Oakland homeowner arrested after fatally shooting robbery suspect

OAKLAND, California. – An Oakland homeowner was arrested after shooting and killing a robbery suspect.

The 77-year-old owner of the house was arrested on suspicion of murder. He remained behind bars Tuesday while the prosecutor considered whether to file charges.

It is unclear whether the unidentified man will be formally charged or whether the killing was justified on grounds of self-defense.

The incident happened shortly before 6 p.m. Monday at 98th Avenue and Burr Street in East Oakland.

Authorities said two men and a woman pulled up to an area residence in a stolen Infiniti Q40.

A witness told police the three men entered the property and one of the men had a crowbar. The witness then heard a gunshot.

According to court documents, police arrived on scene and found the homeowner pointing a stolen Colt Python revolver at the female suspect.

That woman told police the homeowner shot her friend. Oakland firefighters and paramedics attempted 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 firearm and arrested on suspicion of burglary.

No charges have been filed against the owner, although he was arrested. The case is being reviewed by the Alameda County District Attorney's Office.

Prosecutors have until Thursday to determine whether to charge the owner, who has refused to speak to 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's illegal. “

Cardoza said that depending on the facts, the owner could still claim self-defense.

“If you are in imminent fear for your life or the life of someone else in your home, you have every right to take whatever steps are necessary to defend yourself against invaders,” he said.