When does firing a gun go from justifiable to vigilante?

PORTLAND, Ore. – There have been recent cases of homeowners using deadly force on intruders. One man was exonerated; the other was convicted.

What we learned is the person with the concealed weapons permit assumes a great deal of responsibility in terms of insuring that they're doing the right thing at the right time for the right reason.

So, when is it justifiable to pull the trigger? The law is pretty clear, at least on paper. On paper, there are few crimes that justify using deadly force.  In short, you must have a reasonable fear your life or someone else's life, and must be able to prove that your life or their life was in immediate danger.

Here's an example of when that standard is not met: This past August, homeowner Keith Cramer of Sutherlin, Ore., began serving a year-and-half-long prison sentence after he shot and killed a man sleeping on his couch.

He wasn't justified because the intruder wasn't an immediate threat – because he was sleeping.

We talked to attorney Akin Blitz who, in addition to being a former police officer, represents the Oregon Association of Police Chiefs. He tells us the same "immediate threat" standard applies to someone running away with stolen merchandise. (See "Man opens fire on theft suspects, police arrest him.")

"If they've stolen your television and they're on the front steps of your house and they're running away, you can't shoot them in that instance," said Blitz, also a former cop.

However, if they're still in your home – and advancing – it can be a different story.

This past October the owner of a home in Lewis County, Wash., came face to face with an intruder on his stairs. The owner opened fire, killing the burglar. The sheriff said it was justified because the intruder posed an immediate threat: he kept advancing.

Meanwhile, Blitz said officers who train to use deadly force have much greater protections than citizens who pull the trigger.
    
"Police officers don't have the luxury of retreat," he said, "so the circumstances a police officers can be required to use deadly force is very different than citizens who have no duty to act, and can always retreat."

Blitz said the same lack of immediate threat was also in play at the Gresham AT&T store during Tuesday night's theft, getaway and shooting. There, a customer witnessed a theft of iPhones from the store, pulled out his handgun and started firing at the fleeing suspects' car.

"A general rule of thumb is we're probably better off being good witnesses," Blitz said, "rather than getting in the middle of this kind of situation."

Gresham-resident Roger Witter, the man who shot at the shoplifters, was arrested and could face charges including unlawful use of a weapon, reckless endangerment, disorderly conduct and unlawful discharge of a weapon.

"I never pointed my gun at anybody," Witter said. "I never was popping off shots like a wild cowboy. I was just trying to stop a crime. That's all I was doing."

The thieves got away and, as of Wednesday night, have yet to be found.