NORMAN, Okla. (KFOR) – Officials say charges have been declined after a man was killed after allegedly attempting to burglarize an ice cream shop in Norman.
Last month, officers with the Norman Police Department were called to the Ice Creamatory, located at 1200 12th Ave. SE, regarding a shooting.
Investigators say they received a 911 call from a man saying he shot someone who was trying to burglarize his business.
When officers arrived at the scene, they found 35-year-old Bryce Homan dead.
A nearby business employee told KFOR that Homan allegedly broke into the store and went behind the counter, which is where he was confronted by the store’s owner.
She said the owner told her that he thought Homan had a weapon, which caused him to shoot him.
Now, the Cleveland County District Attorney has announced that charges will not be filed in the case.
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Cleveland County District Attorney Greg Mashburn says that his office reviewed the case but says no action was necessary.
“Under this statute, an intruder who unlawfully and by force enters a place of business is presumed to be doing so with the intent to commit an unlawful act involving force or violence. The person using deadly force against an intruder is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself,” a statement from Mashburn read.
Mashburn said the suspect also had a stun gun and knives on his person at the time of the shooting, and the business owner thought he was reaching for a weapon when he shot him.
As a result, he said the business owner was “immune from prosecution under the law.”