Since August 26th there have been three cases where homeowners in Omaha either shot an intruder or held them at gunpoint until law enforcement arrived. This leads to the question of homeowner rights and when can deadly force be used. Douglas County Attorney Don Kleine says Nebraska law states deadly force can be used if a person fears for their life and did not provoke the situation.
Kleine says if someone breaks into your home you can assume their intent is not good and a homeowner does not have to wait for threats or see if the intruder has a weapon before taking action. He says if there is reasonable fear of harm, sexual assault, kidnapping or death action can be taken even if it is later determined the homeowner made a mistake. Kleine adds that every case is different and they consider all the evidence when determining a shooting death.
On August 26th police say an intruder broke a window and was crawling inside the home when the resident shot him. That intruder survived. Last Tuesday a woman held an intruder at gunpoint until police arrived. Monday morning an Omaha man shot an intruder that had kicked down his front door. That person died.