San Diego ( CNN ) -- Tom Greer is an 80-year-old crime victim who had the absolute right to use deadly force to defend himself when a pair of burglars -- a man and a woman -- broke into his home in Long Beach , California , and began assaulting him . And yet , if there is any justice , the 80-year-old should spend the remainder of his golden years in prison . That 's because he killed 28-year-old Andrea Miller , who begged for her life , telling Greer : `` Do n't shoot me , I 'm pregnant ! I 'm going to have a baby ! '' Not true , according to the L.A. County Coroner 's Office . Miller was not pregnant . But Greer did n't know when he pulled the trigger -- for a second time . The homeowner , who has been robbed before , told police that he returned home one night and found Miller and her accomplice , who has been identified as 26-year-old Gus Adams , trying to open his safe . Greer said they immediately attacked him and threw him to the ground , breaking his collarbone . While the intruders were distracted , Greer got up and retrieved his .22 caliber Smith & Wesson revolver . When Miller and Adams saw he was armed , he said they ran out of the house . Greer told a Los Angeles television station that he pursued the intruders outside and into a nearby alley , gun in hand . First mistake . He told KNBC : `` When the time comes to defend yourself , you best do something . '' But , at this point , Greer was no longer defending himself because he was n't in imminent danger . And he was not protecting his home . Instead , he was stalking his prey . Then , Greer told the television station , he fired on the burglars , hitting Miller in the back . Second mistake . If Greer shot Miller in the back , it makes it hard for him to argue that he was n't in control of the situation and that somehow he felt threatened by Miller . Finally , Greer said with no remorse , as Adams ran off , Miller pleaded for her life and claimed to be pregnant . But Greer fired off another shot anyway , killing her . Third mistake . Since Miller was n't really pregnant , we can assume that she was just trying to save her own skin . Maybe Greer believed her , or maybe he did n't . What matters is this : With the suspect already wounded and bleeding , Greer should have called police and waited for them to arrive . He did n't do that . Instead , he meted out his own punishment . Was that because Greer was angry and frustrated at being victimized and wanted retribution ? If so , that 's not a good excuse for taking a life . Adams has been found and arrested on suspicion of murder for taking part in a crime that led to Miller 's death . His arraignment is scheduled for August 11 . Given that we 're talking about an 80-year-old crime victim who grabbed a gun with the intent to defend himself , there are clearly extenuating circumstances . But they are not enough to let Greer avoid taking some responsibility for killing Miller . He 's a victim , but not a completely innocent one . The fact that he was robbed and beaten does n't excuse everything that happened next . Greer pursued Miller out of his house and into the alley . He shot her in the back . And then , with her lying wounded on the ground and pleading for her life -- and still not clear on whether or not she was really pregnant -- he fired the fatal shot . This was n't premeditated , but neither was it a spontaneous crime of passion . During this entire ordeal , Greer had plenty of time to think about what was happening and how to react . He chose to react by shooting down someone who was no longer fleeing and no longer a threat to him . By firing the fatal shot at someone who was alone , unarmed , wounded , defenseless and pleading for her life , Greer committed a cold-blooded act . Let 's be clear . If you confront a burglar in your home , and you feel your life is in danger , and you grab a gun to defend yourself and kill that person , most reasonable people could consider that to be a justified use of deadly force . This is not that . And it cheapens the right to self-defense to apply that label to what happened here . Because his crime was n't premeditated , Greer should n't be charged with first-degree murder . Second-degree will suffice . And if it is proved in court that he punitively and needlessly took a life , then he should be locked up for the rest of his .
Police say Tom Greer , 80 , shot to death intruder who said , `` Do n't shoot , I 'm pregnant '' Ruben Navarrette : But when he shot her , Greer was no longer in imminent danger . Greer said he shot Miller in the back , then shot her again when she was pleading . He says that is why he fired his gun at her and not a second time as police have claimed. She was not pregnant , but Greer would not have known that at the time .