Self Defense Shooting Considered Murder?

by Michelle
(United States)

I just read the story about a man killing a burglary suspect by shooting him in the head. The shooter claims it was a self defense shooting because the alleged burglar broke the driver's side window and tried to get to the other man. The man pulled out his gun and shot the alleged burglar in the head.

The investigators say they have enough evidence to charge the shooter with murder. Now, why would they charge him with murder instead of saying the shooting was justified?

I think the main reason that this shooting will be treated as a murder is because the shooter had opportunity to escape from harm. The shooter was in his car, so he could have driven off.

Even before the incident took place, he already called the police to let them know that a burglary was taking place. Instead of keeping his distance, he decided to drive closer to get a look at the license plate number.

The shooting would have never happened if the man in the car just stayed away from the burglars and waited for the police to show up.

I think the shooter will have a tough time proving that he believed his life was in danger when he pulled out his gun and pulled the trigger. He also has to prove that he did everything possible to escape from harm. I don't think he can prove that either.