The only thing that scares me more than ignorance is ignorance with a gun.
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Before the NY bashing begins let's look at this. Under NY law, anyone using a fake gun in the commission of a crime is charged with the actual gun crime. But you still can't shoot a fleeing suspect, especially after he's left your property, unless letting him go presents an immediate threat to others. Not in NY, not anywhere I know of. Someone cite other state laws that allow you to chase down an intruder and shoot him in the back after he's fled the premise. I would like the citations in your state laws.
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According to police... "The brothers chased the alleged burglars from the porch, and Youssef fired, striking a 33-year-old man from Roosevelt in the back. That man, Jazzmen Bryant, later died of his wounds. The District Attorney’s office said the man who died was shot in a neighbor’s backyard as he ran away. A pellet gun was recovered from the group of alleged burglars."
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Here's the law allowing use of force or deadly force against an intruder. NYS Penal Law Article 35:
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S 35.15 Justification; use of physical force in defense of a person.
2. A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless:
(a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is: (i) in his or her dwelling and not the initial aggressor; or
(c) He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20.
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So let's look at 35.20 regarding burglary.
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S 35.20 Justification; use of physical force in defense of premises and in defense of a person in the course of burglary.
3. A person in possession or control of, or licensed or privileged to be in, a dwelling or an occupied building, who reasonably believes that another person is committing or attempting to commit a burglary of such dwelling or building, may use deadly physical force upon such other person when he or she reasonably believes such to be necessary to prevent or terminate the commission or attempted commission of such burglary.
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Now here's the rub. The homeowner pursued the perp off the property and shot him in the back. No cigar. Can't do that. Should the home invader be killed? Absolutely, when he's on the property though. Can you chase him down and kill him? Absolutely not... unless letting him go poses immediate and grave threat to another. Critics need to check their own state law. They may find most states have this exact provision. In his book "In the Gravest Extreme," Mas Ayoob specifically covers this issue. He states that if you pursue a perp and engage him after he has tried to withdraw, the court may see this as a second incident, unrelated to the first. Thus the recommendation is to never pursue the perp unless allowing him to retreat presents an immediate danger to others. Then again its fun to bash.
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Perhaps critics should look at how often a homeowner shoots an intruder in NYS and is NOT arrested. An interesting case is People v. Raymond Zayas where Zayas shot a LEO through the door as he was kicking-it down without warning. His conviction and 40 year sentence was thrown-out because the jury wasn't instructed that he had the right under NYS law to shoot in that situation. He eventually plead guilty to other charges to avoid retrial (criminal possession of a weapon).
