An 80-year-old Long Beach man has not been charged for killing a burglar who falsely claimed she was pregnant and asked him not to shoot as she fled.
The killing was justified, the Los Angeles County district attorney’s office announced after deciding not to charge Thomas Greer, who shot Andrea Miller on July 22 of last year.
Mr Greer shot Miller, 28, twice as she tried to flee from his home after she and accomplice Gus Adams assaulted and robbed him, a prosecutor asserted in a December 5 report that was disclosed Monday.
Mr Greer said that Miller claimed she was pregnant and asked him not to open fire.
Thomas Greer shot Andrea Miller, 28, twice as she tried to flee from his home on July 22 after she and accomplice Gus Adams assaulted and robbed him, a prosecutor said in a December 5 report that was disclosed Monday
Thomas Greer shot Andrea Miller (left), 28, twice as she tried to flee from his home on July 22 after she and accomplice Gus Adams (right), 26, assaulted and robbed him, a prosecutor said in a December 5 report that was disclosed on Monday
An autopsy later found that Andrea Miller, 28, was not pregnant, said coroner's spokesman Ed Winter.
‘Thomas Greer is presumed to have held a reasonable fear of imminent peril of death or great bodily injury,’ according to the report signed by Deputy District Attorney Janet Moore.
‘Greer exercised his legal and legitimate right of self-defense when he shot and killed Andrea Miller.’
Mr Greer told told NBC Los Angeles in July: 'I walked in on them and they downed me, they jumped on me in the hallway.
'The lady didn't run as fast as the man so I shot her in the back twice. She's dead.. but he got away. She says "don't shoot me, I'm pregnant, I'm gonna have a baby" and I shot her anyway.
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Californians can use deadly force to protect themselves inside their homes if they feel they are in imminent danger.
Mr Greer, who had been burglarized at least twice in the past, returned home from work at about 9pm and found Miller and Adams, 26, trying to crack open a safe, the report said.
The two lied and said they were police officers but then turned violent and broke his collarbone, according to the report. They eventually returned to trying to open the safe, the report said.
Mr Greer couldn't leave his house because his front gate was padlocked and a woman with a small child was demanding that he let her in, the report said
Mr Greer couldn't leave his house because his front gate was padlocked and a woman with a small child was demanding that he let her in, the report said.
He correctly assumed the woman, who turned out to be Adams' mother, was an accomplice, the report said.
He got a small-caliber handgun from his bedroom and returned to the office area, where the two had managed to pry open the safe and get $5,000.
They attacked him again until they saw he was armed and then fled, the report said.
Mr Greer shot three times, striking Miller in the left side of the chest and in the right knee. She fell, got up and then fell in the alley outside, the report said.
Her accomplice, Adams, ran to a car where his mother, Ruby Adams, was waiting and they drove away, the report said.
Adams has pleaded not guilty to murder, burglary and robbery charges. He's charged with murder under the theory that he committed a felony that led to Miller's death.
Ruby Adams, 50, has pleaded not guilty to burglary and robbery charges.
The two are due in Long Beach Superior Court on February 3.
Mr Greer shot three times, striking Miller in the left side of the chest and in the right knee. She fell, got up and then fell in the alley outside, the report said
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