Why firing at fleeing suspects could still get a homeowner charged

A home invasion in Ohio turned into a legal teaching moment in a new video from Colion Noir, who walks through what a homeowner did right during a break-in, and the one moment that could still land them in trouble.

Snapshot

Colion Noir breaks down a Thursday morning break-in on Scarf Road in Ohio, where two masked men forced their way into an occupied home and were confronted by the homeowner, who fired at them as they fled to a black sedan. Noir argues the confrontation itself was a justified use of the Second Amendment, but says firing as the suspects were already running could be the part that haunts the homeowner legally.

Key points

• The break-in: According to Dayton Daily News, as cited by Colion Noir, two masked suspects forced entry around 8:47 a.m. in the 700 block of Scarf Road.
• The confrontation: Dayton 24/7 Now reported the homeowner confronted the two suspects and discharged a firearm at them and their sedan as they fled.
• The investigation: The sheriff's office says a home camera caught the suspects entering, and detectives are using license plate readers to locate the getaway car.
• The legal line: Noir points to guidance from USA Carry that justification for deadly force generally ends once a threat is retreating, not advancing.
• No charges yet: Noir notes the sheriff's office hasn't characterized the homeowner's actions either way, and no charging decision has been announced.

Quick take

Noir's larger point is that armed citizens are held to a tighter standard than the criminals who break into their homes, and that gap shows up most clearly in the seconds after a threat turns to flee. He's not condemning the homeowner, who he says handled the actual invasion correctly, but he uses the case to underline a rule he says gun owners can't afford to blur: the gun goes away when the threat is already driving away.

Watch the full video: Colion Noir