A chilling incident in Derbyshire has been met with a surprising outcome, as a 19-year-old burglar's life was tragically cut short by the homeowner's firearm in May 2024. The decision not to prosecute the farmer who discharged his legally held gun during the break-in has raised questions about self-defence laws and their application.
Marcus Smith, 19, from Chapel-en-le-Frith, lost his life after sustaining a fatal gunshot wound at the scene in Eccles Road, Whaley Bridge. His friend, also 19, suffered non-fatal injuries that same night, receiving medical attention afterwards.
According to the Crown Prosecution Service (CPS), the homeowner – who is in his 50s – had discharged his firearm after confronting burglars within his property. The CPS received a file of evidence from Derbyshire Police and concluded no charges would be brought against the farmer following their review.
Janine McKinney, chief crown prosecutor for CPS East Midlands, stated that the decision was made after careful analysis of all gathered evidence during the police investigation. She confirmed it aligned with statutory legal tests and relevant laws governing householders' rights to defend themselves in such circumstances. Ms McKinney extended her sympathies to Mr Smith's family and loved ones.
The CPS have also announced that three men will face court proceedings for their involvement in the burglary, as well as a separate break-in at the same property on the night before the fatal shooting. Marcus Smith was known locally for his passion for football and his work as a DJ.