77-year-old California man arrested after killing suspected burglar | NewsNation Live

A 77-year-old California man is being held on suspicion of murder after police say he shot and killed a suspected burglar trying to break into his home.
#Oakland #California #Crime
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[@Ann-zw7mo]

Self defence cannot be a murder

[@nitromartini1422]

What the hell would you know?

[@sindred]

⁠likely more than you.

[@nitromartini1422]

@@sindred : Go play your video games, kid.

[@Thesandman805]

The gun was stolen and he has prior felony charges. It’s FUBAR

[@thesink5723]

I so allegedly a stolen gun , they didn't say it was !! I f stolen when , where ?? I don't understand about making a statement , then how did police know they were trying to break in , or just assumed it ??

[@marcellamiddleton9320]

They should not be filed, old man has right for self defense.

[@beverlycharles6534]

It's REALLY basic. The justice process can't just assume it's self-defence the person availing himself of that defence must claim it it is HIS defense ONLY if he chooses to avail himself of it. YOU can't claim self-defense for anyone else. #1 you weren't there there and are stupidly making assumptions based on a 2.5 minute news segment. Sit down stfu til more info avail.

[@nitromartini1422]

California is a toilet where burglars and robbers are treated like royalty while innocent victims are treated like the bad guys.

[@nitromartini1422]

You Tube is busily censoring comments today, as usual.

[@claypoole702]

Restore Constitutional Property Rights. Castle Doctrine.

[@Thesandman805]

Stolen gun and had prior convictions also. That’s the reason for no statement. The whole situation is fubar

[@eddieraffs5909]

Why is this news woman referring to the burglar as a "victim"? The dead guy is a criminal.

[@ramblinralph7609]

Exactly.

[@jimjones9239]

So was George Floyd.

[@robappeldorn2162]

Ciminals have rights, normal taxpayers have no rights.

[@ramblinralph7609]

Well, not in California anyway.

[@JohnLocke1776]

F*ck taxes

[@lonniebeal6032]

​@@ramblinralph7609No, he's right, criminals are protected in blue shiteholes.

[@danielthao6982]

​@@ramblinralph7609and Minnesota, (little falls incident)

[@shaf60]

They arrested the wrong person .

[@malin7919]

Welcome to Joe Biden's justice system.

[@denisesspapetite9507]

this is why people are leaving California.

[@davidkirby9438]

good leave and don't come back!!!!!!

[@Tinbender-zr4jd]

@@davidkirby9438 Since the ones leaving are all tax-paying working people, you can take up the share of the taxes they used to pay.

[@RudyRude-wp8ep]

Yep. They are coming to Texas Florida and Tennessee.

[@rachelparrish1543]

It’s self-defense, Gavin Newsom! You caused all this!

[@MFSHARTY]

This is very unfortunate. Who do we reach out to to show our support for the 77 year old? Clearly self defense.

[@beverlycharles6534]

It's REALLY basic. The justice process can't just assume it's self-defence the person availing himself of that defence must claim it it is HIS defense ONLY if he chooses to avail himself of it. YOU can't claim self-defense for anyone else. #1 you weren't there there and are stupidly making assumptions based on a 2.5 minute news segment. Sit down stfu til more info avail.

[@nitromartini1422]

​@@beverlycharles6534:The old man has the good sense not to say anything to the cops until he had a lawyer. In California, the bad guys are treated like the good guys. It's really basic; even a woman should be able to figure that out.

[@frankmacleod2565]

with a stolen gun

[@nitromartini1422]

@@frankmacleod2565 : That's part of why he is keeping his mouth shut until he has legal counsel.

[@seeharvester]

It's not "very unfortunate". It's ridiculous and intolerable. Soft phraseology like "very unfortunate" is why we have this problem in the first place.

[@kayway9329]

Refusing to give a statement without an attorney present is not a crime.

[@Tinbender-zr4jd]

It is in California, apparently.

[@danieljonhson6367]

When he refused to give a statement the police probably thought he had something to hide that's probably when they figured out he was a felon and the gun he used was stolen.

[@TL-wy1nk]

If he is charged, then the justice system has to be questioned for their actions. Every person has a right to defend themselves. Let's see if California can get it right.

[@frankmacleod2565]

the gun he used to protect himself was stolen

[@nitromartini1422]

The entire West Coast is a legal and social toilet, where the freeloaders and the criminals are treated like royalty and the law-abiding citizens are expected to foot the bill. There are very good reasons why Californians are leaving that state.

