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Plum police ask DA to review intruder shooting
AP POSTED: January 11, 2008

PLUM, Pa. (AP) - Police in the Pittsburgh suburb of Plum Borough have asked the Allegheny County District Attorney to determine whether a man should be charged with shooting an intruder into his home.

Police say 68-year-old James Bodnar told them he shot the man in both legs when he tried to enter Bodnar’s apartment about 1:30 a.m. Wednesday.

Police believe the alleged intruder, 21-year-old Justin Jones of Auburn, N.Y., was likely trying to enter his ex-girlfriend’s apartment in the same complex.

Jones remains hospitalized, but police Chief Frank Monaco says charges are pending against him.

Police say Bodnar opened the door and showed Jones the gun after Jones tried to kick in the door. Police say Bodnar shot Jones when he still tried to enter.
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He should have waited til the kid actually kicked in the door... then if he continued to enter, an unloaded magazine
would follow. Probably wouldn't be any discussion then. We'll see...
 

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Same kind of thing happened around here, a drunk kid forcefully tried to break into "his" house and ended up shot. The homeowner wasn't charged as he was justified. Sounds the same here, except this DA seems to have an axe to grind...​
 

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This sounds more like a procedural matter to me. I am not familiar with the law up there but typically a DA's are who decide whether a criminal charge will be brought. In the absence of a statue like the castle doctrine this would be typical. My understanding is that in Florida, thay used to require grand jury's even for the most obvious self defense cases. The statements by the police make it sound like they think it was a good shoot.
 

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I think Bluegreen 76 got it

I am sure it is procedural. As he notes, only the prosecuting attorney (DA, in this case) has final charging (or refusal) authority.
 
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