Milton man who allegedly shot intruder should not face murder charge: Lawyer
Author of the article:Liz Braun
Published Feb 21, 2023 • Last updated 1 day ago • 2 minute read
A Milton man who's accused of shooting a home intruder has been charged with murder and his lawyer is crying foul.
According to Halton Regional Police, a home invasion Sunday on Gibson Cres. in Milton ended when a resident of the home allegedly shot and killed one of the potential robbers.
Ali Mian, 22, of Milton was charged with second-degree murder, and now his lawyer, Jag Virk, claims his client should not have been charged.
In a statement, Virk said Tuesday, “My 22-year-old client who lives at that home with his single mother shot at an intruder that broke into his home and attacked his mother.
“He is a registered firearm owner and used his gun legally against an armed intruder. He shouldn’t be charged with murder for protecting his mother from someone that broke into his home.
“His intention was not to kill the intruder, he only shot at him once. We are all saddened that the intruder passed away as a result of being shot.”
Under Canadian law, “Everyone who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.”
Neither police nor Mian’s lawyer would comment on why the charges were second-degree murder versus manslaughter.
(There is no mention in the Halton Police press release about Mian’s mother being attacked. Asked for comment, police have said they cannot currently offer any further details about the case beyond the information in that release.)
According to police reports, the house on Gibson Cres. was approached by a group of suspects at around 5 a.m. on Feb. 19. Police said they believed the intent was to commit a robbery at the home.
Upon entering, the intruders were confronted by one of the occupants of the house, and a number of gunshots were fired inside the house.
One of the intruders was shot dead. That person has not yet been identified.
Police arrested Romario Clarke, 20, of Oshawa, on a count of break-and-enter and one count of unauthorized possession of a firearm.
Investigators are looking for three suspects who fled the scene in a white car, believed to be a light-coloured Dodge Charger with a sunroof and black wheels.
Halton police asked anyone with information to call 905-825-4776.
haltonpolice.ca
torontosun.com
Author of the article:Liz Braun
Published Feb 21, 2023 • Last updated 1 day ago • 2 minute read
A Milton man who's accused of shooting a home intruder has been charged with murder and his lawyer is crying foul.
According to Halton Regional Police, a home invasion Sunday on Gibson Cres. in Milton ended when a resident of the home allegedly shot and killed one of the potential robbers.
Ali Mian, 22, of Milton was charged with second-degree murder, and now his lawyer, Jag Virk, claims his client should not have been charged.
In a statement, Virk said Tuesday, “My 22-year-old client who lives at that home with his single mother shot at an intruder that broke into his home and attacked his mother.
“He is a registered firearm owner and used his gun legally against an armed intruder. He shouldn’t be charged with murder for protecting his mother from someone that broke into his home.
“His intention was not to kill the intruder, he only shot at him once. We are all saddened that the intruder passed away as a result of being shot.”
Under Canadian law, “Everyone who is unlawfully assaulted without having provoked the assault is justified in repelling force by force if the force he uses is not intended to cause death or grievous bodily harm and is no more than is necessary to enable him to defend himself.”
Neither police nor Mian’s lawyer would comment on why the charges were second-degree murder versus manslaughter.
(There is no mention in the Halton Police press release about Mian’s mother being attacked. Asked for comment, police have said they cannot currently offer any further details about the case beyond the information in that release.)
According to police reports, the house on Gibson Cres. was approached by a group of suspects at around 5 a.m. on Feb. 19. Police said they believed the intent was to commit a robbery at the home.
Upon entering, the intruders were confronted by one of the occupants of the house, and a number of gunshots were fired inside the house.
One of the intruders was shot dead. That person has not yet been identified.
Police arrested Romario Clarke, 20, of Oshawa, on a count of break-and-enter and one count of unauthorized possession of a firearm.
Investigators are looking for three suspects who fled the scene in a white car, believed to be a light-coloured Dodge Charger with a sunroof and black wheels.
Halton police asked anyone with information to call 905-825-4776.
Shooting Investigation in Milton
haltonpolice.ca
Milton man who allegedly shot intruder should not face murder charge: Lawyer
Ali Mian, 22, shot a home intruder and was charged with murder. Halton police also arrested another intruder and seek three others.