[@frankmacleod2565]

@@nitromartini1422 "the entire west coast"? You haven't travelled much here, I suppose. If everyone is leaving, why are there horrendously long lines to buy houses and apartments here? We can't build homes fast enough to meet demand.

[@frankmacleod2565]

@@nitromartini1422 The entire East Coast is a legal and social toilet, where the freeloaders and the criminals are treated like royalty and the law-abiding citizens are expected to foot the bill. There, see how easy that was

[@optimusprinceps3526]

I live a few miles north of Tijuana, Mexico, San Diego, other than the illegals and homeless, everyone is leaving this Democrat debacle People's Republic of Kalifornia...​@@frankmacleod2565

[@brooklyn5streetsmart]

It's getting to be that criminals have more rights than law abiding citizens

[@jackmyers1631]

There should absolutely be no charges in this case.

[@user-rh8fl8qz2z]

An OLD MAN is criminalized for defending himself. America is FD UP.

[@brooklyn5streetsmart]

Why don't you give it a break?Police in oakland that this man was afraid for his safety at seventy seven years old when three people were trying to break into his house give it a break

[@Phuh_Queue]

So, why was he arrested again??? For exercising his 5th amendment right????

[@bsgvlog5640]

Well two things from the video At 055 the reporter mentions that the man didn't give a statement to the police which the city official then explains why they had to arrest him The second issue is going to be he shot the guy with a STOLEN firearm.... I'm sure you can see how this raises some questions.

[@JohnLocke1776]

Statements given to police just after self defense situations are unadvisable, experts say. you can inadvertently incriminate yourself as it usually takes 24-36hrs for the adrenaline to go down and clarity over the situation to give an accurate story over what happened. If you change your story b/c you forgot something even in the slightest per the police report...and, stolen gun or not. Self defense matters more than the lives of a turd

[@MICHELRAYBROWN]

There's a couple things I learned in life don't mess with old people and don't mess with somebody that is dying neither one of them got anything to lose

[@user-pm4qe4zq6n]

What a travesty,he had every right to self defense….

[@SupremeSanda]

In people's republic of Mexiforina, you have murder's right, burglar's right, squatter's right etc etc but no victim's right. fight back is not allowed if you own a fire arm, your only choices are either 1. screwed by the local authority 2. screwed by burglars

[@frankmacleod2565]

This isn't California, it's Oakland. It's like its own world

[@jabreck1934]

No charges filed… Meanwhile in Texas, Daniel Perry is still in prison for murder…. Defending himself against protester pointing AK-47 at him🤣😂🤣🤡👍

[@diab01us]

@@jabreck1934 He was pardoned.

[@ramongonzalez1564]

​@@jabreck1934he was pardoned last month.

[@loucipher6839]

the fact that they say “still not releasing the name of the victim” and “havent publicly named the homeowner” just blows my mind, its the same person, the homeowner is the victim…

[@Gerald2121]

California... SMH

[@frankmacleod2565]

the gun was stolen

[@LexusGX460-OFF-ROAD]

this is Wokeland not California

[@untouchable360x]

Old man has the right to defend himself.

[@lonniebeal6032]

And his home

[@bayarealegalstuff9451]

So the police spokesman admits that the homeowner was arrested for exercising his constitutional right to remain silent. Why the rush to arrest? The homeowner isn't going anywhere.

[@guangxidavidliu]

Because of BLM DA

[@bjkarana]

I'm glad he didn't give a statement without legal counsel. His chances for acquittal, if charged, are greatly improved.

[@user-zg8ct4gt6n]

The DA should be charged !!! Ridiculous!!!!!

[@matthewwood9085]

The man had a right to defend himself & there should not be any charges filed against him.

[@Le_Dislike_Button]

when authorities call the burglar the victim... is this real life?

[@TheU2now]

what kind of freedom and human right is that ? no right to defend oneself ?

[@WillaWatch]

They pull up in a stolen car…..climb over the fence….try to break into the old man’s house …..he is afraid for his life so he defends himself and he’s the one going to jail. 🙄

[@knuke9596]

Good for the homeowner. The only statement you should give in this case is "LAWYER!"

[@3264headtrip]

HOW? You have to have the right to protect your property. California is INSANE😮

[@jeremiah191]

I think the issue for the owner is allegedly he used an stolen gun to protect himself.

[@silk.1467]

Could be he purchased the gun unknowingly that it was stolen. Facts first.

[@LexusGX460-OFF-ROAD]

the burden is on the DA to prove he KNEW it was "stolen" which will basically be impossible

[@jf4872]

@@silk.1467 Wouldn't really matter. Does not change the fact he has a right to defend himself. The police also had no right to take the firearm from his residence. They were not called to the residence because of the homeowner finding a firearm. They can easily determine within minutes of arrival who the homeowner is vs who isn't.

