2/28/06
Miami, Florida
From the NBC6.net of February 28, 2006
Police: Man Shoots, Kills Person Trying To Rob Him
A man shot and killed another man trying to rob him at a gas station early Tuesday morning, according to Miami-Dade County police.
Police said the victim was approached by an armed man at a BP gas station on West Dixie Highway at about 4 a.m.
Gas station employees said the robber was a 22-year-old man who went by the street name "S.P."
A witness said S.P. came into the parking lot, saw the victim wearing a gold chain, pulled a gun and demanded that he hand over the chain, NBC 6's Jeff Burnside reported.
The victim was also carrying a gun. Police said he shot and killed the robber during a confrontation.
Police found evidence that bullets were flying everywhere, from both the robber's and the victim's guns. The gas station owner, Cesar Gaiton, said a cashier counted at least seven shots, some of which hit the food store.
"She was screaming. When she called me, I said, 'Hello.' She was screaming, 'Somebody shot somebody in his face,'" Gaiton said.
"From what we gather at this point is that he did have a permit for the firearm. He did utilize the firearm, at this point, from what it seems, in self-defense. But, that's why the interview process and all the information gathering remains the same, like any other case," said Alvaro Zabaleta, of the Miami-Dade County police.
The victim was taken to Miami-Dade Police Department for questioning.
Detectives believe the robbery attempt was random and the shooting was apparently in self-defense. An investigation continues.
Labels: FL, home invasion, residence robbery, street robbery
Lawrenceville, Pennsylvania
From the Pittsburg Tribune-Review of February 28, 2006
No charges in fatal tavern shooting
A security guard who fatally shot two people while being attacked by a mob inside a Lawrenceville tavern last year cannot be charged with the deaths, Allegheny County District Attorney Stephen A. Zappala Jr. said today.
The guard, identified Tuesday as Gregory Stewart, 30, opened fire in self-defense early May 7 inside J&K's Place after being assaulted with objects thrown by an unruly crowd, including a bottle thrown by Aaron Alston, 23 of Garfield, Zappala said during a news conference announcing his decision.
The first bullet struck and killed Alston. A second bullet hit bartender Janice Kemp, 63, who ran the bar.
Although Kemp, who died several days later, was an innocent bystander, Stewart cannot be charged with her death due to a 1998 state Supreme Court ruling in a similar case in Easton, Zappala said. Once someone begins shooting in self-defense, the court ruled, the shooter is not criminally liable for injuries to others nearby.
"That's the law of Pennsylvania, which we will follow," Zappala said.
Zappala made his announcement 30 minutes after his office filed with the court a report written by an investigating grand jury that looked into the deaths. The grand jury, after hearing from 18 witnesses, recommended that no charges be filed, based on the Supreme Court ruling.
2/27/06
Muncie, Indiana
From the Muncie Star-Press of February 27, 2006
Homeowner shoots at, captures burglary suspect
The Muncie man in custody has two burglary convictions and was most recently released from prison in November.
Brian Stevenson is not Doc Holiday, but the gun owner’s quick draw stopped a man who invaded his home Saturday night.
“I could shoot a fly across the room like it ain’t nothing,” said Stevenson, an avid marksman. “I don’t know how I missed the guy. It never really crossed my mind that I would actually shoot toward a human being.”
Stevenson fired one shot from his 9mm handgun at William Tyrone Griffin Jr., 40, 302 N. Hackley St., after the twice-convicted burglar climbed through an unlocked window at Stevenson’s home at Shipley Avenue and Eighth Street, according to court documents.
The shot sailed high into an exposed board in a storage room, but gave Stevenson enough authority to order Griffin to the ground until police arrived five minutes later, he said.
Stevenson, who works as a security guard, said he believed Griffin was armed, though he later found out he only had a cigarette lighter.
Stevenson’s wife, 6-year-old daughter and 7-year-old son were inside at the time. The children miraculously slept through the ordeal.
The burglary happened about 10:30 p.m.
Five months ago another man broke into the house while Stevenson was gone and woke his wife up to ask her to lend him money.
Police later arrested a man on charges of residential entry, Stevenson said.
Looking back, Stevenson said he is glad he did not hit Griffin and that everyone was unhurt.
“There’s something wrong with him to do something like that and not know if I was home or not,” Stevenson said.
Griffin was preliminarily charged with burglary, a class B felony carrying a maximum 20-year prison term. He told authorities he intended to steal items that he could sell for drug money, according to court documents.
He remained in Delaware County jail Monday night without bond.
Griffin has two prior burglary convictions and was released from prison in November after serving time for burglary and impersonating-a-public-servant convictions.
Labels: IN, residence burglary
Mansfield, Ohio
From the Mansfield News-Journal of February 27, 2006
COURT DISMISSES SHELBY DOCTOR FIREARM CASE
The criminal case against a Shelby doctor accused of firing a handgun at two people was dismissed this morning.
Omar F. Guimaraes, 46, of 2107 Rock Road, had been charged with aggravated assault with a firearm specification for an incident Sept. 19, 2004.
Richland County Assistant Prosecutor John Baker asked Common Pleas Judge James Henson to dismiss the charge because of inconsistent witness statements.
Jesse Bishop of 371 Pinehurst Drive reportedly was meeting Ryan S. Maurer of Shelby to go to a friend’s house and backed into Guimaraes’ driveway to wait.
The Guimaraes family had been having problems with vandalism and harassing phone calls. Guimaraes and his wife were outside to get the license plate of possible vandals when the shooting occurred.
Guimaraes fired several shots at the vehicle but said he did so in self-defense because he feared the driver was trying to run down him and his wife.
Healdsburg, California
From the San Francisco Chronicle of February 27, 2006
Homeowner shoots 'ninja' who attacked wifeFrom Sonoma-County.org of May 2, 2006
An armed man wearing a black, ninja-style mask was shot to death by a Healdsburg man this morning after he attacked the man's wife outside their home and chased her inside, police said.
The shooting happened about 7:30 a.m. at the end of Sunset Drive, a semi-rural street on the east side of town.
The woman was about to take the couple's two Wheaton terrier dogs for a walk when the masked man jumped her outside her garage, police said. The woman struggled, broke away and ran screaming into the house, with the attacker in pursuit.
Her screams awoke her husband. The man, whom police identified only as a man in his 60s, "grabbed their handgun, probably a .357 ... and fired more than one shot," Police Chief Susan Jones said.
The intruder "had what looked like a firearm in his hand," Jones said. He died at the scene. His identity has not been released.
"The husband is fine. He's uninjured," Jones said. "The wife is being treated for a head injury that she sustained sometime during the struggle, but she's going to be fine."
Jones said the intruder may have been hiding behind some garage cans, waiting for someone to emerge from the home.
The chief said the incident "is completely out of the blue" for the town.
"Actually, our crime has been down this year. This is really unusual," she said. "It's really frightening if this is a random act."
HOMICIDE RULED JUSTIFIABLE IN HEALDSBURG HOME INVASION
District Attorney Stephan Passalacqua announced today that his office has reviewed reports submitted by the Healdsburg Police Department and it has been concluded that Louis John Phillips was justified under the law when he shot and killed intruder David Edward Ferguson.
Ferguson attacked Mr. Phillips’ wife outside their Healdsburg home during the morning of February 27, 2006. Ferguson was dressed in black clothing, wore a mask, and held what appeared to be a firearm. Mrs. Phillips broke from his grasp and ran into her home while Ferguson pursued her. When she was in the home, her cries for help awoke her husband.
