Police say they have ‘insufficient evidence’ to charge a homeowner over the death of an armed intruder following a struggle between them.
Western Australia Premier Roger Cook pleaded for Aboriginal people to ‘not raise anxiety in the community’ after the death last month of Tyrone Smith, 20, who broke into a home in the mining town of Kalgoorlie, 600km east of Perth.
Smith, who was wearing a balaclava and armed with a machete, got into a violent struggle with the homeowner, whose wife and child were also at the premises, at about 10.15am on November 29, according to police.
A critically injured Smith was flown to Royal Perth Hospital but died on December 2, while the homeowner was treated in Kalgoorlie Hospital for serious injuries.
Smith’s mother, Kathleen O’Loughlin, who travelled to Perth to be by her son’s side during his last few days, said the family was ‘devastated’ that no charges would be laid.
‘We will not give up on Tyrone and will make sure that we get answers and justice for Tyrone, no matter how long it takes,’ she told Seven.
While Ms O’Loughlin said homeowners have a ‘right to defend themselves’ it was ‘not to an extent (where they) take someone’s life’.
She also said the police investigation of the incident had not been transparent.
Tyrone Smith, 20, died after breaking into a home in the remote city of Kalgoorlie and getting involved in a violent struggle with the homeowner

Smith’s mother Kathleen O’Loughlin said his family was devastated police were not pursuing charges over the incident
‘We are yet to be provided with a full report as to how and why Tyrone’s life was cut short. To date, we have been provided with piecemeal disclosures about what happened in that house,’ Ms O’Loughlin said.
‘There have been inconsistent reports provided by WA Police in Kalgoorlie and Perth, which has been a source of frustration and confusion for our family and has compounded our grief.’
Ms Loughlin previously said she did not sleep for days as she hoped her son would recover.
‘Tyrone was a loving young man who faced challenges but had a big heart,’ she told the National Indigenous Times.
‘He should still be here.’
WA Police Commissioner Col Blanch defended the decision not to lay charges, saying that laws enable homeowners to defend themselves with appropriate force, and there was not enough evidence for a good prospect of conviction.

Western Australia Premier Roger Cook pleaded for people not to ‘raise anxiety’ in the local community of Kalgoorlie (pictured)
‘I don’t think this ever takes away from a family suffering grief and loss of their son,’ Commissioner Blanch told the ABC.
‘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.
‘But the evidence is not available for us to proceed to charge, that’s essentially why.’
Commissioner Blanch said Smith’s family has been informed of the police position.
‘No one’s ever going to be happy when they hear these things and again I can understand the grief of losing a loved one but we have to operate on the evidence that we have available to us,’ he said.
‘I think they understood the evidence that we have available to us and it’s an unpleasant situation for us … and certainly all families involved.’
Immediately following Smith’s death, Mr Cook urged the indigenous community not to ‘jump to conclusions’ and to let police investigate the incident.
‘I understand it occurred as a result of a home invasion, and it was a very violent set of circumstances that then followed,’ he said.
‘I urge everyone, please do not jump to conclusions. Do not raise anxiety in the community.’
A full coronial report into Smith’s death is expected to be made in December, according to the family.
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