DANA POINT (CBS) — Orange County sheriff’s deputies Tuesday were investigating the fatal shooting of a man who apparently broke into a Dana Point home.

The man, whose name was withheld pending notification of relatives, got into a home in the 34000 block of Capistrano By the Sea in Dana Point about 10:45 p.m. Monday, according to Jim Amormino of the Orange County Sheriff’s Department.

The homeowner, who was roused by the noise of the break-in, got his gun, confronted the intruder and shot him, Amormino said.

The intruder managed to climb back out a window, but died a short time later just outside the house, Amormino said.

Investigators have not yet determined whether the shooting was justified, Amormino said. The Orange County District Attorney’s Office will investigate, which is routine in such shootings, Amormino said.

(©2011 CBS Local Media, a division of CBS Radio Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. Wire services contributed to this report.)

Comments (20)
  1. It's all good! says:


    The creap broke into the guys house, what more does the DA need?

    It was justufied, and no one should ever question the fact that a mans home is not to be broken into, unless you would like to be shot!

  2. ransomlb says:

    Not only is is not a crime, this guy should be hailed as a HERO! This guy is more of a hero than all those lame Pro Athletes.

    We should all stand up for our rights.

  3. DF666 says:

    The DA should stay out of this one!!!

    If anyone breaks into my home, the only way they’re leaving is SHOT!

  4. Shoot the Intruders! says:


  5. He wasn't invited! says:

    Break in through the window? Leave feet first through the door!!

  6. Taxpayer says:

    Good Shoot, with all these low life’s being let out of prison a person has to arm themselves. This man just did the state’s job and saved taxpayers $$$$.

  7. Rev Scrub says:

    If a robber thinks that he can steal anything in a home that is worth his life, then he should be killed and save the tax payers a lot of money. No jail time, no public defender, Since the jails are over crowded the county should take the homeowner out to dinner…..

  8. MissyOgyny says:

    Bad news for the homeowner: CA DOES NOT HAVE A CASTLE DOCTRINE! Worse yet, the “next-of-kin” will have the right to sue his homeowner’s insurance for MILLIONS OF $$$! Hopefully, the homeowner has his house in a trust, or some such financial conveyance, to protect it from the CA INJUSTICE SYSTEM!

    1. Fidel Chavez says:

      How right you are, given some of the detail I’ve seen as read, there are already questions into 1-no weapon found or any immediate threat to the homeowner,2-excessive force 3-how many shoots fired? these as other factors will be later revealed as it may turn out worst than already is??

    2. BroJim says:

      CA may not have a “castle doctrine,” but the DA is not stupid, either! If he were to take this thing to trial; not only would it make front page news, but the guy would be found “not guilty” and it would strike a blow to the “anti-gun rights” left-wing liberals who want more gun control. They will let this one ease out of the spotlight quietly and the guy will walk! They don’t want to take any chances in an election year, anyway!

  9. Elemental says:

    I feel the same way. It should be justified, but CA law has very specific requirements to be justified. In CA breaking into someone’s house to rob it by itself is not justified. Now that changes if he came after the home owner or anyone else in the house. In CA the only time lethal force is justified is to defend human life, not property or pets.

  10. Fidel Chavez says:

    it very well, will be base on California law, negligent homicide, excessive force whereas no human life was at threat at time of shooting, and only property was intent? unfortunately for the homeowner as base on early statements may just find oneself on the very short end of the gavel, lawsuit,?? not out of the woods yet

  11. Local resident says:

    Let me get this straight? A law enforcement officer can ‘shoot now, ask questions later’ but a citizen does not have the right to defend their property? Gosh, maybe the homeowner should have asked the ‘creep’ if he was armed..by then the gun or knife is drawn and the homeowner is dead? There is definitely something wrong with this system!!!!!

  12. Greg says:

    Criminals get lenient sentences for shooting someone, yet a responsible homeowner protecting himself and his property gets investigated and probably sued. How friggin backwards is our state?! Thanks to the irrational and irresponsible laws put in place by liberals.

    Someone breaks into your house, especailly late at night. That’s a threat and any use of force is justified; you have no idea what that person’s going to do!!!! Our laws need to be changed so that there’s no questions asked. You break into someone’s home, you take your life in your hands, and the homeowner is justified in ANY action they take. Period. No suit allowed, no persecution or investigation of homeowner.

  13. Blogengeezer says:

    It eventually depends on Who the homeowner is, Their overall resource$, Media connections help immensely, Who the homeowner Knows (supporters etc), and last of all, the Political views of the homeowner and supporters. After all of these far more important considerations,…. Justice will be done.

  14. Amanda Louise Amacher says:

    I’ve got a 3 yr old full time…anyone breaking into my house will be shot as soon as they enter..I don’t care if they don’t look like they have a weapon…You broke into my house and that’s a threat in itself to my child. I don’t know what your intentions are…If they take it to trial I hope they DA gets fired…

    1. Amanda Louise Amacher says:

      Man, I miss living in Oklahoma…they can’t sue you over being hurt from breaking into your house, and almost everyone owns a gun…

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