A Milton man who was charged with second-degree murder for killing an armed home invader had a murder charge dropped on Monday.
According to Global News, the Crown withdrew the charge, citing that there was no reasonable prospect of a conviction against the defendant, Ali Mian.
Mian was charged with murder earlier this year after several armed intruders allegedly entered his home around 5 a.m. on Feb. 19. Halton Regional Police believe the intruder’s intent was to commit robbery.
“I thank the crown for using their reasonable discretion and agreeing to withdraw the charges today,” said Mian’s lawyer Jag Virk. “My client is very happy and thankful.”
“He’s been under tremendous stress since being charged knowing that if he was found guilty he’d been spending considerable time in jail and he was only trying to protect himself and his mother.”
Mian lived in the home located on Gibson Crescent in Milton along with his mother who was also present during the robbery. He is a registered firearm owner and allegedly shot at the armed intruder. Several of the intruders fled the scene when police arrived, however they were able to identify one of the suspects as Alexander Amoroso-Leacock, 21, from Toronto. Police pronounced him dead at the scene.
Virk argued that Mian used his gun legally against Amoroso-Leacock as he was armed and posing a threat to him and his mother. Virk claimed that Mian should never have had the charge laid against him in the first place, as this was a case of self-defense.
“His intention was not to kill the intruder, he only shot at him once,” said Virk in a statement.
Two arrests were made following the incident, Romario Clarke, 20, from Oshawa, was charged with one count of break and enter and additionally with one count of unauthorized possession of a firearm. Mian was the other arrest and he was charged with murder. The three other suspects who fled have yet to be located.
Released on $130,000 bail, Mian was given a number of conditions such as surrendering his passport and firearm license. He was also to live with his grandmother and not possess any weapons.
EDITOR’S NOTE: A previous version of this article incorrectly stated Mian was acquitted.
