A man protecting his heavily pregnant wife from three masked invaders carrying axes was initially charged with murder. Here’s the full, untold story.

The sun had not come up at 4.18am when a Melbourne woman who was eight months pregnant slept inside the front bedroom of her home.

Her partner was sleeping in the backyard of the Donnybrook property when three masked men carrying axes smashed through the bedroom window.

The woman, terrified for her life, sprung out of bed and crouched in the corner of the room.

She was not safe there. An axe struck her in the leg as she screamed out: “I’m pregnant.”

Joseph Romano, 20, was one of the intruders ‘on the morning of January 7, 2024.

The high-school drop-out, who tried his hand at an electrical apprenticeship before falling in with the wrong crowd, wore all black, including a ski mask and a hood over his head.

In the ensuing moments, as the woman screamed for help, her partner ran inside. He wrestled a gun from one of the men before five shots rang out.

Two of the men were hit, including Romano, who took a bullet to the chest and suffered lethal injuries to the heart and lung.

Armed with a gun, they got what they wanted. Three dangerous thugs make their escape

Forensic officers in front of the smashed bedroom window at the site of a fatal shooting in Donnybrook. Picture: David Crosling
He died on the nature strip of the home, 47km north of the Melbourne CBD. Police who arrived at 4.35am found him “on the ground wearing black clothing, gloves, and a mask with his face exposed showing his mouth, nose, and eyes”.

Victorian Coroner Paresa Antoniadis Spanos handed down her findings of an inquest into Romano’s death last week, revealing new details about what led to the home invasion and how the homeowner was initially charged with murder.

“During his teenage years, Mr Romano became involved with unsavoury individuals despite his family’s attempts to guide him away from those negative influences,” Spanos wrote.

“According to Victoria Police, Mr Romano had no previous criminal convictions, however there was suggestion he was involved in significant criminal offending, including but not limited to, extortion, assault, and arson.”

The inquest found that when Victoria Police arrived, they recovered three axes — one in the front bedroom and two in the front yard.

“Police also found messages on encrypted messaging app Signal in Romano’s phone showing the group had planned the home invasion, including the purchase of “clothes, gloves, axes and a fuel can”.

Two people suffered gunshot wounds. Romano died on the nature strip of the property on January 7, 2024. Picture: David Crosling
“A chat between Mr Romano and an unknown person indicated Mr Romano would be provided with a firearm; he later confirmed possession of the same.”

The pregnant woman who was struck with the axe gave a statement to police. It was included in Spanos’ findings.

“I remember that I could see that they were all dressed in black as they came through the window,” she wrote.

“I’m sure but I think that they ripped the blinds down and I know that they would have had to climb over the bed head to get into the bedroom.

“All I remember is that there was at least three persons dressed in black with masks and hoods and I could see that they had weapons.

“I don’t remember what type of weapons they all had, and even though the lights in the bedroom were off, I could see from the outside streetlights that they all had weapons. I remember getting hit on the left leg just below my knee with something, but I was screaming to them as they came in that I was pregnant.

“I had, I think at least two standing over me and one of them touched my shoulder and held me and said ‘shoosh we’re not going to hurt you’. I remember that there was another one in the room, but I can’t remember if he was standing over me as well.”

A bullet from the scene of the fatal shooting. Picture: David Crosling
Her partner, who fired the shot that killed Romano, told police: “This person that was closest to me was the one with the — with the first gun I could see.

“So he’s flung around. I’ve sort of grabbed the gun. I could see them sort of on top of (my partner), and then I’ve just, yeah, just let off shots. I’ve just stepped back and let off shots.”

The homeowner was initially charged with murder in relation to the incident “however the prosecution did not progress due to the opinion of prosecutors that there were no reasonable prospects of a conviction,” according to Spanos’ findings.

Under Victorian law, homeowners are allowed to defend themselves during a home invasion. But the amount of force they use must be proportionate and reasonable to the threat they face.

A person is not criminally responsible if they genuinely believe their actions are necessary to defend themselves or another.

There is a push, however, to introduce laws to increase the rights of homeowners. The push is, in part, due to an increase in the number of home invasions in Victoria, driven in large part by young, recidivist offenders.

The demand for an overhaul of self-defence laws in Victoria is being led by Libertarian MP David Limbrick.

The home invasion had been planned using the Signal messaging app, according to the coroner. Picture: David Crosling
“Law-abiding Victorians still have no means to protect themselves,” he wrote on social media.

“The government still insists that all the good people in Victoria, that do no crimes and cause no or harm to anyone, are forced to remain completely defenceless and rely on police.”

More than 20,000 Victorians have signed a petition calling for the Victorian Government to change Victoria’s self-defence laws.

The petition, sponsored by Mr Limbrick, compares Victoria’s laws to those in the UK.

“In the United Kingdom, there are special provisions for self-defence in a person’s home, where people only contravene the law if their actions are considered grossly disproportionate,” it reads.

“This recognises that people have more at stake in defending their own home than they would in public. Australian law does not recognise this distinction.

“Concerned community members believe that current self-defence provisions don’t sufficiently allow people to protect themselves, their loved ones, and property from unlawful intruders.”

News.com.au wrote about home invasions and youth violence in Victoria and Queensland last year. Almost 4000 people responded to one story, demanding so called “Castle Law” — a legal principle that allows individuals to use reasonable force in self-defence within their homes.

Below is a snapshot of that feedback.

– “It time to take these matter into our own hands. If the government can’t protect us then its up to us to protect ourselves.”

Police with a man in Donnybrook after the home invasion.
– “Victims of crime should not be blamed for defending themselves against intruders. They should be legally entitled to self protection since police doesn’t do their job properly.”

– “Castle Law is a must and everyone should arm themselves. Any force necessary to defend and protect own family and home should be acceptable by the castle law as self defence.”

“I’m not waiting for Castle Law, you enter my home unannounced, will be either your last breath and last time you walk. I don’t care, I will protect my family at all costs.”

– “If the governments fails to keep its citizens safe then it’s up to the citizens to protect themselves without fear of prosecution.”

– “A person’s home should be a sanctuary. You shouldn’t have to wait to see if they are violent intruders to decide what level of force you are legally permitted to use to protect yourself or your family.”

– “Castle Law. We can solve the problem ourselves.”

– “I’d rather be judged by 12 than carried by six.”

– “As a mum of a young child in Victoria, I live in constant fear. It’s heartbreaking to feel this way in my own country. As an Australian, I feel I have no rights to protect myself or my family if someone were to break into our home — instead, I’d be the one punished for trying to defend us. I used to reassure myself that something like that would never happen to me, but now my mindset has changed. It’s no longer ‘if’ it happens, but when.”

In her findings, Spanos wrote that Romano “chose to be involved in the home invasion, and his own actions ultimately contributed to his death, he was nevertheless a relatively young man with a life to live, and his death weighs no less on his family”.

“I convey my sincere condolences to Mr Romano’s family and friends for their loss,” she wrote.