Murder charge dropped in case of Milton, Ont., man accused of killing armed intruder

A murder charge that was laid against a Milton man accused of killing an armed intruder earlier this year has been dropped.

The Crown withdrew the second-degree murder charge laid against Ali Mian Monday, saying there is no reasonable prospect of a conviction.

“I thank the Crown for using their reasonable discretion and agreeing to withdraw the charges today,” Mian’s lawyer Jag Virk told Global News on Monday in a statement.

“My client is very happy and thankful,” Virk said. “He’s been under tremendous stress since being charged knowing that if he was found guilty he’d been spending considerable time in jail and he was only trying to protect himself and his mother.”

Mian, a registered firearm owner, was charged after he reportedly shot and killed an armed intruder who broke into his home on Gibson Crescent in Milton on Feb. 19.

Halton Regional Police said it happened at around 5 a.m. and that it’s believed the intruders were intent on committing a robbery.

Mian, who lived in the home with his mother, confronted the suspects and a number of gunshots were fired. When police arrived, they found and identified one of the suspects as 21-year-old Alexander Amoroso-Leacock of Toronto. He was pronounced dead at the scene.

Police made two arrests: 20-year-old Romario Clarke of Oshawa was charged with one count of break and enter and one count of unauthorized possession of a firearm; Mian was charged with murder.

Three other suspects fled the scene.

Virk said shortly after Mian was charged that his client is a registered firearm owner and used his gun legally against an armed intruder. Virk also said Mian should never have been charged with murder for protecting his mother from someone that broke into his home.

“His intention was not to kill the intruder, he only shot at him once,” said Virk in a statement, saying it was a case of self-defence.

Mian was later released on $130,000 bail on a number of conditions, including that he must live with his grandmother, surrender his passport and firearm licence, and not possess any weapons.

In an interview with Global News later on Monday, Virk said there are no further sanctions or restrictions on Mian from the court.

“He was defending himself, defending his mother, and as a result, was charged with murder, arrested, was in custody waiting for a bail hearing for a week and a half,” Virk said.

“So, you know, it’s taking quite the toll on him.”

Virk said his client is “ecstatic” and “very happy” that the charge has been dropped.

“It’s a great burden lifted off of his shoulders, his mother, his whole family, friends — everyone’s obviously very, very happy with the result.”

Virk said he hopes that “to an extent” this is a victory for legal gun owners, but sees it more as a victory for self-defence and being able to defend yourself against intruders.

During a bail hearing in Brampton on March 2nd, the Crown outlined its case against Mian, before consenting to his release.

The Crown alleged that five masked and armed intruders broke into Mian’s home, carrying weapons and items for restraint including zip ties and ropes. Ali Mian, who was licensed to possess firearms, fired shots using a semi-automatic firearm. Two of the intruders physically harmed Mian’s mother.

The Crown told Superior Court Justice Bruce Durno that there was evidence that at least eight shots were fired from Ali Mian’s semi-automatic rifle but there was no evidence shots were fired by the intruder.

Twenty-one-year-old Alexander Amoroso-Leacock, the alleged intruder who was killed, was found in the bathroom in Mian’s mother’s bedroom. The Crown said there were five gunshot wounds on his body. On the floor, police located a loaded 9 mm handgun. The Crown suggested it may have jammed.

The Crown also told the court it was Mian himself who called 911.

Mian, was released on $130 thousand dollars bail. Court heard he had no criminal record and had no outstanding charges before the court.

The family is no longer living at the home where the incident happened.