NJ homeowner cleared of charges in deadly ‘stand your ground’ shooting of naked intruder

HAMILTON (Atlantic) — A township homeowner will not face criminal charges after shooting and killing a naked intruder in a bizarre home invasion four months ago.

The morning of March 2, Hamilton Township police responded to Hamilton Greene Apartments for a report of a burglary in progress.

In a 911 call just before 7:30 a.m., the homeowner said the intruder was at gunpoint, standing at the bottom of a set of stairs.

The homeowner had fired a warning shot, but the intruder still refused to leave, as he removed his clothes inside the stranger’s residence.

As the 30-year-old intruder began to climb the stairs, the homeowner fired once more, striking the man in the chest, killing him.

At the time of the incident, the homeowner told police his front door was not locked.

The intruder was later identified as Mays Landing resident Kevin Schmalz.

Disturbing turn of events

Investigators found that Schmalz had become disoriented either before or after being involved in a nearby motor vehicle accident that morning.

Schmalz’s brother lives in the same housing complex, and Schmalz appears to have tried to walk there but fell into a creek.

At the time of the incident, the outside temperature was below 20 degrees.

Police said the clothing he stripped off inside the stranger’s home was still wet when first responders arrived.

Under state law, unless being the initial aggressor, a person is not obligated to retreat from their own home when there is a reasonable belief that deadly force is immediately necessary for self-defense when faced with a sudden and unexpected intruder.

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