PHILIPSBURG:--- The Public Prosecution Service has decided not to prosecute the tourists involved in the death of a burglar.
On January 29, 2014, three Swedish/American tourists caught three burglars in their rental villa in Oyster Pond. Two burglars escaped and a third one was held around the neck (chokehold) by one of the tourists, pending the arrival of the warned police. The burglar opposed forcefully and died.
The public prosecutor ordered the investigation of the cause of death of the deceased burglar. An autopsy took place. The pathologist also examined the neck (larynx and trachea) microscopic.
The Public Prosecution Service received all the information and studied the results. Although the autopsy revealed that the intruder died because of suffocation, little evidence of external violence was found. The public prosecutor has reviewed the case as a "tragic accident". Also in view of Article 43 of the Criminal Code the Public Prosecution Service considers prosecution not feasible or desirable.
Article 43 of the Criminal Code reads that a person who commits a crime during the necessary defense of person(s) or property is not punishable (self-defense). The necessarity of the (self-)defense is presumed if the assailant is unlawfully in another person's home.
Press Release from Public Prosecutor's Office