Hearing his wife’s screams, Mr. Phillips armed himself with a revolver and cautiously approached the front door area of the residence where he observed the masked intruder in the home with one arm around his wife’s neck and shoulder and a gun in his hand . Once he believed he had a clear shot, Mr. Phillips fired his weapon, striking Ferguson. After being shot, Ferguson turned toward Mr. Phillips while he still had Mrs. Phillips in his grasp. Mr. Phillips fired his revolver two more times, again hitting Ferguson, this time causing him to collapse. The weapon in Ferguson’s possession was later discovered to be a Gamo P-23 CO2 pistol that shoots single shot pellets.
Under the law, one who reasonably believes that he is defending himself or another in his home against someone who tries to commit a forcible and atrocious crime such as murder, rape, or robbery, reasonably believes the danger is imminent, reasonably believes the use of deadly force is necessary and who uses no more force than is reasonably necessary to defend against the danger, is justified in killing an intruder.
The District Attorney concluded that Mr. Phillips acted reasonably under the circumstances that were known to him at the time and that a reasonable person in a similar situation with similar knowledge would have believed the amount of force used was necessary.
District Attorney Passalacqua stated, "This was an extremely frightening, dangerous and traumatic experience for any homeowner and a tragedy for all concerned."
Labels: assault, CA, home invasion
Winchester, Indiana
From the Muncie Star Press of February 27, 2006
Suspect named in Randolph home invasion
Winchester police have publicly identified a man they believe was shot after forcing his way into a local home, but formal criminal charges in the case have not been filed.
According to police reports, Vincent Osborne, 28, Geneva, was shot in the left hand after entering a home in the 200 block of West Orange Street about 6 p.m. on Feb. 10.
Police were called to a report of a burglary in progress at the address, and arrived to find a man, later identified as Osborne, fleeing on foot.
Officers gave chase, and eventually subdued Osborne by using a Taser gun, sending an electrical charge into the suspect's body.
Authorities then determined Osborne was suffering from a gunshot wound in his left hand. He was taken to St. Vincent Randolph Hospital for treatment.
Police released details of the apprehension on Feb. 13, but at that time declined to release the suspect's name.
The police detective assigned to the case has recommended Osborne be charged with residential entry, battery with injury and resisting law enforcement. However, the Randolph County prosecutor's office had not filed formal charges as of Friday.
Osborne is reportedly a former Winchester resident. Court records don't reflect any previous charges against him in Randolph County courts.
Labels: home invasion, IN, residence robbery
Salisbury, Maryland
From Salisbury’s DelMarVaNow.com of February 27, 2006
Suspected robber injured
A man shot and seriously injured an intruder looking to rob his home in a quiet neighborhood on Old Ocean City Road early Sunday morning, police said.
John Steve Collian, 48, underwent surgery and was listed in stable condition at Peninsula Regional Medical Center, according to state police from the Salisbury barrack. They said Collian was shot in the abdomen after he allegedly broke into and tried to burglarize a home on the 3300 block of Old Ocean City Road just before 1 a.m., but was interrupted by the homeowner.
The victim, James Joseph Rozaieski, 36, shot Collian one time before calling 911, police said in a news release that did not disclose additional details.
"A lot of it depends on exactly what the suspect has to say about all this and he's in the hospital right now," said Sgt. Daugherty with the state police. "We don't want to jump to any conclusions."
The home, a neat, single-story brick house with a "No Trespassing" sign in its front window, sits at the front of a gravel driveway leading to the Salisbury Church of Christ, about 200 yards west of the Route 13 Bypass. Church officials said the home is unrelated to the organization.
Employees at PRMC said they have no record on Collian, who has no fixed address, and could not indicate his condition late Sunday afternoon.
State police said members of the Wicomico County Sheriff were first to arrive on the scene and said the case has been turned over to the Wicomico Bureau of Investigation.
Labels: MD, residence burglary
2/26/06
Toledo, Ohio
From February 20, 2006 WTOL channel 11:
NORTH TOLEDO -- A would-be robber picked the wrong house. Toledo Police say the suspect broke into a home, but was shot in the process.
It happened in the 3200th block of Cherry Street, near Arcadia, around 1:00am on Monday morning. Police say the suspect was carrying a gun when he broke into a house.
Officers say the homeowner fought with the suspect, and the gun went off. They caught the suspect about a block away with a gunshot wound to his hip. They took him to St. Vincent Mercy Medical Center for treatment. The injury is not thought to be life-threatening.
Labels: criminal's gun taken away and used against him, OH, residence robbery
Clarksdale, Mississippi
From the February 15, 2006 Clarksdale Press Register:
The apparent victim of an armed robbery fought back Sunday, sending the would-be robber running.
Capt. Danny Hill of the Clarksdale Police Department said the man was sitting in his truck in a store parking lot on DeSoto Avenue around 4 p.m. when he was approached.
"The (suspect) came up to him and pointed a pistol at him and demanded his money," he said. "The victim would not give up his money so the would-be robber turned and ran toward the railroad tracks."
Hill said the victim exited his truck and grabbed his shotgun, firing at the fleeing robber.
"No evidence was found to indicate that the brave-hearted would-be robber was hit by the shotgun blast," he said. "No charges have been brought against the intended victim. The 'former' robber has not been identified as of yet."
Labels: domestic abuse, home invasion, MS, street robbery
Baton Rouge, Louisiana
From the February 13, 2006 Baton Rouge The Advocate:
Baton Rouge Police Department detectives are investigating an apparent justifiable homicide that occurred shortly after midnight this morning at 6245 Laca St., according to Cpl. L’Jean McKneely Jr. of the BRPD.
McKneely said that Mark Aaron Thomas, 31, 15010 Coates, Maringouin, was shot to death by his former girlfriend, Felicia Fields, 35, 6245 Laca St., after he allegedly beat her with a stick, choked and kicked her.
After the fight, Thomas very briefly left the home and then returned, McKneely said. Fields told officers she was fearful Thomas was about to harm her and her children, so she pulled a hand gun from her purse and shot him several times
Thomas was taken to the Earl K. Long Medical Center where he later died.
Fields remained at the scene and was taken in for questioning but was later released.
There is a history of domestic violence complaints field by Fields, and the BRPD had an active warrant for Thomas’ arrest for domestic abuse battery, intimidating a witness and simple kidnapping in connection with a Jan. 10 incident in which Thomas allegedly beat Fields, McKneely said.
Investigators believe the shooting was justifiable under law and no criminal charges are anticipated. The case will be forwarded to the East Baton Rouge Parish District Attorney’s Office for review.
Labels: domestic abuse, LA
Charlotte, North Carolina
From the February 13, 2006 Charlotte Observer:
The 911 call sounded like a burglary attempt had turned out badly for the burglar: A man was fatally shot early Sunday in a northwest Charlotte plumbing business plagued by break-ins.
But the 42-year-old who was shot dead at the business in the 3600 block of Tuckaseegee Road used to work there. His ex-wife runs the shop. And, police say, his former stepson shot the gun.
It's not entirely clear what happened in the dark morning that led to the death of Joe Scott Odell. Charlotte-Mecklenburg police have not charged his former stepson, Elijah Hackett. It will be up to the Mecklenburg County District Attorney's Office to decide whether to press charges in the slaying, said Sgt. Lisa Mangum.
Last year, at least four people were killed in the Charlotte region after authorities said they tried to break in or rob businesses. Only one of the four shooters was charged; the other cases were ruled to be self-defense.
But because those involved in this case knew one another, it is a complicated investigation that police are still trying to unravel.
Labels: business burglary, NC
Fresno, California
From February 8, 2006 KFSN channel 30:
February 8, 2006 - An alert neighbor helped stop a burglary at a Northwest Fresno home on Wednesday.
The man grabbed his shotgun and confronted four thieves who were stealing from his neighbor's home on Flint Way, near State Avenue.
Charlie Martinez says he just did what any good neighbor should and stepped up when he thought someone was in danger.
