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Charlotte man kills home invasion suspect

Charlotte police have an extremely interesting case on their hands involving the killing of a 15-year-old boy by a 76-year-old man who - along with his wife - was tied up in a home invasion robbery.

The man managed to get free and chased down his alleged attackers and ended up killing one of the teens, thinking the boy was armed.

No charges have been filed yet. If they are - and this case goes to trial - it will make for an interesting debate on the right of self defense.

So I ask, what would you have done placed in the man's situation? Based on what is known, do you think the shooting is justified or not? and why?

Here's the story from The Associated Press: 

CHARLOTTE (AP) — Police are unraveling a home invasion and burglary that began at an elderly couple's home and ended with a 15-year-old suspect shot to death on a nearby street.

Charlotte-Mecklenburg police said robbery and homicide investigative units are working to sort out the Saturday incident that began when four young men pushed into the upscale brick home that C.L. McClure, 76, shares with his wife in northeast Charlotte's Newell community.

"I'm not in any condition to talk" about the incident, McClure, a retired building fireproofer, told The Charlotte Observer on Tuesday.

Police said four teens entered McClure's home Saturday. McClure was bound with duct tape and his wife held at gunpoint. The robbers left with some jewelry and a wallet.

McClure's son, Larry, who lives next door, said his father broke free and after checking that his wife was OK guessed at the robbers' route out of his neighborhood. C.L. McClure grabbed a pistol, got into his dark green van and pursued the crooks, Larry McClure said.

"He thought they might have been driving, and he wanted to get a tag number," Larry McClure said.

Larry McClure said his father told him he was in his van when he saw one of the suspected robbers and thought he was armed. C.L. McClure fired his pistol when the teen turned toward him, his son said.

Marcus Fluker, 15, died later at Carolinas Medical Center. Police said they didn't recover a gun from near his body.

Officers took C.L. McClure to headquarters for questioning but released him without charges.

Police charged the other three teens with robbery and burglary. Police identified them as Joseph Graves, 17, Matthew Everett Morgan, 17, and Tahjaue Wiley, 18.

Police said they want to prevent any possible retribution against McClure and have assigned an officer to keep an eye on the residence.

"I think there's a concern. They just want to be extra careful. It's extra upsetting to have a 15-year-old shot and killed," said Capt. Mike Smathers, who command's the department's robbery unit. "I don't care who you are; that's terrible. They're just trying to make sure peace is maintained."

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Linus_61

August 26, 2009 - 12:49 pm EDT

Hmm-people break into your home and tie you up and yo go and hunt the person down and kill one of them-not following the law for sure but denfitely eliminating the whining lawyers and excuses they always come up with.

holland4

August 26, 2009 - 1:26 pm EDT

There's not enough information to determine if it was justifiable. After you and your family have been robbed and assaulted, there's certainly a lot of emotion and anger with which to deal. If I were tracking the perps down to get a tag number and then they turned on me, I would have also defended myself. Honestly, it's difficult for me to muster any sympathy for the thugs. Getting plugged is the cost of doing business in that line of work. I'm sure that Mother Fluker will say that Marcus was about to turn his life around.

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