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Oakland homeowner arrested after fatally shooting robber
A homeowner who fatally shot a robbery suspect in Oakland has been arrested.
OAKLAND, Calif. - A homeowner in Oakland was arrested after shooting and killing a robbery suspect.
The 77-year-old homeowner was arrested on suspicion of murder. He remained behind bars on Tuesday while the district attorney considered whether to file charges.
It's unclear if the man, whom KTVU is not naming, will be formally charged or if the killing was justified on the grounds of self-defense.
The incident happened just before 6 p.m. on Monday at 98th Avenue and Burr Street in East Oakland.
Authorities said two men and a woman pulled up to a residence in the area in a stolen Infiniti Q40.
A witness told police the three went onto the property and one of the men had a crowbar. The witness then heard a gunshot.
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Witnesses say Oakland homeowner shot and killed robbery suspect
Neighbors told KTVU they heard multiple gunshots in the area of 98th Avenue and Burr Street, not far from the Oakland Zoo. Police remain at the scene and are investigating. According to witnesses a robbery suspect was shot and killed by a homeowner. But police have not confirmed any information yet.
According to court documents, police arrived at the scene and found the homeowner pointing a stolen Colt Python revolver at the female suspect.
That woman told police the homeowner had shot her friend. Oakland firefighters and paramedics tried to save the suspect, but he died at the scene. He has not been identified.
Police said the third suspect was found at the scene with a replica gun and arrested on suspicion of burglary.
No charges have been filed against the homeowner, although he was arrested. The case is under review by the Alameda County District Attorney's Office.
Prosecutors have until Thursday to determine whether to charge the homeowner, who declined to speak with investigators.
KTVU legal analyst Michael Cardoza weighed in on the case, saying, "You're not supposed to chase them. If you chase them and shoot them, for example, in the back, that is unlawful."
Cardoza said depending on the facts, the homeowner could still argue self-defense.
"If you are in imminent fear of your life or someone else's life in your home, you have every right to take necessary means for self-defense against the invaders," he said.
Henry Lee is a KTVU crime reporter. E-mail Henry at Henry.Lee@fox.com and follow him on Twitter @henrykleeKTVU and www.facebook.com/henrykleefan