jail time

Business Owner Charged with Assault After Stopping Alleged Burglar

A 45-year-old Minnesota man’s attempt to stop a burglary of his own business landed him jail time and a charge for second-degree assault with a deadly weapon. Reporters for CBS Minnesota requested comment from Attorney Joe Tamburino, a partner at Caplan & Tamburino Law Firm who is not affiliated with the case.

The incident in question happened on the morning of November 2, 2021, when Christopher Nicholas Kilburn discovered that his Brooklyn Park business had been burglarized and one of his vehicles stolen. He told police that he tracked his vehicle to the intersection of North Lowry and Dupont avenues. There, he saw the alleged burglar sitting in the driver’s seat of the stolen vehicle.

According to Kilburn’s police statement, he ordered the alleged burglar to exit the vehicle at gunpoint. When the man did not comply, Kilburn physically pulled him from the driver’s seat and struck his head with the gun. The man attempted to run away, but Kilburn chased him. After yelling at the man to stop, Kilburn fired a single shot at him, hitting him in the hand. The man then tripped and fell; Kilburn restrained him and, finally, called the police.

“If [Kilburn] had the evidence, which it seems he does, that this alleged victim burglarized his business, yes, he can go and try to do a citizen’s arrest,” Attorney Tamburino said of the events that unfolded that November morning. “But he has to only use reasonable force.”

Kilburn’s case is still in progress, but it begs the question: How much force can a person use when trying to retrieve their property?

“A person in Minnesota is allowed to use force to get their property back, but it has to be reasonable force,” Attorney Tamburino explained. “You can’t use deadly force. So for instance, you couldn’t kill someone because they stole your car.”

With carjackings and crime on the rise in Minneapolis, it is crucial to know what rights an individual has when retrieving stolen property. To learn more, read the full article on the Kilburn case here: minnesota.cbslocal.com/2021/11/04/christopher-kilburn-brooklyn-park-burglar-assault.

To get in touch with Attorney Joe Tamburino or another member of our legal team at Caplan & Tamburino Law Firm, contact us online or by phone at (612) 444-5020.

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