Tyron Smith: Police rule out charges against Boulder homeowner ‘who confronted armed intruder’

Police will not press charges against a Goldfields homeowner who fought an armed intruder — who later died from his injuries — because he acted “in a manner which afforded him a number of defences”. Police Commissioner Col Blanch made the announcement on Wednesday, almost two months after Tyron Smith, 20, died at Royal Perth Hospital after he was accused of breaking into the property wearing a balaclava and armed with a machete. Police said Mr Smith became involved in a violent altercation with the man who lived at the house, who was home with his wife and child on the morning of November 29. Mr Smith suffered serious injuries in the altercation while the homeowner suffered an arm injury and lacerations to his hands that required hospital treatment. It is understood CCTV from inside the home showed Mr Smith holding the weapon before the altercation moved to another room. It is believed Mr Smith was critically injured inside that room before police rushed inside and performed CPR. Mr Smith was conveyed to Kalgoorlie Regional Hospital before being flown to Royal Perth Hospital’s intensive care unit, where he later died. On Wednesday, Mr Blanch said Mr Smith’s family had been informed that charges against the homeowner would not be pursued. “The major crime investigation (section) have done a full investigation into this case,” he said. “The decision has been made by WA Police not to proceed with charges. “We have provided our rationale to the family, and unless any further evidence comes forward, that is the decision.” In a statement, WA Police said major crime detectives flew to Kalgoorlie on Thursday last week to inform Mr Smith’s family. “WA Police have conducted an extensive investigation into the circumstances surrounding Mr Smith’s death, which occurred in Boulder on 29 November 2024, following an aggravated burglary and robbery,” a spokeswoman said. “As a result of the investigation, the occupant of the address – who suffered significant injuries – has been found to have acted in a manner which afforded him a number of defences, specifically against home invasion and of self-defence. “The circumstances of which have been conveyed to the family.” Mr Blanch said the public was protected by laws that allow them to defend themselves by using reasonable force when they are worried about being seriously injured or dying. “There are defences to the way you act inside your house if you believe you under threat or threat of your own life,” he told ABC Radio. “There are injuries involved to both parties, obviously, one party sadly deceased. “Now, I don’t think this ever takes away from a family suffering grief and loss of their son. This is really challenging to not only go through the death and the grief, but certainly hear from the police that we are not proceeding. “The evidence is not available for us to proceed to charge, that’s essentially why, we have to assess whether there’s a reasonable prospect of conviction, whether the evidence is there for the charges that we may be able to place on a person, and simply that evidence is not there.” It is understood the family who were confronted by Mr Smith fled Kalgoorlie in the wake of the incident. When speaking to reporters in Kalgoorlie on Wednesday, Mr Smith’s mother Kathleen O’Loughlin said her family had been left “devastated” by the decision. Ms O’Loughlin and her family are now anxiously waiting for final coronial report, which they hope will provide more insight into Mr Smith’s death. When responding to sentiment about the rights of homeowners, Ms O’Loughlin said she supported people defending themselves as long as they acted in self-defence and with reasonable force. “I believe homeowners have the right to defend, but not to an extent (where they take) someone’s life,” she said.

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Tyron Smith: Police rule out charges against Boulder homeowner ‘who confronted armed intruder’