Ruling issued after Baltimore jewelry store owner fatally shoots suspected burglar

Around 2 a.m. Oct. 16, a then-unidentified male reportedly broke the glass front door of a Baltimore jewelry store with a brick.

The problem for the male? The store owner was inside the building — and he was armed with a gun. The store owner fired a warning shot and said, “Freeze!” WJZ-TV reported, adding that the intruder ducked, then popped back up, and the store owner opened fire at him.

The jewelry store owner lives above his business, WJZ said in its video report.

Officers arrived at the scene in the 2200 block of Fleet Street to find a 39-year-old man suffering from gunshot wounds, WJZ said in a follow-up story, adding that police said he was taken to a hospital, where he later died.

Baltimore City State’s Attorney Ivan Bates on Monday identified the man as Richard Rolfe — and said no charges will be pursued, WJZ reported.

“Based on the facts of this case, we believe that this shooting meets the requirements of self-defense in the State of Maryland,” Bates said in a statement, according to the station.

RELATED: Male reportedly shatters glass front door of jewelry store in middle of night. His problem? Armed store owner is inside.

WJZ said Maryland law stipulates that self-defense or defense of habitation applies if use of force is accompanied by the following five factors:

• the suspect attempted to enter a home or property;
• the property owner believed the suspect intended to commit a crime that would lead to death or serious injury;
• the property owner believed the suspect intended to commit a crime;
• the property owner believed that use of force was necessary to prevent death or serious injury;
• the property owner reasonably believed force was necessary.

RELATED: Video: Armed thugs who rush into jewelry store have fast change of heart when worker with gun sends them some smoke

The jewelry store owner lives above his business, WJZ said in its video report.

The state’s attorney’s investigation found that Rolfe entered or tried to enter a person’s home, and the homeowner believed Rolfe intended to commit a crime that would lead to injury or death, the station said.

The investigation also found the homeowner believed the force used against Rolfe was necessary to prevent death or injury, WJZ said.

The homeowner also believed Rolfe was armed, the station said, citing the findings of the investigation.

While it was later discovered that Rolfe did not have a gun, Bates said in a statement that “it is reasonable that the homeowner believed Mr. Rolfe was armed,” WJZ reported. Bates added that “it can be said that the homeowner was acting appropriately under the defense of the habitation doctrine,” the station added.

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