ATLANTA, Ga. (CBS46) — A homeowner in Atlanta shot an intruder in northwest Atlanta Wednesday night.
Atlanta police said the man shot 36-year-old Tyrell Johnson after he climbed through a window of a home on Dahlia Avenue, got knives out of the kitchen, and attempted to attack a man in a wheelchair who was in the home.
Marietta lawyer Matt Kilgo focuses on self defense cases.
"You can always defend yourself or another person, any other person from death or great bodily injury or from what is called the commission of a forcible felony, that’s a felony that has some element of personal violence against someone," he said, explaining burglary is a considered a forcible felony in Georgia.
Kilgo is not involved in the Dahlia Avenue case but offered insight based on the information availabled about what happened.
"He also had several avenues where he could use deadly force to protect himself and anyone in his home from someone who is attempting violently to enter, someone who has entered forcibly without permission or someone who is attempting to commit a felony inside the home," said Kilgo.
Kilgo said while he encourages people to do whatever they can in the moment to protect themselves, there are some things gun owners should keep in mind.
"After you’ve fully protected yourself, call 911, tell them who you are, where you are, tell them you’ve been the victim, ask them to send the police and then hang up the phone, don’t make any statements to police without a lawyer present," he said.
He also encourages gun owners to train at the shooting range and feel comfortable with their gun so they know how to properly use it should the situation arise.
Johnson is facing burglary charges and underwent surgery for his gunshot wounds. He will be moved to the Fulton County Jail upon his release from the hospital.