OKLAHOMA CITY (KFOR) – The man police say shot and killed someone while they were breaking into his business is now facing second-degree murder charges. 

In May, police say 33-year-old Larue Bratcher shot and killed 42-year-old Daniel Hardwick while he was attempting to break into Bratcher’s marijuana grow.

Bratcher told police he saw Hardwick enter his property, on his security cameras, through a hole in the fence. 

According to court documents, Bratcher grabbed his gun, then when he heard Hardwick at the back door he “asked the subject what he was doing,” before shooting through the door three times “to scare the subject off.” 

When he opened the door he found Hardwick dead on the other side and called 911.

Bratcher admitted to police that the door was “locked and secured” when he started shooting. 

Second Amendment attorney Robert Robles told News 4 that because Bratcher didn’t know exactly what was on the other side of the door, that indifference could be grounds for the 2nd degree murder charge.  

“There’s no specific intent to kill a certain person, but you don’t care about the consequences,” Robes said.  “It would be similar to shooting at a passing train.”

Bratcher was arrested the night of the shooting, but just for growing marijuana without a license. 

Robles says if you’re committing a felony when the shooting happens, Oklahoma’s self defense laws like the “castle doctrine” or the “stand your ground law” do not apply.  

“You will not get the protection of the castle doctrine which gives you the presumption, under a series of facts, that you are in fear for your life,” Robles said. “Or in fear of being seriously injured by the opposing party.”

OMMA records show Bratcher did previously have a license to grow marijuana, but it expired in November of 2019.