No charges for Wake County homeowner who shot alleged intruder. What does NC law say?
A Wake County homeowner who shot an alleged intruder in the face last week will not face criminal charges, police said Monday.
Knightdale Police Chief Lawrence Capps told media outlets the decision not to charge the homeowner, a legal gun owner, was made after consulting with the Wake County District Attorney’s Office.
It’s the latest of at least four cases in the Triangle since last November of a resident using deadly force to protect their property and/or family..
Curious about what the law says?
The News & Observer looked at each of these cases and what North Carolina laws say when it comes to people shooting others on or near their property.
Alleged Knightdale intruder shot in the face
When this happened: Nov. 29, 2023
What happened: A Knightdale homeowner shot and injured an individual he said was trying to break into his home on Redwood Valley Lane before midnight.
The homeowner used a legally owned firearm to fire at Juan Acevedo, 35, who was seen allegedly breaking a window at the home to gain entry, according to a preliminary investigation by the Knightdale Police Department.
Acevedo was given verbal warnings before the homeowner shot him, police said. He was taken to a hospital with non-life-threatening injuries.
Where the case stands: Acevedo was charged with felony breaking and entering with intent to terrorize.
The homeowner was not charged.
“Our state’s laws dictate when a person may use reasonable force — including deadly force — to protect themselves from presumable death or serious bodily injury,” Capps told ABC11, The N&O’s news-gathering partner.. “These same laws rightfully provide civil and criminal relief for those who are compelled to use legal force in self-defense situations. We are grateful that the homeowner and his wife survived this ordeal. Furthermore, the suspect’s survival means that he can now be held accountable in a court of law.”
When can homeowners in the Carolinas use deadly force? Stand your ground laws explained
Man shot and killed in Wake Forest
When this happened: Oct. 23, 2023.
What happened: A homeowner shot and killed a man who was attempting to break into a Wake Forest home on Abercrombie Road after 3 a.m., according to police.
Steven Contestable, 34, of Raleigh, was shot and died from his injuries.
Police said an investigation found Contestable was shot while attempting to break in. The firearm used in this case was legally owned.
Jerry Allen, a neighbor, told WRAL at the time that Contestable was his friend and that his death surprised him.
“I don’t want people to think he’s evil,” said Allen. “I think he had a mental break of some sort.”
Where the case stands: No criminal charges were filed against the homeowner, unidentified by police, in this case.
No charges for Johnston County homeowner who shot man
When this happened: June 21, 2023
What happened: A Johnston County homeowner shot and killed a man he alleged had threatened his daughter and tried to break into his house.
José Ramiro Cac Choc, 24, was shot and killed at the home on Parker Street in the town of Wilson’s Mills.
Cac Choc had allegedly approached the homeowner’s children who were playing in the backyard and shaken the handle of a door to the home.
Where the case stands: The Johnston County Sheriff’s Office said an investigation found no basis for charges against the homeowner in this case.
Armed intruders attempt to break in Clayton home
When this happened: Nov. 3, 2022
What happened: Three men allegedly trying to break into a Clayton home on Brigadoon Drive were spotted by the homeowner, who fired at them.
The alleged intruders responded with gunfire before fleeing. A 19-year-old from Raleigh, Alexis Segura-Prieto, was shot once and injured by the homeowner’s gunfire.
The two other suspects were not apprehended.
Segura-Prieto was hospitalized and detained on burglary and attempted murder charges.
Where the case stands: There were no criminal charges against the homeowner in this case, a town of Clayton spokesman told The N&O.
Segura-Prieto pleaded guilty in June to attempted first-degree burglary and conspiracy to commit first-degree burglary, Johnston County court records show.
What the laws say in these cases
At least 25 states, including North Carolina, have laws allowing homeowners to use lethal force if they feel they are in danger.
These laws are also known as the “castle doctrine,” which is the legal notion that a resident’s home is their “castle” and that residents have the right to use lethal force to defend it.
Article 14 of Chapter 14 of the North Carolina General Statutes states:
A person can use “defensive force that is likely to cause death or serious bodily harm to another” to protect their home, motor vehicle, or workplace against someone who is “in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered.”
Force can be used against someone is trying to remove you from the premises against your will.
The law prohibits using deadly force against:
A person with the right to be on your property, such as an owner or tenant.
Someone who is in your custody, such as a child or grandchild.
A law enforcement officer or bail bondsman who attempts to enter a home, motor vehicle, or workplace to perform official duties.
A person who has stopped trying to enter your property forcefully and has left the premises.
John Rubin, a professor at the UNC School of Government, previously told The N&O said the castle doctrine presumes that unlawful intruders pose a deadly threat to people inside of the property being intruded on.
According to the law, the homeowner can shoot an intruder without necessarily seeing that the intruder is armed or actively taking action to cause harm, Rubin said.
“The law requires that deadly force be proportionate to the harm that’s threatened,” he said. “So there has to be a deadly threat for force to be appropriate.
Charlotte Observer reporter Evan Moore and former News & Observer reporter Julian Shen-Berro contributed to this report.
