A farmer who fatally shot a teenager accused of breaking into his home will not be prosecuted, officials have confirmed.
Rob Lomas, 52, was detained on suspicion of murder after 19-year-old Marcus Smith was discovered dead at the Peak District property in May 2024.
Officers were called at about 1.20am following reports of a burglary at the farm, which sits on a secluded rural lane in Whaley Bridge, Derbyshire.
At the scene, police found Mr Smith fatally injured inside the property, while a second man was located in the road outside with serious injuries.
The wounded man was taken to hospital for treatment before being arrested on suspicion of aggravated burglary.
A third person was later arrested on suspicion of the same offence after police stopped a vehicle on the A6 near Chapel-en-le-Frith several hours afterwards.
It subsequently emerged that police had also been called to the farm the previous day following reports of a separate break-in.
In a statement released on Tuesday, the Crown Prosecution Service said it had concluded that Mr Lomas should not face charges over the death of “one intruder” and the serious injury of another on his property.
Rob Lomas (pictured) was being questioned on suspicion of murder after Marcus Smith, 19, was found dead at the his property at Mosley Hall Farm
Marcus Smith was found dead after police called to reports of a break-in at a the farm on a remote country lane, in Whaley Bridge, Derbyshire
Derbyshire police had been called to reports of a burglary at the remote Peak District farmhouse the day earlier and then a second raid at 1.20am the next day
Police wearing purple gloves comb the farm outbuildings for evidence at the remote Peak District farmhouse
It said the decision related to an incident at a ‘remote premises near Whaley Bridge, Derbyshire, where a householder discharged a legally held firearm when confronted with burglars in his home’.
Janine McKinney, Chief Crown Prosecutor for CPS East Midlands, said: ‘After careful analysis of all the evidence gathered during the police investigation, our prosecutors have decided that there will be no criminal charges in relation to the death of Marcus Smith or the serious injury of another male.
‘This decision has been made in accordance with our statutory legal tests as prosecutors and the law surrounding the householder’s rights to defend themself.
‘Our thoughts are with Mr Smith’s family and loved ones.’
Three men will face proceedings for burglary in relation to the incident and a burglary at the same property the night before, the statement said.
The law allows individuals to use reasonable force to defend themselves, others and their property if threatened with violence.
Following his arrest, Mr Lomas’s son Joshua set up a fundraiser using the hashtag ‘freethefarmer’.
He wrote: ‘We are raising much needed funds to support our family and my father, Rob, through this very difficult time.
‘Rob has the most steadfast loyalty you could ever wish for in a father and friend and has always been there for me, and all of his many friends.
‘As every farmer does, he works relentlessly in all weathers, but always makes time for a brew and a friendly humorous chat.
‘During the early hours of the 1st May, Rob encountered intruders inside his property, having had a burglary the night prior also. Further details are available online and I won’t duplicate.
‘Rob, Kate (his partner) and I now need help in the coming weeks. That’s why we need your kind and extremely valuable help.’
Mr Smith was a former pupil at Chapel-en-le-Frith High School and a footballer who had played for local club Chapel Town FC.
Tributes were paid online after his death with friends describing him as the ‘loveliest boy’ and ‘sweet and polite’, and someone who ‘lit up every room he entered’.
The case echoes that of Tony Martin, the farmer who shot dead a teenage intruder at his isolated Norfolk home in 1999.
Martin was jailed in 2000 for the murder of Fred Barras, 16, and for injuring 29-year-old Brendon Fearon in the same incident.
He was released three years later after the conviction was reduced to manslaughter.
The shooting at Martin’s farmhouse in Emneth Hungate, known as Bleak House, caused a national debate over homeowners’ rights.
Mr Martin died last year at the age of 80.
