Problem
Read the case study below. Then, imagine that you are a prosecutor and that the following details are also part of the scenario:
1) Edwin was arrested and charged with unlawful entry and attempted burglary.
2) Edwin does not claim to have known anything about the homeowner, including that he thought he was wealthy.
3) In fact, Edwin doesn't remember much about the night before being arrested.
You respond to the home of an 84-year-old male who called 911 to report an intruder and another call about gunshots fired. You were just two blocks away and managed to apprehend an individual climbing a fence adjacent to the home. The suspect is named Edwin and is described as a 32-year-old male who is 6'2" tall and weighs 275 pounds. He admits to spending Saturday evening at the local pub. "I left after the jerk bartender refused to serve me. Said I was too drunk. I wasn't too drunk to climb that fence, was I?" On his way home from the bar, Edwin decided to try robbing the home. "I've seen that old man before. I pass by his house all the time. Looks like he's got a lot of money," says Edwin. He had kicked his way through a back patio door and into the enclosed porch of the residence. "I figured that guy couldn't hear-probably had hearing aids. So, I kept going. Of course, then the crazy old guy's standing in his robe with his gun pointing at me. No way was he going to shoot. Then he shoots!" According to the homeowner, despite being warned away, Edwin continued to break through the door. The owner says that he heard Edwin break into the home. "I have good hearing for my age," says the owner. "But he wasn't trying to be stealthy, it seemed. I called 911 from my bedside phone. Then I grabbed my shotgun. I thought I recognized him from walking by here. I fired that warning shot," said the owner. "I tried to fire into the dirt, through the broken window, so as to not harm anyone with a stray bullet. Then he ran right out the door."
Answer the questions below about this scenarios.
a) What decision would you make as the prosecutor?
b) Explain why the decision is the most appropriate.