He says he saw a suspicious car backing into his neighbors driveway Wednesday morning, "I was concerned about my neighbor. She's alone there and there's four Hispanic guys and I just thought maybe they might try to rape her as well as burglarize the home."
He made his next move quickly, "I ran into my bedroom. I got my shotgun and I loaded it."
That's when he went over to the home and confronted the thieves, "I ran out to the front and I told them to get down several times, yelled at them."
He said what happened next, "The driver pulled out and almost hit me and I backed up and fired a shot at him and as he went away, I fired another shot at him and I think I hit his tail light."
Labels: assault, CA, residence burglary
2/24/06
Des Moines, Iowa
From the Des Moines Register of February 24, 2006
Landscaping employee has company's back
A Lounsbury Landscaping employee stopped a burglar in his tracks early in the morning on Feb. 19.
The employee lives above the business, 6000 Raccoon River Drive, and told police he could hear something downstairs. The employee grabbed his gun, a .45-caliber Colt series 80, and went into the business. He saw that a man had pried off the window but was not yet inside.
The employee detained the man - including firing a shot in the air when he thought the man began walking toward him - until police arrived. Police arrested the would-be thief, a 40-year-old West Des Moines man, and charged him with second-degree attempted burglary.
The man told police he had broken into Lounsbury Landscaping looking for money, according to reports.
Labels: business burglary, IA
Fort Wayne, Indiana
From the Fort Wayne Journal Gazette of February 24, 2006
Alleged burglar arrested after being shot by resident
A resident shot and injured one of two alleged burglars who tried to break into his Selkirk Drive home Thursday morning, police said.
Jason D. Davis, 18, of the 1800 block of Embassy Drive, and another alleged would-be burglar tried to enter 7123 Selkirk Drive at 12:13 a.m. Thursday. The resident fired a gun and Davis suffered a minor injury to his face, a police report said.
It was unclear what type of gun the resident used.
Davis was treated at a hospital and then taken to the Allen County Lockup on a charge of attempted burglary, the report said.
Police spent the day Thursday tracking down the second suspect. No other arrests were made.
Labels: IN, residence burglary
Alamo, California
From the Contra Costa Times of February 23, 2006
Alamo homeowner fires on fleeing intruderFrom the Contra Costa Times of February 24, 2006
Authorities are seeking the public's help in finding an intruder who was scared away early Thursday when the startled homeowner fired several rounds at the suspect.
The resident of a home in the 1000 block of Via Del Gato was awakened just after 4 a.m. to the sounds of someone breaking in through the front door, Sheriff's spokesman Jimmy Lee said.
After calling 911, the man confronted the burglar through a window, startling the intruder, who fled down the street to a waiting truck with a driver, Lee said. The resident, who owned a gun, fired at least six rounds at the intruder as he ran away and jumped into the passenger side of the pickup, which sped away.
Authorities are not sure if the truck or either of its occupants were hit by bullets.
Sheriff's investigators were given no description on the truck, and only a vague description of the prowler. The incident is under investigation.
Homeowner opens fire on intruder
An Alamo homeowner could face criminal charges after he fired six shots at a would-be intruder while chasing him down a residential street, Contra Costa Sheriff's Office investigators said Friday.
"The law is very clear about when peace officers can use deadly force and when the public can use deadly force," said Capt. Jon Cox, sheriff's patrol commander. "(Both) have to demonstrate that there is a threat to personal safety in order to use lethal force."
The resident, who lives in the 1000 block of Via Del Gato, startled an intruder trying to open his front door about 4 a.m Thursday. He then shot at him as he ran to a get-away car down the block, deputies said.
"It would appear, just based on the information we have that this person was not a threat," Cox said. "He was running away."
It appears all six shots were fired outside the home. Cox said it's unclear whether the intruder had a weapon or if he threatened the homeowner.
Investigators are discussing whether the resident illegally discharged his firearm, a misdemeanor offense, but no decision on possible charges has been made, he said.
The homeowner told police he woke up to the sounds of someone trying to break through his front door. He called 911, retrieved a semiautomatic handgun and confronted the intruder by opening a nearby window. The startled burglar ran to a waiting truck where another person was waiting and jumped into the passenger seat. The truck sped away as the homeowner fired his weapon.
Authorities are not sure if the truck or either of its occupants were hit by bullets. "At this time there is no evidence to suggest anyone was wounded," Cox said.
Investigators combed the neighborhood looking for the expended bullets or potential victims, but found nothing, Cox said. Deputies did recover the weapon and six bullet casings.
While a homeowner has a right to use a firearm to protect his home and life, Cox said a weapon can complicate things.
"Statistics show that often people who get a firearm for their own protection can be victimized by that weapon," he said. "Firearm ownership is a very serious issue and owners can benefit from how it is stored, locked and how comfortable they are with using it."
The Sheriff's Office doesn't encourage anyone to engage a person involved in a crime. If a property crime is in progress, it's important to remain quiet and call 911 from a home phone, Cox said. Cellular 911 calls take longer to respond to because they are routed through the Highway Patrol's dispatch center in Vallejo and then have to be transferred to the appropriate agency.
"Our advice is not to get directly involved and not jeopardize their safety or the safety of others," Cox said.
People can turn on lights, make noise or yell to startle a home intruder, but Cox said the most successful outcomes happen when a victim is calm, quiet and calls 911.
"We're there in a few minutes to catch the person in the act."
Labels: CA, residence burglary
2/23/06
Minco, Oklahoma
From Tulsa’s The Native American Times of February 23, 2006
Police: Man masquerading as BIA agent attempts to intimidate rape victim
Suspect’s story crumbles because of Delaware cop’s son
A bizarre story out of a small Oklahoma town involving a phony Bureau of Indian Affairs office, an attempted sexual assault that sees the victim firing a gun at her alleged attacker, and two men- including the victim’s husband-arrested on a total of six separate charges.
“It’s a pretty wild set of circumstances,” Minco Police Chief Tommy “Gus” Handke tells the Native American Times.
The case began the evening of Feb. 19 with Thomas Gibson visiting the Minco home of William Patchell and his wife.
According to police, Patchell, 26, accused his wife of flirting with Gibson during the evening and began to choke her. She was able to get Patchell to leave, only to see Gibson come into the room in his underwear, intent on sexually assaulting her.
“She was resisting him and telling him to stop,” Handke said. “He rolled her onto her stomach and pinned her to the bed. When he did that she was able to get to a loaded .22- caliber pistol and fire one shot.”
The bullet missed Gibson and lodged into a wall. By this point William Patchell had rushed back into the room and, according to police, began helping Gibson wrestle the gun away from his wife. The wife then locked herself into a closet, emerging later to phone police. Handke took the call.
“I made contact with the victim and she was really shaken up. She said, ‘Gus, I’m scared to death of [Gibson].’ He had told her he was a BIA officer.”
Handke says Gibson threatened to use his authority as a BIA agent to get the victim in trouble if she reported what had happened.
Handke tracked Gibson down, describing him as being “extremely intoxicated.”
“First he tells me he’s a cop, then he tell me he’s an undercover cop and then he tells me he’s a BIA cop from the El Reno office,” Handke said. “I guess he thought we didn’t know anyone there.”
Handke did. His deputy chief is Gary Journeycake, a member of the Delaware Tribe that has a son working in the same office Gibson claimed to be affiliated with.
“I asked if he knew a Johnny Journeycake and he said he did. So I picked up the phone right in front of him and talked to Johnny. He said he never heard of him,” Handke said.
While this conversation was taking place, Gibson “got one of those uh-oh looks on his face,” Handke said.
After shattering the BIA agent story, Handke placed Gibson under arrest and charged him with several offenses, including sexual battery, assault and battery and impersonating a peace officer. Bond was set at $150,000, which Gibson has since posted. William Patchell was arrested on charges of domestic assault and battery by strangulation. He also bonded out.
