MINNEAPOLIS (AP) — Prosecutors have decided not to charge a Minneapolis woman and her son after one of them fatally shot a man they say was trying to break into their home.
The Hennepin County Attorney’s Office says the two were standing at the threshold of their patio door when the shots were fired, killing 30-year-old Martin Johnson on Feb. 22. Johnson attempted to break into the home and refused to leave the backyard, officials said.
“The homeowner and her son did not have a duty to retreat because they were inside their own home,” prosecutors said in a statement. “All of the surrounding circumstances show that their fear of bodily harm was subjectively real and objectively reasonable.”
The 53-year-old homeowner and her 26-year-old son armed themselves with guns.
“The homeowner and her son were reasonable in thinking that a potential burglar, undeterred by warning shots and advancing toward them, could pose a significant danger,” according to the release. “While this case is tragic, there is not sufficient proof that the homeowner and/or her son are guilty of a crime.”
Police and the medical examiner’s office could not determine which of the guns fired the bullet that killed Johnson. The woman told police she shot Johnson when he approached while reaching into his waistband, the Star Tribune reported.
