New Orleans homeowner arrested after allegedly shooting auto theft suspects

Police say a St. Roch resident was detained after allegedly shooting two teenagers Tuesday morning who were allegedly robbing cars parked nearby.

When He shot at them, fell under the law?

The key question, according to Loyola law professor Dane Ciolino, is whether the defendant in this case had a reasonable opinion that the use of deadly force in self-defense was necessary.

Two teenagers tried to break into a car in the 2400 block of Tonti Street shortly before the shooting, according to police department and arrest records.

At the time, they were driving a stolen Kia Optima. Denzal Peters, the owner of the car, allegedly came out of a nearby house when the youths were trying to get inside and started shooting at them with a gun.

One of the nearby CCTV cameras captured the shooting and its immediate aftermath.

The two teenagers tried to run away from the gunshots, but the 14-year-old was hit several times. Before colliding with a parked car, the Kia Optima left the road, crossed the median highway, crossed the mesh fence and entered the roadway.

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The so-called castle doctrine, which says you can secure your car or home if you’re inside when someone breaks it, doesn’t apply, Ciolino said.

Instead, the key question is whether Peters was attacked or had reason to fear for his life when he opened fire.

“And basically, it’s based on these facts, did he think the perpetrators here were armed and dangerous – and obviously they had firearms in the car, but did they brandish guns or did he otherwise see that they were in possession of guns. must be seen,” Cholino said.

Glass breaker, gloves, ski masks, burglary tools, someone else’s identity papers, two stolen weapons, ammunition, knives and Hyundai and Kia theft gear were later recovered by police while searching the stolen car.

According to reports, the car was taken from the 1100 block of Rue Marigny; his rear window was shattered and the steering column bent.

According to the documents, the officers seized 7.62 mm shells from the porch of the house and contacted the owner. According to police, Peters, 26, initially resisted talking to officers before turning himself in to the agency’s special operations unit. Peters apparently remained silent when questioned by detectives.

Officers searched Peters’ home and found 274 grams of suspected marijuana, two empty ammo boxes, two 45-caliber extended magazines, two 9mm magazines, and two 9mm Glock pistols.

Despite claims in the arrest documents that the rifle was not found during a search of the house, video immediately after the shooting shows the shooter repeatedly leaving the house and crossing the street. According to the report, police speculated that Peters had hidden the gun in the video.

Peters was taken into custody and charged with aggravated possession of a firearm, unlawful use of a firearm, obstruction of justice, and carrying a firearm while in possession of an illegal dangerous drug.

“People are outraged. Of course, people want it to end,” Cholino said. However, you cannot stop property crime with lethal force.

After being discharged from the hospital, the 14-year-old who was injured in the shooting will be arrested. According to the police department, he is charged with possession of a stolen vehicle, simple burglary and possession of a weapon by a minor.

The second young man was detained at the Juvenile Intervention Center on charges of stealing a car, breaking into a car without damaging it, and possessing a gun while he was still a minor.

Tuesday’s shooting is the most recent to involve children. Tyler Ellis, 15, died in an unintentional shooting on St. Roch Avenue last month. Octavius ​​Wells, 14, was gunned down on rue de Lesseps in the nearby Saint-Claude district last Thursday evening, authorities said.

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