Warrants: Father cites self-defense

Published: July 2, 2010 

— Search warrants released Thursday show that an Apex man was fatally shot last weekend by his father, who told police he was acting in self defense.

Benjamin Lloyd Hamilton, 29, was found dead Sunday morning in his parents' home at 5625 Windlake Court southeast of Apex. Search warrants show that Linwood Hamilton, who has not been charged, says he fired the fatal shot after his son broke into the home and threatened violence.

Linwood Hamilton said he and his wife were backed into their bedroom by their son. He shot his son with a shotgun, according to a search warrant.

Investigators said they determined that Benjamin Hamilton had broken into the residence, damaged property and communicated threats.

The search warrants describe Benjamin Hamilton as having "violent tendencies in the past against his father."

Benjamin Hamilton had been charged with two counts of breaking and entering in connection with break-ins at his parents' home and his father's business, Hamilton Machine Work, at 908 Withers Road near Apex. In the May incident, deputies overheard Benjamin Hamilton saying, "If I have felonies, it'll be the last breath you take."

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