No charges for home's occupant

The man who shot two intruders as they invaded his home 'was defending his life,' police say

DURHAM -- Durham police said the man who shot two men who broke into his home early Wednesday was protecting his family and will not be charged.

Investigators have consulted with the District Attorney's Office on the shooting at 3301 Dearborn Drive, and the initial evidence points to self-defense, Sgt. Jack Cates said.

"This man was defending his life," Cates said. "I think probably if he had not had a gun, he would have been [killed], as well as the female in the house, and possibly the baby. ... Nobody won in this case."

The incident happened at 1:40 a.m. Wednesday, when the man and woman were at home with their 15-month-old son, police said. Two men, at least one carrying a firearm, kicked in the door, police said. The resident grabbed his gun and shot both intruders, police said.

One intruder, whom police identified as Rondelle Mincey, 20, of 1435 Newcastle Road, died in the house.

The second, identified as Rashaad Cox, 19, was injured and escaped, only to show up at Duke Hospital minutes later for treatment of a gunshot wound, police said. Cox, a felon, has since been charged with armed robbery with a dangerous weapon, first-degree burglary and cocaine possession.

Police have not released the name of the resident who shot the intruders, but arrest warrants for Cox identify the man who was at home at the time of the break-in as Umar Evans, 27. Cates would not confirm that Evans was the man who fired the gun. Public records in Durham County indicate that Evans does not have a gun permit.

The family is planning to move immediately, Cates said. Relatives of Evans said Friday he was not available for comment.

Efforts to reach Mincey's relatives also were unsuccessful Friday.

Court records show Mincey, who died just two days short of his 21st birthday, has addresses in Tarboro, Rocky Mount and, recently, Raleigh and Durham.

It took police three full days to release his name because he was not carrying identification, police said. Cox initially denied knowing him, and when police notified the family, they refused to believe the young man was dead.

Police took an extra step to assure the family Mincey was dead, taking fingerprints from the dead man and comparing them with fingerprints from Mincey that were already on file, Cates said.

"It was just that one extra step we took to assure them we had the right person," he said.

Investigators aren't sure why the two burglars chose the single-story brick house at Dearborn Drive and Ader Street as a target, Cates said. Maybe it was as simple as taking two Mercedes-Benz sedans parked outside as a sign that more valuables were inside, Cates said.

With the surviving suspect remaining quiet, investigators may never know, Cates said.