A Mobile homeowner shot and killed a man who police say broke into the home through a window Monday night, and the case is now headed to a Mobile County grand jury for review.
Mobile police responded to the 8300 block of Calgary Drive shortly after 9 p.m. Sept. 7 after receiving a report of shots fired. Officers arrived to find a man dead inside the home from a gunshot wound.
Investigators identified the man as 37-year-old David Lee Jr. Police said Lee broke a window and unlawfully entered the residence before the homeowner shot him.
The shooting is being investigated as a homicide, but that does not mean the homeowner has been charged with a crime. Police have said the case will be reviewed by the Mobile County District Attorney’s Office.
The latest information indicates that a Mobile County grand jury will determine whether charges should be pursued against the homeowner.
The circumstances surrounding the shooting are still being investigated. Authorities have not publicly released the homeowner’s identity or provided additional details about what happened inside the residence immediately before the shooting.
Alabama law allows a person who is lawfully present in a residence to use deadly force in certain circumstances involving an unlawful and forcible entry. The law also generally does not require a person in such a situation to retreat before using force, although whether the use of force was legally justified depends on the specific facts of the case.
The investigation remains ongoing as prosecutors review the evidence and determine what action, if any, will follow.
Anyone with information that could assist investigators is asked to contact the Mobile Police Department.
