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Acting Oakland police chief Anthony Toribio looks on during a news conference at Oakland police headquarters. (Photo by Justin Sullivan/Getty Images)

OAN’s Brooke Mallory
3:22 PM – Wednesday, June 12, 2024

Following the fatal shooting of a robbery suspect, an Oakland homeowner was taken into custody by police.

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On suspicion of murder, the 77-year-old homeowner was arrested. On Tuesday, he stayed in custody while the district attorney decided whether to press charges.

It is currently unknown if official charges will be brought against the man—whom has not been identified—or if the fatal shooting was acceptable due to the man’s argument of self-defense.

The incident occurred at East Oakland’s 98th Avenue and Burr Street shortly before 6 p.m. on Monday.

According to the authorities, two men and a woman drove up to the 77-year-old’s home in a stolen Infiniti Q40. A witness informed law enforcement that one of the men had a crowbar in his hand when the three of them forced their way onto the property.

Soon after, a gunshot was heard by the witness.

When police arrived on the scene, they discovered the homeowner pointing “a stolen Colt Python revolver” at the female suspect, according to court filings.

The woman told the police that the homeowner had shot and killed her male companion. Despite efforts by Oakland paramedics and firefighters to resuscitate the man, the suspect passed away at the site. All three trespassers have not been identified by authorities.

A replica gun was also discovered outside the home, which led police to detain the other male suspect on burglary charges.

Despite being taken into custody, the homeowner has not yet been charged. The District Attorney’s Office for Alameda County is currently reviewing the case.

The homeowner, who chose not to talk with detectives, has until Thursday before prosecutors decide whether or not to press charges.

In his analysis of the situation, legal analyst Michael Cardoza of KTVU stated, “You’re not supposed to chase them. If you chase them and shoot them, for example, in the back, that is unlawful.”

Cardoza said the homeowner will most likely still make the case for self-defense based on the circumstances.

“[But] if you are in imminent fear of your life or someone else’s life in your home, you have every right to take necessary means for self-defense against the invaders,” Cardoza added.

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