Your rights as a homeowner facing an intruder

Grants Pass, Ore.– Investigators remain tight lipped about Tuesday night’s incident that left one man dead.

It happened on West Park Street in Grants pass. The Josephine County District Attorney’s Office said 32-year-old Matthew Durbin prowled onto a house on the 900 block. Before police arrived, Durbin was shot and found dead on scene.

Greg Abel an attorney in Medford who is not involved in the case said if someone is burglarizing your home and they’re inside of it, you do have the right to use deadly force. Under Oregon’s “Excused behavior defenses,” you have to act in self defense that you shot and killed an intruder.

“It can’t be an accident. I have to believe you’re here to commit a crime so that’s where you start playing games. Where, did they come into the house, Were they on the porch, Were they just yelling at me” said Abel.

He also said, “Self defense is the most prominent defense it’s not a pass or a walk it’s a defense. But once it’s alleged it shifts the burden to the state to prove it wasn’t self defense.”

Abel said if you are in a situation similar to this one it’s important you call 911 immediately.

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