ESSEX JUNCTION, Vt. -
The decision whether to charge the homeowner involved in a deadly home invasion will be up to the Chittenden County State's Attorney.
It's a big decision but T.J. Donovan says he will simply apply the facts of the case to the law.
Officially it's called Justifiable Homicide. The law is short, vague and hasn't been applied a lot in Vermont.
CLICK HERE TO READ THE LAW
Last week, police say Ryan Morton-Lane broke into an Essex Junction home and was stabbed to death by the homeowner. Police are investigating to see if that homeowner should be held responsible for Morton-Lane's death.
"What's happened in Vermont is these tend to be very case by case kind of analysis," says Cheryl Hanna, a Vermont Law School professor.
Hanna says there have few cases like this one in Vermont.
"I think self defense law is made for exactly this kind of situation. You are in your home, somebody breaks-in, they have a weapon, they are threatening you, and you are going to defend yourself and your family," says Hanna.
Vermont law allows you to kill someone for two reasons. The first is to protect you or your loved ones. The second is to stop someone committing a violent crime. But even those have limits.
"We essentially have a reasonable standard. What would a reasonable person have done?" says Hanna.
Now police and prosecutors must decide if the homeowner, Shawn Garrett, was justified for killing Morton-Lane.
"We need to know the sequence of events," says Donovan.
Donovan says it could take weeks to finish the investigation and decide whether charges will be filed against the homeowner.
If they are, Hanna says prosecutors could face a tough challenge in court.
"I think most jurors who look at this case will probably say I would have done the exact same thing," says Hanna.
An autopsy found that Morton-Lane had injuries consistent with a struggle and he died of a stab wound to his chest.
Police say the homeowner was also hurt, though not seriously.
