Crown Drops Charges Against Ontario Man Charged After Shooting Home Invader

File photo of police tape. Andri Tambunan/AFP via Getty Images

A second-degree murder charge against a registered firearm owner in Milton, Ontario, who was accused of fatally shooting a home intruder, has been dropped by the crown.

The crown withdrew the charge against Ali Mian at a court appearance on July 31 at the Milton Ontario Court of Justice.

Ali Mian was 22 years old on Feb. 19, according to Halton Police, when a group of five suspects “intent on committing a robbery” entered the house where Mr. Mian lived with his mother in Milton in the wee hours of the morning.

Police at the time said gunshots were fired in the home and one man, identified as Alexander Amoroso-Leacock, aged 21, died at the scene. Romario Clarke, 20, of Oshawa was charged with one count of break and enter and one count of unauthorized possession of a firearm. Police looked at the time for three other suspects who reportedly left the scene in a light-coloured Dodge Charger and also arrested and charged Mr. Mian.

At the time, Mr. Mian’s lawyer, Jag Virk, said the case was self-defence and that Mr. Mian “shot at an intruder that broke into his home and attacked his mother.”

Mr. Virk did not respond to an inquiry from The Epoch Times by press time, but said at the time of Mr. Mian’s arrest that he “shouldn’t be charged with murder.”

Mr. Virk said his client “definitely has a right to defend himself and that’s going to be his defence. It was a home invasion. Intruders were in his house. Armed, dangerous. And he protected himself and his mother, that is it.”

‘Home Invasion’

At one point, police issued a news release that called the shooting “targeted” but later removed that from subsequent information.

“Primarily his main concern was that the media was reporting it incorrectly, calling it a targeted shooting. There was no targeted shooting, it was a home invasion. He was protecting himself. He wasn’t targeting anybody,” Mr. Virk said.

The lawyer said his client was a registered firearms owner legally using his gun to protect himself and his mother, but only fired one shot after the men who broke in attacked his mother.

The crown did not indicate why the murder charge was dropped, and did not return an inquiry by The Epoch Times by press time. However, in general principle with any criminal case, government lawyers must first determine if there is a reasonable likelihood of conviction and if proceeding with the case is in the public interest before proceeding to trial.

Mr. Virk told reporters on July 31 that his client is relieved that the charge has been dropped.

“He’s very happy, of course. Finally, he has his life back, freedom back. A heavy burden was lifted off of his shoulders as he was facing murder charges, knowing that if he’s found guilty, he would be going to jail for a very long time,” said Mr. Virk.

He said his client suffered sleepless nights and “a lot of stress,” and was in custody for about nine days in jail when first arrested while waiting for a bail hearing.

“It’s taken quite the toll on him. It’s been a very difficult time,” said the lawyer. He said his client no longer lives at the home that was broken into and remains a registered firearms owner.

The lawyer said the crown “agreed with me that there was no reasonable prospect of conviction given the defence of self defence.”