Police did not confirm if the victim had a gun. WAVE 3 News spoke to Attorney Thomas Clay who said there are a variety of cases where self defense can defend a shooter in court. One in particular is the "Stand Your Ground" statute that was passed in 2006. He said this is a "defensive" statute.



"It is not one where a person is authorized to chase after an intruder and then run him down and shoot him," said Clay. "I think it would be very questionable if that defense would be available under the circumstance of this case."



In Kentucky, there are four degrees of homicide. The jury would probably be instructed on a degree of this homicide that would allow for the group to consider the emotional state of the man who actually killed the intruder, said Clay.