Henry L. Smith, 26, of Warren, and formerly of Dunkirk, N.Y., has been identified as the subject who died as a result of a stabbing during a burglary Wednesday at 112 Barker St.
According to Jamestown Police, the resident of the home returned to find Smith and another subject allegedly burglarizing his residence. An altercation broke out between the resident and the two burglars, resulting in both burglars being stabbed.
When asked about the legality of using deadly force in this type of situation, Chautauqua County District Attorney David Foley said that it is covered by section 35 of the penal law code, which deals with justification of force.
"Typically speaking, you can use deadly physical force if someone is using deadly physical force toward you. You can use that sort of force in return or come to the aid of a third person," said Foley. "In a general setting, you typically have a duty to retreat, so if you can get away from a situation you have an obligation to do so. The exception is in your home, though. You have a right in your home to defend your home. If someone is in the course of committing a burglary, you're allowed to use deadly physical force to stop the commission of that act, so long as it's in your home."
Foley did say however that they will still be taking a look at this case specifically to see how they want to proceed.
Smith's body was found in a yard a short distance from the home while the second subject managed to make it to WCA Hospital. The other person was later taken to UPMC Hamot in Erie, Pa., still being treated for injuries. The second subject's name is not being released at this time.
An autopsy on Smith's body was scheduled for Thursday morning at Erie County Medical Center.
The investigation into the incident is continuing.