The case is rare for Minco, a Southwestern Oklahoma town of 2,000 people that likes to call itself the “best little US town on both sides of the Mississippi.”
“The main contributing factor here was alcohol,” said Handke. “They had all gone out for drinks before and were drinking whiskey when they came home.”
2/21/06
Union City, Georgia
From Atlanta’s WSBtv.com of February 21, 2006
Guards Shoot It Out With Armored Car Robber
An armed robber and armored truck guards traded gun shots in the middle of Union City today.
Police say the gunman held up the armored truck outside the Bank of America branch on Londonderry Way just before noon.
The guard from AT Systems was not hurt, but police say the robber may have been injured.
Witnesses say the hold-up man got away with several bags from the armored truck, but dropped several as he ran from the scene.
There's no word yet on how much cash the suspect got away with.
Witnesses say the suspect got into a dark green Pontiac with the partial plate 6877. He did not appear to have an accomplice.
The FBI is investigating.
Labels: GA, street robbery
Melbourne, Florida
From Brevard County’s FloridaToday.com of February 21, 2006
Burglar dies after robbery attempts
A homeowner fatally shot a man this afternoon after the man broke into his home.
Melbourne Police say a man was attempting to break into homes on Colvert Circle this afternoon. He approached one home's window and walked on when spotted by its occupants.
He jumped a chain link fence and proceeded to the next house. Witnesses at the scene said he broke that window, but moved on.
He jumped another chain link fence and this time got into that home.
Residents Pete and Emily Frink were home at the time. Emily Frink fled the home, running towards a neighbors house yelling for help.
Her husband stayed in the home with the intruder, police said.
Moments later police say Pete Frink shot the unidentified intruder. He was taken to Holmes Regional Medical Center in Melbourne where he was pronounced dead.
Several people in the neighborhood called 911.
No one has been charged in this shooting. Police investigators continue at the scene.
Labels: FL, residence burglary
2/20/06
St. Pauls, North Carolina
From Raleigh’s News14.com of February 20, 2006
Authorities investigate deadly home invasion
Robeson County authorities are investigating a home invasion that killed one man and left a homeowner in the hospital.
Officials say Mario Sosa was at home with his wife and two young children about 8 a.m. Sunday morning when he heard gunshots.
The Robeson County sheriff says a gunfight broke out between Sosa and three armed men. Sosa shot and killed one of the three men but not before he was shot himself.
Sosa underwent surgery at Southeast Regional Medical Center.
Deputies say they're still looking for the two other men who ran away.
Labels: defender shot, home invasion, NC
Baton Rouge, Louisiana
From Baton Rouge’s WAFB.com of February 20, 2006
Bystander Fired Deadly Shot, Not OfficerFrom Baton Rouge’s WAFB.com of February 23, 2006
There were two big developments Monday in the case of a motorist who was shot and killed along Greenwell Springs Road Friday after a fight with a police officer. Investigators say an autopsy shows the deadly bullet was fired by a bystander, not the officer. Police also announced that no charges would be filed in the case, either against the police officer involved or the bystander who fired the fatal shot into the head of George Temple.
East Baton Rouge Sheriff's spokesman Greg Phares says Officer Brian Harrision was escorting a funeral procession Friday when he pulled Temple over and wrote him a ticket for breaking into the procession. According to Phares, that's when Temple attacked Harrison. Police say Perry Stevens was walking outside of the Auto Zone on Greenwell Springs Road when he heard Harrison yelling for help. Harrison was reportedly on his back with Temple on top of him. That's when Stevens went to his car and grabbed his .45 caliber pistol.
According to Col. Greg Phares, "[Mr. Stevens] orders Mr. Temple to stop and get off the officer. The verbal commands are ignored and Mr. Stevens fires four shots, all of which struck Mr. Temple."
Perry Stevens fired four shots into Temple's torso. Officer Harrison had already fired one shot into Temple's abdomen. With Temple still struggling with the officer, Perry continued to advance toward the scuffle.
"He again orders Mr. Temple to stop what he was doing and get off the officer. Those commands are ignored and he fires a fifth shot and that hits his head. The incident is over with, and as you know, Mr. Temple is dead."
Police are calling the shooting death justified. Perry Stevens has a permit to carry a concealed weapon. Col. Phares would not give out any more details relating to the shooting. Both Phares and Baton Rouge Police Chief Jeff LeDuff stopped short of crediting Stevens with saving the officer's life. LeDuff says the entire incident is unfortunate.
"I spoke with his father at the scene briefly," said LeDuff. "I think this is a tragic situation all around."
9 News is told George Temple has a criminal record, and Officer Harrison was involved in a shooting while employed as a prison guard in East Baton Rouge Parish, where he was suspended for three days back in 1995.
Eyewitness Gives New Account of Controversial ShootingFrom the Baton Rouge Advocate of February 26, 2006
A witness has come forward to change one key detail in that shooting involving a police officer which has caused such an uproar in Baton Rouge. Auto Zone store records place this witness in the parking lot as the fight and deadly shooting occurred. The witnesses tells a story not heard before, claiming he heard exactly what was said between the officer and shooting victim, George Temple. Out of fear of retaliation, the witness has requested his identity not be disclosed.
The witness says he was parked just a couple of spaces away from the black Mercedes George Temple was driving. At first, he didn't pay much attention to the man getting a ticket from the police officer, until he heard Temple and Officer Brian Harrison start to yell at each other. The witness says Temple called the officer a punk and said "you're just jealous of my car" not long after the officer and Temple started to struggle.
According to the witness, "You could here them muffled... 'Mother' this and that. 'I told you not to mess with me, I told you -- I'm a beast, I told you not to mess with me. I told you, I told you.' "
The witness says the officer took quite a beating.
Witness: "I mean, Mr. Temple was a big man."
Reporter: "What was the officer saying?"
Witness: " 'Help me, help me!' That's when he started screaming."
That's when a bystander in a neckbrace, Perry Stephens, shot and killed Temple. Even though the witness believes Stephens likely saved the officer's life, he does take issue with one part of Stephens' story. The witness says he never heard Stephens give a threat or a warning before he shot Temple.
"The man probably saved the officer's life... but he did not give out a warning," he says. "But if this would have been on a dark road, we would probably be looking for a cop killer, to be honest with you."
Stephens eventually ended the struggle between Temple and Harrison with a shot to the back of Temple's head.
"I heard [Temple] had a daughter, my heart goes out to the family. But Mr. Temple was aggressive to the officer. If [the officer] would have shot him, I probably wouldn't have even called [channel 9]."
The NAACP is upset with the officer, the investigation and the Baton Rouge Police Department's policies. The witness sees it differently. "I say the officer did everything he needed to do. If I would have been pulled over, I wouldn't have had an attitude, because the officer did everything he was supposed to do."
The witness says he doesn't want any trouble or attention. He says he just couldn't sit on the truth anymore.
Louisiana law permissive on deadly forceFrom Baton Rouge’s WAFB.com of May 18, 2006
The bystander who killed a businessman embroiled in a brawl with a Baton Rouge police officer may be aided by one of the nation’s most permissive justifiable homicide laws, legal scholars and others say.
Louisiana allows the use of deadly force in self-defense or defense of others to “prevent a violent or forcible felony involving danger to life or great bodily harm.” People also can shoot intruders inside a home, business or car even if there is no such threat — and need not make any effort to retreat.
That’s different from most states, which sanction physical force to prevent imminent physical danger and deadly force only when there is reasonable fear of “serious physical injury or death” — and the person in danger is otherwise unable to first safely retreat.
