New jersey man who shot home intruder will not be charged, prosecutor says

MAYS LANDING, N.J. — A homeowner who fatally shot a man during a March home invasion at the Hamilton Green Apartments will not face charges, the Atlantic County Prosecutor’s Office announced following a completed homicide investigation.

Hamilton Township police responded to the residence on March 2 at approximately 7:21 a.m. after receiving a 911 call reporting a burglary in progress. According to authorities, the homeowner told dispatchers that an intruder was inside the home and standing at the bottom of a staircase while undressing.

The intruder, later identified as Kevin Schmalz, 28, of Mays Landing, had reportedly removed all of his clothing and refused to leave after the homeowner fired a warning shot. Schmalz then advanced up the stairs toward the homeowner, who discharged a second shot, striking him in the upper chest. Schmalz was pronounced dead at the scene.

The homeowner told investigators he did not know Schmalz and that his front door had been unlocked at the time. Those details were corroborated during the investigation.

Authorities later determined that Schmalz had likely become disoriented, possibly due to a nearby motor vehicle accident. According to the prosecutor’s office, he had fallen into a creek before entering the residence. Officers found his clothing soaked, and the outside temperature was below 20 degrees at the time.

Under New Jersey law, individuals are not required to retreat when in their own home if they reasonably believe deadly force is necessary to prevent unlawful harm by an intruder.

The Atlantic County Prosecutor’s Office concluded that the homeowner acted within the bounds of that law, citing the sudden and unexpected nature of the encounter.

Prosecutors said, “The intruder refused to leave… advanced up the stairs toward the homeowner.”

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