Charges deferred for Minneapolis homeowner who shot, killed alleged intruder

MINNEAPOLIS (FOX 9) - Contention continues to over whether or not a 53-year-old woman and Minneapolis homeowner is justified in claiming self-defense and protection of property after a shooting in her yard last week left a man dead at the scene.

The Hennepin County Attorney’s office said Monday it is "deferring" a charging decision in the Feb. 22 shooting at a home on 25th Avenue South in Minneapolis, writing to FOX 9’s Paul Blume that further investigation is needed.

A search warrant filed in the case claims the female homeowner, who FOX 9 is not publicly identifying, shot and killed 30-year old Martin Lee Johnson after he broke into her detached garage.

She told detectives she first fired four warning shots into the air with a handgun, but when he advanced and appeared to reach into his waistband – she shot him with a rifle.

"It is your castle. Your garage is part of the castle. If a person entered your garage, they’re entering your home – your garage is your home," Steve Meshbesher, a criminal defense attorney, told FOX 9. Meshbesher isn’t currently directly connected to the case.

Johnson’s loved ones have since said they do not believe the narrative, and are demanding to see the evidence – including any home surveillance video.

"We have received very little information on why and how Martin was killed," said Macey Wheeler, Johnson’s aunt, in a statement. 

"Even if the father of two was breaking into a garage that night, the homeowner, "had a duty to call police instead of playing judge, jury, executioner and God," Johnsons’s cousin told Blume.

They’re calling for murder charges, and both a press conference and vigil is scheduled for Tuesday night.

Meshbesher, though, believes at least based on current public court filings, the homeowner has the law on her side.