Rob Lomas, a farmer in his 50s, will not face criminal charges for shooting dead 19-year-old Marcus Smith during a burglary at his farmhouse in Whaley Bridge, Derbyshire, in May 2024. The Crown Prosecution Service (CPS) announced the decision after a thorough review of evidence, citing the householder's legal right to self-defence.
Background of the Incident
Police were called to reports of a break-in at the remote farmhouse in the early hours of May 2024. Upon arrival, they found Smith, a local footballer for Chapel Town FC, dead from a single gunshot wound. Another 19-year-old man was found nearby with gunshot wounds and was taken to hospital before being arrested. Lomas was arrested on suspicion of murder and released on bail pending investigation.
CPS Decision and Legal Reasoning
Janine McKinney, chief crown prosecutor for CPS East Midlands, stated: 'After careful analysis of all the evidence gathered during the police investigation, our prosecutors have decided that there will be no criminal charges in relation to the death of Marcus Smith or the serious injury of another male. This decision has been made in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend themself.'
The CPS confirmed that Lomas discharged a legally held firearm when confronted with burglars inside his home. He has been released from bail with no further action.
Community Reaction
Neighbours described the incident as a 'burglary that went wrong.' One neighbour said, 'The farm is in a remote location, quite deep in the valley and set back from the main road. I suspect it was an opportunistic burglary that has gone wrong.' Another added, 'Obviously, it’s shocking when something like this happens on your doorstep. This is normally a sleepy, little town.'
Ongoing Investigations
Derbyshire Police confirmed that three men arrested for burglary at the same property remain on bail. Smith's mother posted a photo of her son on Facebook, which attracted numerous condolence messages. The CPS extended thoughts to Smith's family and loved ones.
