ALBUQUERQUE MAN WHO SHOT & KILLED HOME INVADER MAY HAVE MADE A FATAL MISTAKE

Elton John Richard will likely return home tonight after being arrested and charged with killing a burglary suspect, his lawyer said.

Richard, 27, ran after the suspect and shot him on Thursday after he heard the man breaking into his Ford Bronco and garage, said Billy Blackburn, Richard's attorney.

"The burglar went after him first," Blackburn said. "Clearly, based on the information I've received, this is a case of self-defense. The burglar broke into his car and his house - where his 15-month-old son and wife were sleeping - and then tried to get away."

If the statement above is true and he went after the intruder AFTER he tried to get away, Richard may be in a world of hurt. Once the threat has stopped, as a civilian, you do not have the authority to apprehend and shoot the perp in most cases. This seems to be a great misconception to many concerning self-defense.

The man shot dead in the incident still hasn't been identified by police, said Detective Jeff Arbogast, an Albuquerque Police Department spokesman.

Richard served eight years in the Marines and was in Iraq for several months during the U.S. invasion. He returned to Albuquerque in the fall of 2003 and works for the Department of Energy as a courier, securing nuclear materials, Blackburn said.

Richard has about a dozen medals for his military service, half of which were awarded for his time in Iraq, Blackburn said.

"Whether it was his military training or just a natural reaction to somebody breaking into your home, he reacted," Blackburn said.

Richard will be released on $50,000 bond and will be supervised during his release, Blackburn said.

Arrangements for his release are being finalized this afternoon, Blackburn said.

"He'll be able to go back to work, but he can't leave the city," Blackburn said. "Usually his job takes him all over the country, but he'll have to stay here for now."

Police were dispatched to Richard's house at 8205 Wolverine Drive N.W. late Thursday night on reports of a burglary. An officer driving to the scene observed Richard in the median of Paseo del Norte just east of Eagle Ranch Road.

"I need help. I need help. They were trying to break into my house," Richard told the officer, according to the complaint.

Richard pointed to where he had last seen the burglar, and the officer found a man dead, according to the complaint.

Richard told the officer he had a gun, the complaint states.


The Albuquerque Tribune