Murder charges unlikely in shooting of robber at marijuana grow house 

The Bayview district man who fatally shot one of three armed robbers who broke into his home last week likely won't be charged with murder because he appeared to have been defending his family, said Police Chief Greg Suhr.

However, an investigation into the incident is ongoing after police discovered the burglars might have been targeting an illegal marijuana-growing operation on the property, which is occupied by the 37-year-old man, his 31-year-old wife and their two children, police said.

The shooting unfolded about 2:30 a.m. June 24 when three robbers reportedly pried open the door to the home, which is above an automotive shop on Elmira Street near Industrial Street. At some point, police said, one of the robbers shot the man in the leg and the woman in the chest.

Both parents are expected to survive and their children were not harmed, Sgt. Dennis Toomer said.

During the incident, one of the robbers was shot after the father — who has not been identified by police — managed to wrestle away control of a gun, Toomer said.

The robber, identified by the Medical Examiner's Office as 24-year-old San Francisco resident James Smith, died at a hospital the same day, Suhr said. The other two suspects, described only as men in their 20s, fled and have not been found, Toomer said.

While Smith's death is considered a homicide, Suhr doesn't believe the case will involve murder charges.

"We expect that particular homicide to be self-defense," Suhr said during last week's Police Commission hearing.

An investigation is ongoing into the home invasion and marijuana grow, but no one has been booked in connection with the operation, Toomer said.

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