Weaponry; Discussion of Rights and Responsibilities - Page 315

**LadyLuck** · June 15th, 2024, 01:11 PM

77-year-old Oakland homeowner released from jail without being charged in shooting death of suspected burglar.

The man had been held at Santa Rita Jail since early Tuesday morning on suspicion of murder

https://www.mercurynews.com/2024/06/...ected-burglar/

The best part of this whole story is that the homeowner was savvy enough not to talk to the police:

At a press conference Wednesday, Shavies largely pinned the homeowner’s arrest on the fact that he “did not provide a statement” when questioned by homicide investigators.

“Absent any sort of statement, if ‘A’ shoots ‘B’ without an explanation, we can only go with what we have,” Shavies said. “All we know is an individual lost his life.”

The homeowner’s arrest — and OPD’s reasoning for booking him — raised the eyebrows of legal observers throughout the Bay Area.

“I find it very troubling that the police would arrest someone because they didn’t make a statement,” said Mathew Martinez, an East Bay defense attorney who previously spent 13 years as a prosecutor in Merced County. “You have a Fifth Amendment right not to incriminate yourself. And the fact that you exercise that right doesn’t seem like a reasonable basis to arrest somebody.”

June 15th, 2024, 01:11 PM	#3141
LadyLuck Vintage Member Join Date: Aug 2011 Location: USA Posts: 1,089 Thanks: 155 Thanked 10,672 Times in 1,279 Posts	77-year-old Oakland homeowner released from jail without being charged in shooting death of suspected burglar. The man had been held at Santa Rita Jail since early Tuesday morning on suspicion of murder https://www.mercurynews.com/2024/06/...ected-burglar/ The best part of this whole story is that the homeowner was savvy enough not to talk to the police: At a press conference Wednesday, Shavies largely pinned the homeowner’s arrest on the fact that he “did not provide a statement” when questioned by homicide investigators. “Absent any sort of statement, if ‘A’ shoots ‘B’ without an explanation, we can only go with what we have,” Shavies said. “All we know is an individual lost his life.” The homeowner’s arrest — and OPD’s reasoning for booking him — raised the eyebrows of legal observers throughout the Bay Area. “I find it very troubling that the police would arrest someone because they didn’t make a statement,” said Mathew Martinez, an East Bay defense attorney who previously spent 13 years as a prosecutor in Merced County. “You have a Fifth Amendment right not to incriminate yourself. And the fact that you exercise that right doesn’t seem like a reasonable basis to arrest somebody.”