Home Occupant Released From Custody

June 22, 2011

Bernews understands the home occupant who house was broken into in the Middletown area was released from Police custody yesterday afternoon [June 21].

The Police have declined to comment on the matter of the arrest, however we unofficially understand the home occupant was arrested Monday morning, and held in custody until Tuesday afternoon.

The Police did however confirm that at around 3:45am on Monday they attended a reported burglary at a Middle Town Lane, Pembroke residence, where “an unknown intruder gained entry into the home and was confronted by a male occupant.”

Police also confirmed that the alleged intruder, a 33 year old man, sustained serious injuries and was taken to the hospital, where as of yesterday he was listed in critical but stable condition in the ICU.

Those close to the situation indicate that the alleged intruder had a stun gun on him. He was also said to have a number of other items on him which could be taken as an indication that burglary may not have been the prime motive for breaking into the home.

A member of the home occupant’s family said despite him having the stun gun used on him, he managed to find the strength to get up as was extremely concerned about ensuring the safety of his family members in the house – which included at least one female and two young children.

Should homeowners be arrested if an intruder gets injured after breaking into their home?

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Comments (51)

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  1. After living overseas for so many years and watching crime and news 1 st hand. This incident was something that homeowners get praised for. So what was he to do. Come on Bermuda laws, why keep this guy in custody for so long, unless he must’ve had warrants out on him is the only reason I can think of….. GOOD JOB BRO!!!!! Protect your family w kids…

    • SL says:

      Absolutely agree with you! I’m sure others would have done the same thing. I know I would have. Was there any arrests with the guys that beat Skaley Williams on Loyal Hill earlier this year?? I don’t think so. I feel the homeowner was right in doing what he did and should not have been arrested.

    • Poll is flawed says:

      I’d like to be able to vote in the poll, but it is flawed – I don’t support any of those options.
      The current law is that you are allowed to use reasonable force to defend yourself and your family. I don’t agree that “defending is fine but not if you kill an intruder”. It’s not unknown that an intruder will be killed accidentally by somebody using reasonable force – e.g. if they get bashed on the head and happen to have a weakness there. Also if an intruder is particularly dangerous and determined, it might be that killing them is reasonable in order to protect your family.

      In other cases, a landowner might not kill somebody but might savagely beat them when all they needed to do was restrain them. Most would agree that’s wrong.

      The key thing is whether the force used was reasonable, not whether somebody ends up dead.

      In this case, it should be reasonable to make sure that an armed intruder is knocked out while you wait for the police to arrive.

      • White Christ says:

        I agree with you, the poll is heavily flawed. I think that bringing someone in for questioning would be more necessary if a death occurred but only for due process sake. The simple fact is that every happening is alleged until all the evidence is clear. I don’t believe that the homeowner/occupier should be ignored. If I unfortunately had to kill an intruder, and I would, I’d expect to be questioned or to come to the station for a statement. It’s just an added inconvenience that the intruder has brought on me. Since it is my home I don’t expect to have an arrest on my record etc. or to be treated like a criminal. If there is no death, I’d expect to be questioned on the scene.
        The police do need to explain the arrest and the fact that this person was kept in a cell. I’d like to know about that.

  2. Graeme Outerbridge says:

    The Police need to explain this arrest^^

  3. da plumber says:

    The details of the case must be heard,and explained. Yes, he had the right to defend his home. But that said, should he have been simply left alone? The police have a job to do, and due diligence is required. My home has been broken into (while I was out)what would I have done had I been home and caught the perp? I would expect that I would have explain to the police what transpired and why an injured man is in my house. The details of this case must be heard through the courts, and both sides must be investigated.

    • Poppa Bermy says:

      @da plumber…. Are you serious? explanation “he is injured because he is in my house!!!. From other sources he was said to have offensive objects that could have harmed the female occupant. What explanation would he have for being in there. in a nutshell… B&E = unjustified… Beating = Justified…

      • White Christ says:

        You are right! All that must happen is that we are sure that is exactly what happened. What if someone kidnapped you, took you to their home and beat the living $#!T out of you and then planted offensive objects on you? Wouldn’t you hope you get a trial? Wouldn’t you hope the justice system was smart enough to investigate and make sure? What if you were murdered and couldn’t speak for yourself? Just saying, we are a civilized nation. Yes the homeowner had every right to do what was done and more. Just enjoy the ride. The guy was probably an habitual B&E’er anyway and will be found guilty. If I was the homeowner, I’d probably wish I’d killed him for putting me through the trouble.
        B&E’ers should get their hands chopped off. That’s what I’d do. Then if he can break in and steal from my house with his stumps then I’ll applaud him on his way out the door. Take whatever you want stumpy bie ya a soldier!

