Attorney says charges 'unlikely' in home invasion - wave3.com-Louisville News, Weather & Sports

Attorney says charges 'unlikely' in home invasion

Sgt. Troy Armstrong Sgt. Troy Armstrong
Eric Farris Eric Farris

SHEPHERDSVILLE, KY (WAVE) - A Shepherdsville woman who wrestled a gun away from an intruder while her young sons were home says she's still shaken up. Police say the man broke into here home, but she shot him outside of the home. That woman declined an interview because she could potentially be facing charges.

The woman arrived home to Sycamore Bend with her two sons Sunday morning to find a man standing in her basement

"A weapon from the home was produced," said Sgt. Troy Armstrong Sunday afternoon. '"There was a struggle over that weapon."

Police say the man was trying to steal a shotgun along with other items. She confronted him and they struggled for control of the weapon all the way to the driveway, where police say she shot him.

"Her son called 911 for her while she was still struggling with the subject," said Armstrong.

Her husband is calling his wife, who is former military, a hero. Still Commonwealth Attorney Mike Mann is getting the case once the investigation wraps. Police say it's too soon to tell if any charges will be filed.

"I guess anytime that a weapon's used against someone there's always that possibility," said Armstrong. "As of right now, no charges have been placed."

It is possible, but unlikely says attorney Eric Farris, who is not connected to the case.

"I would say it's unlikely that the homeowner would be charged under the circumstance, certainly (not) convicted under the circumstances," said Farris.

Kentucky law allows a person to use "defensive force" in a dwelling, residence, or vehicle if they have a "reasonable fear," but a driveway may not count.

"A dwelling would generally be considered to be the structure itself and porches and things like that affixed to it," said Farris.

In 2006, however, the General Assembly expanded the law to include a person who is attacked in a "place where he or she has a right to be has no duty to retreat."

"Certainly being anywhere on your property is where you're lawfully entitled to be," said Farris.

The man was taken to University Hospital where he died Monday afternoon according to police. The Jefferson County Coroner's Office has not released his identity. 

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