From the Altoona Mirror
HOLLIDAYSBURG - January's shooting death of an Altoona man in Allegheny Township has been ruled as justified under Pennsylvania's "Castle Doctrine," Blair County District Attorney Richard Consiglio said Wednesday in a statement.
Consiglio said his office "is legally prohibited from filing charges against [homeowner] Timothy Lepore."
Lepore shot Brandon L. Zeth, 24, early Jan. 14 on the porch of Lepore's home. Zeth died Feb. 8 at a Pittsburgh hospital.
"The statement lays out the facts as I believe them to be," Lepore's attorney, Steven Passarello, said. "It also lays out Mr. Zeth's intoxication level. It is clearly an unfortunately tragic incident, and I think the statement says that."
An attempt to reach Zeth's family for comment wasn't immediately successful late Wednesday.
Zeth's blood-alcohol level was 0.274 percent, more than three times the legal limit in Pennsylvania, Consiglio said.
Zeth entered Lepore's property without permission and went on the porch where he began to bang on a bedroom window in hopes he would be allowed inside, thinking it was his girlfriend's home, Consiglio said.
"Mr. Lepore reported that he informed Zeth that he had a gun and would shoot, but Zeth refused to leave," Consiglio wrote in his statement. "Mr. Lepore asserted that he then displayed his firearm to Mr. Zeth prior to its discharge."
"The investigation [by Allegheny Township police] revealed that Lepore subsequently fired three rounds through the bedroom window, striking Zeth."
Consiglio said his review of the Castle Doctrine and the facts of the case, which included the time of day, show that Lepore had the presumption under Pennsylvania law that Zeth was attempting to enter the home and Lepore and/or his wife were in danger of death or serious bodily injury.
"Mr. Zeth was not deserving of his fate, and I would like to reiterate my sincere condolences to his family and all who knew him. My obligation, however, in the present matter is to view the circumstances and examine whether or not the belief that Mr. Lepore had at the time was reasonable and justified," Consiglio said.
"Unfortunately, at the time of the incident, Mr. Lepore was unaware that Mr. Zeth was unintentionally on his property. His actions, while regrettable, were justified under the current State of Pennsylvania law.
HOLLIDAYSBURG - January's shooting death of an Altoona man in Allegheny Township has been ruled as justified under Pennsylvania's "Castle Doctrine," Blair County District Attorney Richard Consiglio said Wednesday in a statement.
Consiglio said his office "is legally prohibited from filing charges against [homeowner] Timothy Lepore."
Lepore shot Brandon L. Zeth, 24, early Jan. 14 on the porch of Lepore's home. Zeth died Feb. 8 at a Pittsburgh hospital.
"The statement lays out the facts as I believe them to be," Lepore's attorney, Steven Passarello, said. "It also lays out Mr. Zeth's intoxication level. It is clearly an unfortunately tragic incident, and I think the statement says that."
An attempt to reach Zeth's family for comment wasn't immediately successful late Wednesday.
Zeth's blood-alcohol level was 0.274 percent, more than three times the legal limit in Pennsylvania, Consiglio said.
Zeth entered Lepore's property without permission and went on the porch where he began to bang on a bedroom window in hopes he would be allowed inside, thinking it was his girlfriend's home, Consiglio said.
"Mr. Lepore reported that he informed Zeth that he had a gun and would shoot, but Zeth refused to leave," Consiglio wrote in his statement. "Mr. Lepore asserted that he then displayed his firearm to Mr. Zeth prior to its discharge."
"The investigation [by Allegheny Township police] revealed that Lepore subsequently fired three rounds through the bedroom window, striking Zeth."
Consiglio said his review of the Castle Doctrine and the facts of the case, which included the time of day, show that Lepore had the presumption under Pennsylvania law that Zeth was attempting to enter the home and Lepore and/or his wife were in danger of death or serious bodily injury.
"Mr. Zeth was not deserving of his fate, and I would like to reiterate my sincere condolences to his family and all who knew him. My obligation, however, in the present matter is to view the circumstances and examine whether or not the belief that Mr. Lepore had at the time was reasonable and justified," Consiglio said.
"Unfortunately, at the time of the incident, Mr. Lepore was unaware that Mr. Zeth was unintentionally on his property. His actions, while regrettable, were justified under the current State of Pennsylvania law.
