WASHINGTON (KDKA) — A man who shot and killed an intruder is being held in the Washington County Jail without bail on homicide and drug charges.
The Washington County District Attorney announced Thursday that the homicide charge had been filed against David William Murray, 53. He is accused of shooting and killing Nathaniel Gardner, 52 inside Murray’s home on Adams Street in McDonald on Nov. 25.READ MORE: Local Pediatricians Offer Health Advice For Trick-Or-Treating This Halloween
Murray told officers that Gardner kicked in the door and entered his home. Police say Gardner was unarmed.
Officers say they found a large marijuana growing operation inside Murray’s home.READ MORE: Ohio Messes Up New Wright Brothers License Plate Design
“People engaged in illegal drug activity cannot invoke the Castle Doctrine as justification for the use of deadly force.” District Attorney Vittone stated. The Castle Doctrine is a legal doctrine that designates a person’s residence or vehicle that permits him or her in certain circumstances, to use deadly force to defend himself or herself against an intruder.
“Criminal activity on the premises is a specific exception to a homeowner’s ability to utilize the castle doctrine to justify the use of deadly force.”MORE NEWS: Study Says Water Is Pennsylvania's Biggest Phobia
A preliminary hearing date is set for Dec. 15 at 10 a.m.