A Milton man accused of killing an armed intruder earlier this year had a second-degree murder charge dropped by the courts.
On Monday, the Crown withdrew the charge against Ali Mian based on no reasonable prospect of a conviction.
"I thank the Crown for using their reasonable discretion and agreeing to withdraw the charges today," Mian's lawyer Jag Virk told Global News following the decision.
"My client […] has been under tremendous stress since being charged, knowing that if he were found guilty, he'd be spending considerable time in jail [when] he was only trying to protect himself and his mother."
As a registered firearm owner, Mian reportedly shot and killed an armed intruder who broke into his home around 5 a.m. last February 19. The homeowner confronted the suspects, resulting in several gunshots being fired.
According to Halton Regional Police, the armed intruder and several others intended to commit a robbery.
Halton police identified one of the suspects as Alexander Amoroso-Leacock, 21, who succumbed to his injuries at the household.
Police later charged Romario Clarke, 20, with one count of break and enter and one count of unauthorized possession of a firearm. They charged Mian with murder.
Three other suspects fled the scene.
According to court records, Mian found Amoroso-Leacock, the alleged intruder, in his mother's bathroom.
The Crown said the alleged intruder succumbed to five gunshot wounds, with a loaded 9 mm handgun they suggest may have been jammed.
After the incident, they recalled that Mian dialled 911 to alert the authorities.
Virk claimed Mian only used his gun legally against an armed intruder and that the murder charge should never have been laid against him for protecting his mother against armed intruders.
Court records indicate that two of the alleged intruders physically harmed Mian's mother, though they presented no evidence that they fired their weapons at the homeowners.
"His intention was not to kill the intruder," said Virk in a statement, who claims his client fired in self-defence.
On March 2, Ontario Superior Court Justice Bruce Durno granted Mian a conditional $130,000 bail with the expectation that he lives with his grandmother, surrender his passport and firearm licence, and does not possess any weapons.
Mian had no prior criminal record and had no outstanding charges before the February 19 incident.
"He was defending himself, defending his mother, and as a result, was charged with murder, arrested, was in custody waiting for a bail hearing for a week and a half," said Virk.
"So, it's taking quite the toll on him."