The state's attorney for Carroll County has ruled that a Finksburg man who wounded two of three friends who tried to break into his home in May was justified in shooting them.
Donald W. Talbert Sr., 37, acted within the law governing use of deadly force and will not be charged, State's Attorney Jerry F. Barnes said Friday.
Barnes said he had reviewed police reports and interviewed Talbert, his wife, other witnesses and the victims, David W. Cole, 24, and Mark R. Krebs, 24.
All lived in the trailer park in the 3200 block of Murray Road.
According to investigators, Talbert was asleep at 1: 20 a.m. May 26 when three intoxicated men came to his door.
"They were yelling, beating on Talbert's door and persisted," Barnes said.
Talbert punched one of the men, but they continued to try to enter his trailer, Barnes said.
After his children began screaming and his wife was knocked down in the doorway, Talbert picked up a .22-caliber pistol and fired, striking two of the men.
The third man, who was not wounded, has not been identified by police.
"We certainly do not want to advocate the use of deadly force," said Barnes, "but in this instance, Mr. Talbert was acting in fear for the safety of his family and home, and [the shooting] was justifiable."
Barnes said he decided not to charge the victims with assault after Talbert asked him not to.
"He is very remorseful," Barnes said, "and they are his friends."
Pub Date: 8/04/97