Tennessee man shoots and kills one of two alleged home intruders; surviving criminal charged with murder of his accomplice

Tennessee police said that a home intruder was charged with the murder of his accomplice after the renter of the home shot and killed him.

An arrest affidavit said that 29-year-old Fernando Diviney and Tadarrius Allen broke into the unit at Cedarwood Apartments in Raleigh at about 3 a.m. on Feb. 14.

The tenant told police that he awoke when he heard glass breaking and saw two men in his bedroom. He shouted at them and began shooting as they rushed to get out of the unit through the window.

Both Diviney and Allen were shot. The Memphis Police Department said that Allen was pronounced dead at the scene by paramedics.

Court documents say that Diviney told police they broke into the apartment in order an attempt to steal a television and Nike shoes. Police said Diviney called Allen his "partner" and allegedly admitted to breaking in to homes to steal property.

Tennessee state law says that a person committing a crime may be charged with murder if an accomplice is killed while participating in that crime.

Diviney was charged with aggravated burglary and first-degree murder during the perpetration of aggravated burglary.

Calvin Mayo, who lives across the street from the apartments, told WHBQ-TV that he was surprised by the crime.

"It's crazy how crime changed from boyhood up to now. I mean, when I was a kid you could sleep with your door open," said Mayo.

Lakeya, a resident of Memphis, told WHBQ that she disagreed with the decision to charge Allen.

"I feel like it's not fair, because the homeowner is the one who shot him and not the friend," she said.

WHBQ reported that the tenant had not been charged and that Tennessee law allows residents to use lethal force if they face imminent threat.

Here's a news report about the incident:

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