Elderly home invasion victim shoots one of his attackers

Dayton CBS affiliate WHIO-TV is reporting that an elderly man shot a man suspected of breaking into his house Friday night.

From the report:

Around 11 p.m. Friday, 3 people broke into the house of an elderly man on Mia Avenue and demanded property, Lt. Kimberly Hill of the Dayton Police Department said.

The man refused to give them anything, so the group left and later returned, Hill said.

When they returned, a 20-year-old-man pushed the resident down and removed a television from the house. The young man re-entered the house to threaten the resident who shot the suspected robber in the back as he was exiting the house, Hill said.

James Brooks, the victim of the attempted burglary, told News Center 7 that he used to be a Jefferson Township police officer, but he had never fired his weapon while he was a part of the force.

Hill is quoted as saying the man who was shot was taken to Miami Valley Hospital in critical condition in a personal vehicle for surgery, but he is expected to survive.

The other two suspected robbers, the 17-year-old brother of the man who was shot and an 18-year-old woman were arrested and taken to the Public Safety Building for questioning.

"They knew the television was inside the house and that the resident is elderly," Hill said. "Being much younger, they assumed that they were going to be able to take his property and obviously found it that it wasn't going to be that easy."

"You just can't go in somebody's house and knock 'em around and take their stuff out of there," Brooks said.

Brooks was also interviewed by detectives. Hill said he appeared to be in fear for his life and acted in self defense. Brooks does not face any charges.

Under Ohio's Castle Doctrine law, if someone unlawfully enters an occupied home or temporary habitation, or occupied car, citizens have an initial presumption that they may act in self defense, and will not be second-guessed by the State.

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