Attorney weighs in on Nevada 'Stand-your-ground-laws' after deadly home robbery

LAS VEGAS (KSNV) — As Las Vegas Metro Police continue investigating a suspected home invasion case that left a suspect dead early Thursday morning, News 3 talked to local attorney Joseph Gersten of The Gersten Law Firm, who specializes in Criminal defense and Nevada Gun law about the rights homeowners have when it comes to protecting oneself while at home.

Gersten says cases where a victim opens fire against a suspected intruder vary, but in the incident that left an adult male dead, early Thursday morning, Gersten says it could be seen as self-defense.

“You are presumed essentially innocent if you’re in your own home and somebody comes in to commit a crime,” Gersten said.

According to Las Vegas Metropolitan Police Department investigators around 7:30 Thursday morning, the residents at a home along Placer Drive near Torrey Pines and Harmon Avenue called 9-1-1 on a suspect who had just broken the glass to their front door and was attempting to break into their home.

“The male was acting extremely irrationally and was not listening to what they were telling him. As they continued to tell him to leave the property at which time he moved towards the doorway where they were at, at where the homeowner felt the need to shoot the male,” said LVMPD Homicide Lieutenant Jason Johansson.

“As officers were dispatched towards this location, our dispatcher heard a shot being fired over the 9-1-1 call and the people who called 9-1-1 relayed that they had just shot the male who tried to break into their house,” Lt. Johansson added.

Once officers arrived at the scene they located the suspect, who is believed to be around 30-40 years old, suffering from a gunshot wound.

“Medical arrived shortly after and transported him to University Medical Center where unfortunately he was pronounced deceased,” said Lt. Johansson.

Gersten, says when it comes to ‘stand your ground laws’ in the state, Nevada has three main components ensuring homeowners are protected.

“You’re allowed to stand your ground as long as you’re not the original aggressor. Meaning you didn’t bring the fight to wherever it is, you have a right to be present where the deadly force is used. So you’re not a trespasser or an unwelcome guest, something like that; and lastly you’re not engaged in legal conduct yourself,” Gersten added.

Essentially, Gersten says Nevada law gives victims the presumption of a justifiable homicide if the danger is imminent at the time the incident occurs.

“To avoid any issue all you need to do is close your door right? Close your door and call the police. So, again if the danger comes to you, you’re doing good. If the danger is something that you go to; not so good. That is where the laws will sort of turn on you.” Said Gersten.

LVMPD says no arrests were made in the case. However, police say once the investigation is complete, then it will be up to the Clark County’s District Attorney to determine whether charges will be filed.