Fatal shooting during possible Baltimore burglary ruled as self-defense

A fatal shooting that police said happened during a possible burglary has been ruled as self-defense, according to the Baltimore City State's Attorney. 

Baltimore police said the shooting occurred in Fells Point, in the 2200 block of Fleet Street, on October 16, around 2 a.m.

Officers arrived at the scene to find a 39-year-old man suffering from gunshot wounds. He was taken to a hospital where he later died, police said. 

On Monday, City State's Attorney Ivan Bates identified the man as Richard Rolfe and said no charges will be pursued. 

"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. 

The decision came after a review by the State's Attorney's Homicide unit. 

Investigation into fatal Fells Point shooting 

Under Maryland law, a crime can be ruled as self-defense or defense of habitation if it meets the following five factors: 

• A suspect attempted to enter a home or property
• The property owner believes the person intends to commit a crime that would lead to death or serious injury 
• The property owner believes the suspect intends to commit a crime 
• The property owner believes that the force used was necessary to prevent death or injury 
• The property owner reasonably believed force was necessary 

In the case of Rolfe, the State's Attorney's investigation found that he 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 investigation also found that the homeowner believed the force used against Rolfe was necessary to prevent death or injury. 

According to the investigation, the homeowner believed Rolfe was armed. It was later discovered that he did not have a gun. 

"Based on the investigation in this case, it can be said that the homeowner was acting appropriately under the defense of the habitation doctrine. While it was later determined that Mr. Rolfe did not have a gun, it is reasonable that the homeowner believed Mr. Rolfe was armed," Bates said in a statement.