YUMA, AZ – With the recent attempted burglary where a 22-year-old chased away intruders by firing gun shots into the ground; KSWT News 13 wanted to know how far the law goes to protect homeowners who scare off criminals by firing off warning shots.
According to the Yuma County Sheriff's Department, the law fully protects you if you feel your life is in danger and you shoot an intruder inside of your home. But, the law may not fully protect you if you fire warning shots outside of your house even if you feel you are justifiably chasing away a criminal.
Because the law varies, we should make it clear that in this case the Yuma County Sheriff's tell us the 22-year-old who fired warning shots to chase these burglars away will not be charged.
Sergeant Franklin Pereda tells KSWT News 13, according to Arizona State Law, Article 13 defines justification for self-defense as: "a person is justified in threatening or using physical force... to protect himself against the other's use or attempted use of unlawful physical force." However, the law may not fully protect a home owner or justify self-defense if: "the person withdraws from the encounter..." Meaning a criminal is running away.
In this recent case of the 22-year old who fired shots to chase away burglars, Yuma County Sheriff's tell us because of the nature of the crime and the threat post at the time, the resident will not face any charges. But each case varies and is determined on a case-by-case basis.
As for the two men arrested for breaking into the home, they made their first court appearance Sunday January 20th. Rigoberto Quiroga, 26, Jesus Arbizo, 28, both face chargers for burglary and criminal trespass. Quiroga is out of custody on $64,000 bonda and Arbizo remains behind bars.
They are both due back in court later this month.
Email Alert Sign Up
Sign up here to receive breaking news stories from KSWT.com and morning updates to your email inbox.
Thank you for signing up! You will receive a confirmation email shortly.
SEBASTIAN, Fla. (CBS/AP) - Kaitlyn Hunt, an 18-year-old Florida high school student charged over a same-sex relationship with an underage classmate, refused to accept a plea deal Friday, CBS affiliateMore >>
Kaitlyn Hunt, an 18-year-old Florida high school student charged over a same-sex relationship with an underage classmate, refused to accept a plea deal Friday, CBS affiliate WPEC reports.More >>
Yuma, AZ- "It's a lot of heart ache and a lot of grieving," said Joseph Montaldo. Joseph says the death of his younger brother angel has been very difficult for him and his family. "My brother wasMore >>
Yuma, AZ- "It's a lot of heart ache and a lot of grieving," said Joseph Montaldo.More >>
Divers equipped with sonar and rescue workers canvassing the woods will resume their search Sunday for the missing pilot of a volunteer Angel Flight that crashed in upstate New York, killing two people, a town...More >>
A brain cancer patient and his wife were on board the volunteer medical flight piloted by a Connecticut man that crashed in a wooded area of central New York, authorities said Sunday.More >>
PHOENIX (AP) -- A federal judge ruled Friday that the office of America's self-proclaimed toughest sheriff systematically singled out Latinos in its trademark immigration patrols, marking the first findingMore >>
A federal judge ruled Friday that the office of America's self-proclaimed toughest sheriff systematically singled out Latinos in its trademark immigration patrols, marking the first finding by a court that the agency racially profiles people.More >>
OCOTILLO, Calif. – Border Patrol agents teamed up with other law enforcement agencies to rescue four illegal immigrants who got lost, one of whom was dehydrated and in need of medical help. The four men—whoMore >>
Border Patrol agents teamed up with other law enforcement agencies to rescue four illegal immigrants who got lost, one of whom was dehydrated and in need of medical help.More >>
The collapse of an Interstate highway bridge in northern Washington state is a wake-up call for the entire nation, the chairman of the National Transportation Safety Board says.More >>
Federal investigators used 3D laser scans Sunday to study what remained of a collapsed Washington state bridge as Gov. Jay Inslee announced temporary spans will be installed across the Skagit River within weeks - if plans go...More >>
In 1986, when Congress agreed to allow immigrants who were in the country illegally to get legal status, more than a million farmworkers applied. In Central California, the nation's agricultural powerhouse and a...More >>
After Paulino Mejia crossed the border illegally into the U.S. in 1980, he picked grapes, peaches and other crops in California's agricultural heartland, lived in crowded rental housing, hid from immigration agents and...More >>