The Grayson County Commonwealth's Attorney Office has determined that no criminal charges will be sought against a homeowner for their actions in a December 2022 home invasion.
This comes after the office reviewed evidence from the Sheriff's Office investigation into a home invasion leading to a death on Mount Zion Road in the Elk Creek area on Dec. 6.
Brandon Boyles, the Commonwealth's Attorney, said that evidence from the scene, corroborated by statements from witnesses and forensic evidence from the Office of the State Medical Examiner indicated the homeowner acted under a reasonable belief that himself or others would be harmed when he used deadly force on an individual who broke into his home.
The investigation revealed that in the early morning hours on Dec. 6, law enforcement was dispatched to Mount Zion Rd.
When officers arrived they met the homeowner who told officers he was woken up by an individual damaging his yard with a vehicle and eventually, breaking in through a bedroom window in the home.
The homeowner told officers he armed himself with a handgun out of fear for his safety and used it to fight off the intruder after being "physically attacked inside of his home."
Boyles said evidence was then collected, witnesses were interviewed and an autopsy of the deceased was completed. He said evidence indicated that alcohol was a factor in the behavior of the deceased.
"It is always tragic when any human life is taken, and should never be applauded. However, in the circumstance, it is apparent that the homicide was justified under the law. We sympathize with the family of the deceased, as well as the homeowner who will bare the burden of living with this traumatic event forever. Our prayers go out to all those involved. We encourage the general public to educate themselves on what limited circumstances provide justification for using deadly force in Virginia," Boyle said.