Farmer to face no action over burglary shooting death

A farmer arrested on suspicion of murder and attempted murder over the death of a 19-year-old who was shot during a burglary in Derbyshire has been released with no further action, police have said.

Marcus Smith was pronounced dead at the scene in Eccles Road, Whaley Bridge, in the early hours of 1 May 2024, having sustained a fatal gunshot wound.

The Crown Prosecution Service (CPS) said the homeowner, in his 50s, discharged a legally held firearm when confronted with burglars in his home.

Police passed a file of evidence to the CPS which, after review, decided no charges would be brought in relation to Smith's death. The man has now been released from bail.

A second 19-year-old, who also suffered gunshot wounds on the same night, was found nearby and treated in hospital.

The CPS added three men "would face proceedings" over the break-in and a burglary at the same property the night before.

Janine McKinney, 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.

"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.

"Our thoughts are with Mr Smith's family and loved ones."

Smith, a resident of nearby Chapel-en-le-Frith, played football for a local team and was a DJ at a pub in the area.

Speaking a year after the shooting, police described the investigation as "complex" and that building its case "does take time".

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