[@aloberdorf4579]

A murder occured in our E. Oakland Apt. building in the early 70's. A Oakland Police Officer was conducting Resident Interviews. He asked if I had a weapon. I said yes, I have a .22 rifle in the closet. He said.."If you have to use it, and they fall in the hallway, drag them back into the apartment." God Love that Man!

[@danielcarlson800]

Since when the Hell is self defense a crime?

[@danielcompton8325]

The victim has a rigt to remain silent to get him a lawyer. Before he makes a statement right. Or that's wrong for California.

[@bjkarana]

I'm sure it comes down to the trio being in his yard, but not in his house when the shooting occurred (CA is as CA does), but he was very wise to seek legal counsel before making any statements. His chances of no charges and/or acquittal _if_ charged are greatly improved.

[@leigh1072]

This is so ridiculous that feel like I am living in an alternative universe and it sucks.

[@jimjones9239]

Gavin Nuisance recommends you leave your doors unlocked and your valuables in the entrance so you don't have to harm the burglars. For the record News Nation, the guy shot was the criminal not the victim.

[@valdivia1234567]

When I heard her say "victim", I thought she was talking about the homeowner. It didn't even occur to me that the burglar was a victim.

[@mariofilippi3539]

Anyone over 65 should be considered part of a protected class and immune from self defense prosecution.

[@bobbykimble6358]

Cant protect yourself in that hellhole state

[@frankmacleod2565]

you can most places. This is Oakland, they're special

[@LexusGX460-OFF-ROAD]

We live in California... legal self defense with guns happens daily here! There are ZERO cases in California in the past 40+ years of someone being prosecuted for legal self defense. We are not NJ. CA sells and possess the most guns in the nation second only to Texas

[@backcountyrpilot]

Without the right to self-defense there are no rights. If the homeowner used a stolen gun, that should be completely unrelated to this case. Charge him with receiving stolen goods, but not with murder.

[@thisismychannel0914]

Ridiculous. He had every right to defend himself and home.

[@Rob81818]

While he shouldn't be charged for standing his ground, the homeowner also doesn't want to give a statement and shot the burglar with a stolen firearm..... 🤔

[@markconsiglio7313]

1st the home owner was arrested for not saying anything to the police. Smart move on the home owner exercising his right. 2nd, if the home owner left his home and shot the burglar outside that's not self defense because the home owner left the safety of his home to go outside. Now, if the home owner was inside and shot the burglar actually trying to break down the door with the crow bar in hand with the second person and fearing for his life, now that could be an argument for self defense. 3rd, the home owner shot the burglar with a stolen gun. If the home owner doesn't get charged for murder then he will likely get charged for the stolen gun and other related charges. Any way you look at it life sucks for the 77 year old home owner who was trying to enjoy what little time he might have here on earth all to be disrupted by three low lives who probably have an extensive violent criminal history.

[@charlotterivera8490]

Why tf should the old man be charged and wtf does that even mean if self defense played a role? Wtf is wrong with the system? 🤦🏽‍♀️

[@daveblagrove6275]

What a joke

[@stephenfitzgerald7450]

"I want my attorney" is the ONLY answer to any question from the police. Yes, you will go to jail as punishment for asserting your rights but it will save you in the long run.

[@joevarga5982]

The VICTIM here is the HOMEOWNER, not the intruder who got shot. WTF?

[@Ghost-Rider667]

Not surprised he is being charged, law favors criminals.

[@LexusGX460-OFF-ROAD]

he was not charged. He won't be charged. He is arrested... not charged

[@your_royal_highness]

Defending yourself is a crime in too many parts of the country. He should have gotten a lawyer right away.

[@jj-wp6wc]

First of all the victim is the 77 year old man. But I see this is somewhat complex...potentially stolen gun, and possibly shooting the burglar outside of the actual home, etc... When this happens, say "I was in fear for my life, I want my lawyer."

[@jf4872]

Doesn't matter if it were outside the actual home. Fact is they were breaking in. California is a 'castle doctrine' state. It is also irrelevant the firearm may have been stolen. The police weren't called to the residence for a stolen firearm. The homeowner has a right to defend himself.

[@dianaklien1560]

Did he steal the gun or was he sold a stolen gun? Do we even know if it is the homeowner’s gun, could it possibly have been one of the burglars?

