開槍打死入屋賊 被控 加國自衛違法

住客開槍打死入屋賊人被控 加國準自衛 律師對起訴驚訝

[2023.02.22]

圖為案發現場。

【明報專訊】5名男子疑在米爾頓市(Milton)一間民房搶劫時﹐遇上住客扺抗﹐後者更用自己已登記的手槍向其中一名賊人開槍﹐賊人中槍死亡。如今22歲﹑與單親母同住的住客被控二級謀殺罪名。

案發在Gibson Crescent的一間民房。據杜蘭區警方表示﹐本月19日清晨5時﹐兩名賊人前往該民房意圖搶劫。當他們一走進屋內﹐便遇到一名住客﹐屋內傳出多下槍聲。當警員接報到場後﹐便在屋內發現一名男子當場死亡。

22歲﹑與單親母親同住的Ali Mian現被控二級謀殺罪名。

其代表律師Jag Virk表示﹐其當事人隻是向一名搶劫其家﹐並攻擊其母親的入侵者開槍。其當事人的手槍早已登記﹐他隻是用手槍合法地對抗持槍的入侵者。他在保護母親的情況下開槍﹐而且隻開了一槍﹐他這個舉動的目的並非要殺死入侵者﹐故不應被控二級謀殺的罪名。荷頓區警方表示﹐調查仍在進行﹐並尋找另外3名在逃的疑犯。他們於事發後乘坐一部淺色﹑有天窗的Dodge Charger逃走。

警員則當場逮捕了一名男子Romario Clarke(20歲)﹐他現被控以一項入屋行劫及在未經授權下藏有槍械的罪名。

多倫多律師對於警方在這宗案件中﹐竟向起訴住客二級謀殺罪感到驚訝﹐因為加拿大至今仍允許居民自衛。

不過﹐他又補充﹐警方經常在最初時會起訴疑犯較重的罪名﹐待取得更多資料後﹐再交由法庭或檢控官決定控罪是否合適。

Milton man, 22, charged with murder defended himself against home invasion, lawyer says

https://www.cbc.ca/news/canada/toronto/milton-man-shooting-1.6755603?

Ali Mian made 1st court appearance Tuesday after 1 man was killed in weekend shooting

Feb 21, 2023 

Police tape still surrounds a house in Milton where a person was shot dead early Sunday. (CBC)

A Milton, Ont. man charged with second-degree murder after a shooting in his home on the weekend was defending himself, his lawyer said Tuesday after his client's first court appearance.  

Ali Mian's lawyer, Jag Virk, told reporters outside the courthouse on Tuesday that the 22-year-old is innocent. Virk said he will argue his client was acting in self defence.

"It was a home invasion, intruders in his house, armed, dangerous, and he protected himself and his mother," he said.

The shooting happened in a home on Gibson Crescent, near Ontario Street South and Louis St. Laurent Avenue, in Milton at about 5 a.m. on Sunday, according to the Halton Regional Police Service.

Police have not released the identity of the man killed in the shooting. He was found dead at the scene, police said.

In an email to CBC News, Virk said it was not a targeted shooting:

"[Mian] is a registered firearm owner and used his gun legally against an armed intruder," he wrote. 

"He shouldn't be charged with murder for protecting his mother from someone that broke into his home," the email said.

"His intention was not to kill the intruder, he only shot at him once. We are all saddened that the intruder passed away as a result of being shot."

Police said another man, 20, of Oshawa, was arrested at the scene and charged with break and enter and unauthorized possession of a firearm.  

• 2 charged in Milton home shooting, 3 suspects still at large, police say

• 1 dead, 2 in custody after shooting inside Milton home, police say

In a news release on Monday, police said witnesses told them a group of suspects approached the home early Sunday. Police believe they were intent on committing a robbery.

"Upon entering the residence, they were confronted by an occupant and a number of gunshots were fired within the home. One individual was pronounced deceased at the scene, while two other individuals were arrested when police arrived," the release reads.

Police said they are still looking for three other suspects who are believed to have fled the scene in a white vehicle.

Police have released a photo of the alleged getaway vehicle, believed to be a light-coloured Dodge Charger with a sunroof and black wheels.

Halton police have released this photo of the suspect vehicle. It is believed to be a light-coloured Dodge Charger with a sunroof and black wheels. (Halton Regional Police handout)

Samir Shafique, a resident who lives nearby and who has lived in the neighbourhood for about six years, said the shooting woke him up. Initially, he said he thought someone had broken a window or broken into his house.

"There was like, one two, one two — four shots we heard," he said.

Shafique said when he looked outside, he saw there were five cars outside the home. He said there are usually four. He said he is friends with the family and that Mian is a post-secondary student. They share food and shovel the walk for each other, he said.

"I said this is something unusual," he said.

Police cars began to arrive, one after another, and at 5:09 a.m., police walked Mian out of the house, he said. 

"They grabbed him. They arrested him."

Then Shafique said he learned that a person was shot dead.

"This is very unexpected and tragic too," he said. "For me, it's still tragic for both sides. Life is precious, anyone's life."

He said he is aware that there was apparently another incident at the home about a week ago. He said he knows that another neighbour has video of that incident, in which two young men wearing hooded sweatshirts and mask, were seen prowling around the back yard.

Police were still on the scene on Tuesday.

The front door of the home is badly damaged. A bullet hole can be seen in one of the rear windows.