This is an example of the ‘felony murder’ rule, where the perpetrators are responsible for any deaths, even of bad guys when a homeowner kills one in self defense,  that happen during a crime.


Man charged in brother’s shooting death during burglary

A man died Thursday and two others were arrested after a homeowner fired his gun during a burglary, according to the Middletown Division of Police.

One of the men arrested is the deceased’s brother, officials confirmed Friday.

Andrew Roberts, 22, Jonathon Oatneal, 23, and Joshua Oatneal went to a residence in the 2600 block of Aspen Drive in Middletown late Wednesday evening to commit a burglary, according to a release from Middletown police.

During the burglary, the homeowner fired his gun. The bullet struck Joshua Oatneal, the release states. The two other men then transported Joshua Oatneal to the Atrium Medical Center where he was pronounced dead.

Police responded to the medical center at 12:02 a.m. Thursday, the release states. Joshua and Jonathon Oatneal were brothers.

Police said Jonathon Oatneal and Roberts were charged with murder and aggravated burglary.