A criminal defense attorney is weighing in on a controversial double shooting on the streets of Reading.
It happened around 1:30 Monday morning in the 1200 block of North 11th Street in Reading.
Police tell us a man claimed two thieves were breaking into his car.
So, he shot them both from his second story window.
One person was shot in the chest, the other in the ankle.
"If I were the gentleman who fired the shot, attempting to protect his vehicle, I would have some concerns," said James Polyak, a criminal defense attorney.
Criminal defense attorney James Polyak says he would be worried if he were the shooter because he does not believe the man's actions are protected under Pennsylvania law.
The so-called "castle doctrine," generally speaking, gives people who are facing force the legal justification to respond with force themselves.
But because of the circumstances in this case, Polyak believes the shooter was not justified.
"Certainly he was in no risk of danger himself and the law, as it relates to the use of force in Pennsylvania, does not permit you to use deadly force in order to protect your vehicle, unless you are in fact inside the vehicle," said Polyak.
The shooter is cooperating with police.
Both of the suspected thieves who were shot do not have life threatening injuries.
The District Attorney is still reviewing the case. He has not yet filed charges against the shooter or the suspected thieves.
Polyak says if you are faced with a similar situation do not shoot, call police.
from 69News:Home http://ift.tt/1KI2JFD
0 commentaires:
Enregistrer un commentaire