South Carolina, for example, limits bystanders to using deadly force only in instances where the victim “is in imminent danger of being murdered by the assailant, if the assault is malicious and unprovoked and with a deadly weapon” — and then only if there is “no other reasonable means of escape” and the victim and bystander are “without legal fault in bringing on the difficulty.”
“Louisiana has the broadest self-defense law in the country,” said Stuart Green, an LSU law professor who specializes in criminal law. “The questions raised in this case are, ‘Was the police officer in imminent danger of losing his life or suffering great bodily harm?’ and ‘Was the killing necessary to save him?’ But even if it wasn’t, the issue in this state is whether his purpose was preventing a violent forcible felony involving danger to life or great bodily harm. And I think you can make a good argument for that.”
Perry Stephens, 56, shot 24-year-old George Temple II four times in the chest cavity and once in the head after seeing him in a struggle over a traffic violation with Officer Brian Harrison, 32, on Feb. 17 outside an Auto Zone on Greenwell Springs Road.
Investigators have said Stephens — who was wearing a neck brace and using a cane — retrieved a gun from his car after hearing Harrison yell for help. After hearing shots, he asked Temple to get off Harrison and shot him four times when Temple did not comply. Stephens again unsuccessfully ordered Temple to retreat, then fired a fatal shot into his head, investigators said.
The East Baton Rouge Parish Sheriff’s Office continues to investigate the matter; the District Attorney’s Office ultimately will decide whether to pursue charges.
The National Association for the Advancement of Colored People publicly has called for an independent investigation by the U.S. Justice Department, but has not made a formal request.
(Much more)
Grand Jury Declines to Indict in George Temple Shooting
A state grand jury Thursday declined to return any indictments in the deadly shooting of Baton Rouge motorist George Temple. On February 17th, a bystander shot and killed Temple as Temple fought with a Baton Rouge police officer during a traffic stop.
Police say Officer Brian Harrison initially stopped Temple for pulling in to a funeral procession. As the officer attempted to give Temple a ticket, Temple allegedly attacked the officer and began beating him with his fists, investigators said. At that point, the bystander, Perry Stephens, fired several shots at Temple.
Temple was shot multiple times, including a wound to the abdomen, from a single shot fired by the police officer, investigators said. An autopsy later determined one of the shots fired by the bystander, which hit Temple in the head, was the shot that killed him.
The state district court grand jury interviewed 12 civilians and several officers before deciding not to indict anyone in the case.
"What we tried to do is identify every witness of which we knew professed to know anything about this and present them to the grand jury so they could have a full view of every perspective that existed from the standpoint of witness statements," said East Baton Rouge Parish District Attorney Doug Moureau. Moreau's officer did not charge either the officer or the bystander in the case. The East Baton Rouge Parish Sheriff's Department, which was initially called in to investigate the shooting, also determined no charges should be filed.
The United States Justice Department, at the urging of several local black leaders, announced last month it would also investigate the case. State Representative Michael Jackson, D-Baton Rouge, is one of the leaders who called for the federal probe. Rep. Jackson said he was not surprised a state grand jury declined to return indictments in the case.
"I think that's why we asked for an independent investigation," Jackson said. "I wish that I could say that I'm surprised, but I'm not. We're going to rely 100% on the Justice Department and their investigation and wait and see what they have to say," Jackson added.
Baton Rouge Police Chief Jeff LeDuff, speaking to reporters late Thursday, said he credited Stephens with saving his officer's life. "It's time for this city to move forward," LeDuff said.
Labels: assault, concealed carry permit, LA
2/18/06
Buffalo, New York
From the Buffalo News of February 18, 2006
Food mart co-owner foils robbery try
The co-owner of a Bailey Avenue food mart pulled out her handgun to foil a robbery attempt at the deli late Thursday night, Ferry-Fillmore District police reported Friday.
Two would-be robbers, both dressed in black, entered the Fiya Food Mart, 2021 Bailey, at about 11:05 p.m. Thursday. One of the men pointed a handgun at the woman and threatened to shoot her if she didn't open the cash register.
The woman, who owns the store along with her husband, pulled out her pistol, forcing the two men to flee north on Bailey and east on Doat Street. Police said the couple has a valid permit for the handgun.
Labels: business robbery, NY
Richmond, Virginia
From the Richmond Times-Dispatch of February 18, 2006
Self-defense ruled in fatal shooting
Charges against VCU student are dropped in the Dec. 10 death
A murder charge against a Virginia Commonwealth University student in the shooting death of a 19-year-old Richmond man was withdrawn after authorities determined the student acted in self-defense.
The Richmond commonwealth's attorney's office confirmed yesterday that Omari Al-Qadaffi, a VCU senior majoring in computer science, has been cleared in the Dec. 10 shooting death of Lawarren Arkeis Williams on Mosby Street. At the time, Al-Qadaffi's father insisted his son had shot Williams in self-defense after being confronted outside a coin laundry by Williams and another man, one of whom had a gun.
Wajid Al-Qadaffi had said the confrontation was the culmination of a long-running conflict with his family initiated by a group known as the "700 Boys," a reference to the block on which they live in Mosby Court.
Omari Al-Qadaffi did not admit his involvement in the shooting until a police canvass of the area brought investigators to his door. He was charged after he declined to provide police with additional information about his involvement.
After Al-Qadaffi's arrest, however, authorities were able to obtain crucial information from the student after working with his lawyer, defense attorney Christopher Jones.
"He was initially uncooperative, but once he talked with us and gave us all the information, everything he said was forensically correct," said Deputy Commonwealth's Attorney Learned D. Barry. "All the information was verified, and we determined that he fired in self-defense."
Murder and gun charges were officially withdrawn in Circuit Court on Jan. 12.
Labels: altercation, student defender, VA
Alexandria, Louisiana
From Alexandria’s The Town Talk of February 18, 2006
Officials urge calm in slaying caseFrom Alexandria’s The Town Talk of March 17, 2006
A local group of black ministers is attempting to organize a boycott of all Arab-owned businesses in the wake of Sunday's fatal shooting of a black man by an Arabic store owner who claimed he was being robbed.
Meanwhile, Alexandria city leaders are asking that everyone remain calm.
The Rev. Freddie Banks of First Union Baptist Church in Alexandria said that while he could not be certain the shooting was race-related, he did feel it was unjust.
Banks appeared Thursday morning on the "Eyes Open With Tony Brown" radio show on station KAYT to promote the boycott and to say he would urge his congregation Sunday to not patronize Arab-owned stores.
Some ministers met Friday to discuss the boycott. The Rev. Floyd Kirts, who lives near the Alexandria store and is the minister at Bright Morning Star Baptist Church in Pineville, said he is one of the ministers asking people not to frequent the businesses -- but also not to resort to violence.
"We will speak with our money and not with our fists," he said.
Alexandria City Council President Charles Frederick Smith Jr. said he has asked residents not to overreact and to be calm. He said the police and the District Attorney's Office should be allowed to handle the investigation.
"Let's not destroy neighborhoods," he said.
Walter Louis Walker, 39, of 1244 Huffman St. was shot in the head by store owner Hussam Zeidan after Zeidan said Walker attempted to rob his store at 2350 Overton St., according to police records. No gun was found on Walker.
Four days before the shooting, the store had reported another robbery. In that incident, police said, two men are suspected of robbing a store employee at gunpoint.
No charges have been filed in Sunday's incident, and police are continuing to investigate. A file will be prepared for the Rapides Parish District Attorney's Office, police said, and that office will decide whether to present it to a grand jury.
Alexandria Police Chief Daren Coutee said Friday that detectives are waiting on an autopsy report. In conducting their investigation, he said, investigators were relying on statements from the clerk and crime scene evidence.
