Officials say shooting could be a case of self defense

Home invasion shooting

WICHITA, Kansas – Wichita police are investigating a shooting death in northeast Wichita.

It happened just before 4 a.m. Monday in the 2300 block of North Poplar.

Police say a suspect broke into the house, and the owner heard him in his bedroom.

When he confronted the man, a fight started, and the owner pulled out a gun and fired multiple times, killing the intruder.

“He heard noises inside of his house, and upon opening his door, he was confronted with the suspect. The suspect attacked him and a fight ensued and that’s when the shots were fired,” said Lt. Todd Ojile, Wichita Police Department.

The suspect was rushed to Wesley Hospital but, he died soon after.

Police say the shooting could be a case of self-defense, and local criminal lawyers agree noting that in Kansas, there is no duty to retreat law on the books.

“You do not know what he is planning on doing, why is he in there, being attacked in your own home, the use of force you can use is greater,” said Warner Eisenbise, attorney. “Any possibility that that person is there to harm someone. or to steal something, or to damage, he has the right to take in hand whatever he needs to keep that from happening.”

While there is no indication that the suspect was armed, officials say that may not be a factor since it depends on if they felt threatened.

“That person could have a weapon, or could have a knife, or something to kill me, or do damage, do it’s kind of a give and take, but the jury’s are given the law in such a way that they can figure it out and usually come to a good conclusion.”

Police did say they pulled the homeowner in for questioning, but they haven’t released any more information about the incident.

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