NEW ORLEANS — A St. Roch homeowner was arrested after reportedly shooting at two teenagers believed to be stealing from cars parked in the neighborhood on Tuesday morning, police say.
But was he protected by the law when he shot at them?
"It all turns on whether or not the defendant in this case had a reasonable belief that the use of deadly force was necessary in self-defense," Loyola Law Professor Dane Ciolino said.
According to the police department and arrest records, the two teens were driving a stolen Kia Optima in the 2400 block of Tonti Street shortly before the shooting when they attempted to break into a vehicle. Police say while they were attempting to burglarize the car, its owner, Denzal Peters, emerged from a nearby home and started shooting at the juveniles with a rifle.
The shooting and moments after was captured by a nearby security camera.
The two teens attempted to escape the gunfire, during which the 14-year-old was struck several times. The Kia Optima traveled off the roadway, through a chain-linked fence, and across a divided roadway before crashing into a parked car.
Ciolino says that this shooting would not fall under the so-called Castle Doctrine, where you can protect your car or home if you're inside and someone is breaking in.
Instead, it will come down to whether or not Peters was threatened or had reason to fear for his life before opening fire.
"And really, that turns on these facts, whether he believed that the offenders here were armed and dangerous -- and apparently there were guns in the car, but whether they brandished the guns or he otherwise saw them possessing the guns remains to be seen," Ciolino said.
Officers searching the stolen vehicle later found glass breakers, gloves, ski masks, burglary tools, IDs belonging to other people, two stolen guns, ammunition, knives and equipment used to steal Hyundais and Kia vehicles. The car was reportedly stolen from the 1100 block of Marigny Street and its rear window had been smashed and its steering column was damaged.
Documents say officers collected spent 7.62mm casings from the home's front porch and tried to contact the homeowner. Police say 26-year-old Peters refused to speak with officers but eventually surrendered to the department's Special Operation Division. During questioning, Peters reportedly refused to speak to detectives.
A search was conducted on Peters' home and officers found empty ammunition boxes, two 9mm magazines, two extended 45 cal magazines, a Glock 9mm handgun and 274 grams of suspected marijuana. The arrest documents say officers did not find a rifle in a search of the home, but video showing the moments after the shooting showed the shooter exiting the home several times and walking down the street. The document said officers believed Peters stashed the rifle out of view of the video.
Peters was arrested and booked into the Orleans Parish Justice Center on charges of aggravated battery by shooting, illegal discharge of a firearm, obstruction of justice and illegal carry of a firearm while in possession of controlled dangerous substance.
"People are frustrated. Obviously, people would like this to stop," Ciolino said. "But you can't use deadly force to stop a property crime."
The 14-year-old who was wounded in the shooting will be booked after he is released from the hospital. The police department said he faces charges of possession of a stolen vehicle, simple burglary of a vehicle, and possession of a firearm by a juvenile.
The second juvenile was booked into the Juvenile Justice Intervention Center for possession of a stolen automobile, simple burglary of a vehicle, and possession of a firearm by a juvenile.
Tuesday’s shooting is just the latest involving kids. Last month, an accidental shooting, also on St. Roch Avenue, left Tyler Ellis, 15, dead. Last Thursday night, police say Octavius Wells, 14, was shot and killed on Lesseps Street in the neighboring St. Claude neighborhood.
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