Home invader shot dead in pot grow house

Police are investigating a Monday morning shooting inside a downtown duplex near Oakland’s Chinatown, where an armed intruder and a dog were shot and killed.

This was Oakland’s 68th homicide of 2012.

Police spokeswoman Johnna Watson said that the shooting was reported at 4:40 a.m. just two blocks from police headquarters near 7th and Webster.

Watson said a resident shot and killed one of three suspects who broke into his apartment. The other two suspects are still at large.

When police arrived, they discovered marijuana plants growing inside the downstairs unit and questioned the resident.

The resident, whose name was not released along with that of the slain man, provided paperwork to show that the operation was legal.

Police also said the resident’s dog, a chocolate Labrador, was killed, but a second dog survived.

Police Lt. Kevin Wiley, however, said that investigators must confirm some documents in order to verify the operation’s status:

“Just because you have a piece of paper doesn’t necessarily mean it’s legitimate.”

Wiley said police can’t confiscate anything if the marijuana operation is legal.

According to the Merc, legal medical marijuana grow houses in Oakland are allowed to have three pounds of dried marijuana, 72 indoor plants and 20 outdoor plants on site.

Police did not comment on the weapons used or whether the resident will face charges in the shooting.