Police were told the store had surveillance, but that it was broken, Coutee said. The chief said the camera also wasn't working when the store last was reported robbed.
State officials said Friday that at the time of Sunday's shooting, Walker was on probation for a charge of obtaining a controlled dangerous substance by fraud.
(More)
Cocaine factored into convenience store shooting, DA says
A preliminary autopsy report on Walter Louis Walker who was shot to death by an Arab convenience-store owner revealed that Walker had been using cocaine, Rapides Parish District Attorney James C. Downs said at a Thursday night meeting.
About 50 people -- including Alexandria Police Chief Darren Coutee, some City Councilmen and leaders of black and Arab communities -- gathered at the Nazarene Baptist Church on Overton Street to discuss the police investigation of the shooting.
Walker, 39, was shot in the head by store owner Hussam Zeidan in what police said was an attempted robbery. The evidence, Downs said, doesn't support an arrest warrant for Zeidan and a grand jury will not be called.
The Northern and Central Louisiana Interfaith Group hosted the meeting in an attempt to heal the rift that Walker's death has caused.
Walker's death has caused tension between black and Arab communities, including a threatened boycott of Arab-owned businesses by some black leaders and the Overton Street store where the shooting took place. The store has remained closed since the February incident.
No gun was found on Walker's body. Those who knew Walker describe him as a gentle man, leaving many in the black community to question the circumstances of his death.
Downs said his statements about Walker's drug problems were not meant to disparage a dead man, but to help explain the shooting.
"Apparently, Mr. Walker was a gentle man who was not inclined to violence. I, in no way, want to demean his character. I just want to give some facts to help shed light on what has happened," Downs said.
Downs also spoke of Walker's prior run-ins with the law, including a January 2004 incident in which he allegedly tried obtain codeine from a drug store with a forged prescription and an August 2004 incident in which he allegedly possessed a crack cocaine pipe and crack cocaine.
Downs' revelations were not well-received by some, including Walker's long-time friend, Terrell Bush, who claimed to have spoken with Walker about 10 minutes before the shooting.
"He didn't seem to be under the influence to me, and I have known him quite a while. If he would have been, then I would have noticed," Bush said Thursday night. Bush added that police never took a statement from him, even though he called them to make one.
As tempers flared, black community leaders stepped forth to remind those gathered in the church that Thursday's event was meant to bring unity and healing.
"We can't be divided whether we are black, white, rich or poor. We must be in one accord," said Alexandria Councilman Roosevelt Johnson.
Labels: business robbery, LA
2/16/06
Houston, Texas
From Click2Houston.com of February 16, 2006
Security Guard Stops Murder Suspect From Fleeing
A security guard at a southwest Houston apartment complex stopped a suspect from fleeing the scene of a murder Thursday morning, police told KPRC Local 2.
The guard stalled the suspect from leaving the Villa Monterey Apartments on Concourse Drive at Finchwood Lane after gunshots rang out shortly before 4 a.m.
"He seems to have been doing his job. He certainly was alert, conscientious enough to at least go and investigate," HPD Homicide Detective Sgt. Flores told KPRC Local 2.
Officers with the Houston Police Department said the guard pointed a gun at the suspect and told him not to move after finding a man dead from a gunshot wound nearby.
"There were some weapons found and also some drugs found in the area," Flores said.
Police recovered a 9 mm pistol, a .357-caliber gun and some crack cocaine that laid on the ground near the weapons.
Flores said a gunpowder residue test would be performed on the suspect's hands, which will either eliminate or confirm him as a suspect.
Officers have not released the identities of the suspect or victim.
Several months ago, Houstonians demanded that more apartment complexes throughout Houston hire additional security because of an increased number in homicides.
Martinsville, Virginia
From the Martinsville Daily of February 15, 2006
Shot that killed girlfriend did not come from boyfriend’s gun
The autopsy is complete and the results show Meghan Lee Price died from one bullet to the back of the head. There were 11 shots fired in and around her home Sunday night. Police say the continue to investigate the alleged break-in where Price’s boyfriend says an intruder knocked the door in and shot Price to death. 26 year-old Jamie Dantoni Dillard told police he returned fire in defense. Police now say they think Dillard fired two shots, neither of which struck Price.
Labels: home invasion, VA
Newfane, Vermont
From the Rutland Herald of February 16, 2006
Grover acquitted of murder
A jury deliberated five hours Wednesday before acquitting Timothy Grover of second-degree murder in the shooting death of a Vernon man in November 2004.
The Windham Superior Court jury of nine men and three women returned an innocent verdict for the 41-year-old Brattleboro pub owner in the killing of James Kellom of Vernon shortly before 6:30 p.m., ending an eight-day trial marked by high emotion and inconsistent testimony from witnesses.
As the announcement was read in court Wednesday, the defendant's wife, Mary Beth Grover, began sobbing as she was hugged by friends and family members. Shortly after the decision, Grover told reporters the 15 months since the fatal shooting had been an "emotional rollercoaster."
"I'm feeling extremely grateful," he said. "But my heart really goes out to the Kellom family. The whole thing was tragic."
A woman believed to be one of Kellom's daughters burst into tears and ran outside the court building when the announcement was made. No other members of his family could be reached for comment.
Grover, the father of two children and the owner of Emil's Pub in Brattleboro, was charged with second-degree murder, a crime that carries a sentence of 20 years to life in prison. He was accused of shooting Kellom, a former part-time police officer in Vernon, on Nov. 7, 2004.
Jesse Corum, Grover's attorney, had argued that the shooting was justified because Kellom was about to use a baseball bat to strike the "final, fatal blow" to the head of James Cleveland, a Grover family friend and one of Kellom's neighbors on Homestead Way in Vernon.
Grover testified Tuesday that that he told Kellom to drop the bat several times before shooting the 52-year-old man once in the chest with a .22-caliber pistol. He added that Kellom had already knocked Cleveland's wife to the ground and was about to kill his friend.
The fatal shooting was preceded by an argument among the three men over the speed and loud exhaust system of a truck belonging to Travis Grover, Timothy Grover's teenage son who was dating Cleveland's daughter.
During closing arguments Wednesday morning, Corum described Kellom as a "raging maniac" who was intoxicated and distraught that he had learned that medication would be needed to treat his diabetes days earlier.
"If Tim Grover had walked away, I submit to you, ladies and gentlemen, that Jamie Cleveland would be dead and James Kellom would be here today, facing a murder charge."
Labels: altercation, VT
Mobile, Alabama
From Mobile’s AL.com of February 15, 2006
Shooting victim dies; no charges filed yet
Victor Russell, who allegedly was shot by a former girlfriend during a fight Sunday in west Mobile, died Monday night at a local hospital, Mobile police said. He was 39.
Cpl. Marcus Young, a police spokesman, said no charges had been filed against the woman, Lashonda Cole, 30. But he said that the case would be presented to a Mobile County grand jury.
Cole could not be reached for comment.
Rosyln Todd, 34, who described herself as Russell's common-law wife, said Tuesday that she didn't think Cole should have been released after police questioned her.
"We are going to push this to the fullest extent of the law because he has three children who are going to miss out on their father because he was active in their lives," Todd said.
The shooting occurred shortly before 5 p.m. at Cole's house on Oak Lane Circle West off Moffett Road.
Todd lives at a house on Williams Street off Dauphin Island Parkway near Government Street. She said Russell had gone to Cole's house Sunday to pick up some of his belongings.
According to police spokesman Young, Russell struck Cole several times in the head with his fist.
The spokesman said Cole locked Russell out of the house, then fired a 9 mm pistol through the back door as Russell tried to break through. The bullet hit Russell in the face.
