Homeowner Used "Self Defense" Against Intruders

The "Castle Doctrine" has its roots in English Common Law and gives a person the right to defend his or her home. And that's exactly what Rossville, Georgia police say a homeowner did Monday afternoon when two intruders tried to break into his home.

Rossville police tell NewsChannel 9 they will not charge Gary Anderson. Investigators say Anderson caught the two suspected thieves "in the act." The lead detective says Anderson actually saw one of the intruders with his "computer in his hands."

    Officers sorted out the details early Monday evening. Anderson shot Marvin DeWayne Wallace after he found him and Andre Jenkins trying to steal a computer and jewelry, according to police.

   Public Safety Director Sid Adams said, "At this point in time I don't see any reason or anything that indicates he (Anderson) did anything wrong." An employee at Ensign Flowers, which is directly across South Crest Street, heard one shot. She jumped to the window and heard several more shots and saw an arm extending from the front door.

    Director Adams says the homeowner fired no more than four shots. And the lead detective says they were fired from inside. Wallace was wearing a white shirt. Emergency crews found it with several blood stains on it.

    The 43 year old Jenkins ran, but police later caught him. And NewsChannel 9 confirmed he just got out of Silverdale for aggravated assault exactly one week before this crime.  And Wallace also has a lengthy criminal history, including attempted murder.

   Chief Adams says Anderson was upstairs and noticed a strange car in his driveway Monday afternoon.It proved to be the getaway car. That driver remains on the run.

   Adams says a noise downstairs startled Anderson. "There was an encounter inside the residence at which point the homeowner used a firearm that he kept there for self protection," Adams said.

And Anderson also has the written law on his side. Georgia's "Stand Your Ground" law gives you the "right to meet force with force, including deadly force." It also allows "use of force in defense" of your home.

Police say there is no indication Anderson knew either criminal. Adams said this was apparently, "A random crime, a target of opportunity possibly where the suspects at least thought possibly no one was at home."

   But they were mistaken. The 41 year old Wallace was hit in the leg, shoulder and arm. He remains in critical condition at Erlanger. Meanwhile, Jenkins now faces fugitive charges, with others expected.

Also, Tennessee and Alabama have similar "stand your ground" laws which cover your home and other places.

North Carolina has a "castle doctrine," which applies only to your home.