CHARLOTTE, N.C. -- A bizarre chain of events has landed both a homeowner and an intruder in legal trouble.
Police say a woman used a BB gun on a man who was trespassing on her property, seriously injuring him. Now, both are under criminal investigation.
NBC Charlotte is looking into what your rights are in that situation.
At the front entrance to the home, don’t be deceived by the ‘welcome’ sign, because not everyone is welcome.
The police report shows the 38 year-old female homeowner, armed with a BB gun, targeted the intruder as he was retreating.
NBC Charlotte showed the police report to criminal defense attorney, Missy Owen.
“If you are in fear, reasonably in fear for your life, you can use deadly force,” says Owen.
However, she says that’s not the case when someone is retreating.
“It is likely because of the retreat in these circumstances that opportunities to use, whether it be deadly or a force of any sort is not permitted,” says Owen.
Both the homeowner and alleged trespasser are under criminal investigation, accusing each other of crimes.
NBC Charlotte found the man had been arrested in the past on trespassing charges and was banned from the property.
One neighbor said she would have done things differently.
“Just probably call the police and let them handle it, that’s the best thing to do,” she said.
Police say both people were also intoxicated at the time. No charges filed yet in the case.
Investigators would not comment about the nature of the relationship between the two people. It’s an ongoing investigation.