Think there's a burglar? Police say get away and call them
| Thursday, Mar 04 2010 06:39 PM
Last Updated Thursday, Mar 04 2010 06:42 PM
Related Stories:
Police have a clear, simple response when it comes to what residents should do if they think they've been the victim of a burglary -- call 911.
Don't go in the house, and if you're already inside, get out, Bakersfield police Detective Blaine Craig said Thursday. Just call 911 and let officers deal with the situation.
South Bakersfield resident Raymond Michel arrived home with his wife and grandchildren Wednesday afternoon when his wife noticed signs that someone else had been in the house. Michel armed himself with a handgun, found the intruder holding a rifle in an upstairs bathroom and shot at him, police said.
Michel missed, but the intruder, identified by police as John Jenaro Garner, dropped to the floor and Michel held him at gunpoint until officers arrived. An arraignment for Garner, who was also wanted on a misdemeanor warrant, has been scheduled for Friday.
Craig said Michel's case appears to be self-defense because Michel confronted an armed intruder in his house. The intruder pointed the rifle at him before Michel fired, according to Michel.
Just because an intruder's in your house, however, doesn't give you the right to shoot the person, Craig said.
"If it's found, for example, that the individual shot at an unarmed suspect or shot him in the back they could face charges," Craig said.
The District Attorney's office would review whether the homeowner acted within the law or not. Prosecutor Mark Pafford said people can use deadly force to protect themselves if they have a reasonable fear that a person will cause great bodily injury or death to themselves or someone else.
Pafford said there is no such thing as "self-defense of property." What that means is you can't lawfully shoot someone if they're stealing something but aren't posing any danger toward you.
Kern County Sheriff's Department spokesman Michael Whorf said every situation is different and if a resident is in the home with an intruder, they need to make decisions based on what they're comfortable doing.
"You can't just throw a blanket out there and say 'This is what you should do,'" Whorf said.
For instance, the intruder might be armed, facing a third strike and believe he has nothing to lose, Whorf said. Or he might be scared and take off running. There's no way to tell what will happen if a homeowner decides to confront an intruder.
Don't enter the house if you think it's been burglarized because the intruder might still be there and, even if he's gone, you could contaminate the crime scene, Whorf said. Investigators want to collect fingerprints and gather as much evidence as possible in such a case.
Whorf and Craig both said burglaries in progress are given a high priority and law enforcement will arrive as soon as possible. In Wednesday's incident, police received the call at 1:13 p.m. and arrived at the house at 1:16 p.m., Craig said.
Calling law enforcement is generally the best course of action, Whorf said.
"If you can safely get somewhere to call us, call us," he said.