[@michaelmacpherson-wm6mh]

I'd love to be on that jury. you do not have to give a statement to the police. people he does not know in a stolen car with crowbars and they can't figure out why he shot the guy?

[@user-wu1ds2sz3w]

So what is the name of the Prosecutor who will charge this man? Please?

[@jonnuanez7183]

You need an explanation? Man shoots burglar after he breaks into his house. Wtf explanation do you need with that?

[@buickjackson2216]

Ty 77yr old

[@danieljonhson6367]

I'm a gun owner and I carry every day but I know that if I ever have to use it I'm probably going to prison for killing the person ,

[@JThom-yh3ef]

Unless you live in a red state.

[@WTFisAuserFRCKINname]

Get out of california

[@frankmacleod2565]

no, just get out of Oakland

[@LexusGX460-OFF-ROAD]

We in CA and we staying ❤ ...

[@vonbuzz9009]

So now the old guy is in jail and the burglers got a free pass

[@8AD858D8]

Better to take a chance on being judged by twelve instead of carried by six any day of the week.

[@mikeo8890]

Just give me a reason to defend my house, I won't care about getting arrested.

[@robsnizzle7]

Same!!!!

[@justsayingforafriend7010]

It is Illegal to own a gun in California. But only for law abiding citizens. I know it happened to me.

[@techFPV5964]

Apparently the homeowner had a stolen revolver that was used to protect himself in his home when these criminals broke into the man's house. Can charges be brought against the man for using a stolen handgun?

[@Flamingtorso]

The shooter probably knew the cops would twist any statement he made. He had a right to remain silent.

[@user-dc1we5nv6l]

ok so if burglars come into your house and you don't have the right to defend yourself as a 77 yrs old man, what's next do we cook them dinner and hand over our title of the house and btw here is my bitcoin , credit card ssc, bank info and all my asset since they wont protect the home owner. Oakland has so many murders crimes, robbery etc and business is leaving because they don't protect the innocent but allow the hard core roam the streets, they are watching this and laughing more victims will be hurt if they dont let this innocent man release.

[@jamestorres4705]

“Can I defend myself if someone is breaking into my house “. That sure doesn’t sound like America.

[@BubbleoniaRising]

The California legal system is a joke. If you value your life or sanity, you will avoid it like an STD. Anyone breaking into a home is a threat to its lawful occupants and any action taken against the intruder is by definition, self-defense.

[@robertfrank886]

How about ‘I will not give a statement without an attorney present’.

[@dragonsboon2316]

If it was a stolen gun he should be charged. If it was his own gun let him go

[@thehebrewyisraeliteinstitu1868]

He can’t be charged for the self defense. Only for receiving stolen property

[@dragonsboon2316]

in some jurisdictions if you were currently in the process of committing a crime you can’t plea self defense. Using a stolen gun may be a gray area and I’m not sure if that applies in this jurisdiction.

[@trueloveingod2691]

This man is elderly and was defending his own home and possibly his life too. He should not be incarcerated for that.

[@828enigma6]

According to attorneys, you should NEVER make a statement to law enforcement without conferring with an attorney. Screw what the DA says.

[@iamSephirothGaming]

We're protecting burglars(criminals) now? what happened to america?

[@johndsmith-gv8zh]

Burglars: premeditated Homeowner: justified

[@Mark-dr5xi]

Committing a felony and getting shot…what’s the problem?

[@tedjohnson7485]

He better not be charged. He didn't break any laws. He just protected himself.

[@dianaklien1560]

Cops observed that there were 3 people with burglary tools in a stranger’s yard plus a homeowner at his home and because the homeowner exercised his rights before a cop could Mirandize him, obviously cops had to arrest the homeowner. Make it make sense.

[@PallutedLife650]

California want us to die in our own home smh

[@AFloridaSon]

Californians better be paying attention to who their Democrat leaders are giving all the rights to.

[@LexusGX460-OFF-ROAD]

Before you anti-California types whine... he was arrrested, NOT CHARGED. If he used legal self defense, he won't be charged... even in Wokeland. Now if he was shooting people at his fence line 50 yards away that's a different story..

[@davidkendrick3295]

Welcome to the crazy upside down woke world of everyday living in California !!

[@bjkarana]

The 77 year old was smart to consult legal counsel _before_ providing a statement to police. Considering the trio was actively trying to break into his house, I hope he's let out with no charges. A _reasonable_ person, especially an elderly one, would be in fear for their life in such a situation.

[@dfernandez3482]

Its not controversial because that's how California works POLITICIANS HAVE ARMED BODYGUARDS WHILE THOSE SAME POLITICIANS MAKES IT A CRIME TO DEFEND YOURSELF

[@StevenHer-sz1jb]

Justice is served, you got the right to protect your house.

