re: Man charged with murder after he shot and killed an armed home intruder

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Maybe- but the investigators are quoted as stating that the intruder was both armed AND forced his way into the home. How do you lure someone to force entry into your home?

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OK, I'll take a stab at it. Plot twist. The victim is actually the homeowner. He comes home early and realizes Jody is in his house. Jody and the woman try to keep the angry homeowner out, but he manages to force his way in, and Jody kills him. I'm quite sure I'm wrong.

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I just wonder if this is going to turn out to be like that father/son combo who killed the guy (shirtless) in an alley over a mattress

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Im guessing it’s pretty simple. Somehow there’s evidence that homeowner had him neutralized, and then decided to kill him. Maybe he neutralized him and someone called the cops, told them he wasn’t a threat or something, but still alive, and then cops get there and he’s got a bullet in the back of his head.

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Found a different article that mentioned he was shot multiple times.

So I'd guess either he was shot in the back attempting to flee.....or that forensics showed that at least one of the shots was fired from much closer range than the others, like an execution shot after he was already hit and down.

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Now this guy is going to have to hire a Lawyer. And go broke. All to prove his innocence.

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If the guy wants to tie you up and keep you as a sex slave in his basement oh well, you broke in.

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Question for you, Josh, does armed mean he was brandishing his weapon, or could it mean he had it holstered?

If Lozano forced his way into the house and had a confrontation with Florez over the 40-year-old woman, that never escalated to Lozano pulling his weapon, and Florez grabbed or pulled a gun and shot Lozano, would that not be murder regardless of the forcible entry? Or if he shot him in the back as he was walking toward the door, gun holstered?

There is just not enough info in the articles I find to figure out why he would have been charged.ged.

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In real life: “If I hesitate, we might die.”

In court: “Could you prove a jury would see it that way?”

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You still have to prove the guy with multiple gun shots was a threat to your life. It sucks, because I think you should be able to shoot any intruder even if you don't fear for your life.

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§20. Justifiable homicide

A. A homicide is justifiable:

(1) When committed in self-defense by one who reasonably believes that he is in imminent danger of losing his life or receiving great bodily harm and that the killing is necessary to save himself from that danger.

(2) When committed for the purpose of preventing a violent or forcible felony involving danger to life or of great bodily harm by one who reasonably believes that such an offense is about to be committed and that such action is necessary for its prevention. The circumstances must be sufficient to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.

(3) When committed against a person whom one reasonably believes to be likely to use any unlawful force against a person present in a dwelling or a place of business, or when committed against a person whom one reasonably believes is attempting to use any unlawful force against a person present in a motor vehicle as defined in R.S. 32:1(40), while committing or attempting to commit a burglary or robbery of such dwelling, business, or motor vehicle.

(4)(a) When committed by a person lawfully inside a dwelling, a place of business, or a motor vehicle as defined in R.S. 32:1(40) when the conflict began, against a person who is attempting to make an unlawful entry into the dwelling, place of business, or motor vehicle, or who has made an unlawful entry into the dwelling, place of business, or motor vehicle, and the person committing the homicide reasonably believes that the use of deadly force is necessary to prevent the entry or to compel the intruder to leave the dwelling, place of business, or motor vehicle.

(b) The provisions of this Paragraph shall not apply when the person committing the homicide is engaged, at the time of the homicide, in the acquisition of, the distribution of, or possession of, with intent to distribute a controlled dangerous substance in violation of the provisions of the Uniform Controlled Dangerous Substances Law.

B. For the purposes of this Section, there shall be a presumption that a person lawfully inside a dwelling, place of business, or motor vehicle held a reasonable belief that the use of deadly force was necessary to prevent unlawful entry thereto, or to compel an unlawful intruder to leave the dwelling, place of business, or motor vehicle when the conflict began, if both of the following occur:

(1) The person against whom deadly force was used was in the process of unlawfully and forcibly entering or had unlawfully and forcibly entered the dwelling, place of business, or motor vehicle.

(2) The person who used deadly force knew or had reason to believe that an unlawful and forcible entry was occurring or had occurred.

C. A person who is not engaged in unlawful activity and who is in a place where he or she has a right to be shall have no duty to retreat before using deadly force as provided for in this Section, and may stand his or her ground and meet force with force.

D. No finder of fact shall be permitted to consider the possibility of retreat as a factor in determining whether or not the person who used deadly force had a reasonable belief that deadly force was reasonable and apparently necessary to prevent a violent or forcible felony involving life or great bodily harm or to prevent the unlawful entry.

Added by Acts 1976, No. 655, §1. Amended by Acts 1977, No. 392, §1; Acts 1983, No. 234, §1; Acts 1993, No. 516, §1; Acts 1997, No. 1378, §1; Acts 2003, No. 660, §1; Acts 2006, No. 141, §1; Acts 2014, No. 163, §1.

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