Oct 14, 2024
HANFORD, Calif. (KSEE/KGPE) - Following an incident where a Fresno man shot a vandalizer threatening to kill his family, a firearms expert spoke about what circumstances qualify as self-defense in California.  "Are you willing to die or go to jail for what you are about to do?" said Todd Cotta. Vandalizer shot trying to break-in, kill family in Fresno, police say Todd Cotta is the owner of Kings Gun Center in Hanford. "We built this place in 2015. So, we're going on ten years next year with this building," he said. Cotta is also an official carry concealed weapons instructor for the Fresno County Sheriff's Office.  In any case of self-defense, Cotta says the force you use to protect yourself must match the threat level of the situation.  "If you can escape, escape if you can avoid it, avoid it. But if you can't avoid and you can't escape, all you have left is defend," Cotta said. In a recent particular case, Fresno Police say 48-year-old Baldemar Lugo vandalized several vehicles near Hoxie and Whitney avenues Friday night with a hammer.  They say he then walked up to a home trying to force his way inside the front door with the hammer while allegedly demanding the people inside come out so he could kill them.  Authorities say that is when one of the homeowners got a handgun and shot Lugo through the front door.  According to Lieutenant Steve Card with the Fresno Police Department, the homeowner told police he fired the gun to protect his family. "He feared for his life and life of his family at home with him," said Lt. Card. Because the homeowner told authorities he shot Lugo from inside his home in self-defense, Cotta says there are laws that protect that right— including California's Castle Doctrine.  "Basically the U.S. Constitution sides with the person who is occupying the home, not the government. That's all it means when you have the person in the home has a right to his privacy, to his property and to defend his home," said Cotta. Although Cotta says the man had a right to defend his home and family, whether charges are filed depends on the circumstances surrounding the shooting.  "He has a right to defend his home, his family. But did one of those rounds get away and go across the street and hit the house across the street? Oh, now it's different. Did somebody else get affected by this thing?" he said. "Your home is your castle and anytime you use lethal force or any force at all, you're subject your subject to civil and criminal penalties. So it's a decision that guy had to make and he made it," Cotta continued. Police arrested Lugo on suspicion of making criminal threats, vandalism, and attempted assault with a deadly weapon. Whether the man who fired the gun will be facing charges has yet to be released by officials.
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