[Cyber Liberty]

While I agree with your sentiment, I’ll bet the local D.A. would have been all over it looking feverishly for a loophole to prosecute the homeowner.

You mean like he's doing now?

[DoughtyOne]

Yes, just like he’s doing now.

[ChildOfThe60s]

Longmont Police Cmdr. Jeff Satur said Tuesday that the investigation remains open and he cannot comment about additional details. He said the Boulder District Attorney's Office is reviewing the case to make sure the homeowner did not violate any laws during the altercation.

Although it is poorly worded, and we are justified by experience in assuming malevolence in a DA's office against the homeowner, this statement does not say that they are trying to find a way to prosecute the homeowner. The DA is legally obligated to review the incident. But his office is likely populated by numbnuts that don't know they are stepping in a pile of PR crap making a statement like this.

Although I know I am morally entitled to shoot any person that breaks into my home, the problem with a "warning shot" from a legal point of view is that I would be indicating that I was not in immediate fear of my life. Because if I was, I would shoot the man, period. Job done.

Before anyone screams at me, IMO I have no choice but to assume anyone in my house has fatal intentions and act accordingly. To do otherwise would be pretty stupid. But the law could see it as shoot him or let him go. Warning shot turns it into a gray area. We want to avoid bureaucrats and gray areas.