[@davidransom4476]

Local news said he's been released with no charges. Yes, he spent a day in jail, but did exactly what defense lawyers tell us to do, not say a word until a lawyer is present. That's likely why he said nothing. As for the gun being stolen, he might have purchased it from someone years ago before background checks were mandatory.

[@petekosar8379]

Shame on the Cops for arresting a 77 year Man for trying to defend his home and life!!!

[@shellyg8617]

A+B is perp arrived in stolen car, uses force to illegally enter another's property and got shot by homeowner. Sounds like self-defense to me!

[@robertgallagher7734]

If the 77 year old hasn't said anything then are they assuming the gun was stolen too? Even if the gun was stolen that would be seperate from the self defense issue. Just like the would be burglers driving a stolen car to the crime scene.

[@lmcc0072]

In California you almost have to be on the brink of death to be able to use lethal force to protect yourself. It’s like you have a choice of you or a loved one being killed or going to jail for harming your attacker. Especially in California, if you use lethal force to defend yourself, you NEVER speak to the police right away. You ALWAYS speak to an attorney before you say anything. It could be the difference between no charges and life in prison. Let the office know that you’re not making ANY statements until you speak to an attorney. They will understand. They still might cuff you and process you, but if you’re in the right you won’t spend too much time in jail.

[@wisdomoverfear2685]

Anyone who files charges for an obvious self defense situation...should get the same treament as the criminal who is the cuase of there being a "situation" !

[@orosalsero]

Why do they need an explanation the evidence speaks for itself, stolen car, crow-bar and forceful entry into a home what more do you need? These cops are dumber than dumb.

[@chrisgunsandguitars1403]

It’s because with our crappy statutory laws you can’t shoot to defend your property outside the home, and you can’t shoot to defend your home until they succeed in breaking in.

[@ArsacioJJulioJr]

Cali self-defense laws are ridiculous. Can't even protect your family or property without going to jail. It's like run away, let the criminals have your stuff. What if you can't run...let them kill you, then press charges? Doesn't make any sense NONE

[@JackRainfield]

Plot twist.... But clearly the question of can you defend your self in your own home outweighs the question of is the gun stolen or not. A stolen gun is a separate issue.

[@OldGrimbeard]

Having been born and raised in California and having no political ties to any party I can’t help but feel embarrassed and angry when the burglars are called “victims” and meanwhile the real victim then has pending charges. I want to know, from my politicians and local PDs what am I and my neighbors to do in this situation? Announce that I am armed and about to shoot giving away the element of surprise? These criminals give up the right to a fair fight the moment they choose to break into a home with the clear intent to cause bodily harm or death to the inhabitants inside. The hell is wrong with California? Are we seriously debating this in 2024?

[@Kali-vl5cw]

The officers should be arested the man defended his house and his life he had every right to defend himself

[@bjkarana]

For those making claims that self defense doesn't apply to outside the home: (Per Shouselaw) "Under California jury instructions CALCRIM 505 and CALCRIM 506, an accused is not guilty of using deadly force if he or she was defending themselves or another person against violent crimes. This applies both inside and outside the residence and is not unlawful if: The accused reasonably believed that the danger was imminent, and the accused had a reasonable belief that the use of deadly force was necessary to defend against the danger, and that the accused used reasonable force." CA is both a Castle Doctrine _and_ Stand Your Ground state, which covers both inside and *outside* the home.

[@The_Black_Knight]

Self defense expertise. Do not make statements to police unless under advisement of a lawyer. If you do, you risk prosecution, not the other way around. Retired HR218.

[@alansnyder8448]

I haven't seen any news station follow up on the story. What is the current status?

[@johnlansing2902]

If any of the three are currently charged in other crimes ( stolen car ) and have been released back onto the streets then the local government and its officials should be sued for allowing known criminals to roam the streets . If a mechanic worked on cars that kept crashing that mechanic would be sued and probably arrested ? Hmmmmmmmm

[@billdouglas6561]

he feared for his life !!!!

[@mike8857]

Just arresting him is messed up if it’s about him shooting the robbers. Now the stolen gun thing that’s a different story. We need more information on that.

[@markinlosangeles9108]

Homeowner has a right to defend himself against criminals who had a crowbar, breaking into his home. This case is basic self defense for home owner and a lesson to would be criminals that some Californians armed with weapons may take actions against them. If the police can't be relied upon for help, citizens must do what they need to do to protect themselves and their homes.