  4. NoWayJose says:

    I can understand why the police would want to talk to the home-occupant to get more information about the crime… but ARREST him?

    I admit I don’t know the whole story, but this “alleged” intruder had WEAPONS! The news headline could have been much more shocking and gruesome had he not bravely confronted the perpetrator and stopped this “alleged” criminal from doing whatever a man in your house with an illegal stun-gun and knife (and condoms?) in the middle of the night is planning to do (fix a drip in the bathroom?).

    We should have a right to use whatever legal force we can use to protect our family and property in Bermuda. We shouldn’t have to guess whether our use of force will be deemed “excessive” when we do what comes instinctively. You cannot realistically rely on the police to show up immediately after you find an intruder in your home. Not even if your neighbor is a cop.

    I hope the courts deal with this matter properly and quickly. We need a clear message out there that a man’s home is his castle. Don’t trespass without suffering the consequences.

  5. andre says:

    Yes we do not know the details…………..but this sounds like an absolute JOKE!

  6. Scott says:

    if he goes to ICU, i’d say the arrest itself is ok…who’s to say it was really a burglary gone wrong…

    i dont think they should really be in as long as this guy was, though.

    a quick arrest for inquiry’s and thats it. He has the right to defend his home and should not be prosecuted for doing so, although the ICU is perhaps a bit much of a beating..

  7. Prophet says:

    My only concern is for why he was held for so long. Should he have been arrested? Most certainly, because due process must take place and initial findings must be made. We don’t know all of the mitigating circumstances and so ours is only conjecture. Still, unless the BPS have a justifiable reason for keeping him as long as they did, I find that time frame to be longer than meets my comfort levels.

  8. Intruders beware says:

    Let me tell youy straight, I have a family, I work a honest days living, and if a intruder breaks in my house, he will meet my carved wooden stick i keep behind my bed. Ive lived overseas, and I believe that protected my family when some fool enters my house by any means necessary.

    • the truth says:

      Yup….straight up. I work honestly and legitimately for what I have, and some a$$hole is going to break into my home and threaten my family’s life? Enter at your own risk. And I got plenty of ‘instruments’ right next to my bed that I can get at in an instant!!!

      Police? You can come clean up the mess.

  9. Ganja mon says:

    The BPS is retarded and lazy. I bet the police who attended the scene knocked off a few hours after the arrest. The Occupant then probably had to wait till those same officers came back on shift to further question him.

    Thats why the courts are backed up! The police take there time (snail pace) to gather info, that info then has to go to the DPP who also has a snail pace to either agree or disagree with the charges and or the statements gathered by police. All this extra time takes 2 or 3 months before the person is in court. Anyone who has been court for something more serious then a speeding ticket knows the process takes about a year and a half before you appear for your actual case.

    Good Job BPS !! Thats why no one likes you!

    • itwasn'tme says:

      wow things haven’t changed much since I left 30 years ago. reminds me of the warrant runs on Friday afternoon. Poor bastids won’t see a magistrate until pleas court 2:30pm on Monday…..

      • sandgrownan says:

        Serves them right for having warrants.

        • FYI-Just A Thought says:

          @sandgrownan don’t you think that is a bit harsh! You’re being rather presumptuous not having all of the facts/details. And if you look at the updates the police have neglected to offer a comment nor has it been reported that the individual in fact has any outstanding warrants. And I am sure Bernews asked those questions before reporting. Wouldn’t that be logical?

          Explanation or not, the victim being held for that length of time is unjustified!! Let’s filp the coin and let’s assume the police kept him in custody to prevent him from finishing the job! Might have been a POSITIVE safety precaution rather than the NEGATIVE connotation you’ve implied!! SMH

        • SL says:

          @ sandgrownan That’s very harsh considering he didn’t have any warrants! Wow!

