Homeowner Charged With Killing Burglar

A south New Jersey homeowner is facing first-degree murder charges -- he's accused of fatally shooting a man who he says was trying to break into his backyard shed.

It happened late Monday night at the home of Robert Clark Jr. on Grant Avenue in Franklin Township.

Clark's home was burglarized once before in the last year and this time he used deadly force to stop the burglary.

According to investigators, Clark caught two men breaking into his shed. He stepped out of his house, shot and killed William Hamilton, 39, of Clemeton, N.J. Clark then chased the second alleged burglar, Dwayne Jones, 22, and fired several rounds at him. Jones was later captured.

Prosecutors have charged Clark with first-degree murder, possession of a weapon and aggravated assault.

"You can replace an ATV, but you can't replace someone's life. Regardless of his motives for being in the back yard, they were unlawful, but you can't take the law into your own hands to correct that," said Sean Dalton, the Gloucester County Prosecutor.

Clark and his wife have lived in their house for about two years. There have been a handful of burglaries in their neighborhood recently.

"Someone had broken into this place a couple of times and someone had broken into that house," explained a neighbor identified as J.C.

But, despite the burglaries, prosecutors say the protection of property is not reason enough to shoot and kill.

"It is unfortunate somebody died and it's kind of sad for the individual that did the shooting, the homeowner. I'm sure he's in a lot of trouble now. But, other than that, you know, it's just the whole thing is unfortunate," said John Baumgartner, a neighbor.

Clark was freed on $50,000 cash bail Tuesday. Prosecutors said Jones lives just one block away from Clark.

Article continues below

---

advertisement

---

Author: Copyright 2004 by NBC10.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.