DURHAM, NC — A woman’s brother shot and wounded a man who was trying to break into her Durham apartment on October 10, according to police, who described the shooting as apparent self-defense.
The wounded man was taken to a hospital, and no one else was hurt. Police said he would be charged, although the initial report did not specify the offense.
Officers responded to the 4800 block of Danube Lane at about 9:45 a.m. Saturday, according to WRAL’s account of the Durham Police Department’s findings.
Police said the man was trying to break into the apartment of the mother of his child. Her brother intervened, and the two men began fighting before the brother shot him.
The initial report did not name the people involved or give the wounded man’s medical condition. It also did not establish whether he had a legal right to enter the apartment, a question relevant to how North Carolina’s home-defense law could apply.
The account remains a preliminary police assessment.
Timeline
Legal and safety breakdown
North Carolina General Statute 14-51.2 creates a rebuttable presumption of reasonable fear for a lawful occupant when someone unlawfully and forcibly enters a home and the occupant knows or has reason to believe the entry is occurring.
There are exceptions, including when the person entering has a right to be there or is a lawful resident, unless a qualifying protective or no-contact order applies. The man’s relationship to the woman’s child does not, by itself, establish his right to enter.
General Statute 14-51.3 separately permits deadly force when a person reasonably believes it is necessary to prevent imminent death or great bodily harm to themselves or another person, or in circumstances covered by Section 14-51.2.
Whether either provision applies depends on the circumstances of the entry, the brother’s status at the apartment and the threat at the time of the shooting. Those details were not established in the initial report.
Safety Tip: If someone is trying to force entry, move to a secure location when possible, call 911, clearly identify yourself and others to dispatchers, and avoid confronting the person if a safe retreat within the home is available.
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