    • Regimental says:

      This obviously wasn’t a tradtiditional burglary. The intruder seemed to have gone with intent to harm one of the occupants inside. What the reason is who knows. Drug deal gone bad, revenge, rape? Hard to tell with only half the story. Don’t pass judgement on things u only have part of the information on. He was arrested and questioned, the injured party is in icu unable to talk. Police where getting the facts and comparing it to the evidence. The man hasn’t been charged with anything. Just like the idiot burglar on loyal hill that got a bust tail that homeowner never appeared before the court. The law is more forgiving than one may think.

  10. Think about it says:

    The simple fact is, in the states they would not arrest the victim. They would question him/her and if they discover something later on they would go back and take them into custody. Not lock them up as soon as they arrive to the seen.

    If that was me, I would be furious and I would most certainly put the Police on blast in the media for their stupidity.

  11. Think about it says:

    Sorry, meant to say “scene” Lol

  12. The mon says:

    This still sound fishy to me from the first time I heard the story reason being if you are from that area you would have to be high out of your mind to go down there at that time of night because this is a high gang area they always have people looking out and if the names that I heard are involve are correct they need to dig deeper into this and check the finger prints on the weapons found in that bag to see if it really belong to the intruder. Not saying it not so but I have to wait till I hear both side on this one.

    • White Christ says:

      Not saying I believe it was not a break-in, but I must applaud you for having a brain and appreciating that we cant just assume that things always are what people say they are. Justice would prevail in a society of ‘mon’s. It seems people today expect that the homeowner should not be questioned at all. We are in the lynch mob era again.

      • FYI-Just A Thought says:

        @White Christ or MON– it seems that what “Mon” has posted is purely speculative. Although I would be inclined to agree that the area of choice to commit a crime is not uncommon or unknown for illegal activity. However, this does not negate from the fact that a crime has occurred irrespective of the area… No we don’t know all of the details and perhaps it could be a bit deeper than this but let’s consider what has been reported (and not comments)?

        BERNEWS reports of a breaking and entering where a “perp” enters into a home with a selection of weapons, condoms and ducktape. Then a further update reveals, that the “perp” tasered his victim. Yesterday’s article provided an update that stated the “perp’s” injuries were also self-inflicted after he attempted to escape, tripped and knocked himself unconcious. Then further reports stated that the “perp” was the next door neighbor(check out the RG as well). If he planned on entering the with all of that weaponry and condoms what do you think his intentions were? Certainly, not ROLE PLAY!

  13. itwasn'tme says:

    Sombody been watching too much CSI, Law n Order SUV, or some other graphic crime TV program. And ya’ll thought it was just the rap music!

  14. Organic Bermudian says:

    While done Occupant! Too much of thess PREVERTS creeping around this island preying on women!!

  15. Billy M says:

    If an intruder breaks into my house, he should be prepared to leave in a bag. All such scumbags should know they are literally taking their lives into their hands when they break into a home. I have no interest in determining their intentions when they are in my house; I will and must assume they are threatening my life and or that of my family, and anyone doing so will, if all goes well, end up dead. End of story.
    This should be the same in every house in Bermuda and elsewhere. You break into my house, you play by my rules. The police are flat wrong to arrest someone protecting himself and his family.
    This is an easy call.

  16. IMO says:

    Ever thought the victim could have had outstanding warrants?

    • Family Member says:

      The victim did not have any warrants. So that wasnt the case.

    • FYI-Just A Thought says:

      @IMO even if that were the case, that is a separate matter and should be dealt with accordingly, not coupled in the same incident? Due process/due dillegence should have been taken into consideration.

      After reading the article, one would assume that the victim needed to receive some sort of medical attention considering he too was injured in this whole ordeal. There are many theories that could be exhausted.

      I’d like to think that perhaps the police kept him in custody because he was so enraged that if he were released he might actually finish the job instead of assuming he had outstanding warrants! Why even bother calling the police if that is the case…

      • IMO says:

        It was just a thought being that I can’t see any other reason why he would be arrested for defending his home and loved ones.

