Homeowner shoots suspect during attempted break-in, Surprise police say

SURPRISE, AZ (AZFamily) — One suspect has been shot, and another is in custody after Surprise police say they tried to break into a home Monday morning.

It happened in the area of 140th Drive and Waddell Road, just west of Litchfield Road. According to police, two suspects were trying to force their way into a house when the homeowner opened fire, striking one of them.

Officers responded and took both suspects into custody, one of whom was taken to a hospital with non-life-threatening injuries.

“It’s almost unthinkable, especially in the early morning hours,” said neighbor Nancy McCraven. “You never think it’s going to happen, especially in a nice quiet neighborhood like this and it’s always quiet.”

Some neighbors heard the commotion early in the morning.

“I woke up around 3:30 and then I was getting ready in my room and I didn’t think it was a big deal until I heard them get closer to our house,” said Shaylee Coker.

They were shocked about what happened.

“It happened two doors down, and you never know who it could be next and so I think everybody is going to start to raise their security awareness,” Coker said.

Detectives are investigating.

With so many questions still lingering, families cannot help but wonder what they would do in that situation.

“It’s terrifying because I’ve got kids home,” said Christina Hogan. “If it happened to me I don’t know how I would’ve dealt with it.”

Rachel Moss, a criminal defense attorney for the Attorneys for Freedom Law Firm in Chandler, said there are a couple of state statutes that could protect homeowners in these situations.

She explained they may overlap but said the Arizona crime prevention statute applies best to break-ins.

“The crime prevention statute would allow a homeowner if they reasonably believe that a crime is in progress, they can use physical force or even deadly physical force to protect themselves and prevent that crime from occurring,” said Moss.

Some of the crimes listed under the law include burglary, aggravated assault and armed robbery.

“In terms of this statute, what it really comes down to is whether or not the homeowner was acting reasonably,” said Moss.

She explained if a homeowner believes a crime is about to happen, they can take action to prevent it.

“That’s why the homeowner doesn’t have to wait until someone actually is breaking into their property. They have to think that it’s in progress, in some way,” said Moss.

When it isn’t a clear case, the attorney explained it might go to trial with a jury deciding whether a homeowner was justified in their actions.

Moss added that something important to consider about this statute is that a person is presumed to be acting reasonably under it.

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