SPOKANE COUNTY, Wash. — The suspect in what deputies describe as an attempted car theft, remains in the hospital.
He was shot by the Jeep's owner, who chased after him on Friday night. The owner, who fired his gun, was not charged.
One attorney said the case has a fact pattern similar to an incident from 10 years ago. In that case, a jury found the defendant not guilty after shooting and killing someone during a car theft. Instead, they called it self-defense.
Ten years ago, Gail Gerlach shot and killed someone in the process of stealing his SUV.
"It went to a jury trial, and I didn't litigate that case, but the jury acquitted under the theory of self-defense," Timothy Note, a criminal defense attorney with Note and Kidd PLLC, said.
Note, who wasn't involved in that case or the current one from over the weekend, agreed to talk with KREM 2 about Washington Law and use of force, saying the two cases do appear to have similar circumstances.
In the most recent case, the Spokane County Sheriff's Office said a Jeep was stolen near Nine Mile Falls at around 8:40 p.m. Friday night.
Deputies said the Jeep's owner followed the suspect in another car and shot the man. Deputies interviewed and released the owner, but Note said that might not be the end of it.
"The fact that they didn't arrest the shooter at that moment in time doesn't mean that this case is over," Note said.
According to Washington State Law, a person won't be punished for protecting his or her property by any reasonable means necessary.
While KREM 2 is not aware of any claims of self-defense in this case so far, Note said that could be possibilities as deputies continue to investigate.
"If the fleeing thief turned the Jeep into a weapon, you can use a weapon to defend against a weapon," Note said.
Note also emphasized cases like this take time before more information is found.
Corporal Mark Gregory with the Spokane County Sheriff's Office said he cannot comment on an ongoing case, but he did reference a Washington State law regarding use of force.