‘Evidence is not there’: Police rule out charges after homeowner kills home invader

The family of a 20-year-old home invader who was killed after breaking into a house has vowed to continue to fight for “answers”.

The family of a 20-year-old who was killed after breaking into a house in the Kalgoorlie suburb of Boulder late last year is searching for answers after police announced they would not be pressing charges.

Tyron Smith was killed in an altercation with the homeowner after he broke into the house in November 29 last year.

Smith, who was armed with a machete and wearing a balaclava during the home invasion, got into a violent struggle with the homeowner.

The homeowner was seriously injured, but Smith died days later on December 2 in Royal Perth Hospital.

Tyron Smith was killed after breaking into a home in Kalgoorlie. Photo: Channel 7

Tyron's mother Kathleen O'Loughlin. Photo: Channel 7

Western Australian police commissioner Col Blanch spoke on ABC Radio Perth to confirm no charges would be laid over the fatal incident.

“There are defences to the way you act inside your house if you believe you are under threat,” he told ABC Radio Perth.

“We have to assess whether there’s a reasonable prospect of conviction, whether the evidence is there for the charges.

“Simply, the evidence is not there.”

Commissioner Blanch called the case “unpleasant” for all parties involved, adding he had already spoken with Mr Smith’s family.

“I think they understand the evidence available to us,” he said.

“I don’t think this takes away from a family suffering grief and the 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.”

Police commissioner Col Blanch. Photo: Channel 7

Speaking to media on Wednesday, Mr Smith’s mother Kathleen O’Loughlin was furious with the outcome.

“We are devastated to learn that no charges will be laid against the homeowner,” Ms O’Loughlin said.

“We are yet to be provided with a fulsome 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.

“We will not give up on Tyron and we will make sure we get answers, no matter how long it takes.”

Smith's family are demanding answers. Photo: Channel 7

Ms O’Laughlin said ”there is nothing we can do” as the family wait for answers from the Coroner’s Court about any potential next steps.

Ms O’Loughlin said she believed homeowners have a “right to defend themselves but not to an extent (where they) take someone’s life”.

She also had some strong words for the WA police force.

“We feel that police and detectives are not doing their jobs properly,” she said.

“We want a better outcome for the family.”