Sacramento homeowner fires gun after burglar tried stealing his car
SACRAMENTO — A Sacramento homeowner fired his gun after a suspect broke into his home and stole the key fob to his car.
It happened Friday at around 2 p.m. on the 2400 block of 50th Avenue. The burglary suspect, who the homeowner believes was homeless, is in police custody.
"I point the gun at him and I shoot the gun in the air," said the homeowner, Tu.
Tu said that he fired the gun into the sky to scare the suspect away.
"He knows I am handicapped, disabled, so he wasn't scared," he said.
Tu said the suspect unlocked his side gate and snuck in through the back door while he was exercising in the backyard.
"He opened up the doors and ransacked the valuables," Tu said.
The two came face to face inside but then Tu said the burglary suspect bolted for the driveway.
While Tu said the suspect was trying to start his car, Tu grabbed his gun.
"I shot in the air to make a warning," Tu said.
Police said that the suspect ran away from Tu's home, and they caught him about a block away in Woodbine Park.
The question the district attorney will need to answer is if the shots Tu fired were justified.
"You're not allowed to use deadly force to recover property," said Justin Ward, managing attorney of the Ward Firm.
Ward said California law allows you to fire a gun for self-defense if the burglar is inside your home, but you have to feel threatened by the suspect in order to shoot once they are outside.
"You have reasonable fear that they are going to steal your car, but not reasonable fear that they are going to harm you or somebody who lives in your home," Ward said.
Tu, the disabled and elderly homeowner, said that he pulled the trigger to defend himself and he hopes the burglar never tries coming back.
"I thought maybe he come out and attack me," Tu said. "He is scary."
Ward said the district attorney could charge negligent discharge of a firearm, but right now, only the suspect is facing charges.