        • FYI-Just A Thought says:

          Fair enough but the police share a responsibility and have failed by not responding or offering an official statement on the matter. That in itself leaves room for doubt and uncertainty.

  17. Ganja mon says:

    Probably only arrested him because this happened in M-Town..If this were on South shore or Tuckers Town we all know the person would have climbed back into bed and not into a jail cell for 18hrs.

    • sandgrownan says:

      You’re an idiot.

      • peaches223 says:

        Is he really so far from the truth? How could you call him an idiot?

  18. Concerned Bermudian says:

    How do I vote on the pole? I cannot find a link. Thanks

  19. US Observer says:

    You all make great points…and I agree in that once you enter into someone’s home or business, you enter at your own risk. The law should protect the home/business -owner at all times.

    Here are some examples…you may have to copy link and paste.

    http://www.examiner.com/crime-in-atlanta/elderly-man-stone-mountain-shoots-burglar

    http://www.myfoxatlanta.com/dpp/news/local_news/Man_Defends_Home_Shoots_Burglars_082109

    http://www.wsbtv.com/news/25082333/detail.html

  20. Concerned Citizen says:

    I don’t know if anyone else mentioned this, but we’re all assuming that the intruder broke in with the intention to attack the mother. In this day and age with all these sickos out there how do we know that he wasn’t after one of the little boys?!

    As for this idea of ‘reasonable force’, these criminals should be thankful they don’t live in a place like Florida or Texas where you have the right to blow somebody away if they enter your home and are a threat to your family.

    I don’t know all the facts here, but I’d say that if the intruder is putting up a good fight, of course you have to do what you need to do to subdue or deter him, but once he’s down you can’t keep raining blows or kicks on him until he’s a bloody pulp-as much as one would want to. I think that’s where homeowners may get themselves into trouble-by continuing to beat on the intruder after he’s no longer a threat. As much as we’d want to, the law doesn’t allow that…

  21. US Observer says:

    Actually you can click on the links…

  22. break into my house says:

    Well let’s put it this way, If I find someone in my house at 3:00am in the morning I will not be asking him what are you doing here. I WILL BE TAKING HIM OUT, than I will ask the question if he can speak “what are you doing in my house”. One should have the right to protect his home and family at any cost. Well done brother for protecting your home.

  23. White Christ says:

    The poll should read “Should intruders have their hand chopped off”? Yes or no?

  24. Linda says:

    Why do the criminals have all the RIGHTS?….The boyfriend should be hailed a hero.

  25. Bermudian says:

    i agree with Billie M you break in my house….. . yes, im going to send you in a bag im a single mother and my son is young as heck, i dnot care what it is. If you dont live there or wasn’t invited you deserve what you get…. point blank period

  26. Notorious says:

    I don’t give a damn about that piece of scum who broke into their home. He should be in the I.C.U. Why would they arrest the boyfriend?! In the U.S. you have the right to protect your life, your family and your home. I can’t wait to see who this bastard is.

  27. Bermudian says:

    and to top it off ive had a police officer tell me i can beat the person breathless……so i like the rest would really love to know why the man was arrested for helping his family. and please for goodness sake dont blame it on something else(like we found something in his house) so what thats not what you went for they went to get the bad guy not turn the bf into the bad guy….

  28. sunshine li says:

    ….and if you see him again…beat him some more!

  29. VoT!!! says:

    Years ago when I was residng in the US I fell asleep on my couch in the living room. At about 2pm in the morning I woke up to find an intruder on my 2nd floor balcony attempting to open my sliding glass door (which wasn’t locked) to enter my apartment. All I could see was the person’s silouette and the apt was dark so I figured the intruder couldn’t see me. I hid behind the couch until the person entered my living room. Soon as his foot hit my carpet I jumped up from behind the couch and began kicking and pounding on the guy who began screaming in pain. That’s when I realized that I recognized his voice. When I turned on the lights I relized it was a co-worker who laater told me that he had been trying to reach me to tell me that he needed a key to lock up the shop at closing time cause he couldn’t find his key! By then he was all lumped up… I was like WTH!!

  30. People's Poet says:

    A Gangstah broke in from next door
    A stun gun and condoms what for?
    He first took a fall
    Then a bat up his balls
    As he fell he was heard to say, “Aaaarghhh”.