It was about 2:30 a.m. last Tuesday, Jan. 19, when police responded to a shooting on an otherwise calm street in North Redondo Beach.
The incident, neighbors said, was surprisingly quiet — most residents of Nelson Avenue’s 2000 block had little idea of the circumstances that brought the flashing lights of Redondo Beach Police to their street, while a few were shocked to learn that a shooting had occurred at all.
Despite the confusion, the facts remain: A 33-year-old Redondo Beach resident, later identified by police as Laurencio Gamboa, was arrested and charged with burglary after being shot by the resident of a home on Nelson Avenue.
According to police reports, a resident at the apartment complex was alerted to movement in his garage by a wireless security system. Via their phone, the resident was able to watch the suspected burglar standing near a motorcycle (belonging to a friend of the resident).
The resident and a friend in the residence armed themselves with firearms — one with a handgun, one with a rifle. The two found the suspect pushing the motorcycle down the complex’s driveway and ordered the suspect to drop the bike.
He did, began to run away, then according to reports, turned back toward the pair and confronted them. That’s when the resident shot the suspect in the leg. The suspect then ran down the street before being tackled and subdued by the resident. Police arrived on the scene shortly thereafter.
Gamboa was arrested, sent to Harbor General Hospital for treatment, and released into police custody where he was booked on suspicion of burglary and vehicular theft.
Responses on social media have ranged from disbelief toward the situation, praise to the resident and, in some cases, criticism that the resident should have aimed higher.
“If the motorcycle owner goes to trial, I won’t qualify for the jury. I’ve already made up my mind that the burglar had it coming,” one Facebook commenter, Tom French, wrote.
“If the guy had died, it would be murder, pure and simple,” wrote commenter Nick Schroder. “Get it through your gun-addled heads — the man who fired that gun is a far greater menace to society than the clown who tried to steal the bike.”
RBPD Chief Keith Kauffman’s perspective is more nuanced. Though he can’t comment as to the specifics of the investigation, which as of this writing is still ongoing, he approves of a citizen’s right to defend themselves — though he cautions them to be discerning in doing so.
“Whether a citizen decides to use a weapon or not, they have to be very sure of their choices when a crime is occurring; if they’re merely defending property, they should be careful about using or deploying a weapon,” he said. “The same rules apply to citizens as they do police officers when it comes to using weapons: Everyone has to make sure they are doing it in a manner that is allowable under the law.”
Under the law, according to California Penal Code section 198.5, a person using deadly force is allowed to do so, if reasonably fearing for their life or the life of someone in their home, against someone who has “unlawfully and forcefully” entered their home.
The state’s criminal jury instructions regarding justifiable homicide go a bit further. Language in CalCrim 505 indicates that a jury may be told by a judge that a defendant “is not required to retreat,” and is entitled to “if reasonably necessary, pursue an assailant until the danger” has passed — even if they may have gotten to safety by retreating.
Kauffman again cautions that situations may not be what they appear at first glance. “Everyone’s perception of things happening can be different; you have to make sure that you’re sure and safe,” he said. “You can’t just wield a weapon and fire it because you think someone is committing a crime…the actions of a citizen using a firearm to defend themselves during an incident need to be objectively reasonable given the circumstance.”
