Farmer who allegedly shot dead teenage burglar will not face charges
On 1 May 2024, 19-year-old Marcus Smith was shot at a farmhouse in Whaley Bridge, Derbyshire. Police had been called to reports of a burglary in the early hours.
The teen was pronounced dead at the scene at Mosley Hall Farm as a result of a gunshot wound.
Farmer Rob Lomas was arrested on suspicion of murder and remained on bail for 26 months as he waited to hear if he would be charged.
But today (14 July), Derbyshire Police revealed he had been released without any further action.
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The force says it passed a file of evidence to the Crown Prosecution Service (CPS) and after review, it decided that no charges would be brought against the homeowner.
The CPS said that Lomas discharged a legally held firearm when confronted with burglars in his home.
Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said per the BBC: “After careful analysis of all the evidence gathered during the police investigation, our prosecutors have decided that there will be no criminal charges in relation to the death of Marcus Smith or the serious injury of another male.
“This decision has been made in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend themself. Our thoughts are with Mr Smith's family and loved ones.”
As well as Smith, there was a second 19-year-old found nearby who suffered gunshot wounds the night before and was treated in hospital.
The CPS added that three men arrested in relation to burglary at the same property and ‘would face proceedings’.
Smith was from the nearby Chapel-en-le-Frith, played football for a local team and was a DJ at a local pub.
At the time of the arrest, Lomas’ son set up a fundraiser in order to help support his family, raising over £60,000. He claimed that the owner has ‘encountered intruders inside his property, having had a burglary the night prior also’.
He wrote: “Rob has the most steadfast loyalty you could ever wish for in a father and friend and has always been there for me, and all of his many friends. As every farmer does, he works relentlessly in all weathers, but always makes time for a brew and a friendly humorous chat.”
Smith’s mum, Kerry, was described as ‘devastated’ by his death.
A year on from the shooting, police described the investigation as ‘complex’ and said that building its case ‘does take time’.
Firearm laws and the use of 'reasonable force' against intruders in the UK
In order to possess, buy or acquire a firearm or shot gun, a person must have a firearms certificate issued by the police. They must also have a certificate to buy ammunition, gov.uk explains.
The Crown Prosecution Service explains in depth how 'reasonable force' can be used when intruders break into someone's home, saying as a general rule, 'the more extreme the circumstances and the fear felt, the more force you can lawfully use in self-defence'.
If an intruder dies after reasonable force is used, and if a person has acted in reasonable self-defence, they will still have acted lawfully.
However, if, for example:
- A person knocks someone unconscious and then decides to further hurt or kill the intruder to punish them
- Or they knew of an intended intruder and set a trap to hurt or to kill them rather than involve the police
The person would be acting with very excessive and gratuitous force, and could be prosecuted.
Topics: UK News
Jess Battison