A 12-year-old boy is recovering at ECMC after being shot near the corner of Broadway and Quincy. Police say the boy was shot just before noon on Thursday, November 16 after attempting to break into a home on that block. Civil rights attorney Barry Covert spoke to WIVB about the incident and what the homeowner’s rights are in this situation. The full story is available on the WIVB website and by watching the video below.
No duty to retreat
According to WIVB, police officers say that the homeowner shot the boy after he attempted to break into the house. The boy was hit by a birdshot, which is the smallest size of shot available for shotguns, and was subsequently taken to ECMC. WIVB reports that the shooting was not a random act, but that it is unclear whether either the child or the homeowner were inside the house when the shots were fired.
“Would a reasonable person believe that their home is being burglarized then they can engage in physical force, even deadly force, and there’s no duty to retreat from your home,” Mr. Covert explained. At this time, no charges have been filed against the homeowner.
About Barry N. Covert
Mr. Covert is a senior partner in Lipsitz Green Scime Cambria’s Criminal Defense Trials and Appeals Practice Area. He is known for his aggressive representation of clients in the areas of New York State and federal criminal trials and appeals; driving while intoxicated; constitutional law, including First Amendment, civil rights actions, and federal False Claims Act; defending against allegations of scientific misconduct and fraud, research misconduct and fraud, plagiarism, and fabrication of evidence; and professional licensing defense. Mr. Covert frequently provides legal analysis for WGRZ and other media outlets.