Labels: AL, domestic abuse, home invasion
2/15/06
San Bruno, California
From the San Jose Mercury News of February 15, 2006
San Bruno gun store robbery may be connected to Peninsula crime spree
San Bruno police are investigating whether a robbery Tuesday afternoon at a gun store is connected to crimes in at least two other Peninsula cities.
Officers responded to the 400 block of El Camino Real in San Bruno at about 3:40 p.m., according to the San Bruno Police Department.
The clerk of the gun store told officers a man attempted to purchase a firearm from him. When the clerk told him no, the man grabbed a shotgun and ran out of the store. The clerk then chased after the suspect who was attempting to escape in a blue Ford Taurus-like wagon, police said.
The clerk then reached inside the wagon and tried to turn off the ignition. After the clerk lost the struggle, the suspect allegedly tried to run him over. But the clerk was armed and he shot at the vehicle's tire. The suspect then fled in the wagon.
Police checked the area but found neither the suspect nor the vehicle.
The suspect is described as a 30- to 35-year-old man wearing black clothing. The descriptions of the suspect and the vehicle are somewhat similar to two other incidents reported on Tuesday.
Labels: assault, business robbery, CA
Greenfield, Iowa
From Des Moines’ KWHO.com of February 14, 2006
Lawmaker Threatened
A western Iowa lawmaker says he was forced to pull a gun on a man in self-defense. Clel Baudler, a Representative from Greenfield, says he was being threatened over the phone then physically confronted by a man this weekend.
Baudler hit the man in the face with a handgun. Baudler says David Whetstone was angry over allegations Whetstone was abused in a county jail, and Baudler hadn't followed up on his complaints. Whetstone plead guilty to disorderly conduct. The lawmaker is a retired state trooper and is licensed to carry a gun
Labels: assault, concealed carry permit, IA, street robbery
2/14/06
Livingston, New Jersey
From New York’s 7Online.com of February 14, 2006
Bullets fly during attempted armored car robberyFrom PhillyBurbs.com of February 15, 2006
Three suspects taken into custody
As the suspects fired shots at the truck, the guards inside fired back. The incident started in Livingston and ended in South Orange.
That's where we find Eyewitness News reporter Anthony Johnson.
The FBI is in charge of this investigation. The getaway vehicle, a black Jeep Cherokee was still taped off as FBI agents began to comb the area looking for more clues, but we understand that all three suspects have been taken into custody.
The drama ended in an open area at the end of Church Street in South Orange. That's where cops used bloodhounds and tracked down the last suspect in what apparently started as a robbery of an armored car or a Bank of America branch on South Livingston Avenue.
There was a shoot out between the suspects and the guards. One suspect was shot in the thigh and one of the armored car guards was hit but his bulletproof vest apparently stopped the bullet.
The suspects fled in the black Jeep Cherokee, traveling about five miles southwest with cops in hot pursuit. Two of the suspects were quickly apprehended, the armored car was left about a block and a half away from the bank.
The SUV was taped off as police launched a massive manhunt and the third suspect was finally caught.
Four accused in botched robbery, including driver of armored car
A day after leading police on a chase through three towns, suspects accused of robbing an armored car were expected in court expected to face charges. The four suspects include the armored car's driver, authorities said Wednesday
The suspects are accused of leading police on a chase Tuesday through three northern New Jersey towns before the pursuit ended with the cash scattered in a field.
The robbery attempt began at 2:25 p.m. at a Bank of America branch in Livingston as two employees of Dunbar Armored Car Service were making a pickup, Livingston police Chief Michael Erb said.
The employees returned to the car, and found two would-be robbers waiting, said Special Agent Steve Siegel, spokesman for the FBI's Newark office.
The suspects fired several gunshots inside the car, Siegel said. A bulletproof vest saved the Dunbar employee in the passenger seat from serious injuries. Authorities, who declined to release that employee's name, say he was not involved in the robbery.
"When he saw individuals were in the back of the truck and attempted to take over, he reached for his gun and that's when assailants shot at him," Siegel said.
A police chase ensued through Livingston, Millburn and South Orange before the Jeep collided with a car driven by a South Orange detective, left the roadway and came to a halt, Erb said.
Authorities say the armored car's driver, Evrol Dean, 42, of Newark, was part of the heist.
Labels: NJ, street robbery
2/13/06
Rhea County, Tennessee
From the Dayton Herald-News of February 12, 2006
Grand Jury ‘no-bills’ man in shooting of his son-in-law
The Rhea County Grand Jury decided Monday that there was not enough evidence to warrant a trial of a Rhea County man who shot and killed his son-in-law last February.
District Attorney Mike Taylor and Tennessee Bureau of Investigation Agent David Emiren presented evidence to the grand jury, seeking an original indictment against James Blaylock, 48, of the Cranmore Cove community west of Dayton. Blaylock was never arrested in connection with the shooting death of his son-in-law, Roger Stone, 42, of Dayton.
“The case was investigated extensively by the Rhea County Sheriff’s Department as well as TBI,” Taylor said Friday. “We presented the evidence in the case as well as the law regarding second-degree murder, voluntary manslaughter and reckless endangerment. We also advised the grand jury of the law on self-defense. They no-billed all of the charges.”
Taylor said that since no one is allowed in the grand jury room while it deliberates, he doesn’t know why the grand jury decided to issue a No Bill.
Stone became upset Feb. 26 when he couldn’t find his wife, Melissa, according to Chief Deputy John Argo with the Rhea County Sheriff’s Department. First he called, then he went to Blaylock’s home on Montgomery Road off of Cranmore Cove Road. The two men argued, and Stone finally left.
Melissa Stone was not at the Blaylock home but was staying with another family member, Argo said.
Stone drove over to the Blaylock home again just after 2 p.m. Sunday, according to Argo.
Blaylock then stepped out onto the front porch of his doublewide mobile home armed with a Winchester 20-gauge pump shotgun.
“According to the witnesses, Blaylock told Stone to get off his property,” Sheriff Mike Neal said last March. “Stone refused to leave and began moving toward the home. Blaylock fired one warning shot. Stone is then supposed to have said, ‘you’re going to have to kill me,’ and ran toward the home.”
Blaylock fired a second shot, striking Stone in the chest with a load of birdshot from less than 15 yards away, the sheriff said.
Stone turned around, walked back to his Chevrolet Blazer and sat down in the driver’s seat.
Sgt. Matt Rose with the sheriff’s department was the first officer on the scene, arriving at 2:21 p.m., just moments after the shooting.
Rose said he moved to the Blazer and saw Stone inside. He then became aware of Blaylock sitting on the steps to the porch.
“Blaylock said, ‘I shot him,’” Rose said Monday.
Rose then moved to a position where he could cover both Blaylock and Stone until Deputy Josh Jordan arrived a moment later.
“I checked on Stone and I could tell he had been shot with a shotgun,” Rose said. “His breathing was real shallow, but he was still alive.”
Dayton Patrolman Adam Smith arrived next and then Deputy Charlie Qualls. The four officers secured the scene, and Qualls took Blaylock into temporary custody.
Paramedics from Rhea County Emergency Medical Service arrived and began administering cardiopulmonary resuscitation. They transported Stone to Rhea Medical Center, but he was pronounced dead at the hospital.
Officers found the shotgun lying on the porch railing. Blaylock had unloaded the shotgun prior to police arriving. No weapon was found on Stone.
Three women inside the home, as well as the neighbor in the driveway confirmed Blaylock’s version of events, according to Neal.
Labels: domestic dispute, TN
Alexandria, Louisiana
From Alexandria’s TheTownTalk.com of February 13, 2006
Store clerk kills suspected robber
An Alexandria man was shot and killed on Sunday during what is believed to have been a failed holdup attempt, Alexandria Police Lt. Mike Rennier said.
