A farmer won’t face charges after shooting an alleged burglar on his Derbyshire property.
Marcus Smith, 19, of Chapel-en-le-Frith, was pronounced dead at an address in Whaley in the early hours of May 1, 2024.
Rob Lomas, who is in his 50s, confronted the alleged teenage intruder at his remote farm.
Mr Lomas then discharged a legally held firearm at the teenager and was subsequently arrested on suspicion of murder.
Another 19-year-old was injured by gunshot wound in the incident.
Derbyshire Constabulary investigated the shooting and passed a file of evidence to specialist lawyers at the CPS.
After being held on bail for more than two years, the Crown Prosecution Service (CPS) has only now declared it will not pursue criminal charges.
Janine McKinney, the chief crown prosecutor for CPS East Midlands, said: “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.
Rob Lomas will not face charges after teenagers intruded on his property
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GOFUNDME / JOSHUA LOMAS
“This decision has been made in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend [himself]. Our thoughts are with Mr Smith’s family and loved ones.”
An individual can legally use reasonable force to defend themselves, others and property if they are threatened with violence.
Prosecutors have also said three men will now face burglary charges related to the incident and a burglary at Lomas’s property on April 30, 2024.
Mr Lomas’s son Joshua set up a fundraiser to support the family “through this very difficult time” two days after the incident.
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The Crown Prosecution Service said it will not pursue any criminal charges after ‘careful analysis of all the evidence’
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He wrote on GoFundMe: “Rob has the most steadfast loyalty you could ever wish for in a father and friend and has always been there for me, and all of his many friends.
“As every farmer does, he works relentlessly in all weathers, but always makes time for a brew and a friendly humorous chat.”
He added that on May 1, 2024, his father encountered intruders “inside his property” and “had a burglary the night prior”.
Supporters raised more than £60,000 to support the family.
His case echoes Tony Martin’s infamous 1999 shooting of Fred Barras, 16, during a break-in at his isolated Norfolk farmhouse.
His actions sparked a nationwide debate around proportionality.
He was convicted of murder in 2000, but that was later downgraded to manslaughter by reason of diminished responsibility after a diagnosis of paranoid personality disorder.
Martin died last February, aged 80, a few months after suffering a stroke.