California Man Who Shot Allegedly Burglars May Not Face Charges

| by Kathryn Schroeder

Whether charges will be filed against the 80-year-old man who fatally shot an unarmed burglar in California has yet to be decided.

Tom Greer, 80, shot Andrea Miller, 28, twice in the back after he discovered her and another man burglaring his home.

After a scuffle, Greer managed to get hold of a .22-caliber Smith and Wesson revolver.

Miller told Greer she was pregnant and asked him not to shoot. He did anyway.

Miller died at the scene. The other burglar, Gus Adams, fled on foot and was later captured by police.

According to the Huffington Post, autopsy results conclude Miller was not pregnant.

Adams, 26, has been charged with murder, burglary, robbery, and weapons charges.

The murder charge against Adams was filed because he may have participated in a felony that led to a death, said Long Beach Police Chief Jim McDonnell.

The decision on whether to press charges against Greer in the case in still under investigation, reports CBS News.

"Basically, you can defend yourself if you're in imminent danger of serious bodily injury or death," McDonnell said. "Based on the information we have, and what we can determine between now and the time we present this to the district attorney, we'll make the determination as to whether it was reasonable, [Greer's] actions at either point."

The problem lies is the fact that Greer chased the couple outside of his home and fired on them in an alley as they were fleeing.

It is a gray area in the way of defending yourself in your home.

"The problem here is that all this happens very fast and his legal right to use force probably ended just a few seconds before he did use deadly force," former federal prosecutor Lawrence Rosenthal said. "So the question is should you charge somebody on the basis of what really was a series of split-second decisions when he's just been robbed and physically assaulted?"

Greer claims the same couple had robbed him twice before.

Both Miller and Adams were unarmed at the time of the burglary.

Photo Credit: Long Beach Police Department/Huffington Post