The Jamestown Police Department has released the name of the man who was killed after a homeowner caught him and another in the act of a burglary. Police say 26 year-old Henry L. Smith of Warren died after being stabbed by a homeowner late Wednesday morning at 112 Barker St.
Officers were called to the residence after an unidentified resident came home to find Smith and another man had broken into his property and were still inside. The resident then fought with and eventually stabbed each of the two – resulting in one of the suspects dying a short distance from the home. A second burglar was able to flee the residence and make it to the hospital. A member of the Jamestown Police Department said there is no reason to believe that this was random.
According to an article in Friday’s Post-Journal, Chautauqua County District Attorney David Foley said the homeowner had a right to defend his home, and his justification of force is covered by section 35 of the penal law code. The D.A. said that if someone is in the course of committing a burglary, the property owner is allowed to use deadly physical force to stop the commission of that act, so long as it’s in the property owner’s home.
The investigation into the incident is continuing.
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