Lane.
Fluker was shot during the confrontation and died at the hospital.
The three other teens are charged with 2nd degree burglary, robbery with a dangerous weapon, and conspiracy to commit robbery.
Police identified them as Joseph Graves, 17; Matthew Everett Morgan, 17; and Tahjaue Wiley, 18.
Graves and Morgan have been arrested before in Mecklenburg County.
Police will forward the results of their investigation to the District Attorney’s office, to determine if McClure will face homicide charges for Fluker’s death.
North Carolina law allows a homeowner to defend himself against an intruder who is breaking into his home, but not necessarily one who is running away, defense attorney George Laughrun told Newschannel 36.
Since the confrontation between the elder McClure and Fluker happened after they left McClure’s property, other factors will determine whether McClure is charged.
The most prominent factor is whether McClure faced a threat of imminent death or serious bodily injury, said Laughrun.
If the teen was pulling out a gun or preparing to fire when McClure shot him, the shooting could be ruled as self-defense.
Police said at least one of the teens possessed a gun when they allegedly broke into McClure’s home, but don’t say whether they possessed the gun during the confrontation or pointed it at McClure.
Larry McClure defends his father’s actions.
“That was a bold thing to chase behind them, I guess,” said Larry McClure, “but he's 77 years old –– you shouldn’t do people like that.”
If I were on the jury, I'd not only declare him not guilty, but vote to give him a medal for doing the community a favor.