Slinger homeowner not criminally charged for shooting intruder

By Annie Scholz

CREATED Mar. 21, 2012 - UPDATED: Mar. 21, 2012

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SLINGER- A Slinger homeowner will not be charged for shooting and killing an intruder.

According to the Washington County's district attorney, the evidence just wasn't there to move forward with charges.

TODAY'S TMJ4's Annie Scholz caught up with the homeowner, who asked TODAY'S TMJ4 to not put him on camera.  He directed TODAY'S TMJ4 to his attorney, who said even though his client feels justified, nobody wins in a case like this.

The homeowner told authorities 20-year-old Bo Morrison scared him when he found him hiding inside a dark enclosed porch around 2 a.m. on March 3.

"There were many factors that went into this decision. One of the important factors was the time of day," said Washington County district attorney Mark Bensen.

Morrison had run to the house, hiding from police after he'd been drinking at a nearby party.  His blood alcohol level was over twice the legal driving limit.

According to Bensen, "Mr. Morrison took a step towards him (the homeowner) and he fired one shot.  The homeowner also had his wife in his house and there were also three young children."

Nobody in the house where the party took place wanted to comment. 

The homeowner's attorney says his client simply wants to put it all behind him.  "I don't really think there's a message you can take from this.  It was a sad situation all around...If he could change what happened, he certainly would," said the homeowner's attorney Craig Mastantuono.

A question surrounding this case is whether the 'castle doctrine' played a role.  It's the law that protects homeowners who take action against an intruder.  The district attorney said with or without it, he would have reached the same decision to not criminally charge the homeowner.