BALTIMORE — A property owner in Canton will not face charges after they shot and killed an attempted burglar on October 16, according to the Baltimore City State's Attorney's Office.
Officials say the decision came following an extensive review of the incident, which found that the property owner acted in self-defense.
Police told WMAR-2 News that Richard Rolfe, 39, had been confronted by the owner after breaking into a jewelry store called the Stephen Page of Baltimore. According to police, Rolfe was in possession of burglary tools.
RELATED: Property owner shoots, kills attempted burglar in Canton
The State's Attorney's Office says the defense of habitation—which allows a person to use force, including deadly force, to defend their home and its occupants against an intruder—provides complete protection in this case due to five key factors:
(1) Richard Rolfe entered or attempted to enter the defendant's home;
(2) the defendant actually believed that Richard Rolfe intended to commit a crime that would involve an imminent threat of death or serious bodily harm;
(3) the defendant reasonably believed that Richard Rolfe intended to commit such a crime;
(4) the defendant believed that the force he used against Richard Rolfe was necessary to prevent imminent death or serious bodily harm; and
(5) the defendant reasonably believed that such force was necessary.
Officials noted that although Rolfe did not have a gun in his possession, the property owner was still acting "appropriately" under the defense of habitation doctrine.
"Based on the facts of this case, we believe that this shooting meets the requirements of self-defense in the State of Maryland," said State's Attorney Ivan Bates. "It is imperative that our office reviews shooting incidents in an unbiased and impartial manner as part of our duty to deliver justice. Regardless of what narrative is being communicated in the neighborhood and by media coverage, any family who loses a loved one to violence has the right to be thoroughly briefed by the prosecutor's office before an announcement that charges will not be brought forward."
