I don't see where grandpa did anything wrong.
In most states anyone has the right to make a citizen's arrest when they see a felony in progress.
In this case a thief claiming out a window would look like a felony to me.
In most cases when making a citizen's arrest you can use justifiable force.and it doers not have to be inside your home.
I did one once when i caught someone in my truck in my yard.
My gun was out of sight till he came out of the truck with a screwdriver(weapon?) in his hand.
I then pulled my gun and held him at gunpoint.
The nice thing about the state i live in and many others you don't need a concealed weapons permit to carry on your own property. you also have the
right to make a citizen's arrest.
This give you the right and way to stop them if they become a immanent threat to your life when they can not leave because you have the way out
the good thing about the US is the cops can arrest you but the DA has to try you and find 12 member of a jury to convict you .
In this case i believe because of the publicy the DA had a good idea that there was no jury that would convict.(jury nullification)
Jury nullification is a constitutional doctrine which allows juries to acquit defendants who are technically guilty, but who don't deserve punishment.
It occurs in a trial when a jury reaches a verdict contrary to the judge's instructions as to the law.
edit on 23-2-2012 by ANNED because: 439563