Matthew Pinkerton (left)  was arrested in Maryland for 2nd degree murder for killing a man during a home invasion

Matthew Pinkerton (left) was arrested in Maryland for 2nd degree murder for killing a man during a home invasion

“Why didn’t you call 911?” This is the only argument the State of Maryland has against Matthew Pinkerton. Matt is a Technical Sergeant in the U.S. Air Force. He shot and killed a home intruder by the name of Kendall Green, just before 2 a.m. on September 15, 2013 in the town of Glen Burnie, Maryland.

As reported by the Capital Gazette:

“Pinkerton shot Green once in the chest from 10 to 15 feet away, but Green continued to advance toward him, his wife Jessica and two friends who were at the house, [Peter] O’Neill (Pinkerton’s attorney) said. That’s when Pinkerton shot him again. He died at the scene.”

The state has charged Matthew Pinkerton with 2nd Degree Murder. Their sole basis for this charge is that he should have called 911. There is no nationwide average response time for a 911 call, however unless they are faster than 1,310 ft/s, there really is no point in calling 911 in the case of a hostile home invasion. While the Assistant State’s Attorney, Glen Neubauer, maintains that he should have called 911, and that even the act of grabbing the gun in the first place is “bizarre behavior in itself,” Pinkerton’s lawyer, Peter O’Neill, said it best when he acknowledged that, “By the time 911 is called, he’s dead.”

Even the judge presiding over the case, the Honorable Judge Jonas Legum of the Maryland Circuit Court, admits that he finds it “amazing” that the probable cause statement provided to him by investigators is only a scant two pages long, with only two sentences pertaining to the shooting.