Posted by Oldmax on October 03, 2010 at 05:17:58 from (24.154.154.82):
WAYNE COUNTY, W.Va. (WSAZ) -- Killed in the act of stealing -- that's what happened to a man after the homeowners returned to their house in the middle of a burglary.
Police say it was a clear case of protecting one's property. But, even the homeowners made up a story at first -- out of fear of punishment.
"They knocked on the door and said they shot someone," David Smith said. "She said she shot him.”
Smith lives next door to Casey Bartram and his girlfriend, Brittany Stroud, in rural Wayne County. Their home is about 3 miles outside Lavalette. It was late Sunday night around 11 p.m. when the couple arrived home, along with their 2-year-old, to suspicious activity in their home.
The original story was that Stroud shot at one of the suspects, not knowing whether she hit him. It was later discovered she never touched the gun and was trying to perhaps protect her boyfriend.
According to the police report, Bartram loaded four rounds into his 9mm pistol before going into the home. Once inside, he and that suspect, Jason Hall, who was also armed with a handgun, got into a struggle. That's when Bartram fired one shot, striking him just above the left eye and killing him instantly.
"You have a right to protect your property against an intruder," attorney Doug Reynolds said.
Reynolds is an assistant prosecutor for Cabell County. He says homeowners need not be nervous about their rights because the law is clear-cut.
"In West Virginia, since 2008, there has been the Castle Doctrine, which at the time about 16 other states had also
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