New Orleans police arrested a 39 year-old New Orleans homeowner for aggravated battery on June 30, accusing him of shooting a man suspected of burglarizing a house the homeowner had under repair.
According to the Times-Picayune, the homeowner, Luiz Delmia, and his wife, were driving by a building that was being repaired due to a fire, when they saw an unidentified man enter the house. Delmia parked, got out of his car, went to the house, and encountered an unidentified man. Delmia allegedly shot the man several times, then stood over him and threatened to shoot again.
One witness reportedly said he heard nine shots, then two more, and heard the suspected burglar begging for his life, saying “Please don’t shoot me again”, and that witness told the New Orleans Advocate that Delmia kicked the wounded man as he lay on the ground. The witness said after Delmia emptied one clip of his gun, he asked his wife for another.
It’s not clear whether the shooting occurred inside or outside the house. Delmia’s wife told police that the house had been burglarized for copper pipe and wiring three times in the past week.
Louisiana is a “stand your ground” state. The state’s stand your ground law (La. Rev. Stat. 14:20) reads, “A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force”.
Louisiana self defense laws (La. Rev. Stat. 14:19) state, “Use of force which does not result in death is justifiable when committed to prevent forcible offense against the person; or forcible offense or trespass against property in a person’s lawful possession”.
Homeowners should always know the law before taking action pertaining to protection of property. Check out the stand your ground laws in your state.
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