One Arrested, Two at Large Following Early Morning Burglary in Ettersburg
One person is in custody and two suspects remain at large following a reported home burglary in the early hours of Friday morning on Wilder Ridge Road in Ettersburg, according to the Humboldt County Sheriff’s Office.
At approximately 5:29 a.m., HCSO deputies were dispatched to a residence on Wilder Ridge Road after a resident reported an unknown individual inside her home. The woman told dispatch she had secured herself inside a room as the intruder attempted to open the door.
Dispatchers remained on the phone with the woman as deputies responded to the remote location. During the call, she said she had contacted a neighbor for assistance, briefly disconnected, then called back to report the neighbor was on his way. Deputies requested assistance from the California Highway Patrol while en route.
While still on the line with the resident, dispatchers heard a gunshot in the background. Dispatch then spoke with the neighbor, who reported he had detained two individuals at gunpoint outside the residence and had fired a warning shot.
Upon arrival, deputies and CHP contacted the victim and her neighbor. Based on witness statements, investigators determined three suspects were involved. Two fled before deputies arrived and remain at large. They are described as an adult white female and an adult white male.
Leo Josh Rosecrans, 51, of Fortuna was arrested at the scene and transported to the Humboldt County Correctional Facility, where he was booked on vandalism, burglary, conspiracy to commit a crime, and rearrest and revocation of probation.
Later that morning, at approximately 11 a.m., a woman at the same location, presumably the victim of the attempted burglary, began experiencing what they believed was a medical emergency. An air ambulance and ground ambulance were requested per scanner traffic. While en route, the patient ultimately declined medical intervention, against medical advice, after their symptoms subsided.
The investigation remains active. Anyone with information is encouraged to contact the Humboldt County Sheriff’s Office at (707) 445-7251 or the Sheriff’s Office Crime Tip line at (707) 268-2539.
Earlier: Neighbor Fires Warning Shot During Wilder Ridge Burglary Call; Detains Suspect
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Kym, it would be most helpful to inform readers of the legalities of defending one’s home, or another’s, using a firearm, in California.
TV shows often show this situation with people sometimes being arrested for defending one’s property. It is not clear as to how one should proceed.
Had the neighbor detained the intruders by using non lethal force, such as shooting them in the legs, all three could have been apprehended. However, I am not sure if the neighbor would then be liable…
It would be good to have a report from law enforcement to clarify.
Perhaps publishing an interview with the Sheriff would be helpful.
“Under California’s self-defense laws, you typically have the right to “stand your ground” and defend yourself and others without retreating. Simply put, you act in lawful self-defense or defense of others if you reasonably believe that you or someone else are in imminent danger of harm.
At the same time, you reasonably believe that the immediate use of force is necessary to defend against that danger, and you use no more force than is reasonably necessary to defend against that danger.
Stand Your Ground Law in California
You have the right to defend yourself if you believe there is imminent danger of harm.
Notably, the reasonable fear of imminent harm must be immediate and present. You can only use the force that a reasonable person would believe is necessary in the same situation. ” https://www.cronisraelsandstark.com/stand-your-ground
Thank you Kym!
What about Citizens Arrests?
You can’t use lethal force on someone fleeing or detain someone at gunpoint
My old goto Nolo Press has this to say:
https://www.nolo.com/legal-encyclopedia/legal-trouble-citizens-arrests.html
In other words “it’s complicated!”
Well that was interesting. Especially this bit “In order to encourage citizens to leave arrests to the professionals, laws in almost all states afford less protection to private citizens who make mistakes during the arrest process than they do to police officers.”
What is the thing said so often here? When minutes count, the police are hours away. Even when they come too late, they can’t seem to catch most of the criminals.
Heck when I found a stanger rummaging through my stuff in my house, the sheriff’s office never even asked for a description. They only asked if felt I was in danger. Since he headed out the front door as I headed out the back, I said “no.” And that was it. They told me to call back if I did feel threatened later.
That has been my expectation of police ever since.
And you headed out the back door why? 🙂 That, to me, sounds like you felt threatened…
Best (imo) results of my own research (I am not an Attorney!!!)
In general (Wikipedia — scroll down to “United States”): Citizen’s Arrest https://en.wikipedia.org/wiki/Citizen's_arrest
The Ultimate Guide to Citizen’s Arrest in the U.S. https://uslawexplained.com/citizen_s_arrest
California Law: Making a Citizen’s Arrest and What is a Trespass? (pdf) https://caltenantlaw.com/wp-content/uploads/CitizensArrestTrespass-4.pdf
WikiHow: How to Make a Citizen’s Arrest: Everything You Need to Know https://www.wikihow.com/Make-a-Citizen%27s-Arrest
It is impressive that the neighbor exercised restraint by not discharging the firearm at the perpetrators.
Not sure the rules now, but my mother, who worked in prisons, always told us that you can shoot someone who has entered your home in self-defense, but you cannot shoot them for wandering around outside the home.