Man who fatally shot person breaking into Kansas home acted in self-defense: prosecutor
The Leavenworth County Attorney declined to file charges against a man who fatally shot an intruder allegedly trying to force his way into the resident’s home, according to a letter released Wednesday.
“There is no way to show that the resident’s intent was anything more than trying to deter someone, who had just gone through his vehicle, from attempting to violently enter his home in the middle of the night and that he felt that his life was at risk,” Leavenworth County Attorney Todd Thompson wrote in the letter. “Due to all of this, we do not believe we legally and ethically can file charges.”
Corey Anderson, 33, of Leavenworth was identified as the person killed in the Sept. 22 shooting.
According to the letter, Leavenworth Police responding to the shooting found Anderson dead on the porch of a home in the 700 block of Walnut Street.
The resident told police the barking of his dog woke him about 3 a.m., which he thought was strange because his dog normally doesn’t bark.
He then heard his vehicle’s door open and close. The man said he looked outside and saw someone he didn’t recognize.
The resident told police he retrieved his pistol when he heard someone jiggle then hit and kick his door handle. The resident then heard the person, later identified as Anderson, allegedly repeatedly scream, “Open the door,” along with an expletive, according to the letter.
The resident told police he fired his handgun three times into the door. It was determined that the bullets from the gun are what killed Anderson, according to the letter.
The resident then called 911 and exited out of the back of the house. He disarmed his pistol and waited for police.
Security footage from a neighbor showed Anderson around the resident’s vehicle and then approach the porch. It did not have a clear image of the entire incident. The neighbor corroborated the dog’s barking and that the vehicle was broken into and an alarm was sounding, according to the letter.
Thompson concluded that a reasonable person would believe they could defend themselves from the intruder.