Walter Louis Walker, 39, of 1244 Huffman St., was shot in the head at least two times by a clerk when he attempted to rob Tobacco Hut No. 2, located at 2350 Overton St., Rennier said.
According to police records, the clerk told police that Walker approached the counter at 12:07 p.m. and demanded money while holding his hands in his pockets.
Rennier said the clerk then shot Walker and called police to the scene. Walker was pronounced dead at the scene, according to police reports.
Police found no weapon on Walker, Rennier said.
"The clerk said he thought Mr. Walker had a gun in his pocket," Rennier said. "Officers were dispatched to the store and found the individual deceased. It looks like a case of an armed robbery gone bad."
Rennier said the initial investigation had turned up particular motive for the robbery attempt.
The clerk's identity was being withheld Sunday because of investigation concerns, Rennier said.
Rennier said an initial investigation indicates the shooting was an act of self-defense.
The police report refers to the clerk as the victim in the incident.
According to police records, there were no other people in the store at the time of the shooting and no potential witnesses had emerged.
No further details were available late Sunday, Rennier said. The shooting remained under investigation.
Labels: business robbery, LA
Spokane, Washington
From Spokane’s KXLY.com of February 12, 2006
One wounded, one at large following attempted home invasion
One man was shot and wounded and a second is at large following an attempted home invasion in North Spokane Saturday night.
The incident happened around 8:30 pm at the Rosewood Club Apartments located at Standard and Magnesium in North Spokane.
According to investigators on the scene, two suspects, armed with a knife and a pellet gun, tried to force their way into one of the apartments.
The resident of the apartment, armed with a small-caliber automatic pistol, shot one of the intruders, striking him twice in the chest and lower torso.
The suspect who was shot fled the apartment and got as far as the sidewalk in front of the apartment building before he collapsed.
The second suspect fled the scene and is still at large.
The injured man was transported to a local hospital for treatment.
The resident is talking and cooperating with the investigators and says that he doesn’t know who the suspects are and why they were trying to get into his apartment.
Labels: home invasion, WA
Veneta, Oregon
From the Eugene Register-Guard of February 11, 2006
Self-defense cited in fatal shooting
A Veneta man who shot and killed an intruder early Friday acted in self-defense and will not be charged with a crime, the Lane County district attorney said.
Tony Gilbert Hernandez, 58, shot the intruder at least twice with a 12-gauge shotgun as the man beat him with a collapsible metal baton, investigators said.
The baton left deep cuts in Hernandez's scalp that had to be stapled shut at Sacred Heart Medical Center in Eugene. He also had injuries on his back.
"This is what we would call self defense," District Attorney Doug Harcleroad said. "You're allowed to use deadly physical force under Oregon law when you're in fear for yourself or your property."
The sheriff's office later identified the intruder as John Aaron Rippet, 40, whose last known address was in Eugene. They found no identification on the man's body, and Hernandez told investigators he had never seen the man before, sheriff's Lt. Randy Smith said.
Hernandez told deputies that someone knocked on his door at the Applegate Apartments, 25011 Hunter Ave., about 5 a.m.
He opened the door and the man attacked him with the baton, beating him on the head and body, Smith said.
The struggle started in the doorway of the two-story apartment and moved throughout the first floor.
"The suspect was continuously yelling at the resident that he was going to kill him," Smith said.
Hernandez broke free and ran to an upstairs bedroom, Smith said. He tried to close the door on his attacker, but the fight continued.
He grabbed the shotgun and fired, Smith said.
Hernandez chased the suspect downstairs, where one of the shots blasted through the front door, scattering pellets and wadding in the parking lot.
He called 911 at 5:06 a.m. and said he had shot an intruder. At least one neighbor heard the shots.
Rippet was dead in the living room when deputies arrived. An autopsy is scheduled for today.
Detectives did not know why Rippet targeted Hernandez. They found no evidence inside his apartment that explained Rippet's motivation, Smith said. And Hernandez said he did not know Rippet, the lieutenant said.
Investigators also had not determined how the man got to the apartment.
Labels: assault, home invasion, OR
2/9/06
Milwaukee, Wisconsin
From TheMilwaukeeChannel.com of February 9, 2006
Mom Fights Back Against Burglar
A Milwaukee mother she woke up Thursday morning to find an intruder in her house, but she was more than equipped to defend herself, her children and her little brother.
The man went through a window into the woman's house.
Her first instinct, she told 12 News, on hearing the breaking glass downstairs at the front door was to call 911, which she did.
But, with her young son and teenage brother downstairs, she decided she couldn't wait and had to take things into her own hands.
At 6 a.m., she was awakened by the sound of broken glass, and it terrified her.
WISN 12 News is not identifying the woman, or the house, at her request.
"I called 911. I grabbed the pistol, and I came down the stairs. As I was coming towards the front door to see what all the commotion was at, he was kind of walking towards the direction of me, and I fired two shots," the woman said.
The shots sailed a bit over the intruder's head into the wall as he dropped to the ground.
But the woman said the drama was far from over.
Bleeding from the broken glass, he scampered into the front room where her 6-year-old son and 16-year-old brother were scared to death.
"Right after I fired two shots, he kinda ran into the living room and grabbed my little brother by the neck, and I told him, 'If you do not let him go, I will kill you.' I said, 'I'm gonna count to three.' And I said, 'One, two,' and the police were already at my door, and they told me to put the pistol down. 'We got him. We'll get him. Don't worry about it,'" she siad.
She was grateful police arrived as quickly as they did, for her sake and his.
"Maybe next time before you go to leap in somebody's house he'll think about it because it might not be a next time, and he might not survive. Because if the police hadn't came I probably would've kept shooting," the woman said.
She said she bought the gun last summer after her older brother was murdered.
"I never knew when, but I always wanted to have it," she said.
Still shaken by actually having to use it, she's glad she was able to do what she had to do.
"We're OK, you know, we're OK. This was a scare. It was a scare, but we're all right and he's all right," the woman siad [sic].
Police confiscated her gun, which is standard procedure in any shots-fired incident in Milwaukee...
No charges are expected, and she will likely have her gun back in a day or two, 12 News reported.
The suspect is a 43-year-old Green Bay man with two theft convictions.
He told the woman he was only breaking in because he was afraid because somebody was shooting at him outside.
Labels: residence burglary, WI
Fairfield, California
From the Vallejo Times Herald of February 9, 2006
Fairfield man kills would-be robber
Police say a father shot and killed an armed intruder in self-defense Tuesday night during a botched home invasion robbery.
Ahmad Rashad Mahdee, 28, of San Francisco was airlifted to John Muir Medical Center in Walnut Creek, where he was pronounced dead from two gunshot wounds to the torso, police said Wednesday.
Citing safety concerns, police are withholding victims' names.
At about 10:30 p.m., Mahdee and three other men approached a home on the 1700 block of Indiana Street, where the father and a friend were standing in the front yard, police said.
The four forced the father and his friend into the home at gunpoint, police reported. The father's young daughter was inside at the time.
Once inside, Mahdee took the father into a bedroom at gunpoint and demanded money, while his companions held the friend and daughter at bay, police said.
Fearing for his life, the father reportedly grabbed a registered .38 snub-nose revolver from his nightstand. After a struggle over the weapon, the father fired his gun several times, hitting Mahdee twice in the torso, police said.
The other three men heard the gunfire and fled on foot. Suspect descriptions were "sketchy," Lt. Tony Shipp said, but investigators are gathering information on possible associates of Mahdee.
The father, his friend and the young girl all escaped injury, police said, and investigators [sic] at the scene determined that the father had acted lawfully in self-defense, so he was not detained.
Labels: CA, home invasion, residence robbery
Princeton, West Virginia
From the Bluefield Daily Telegraph of February 9, 2006
Robertson not guilty of murder
After more than seven hours of deliberation, a Mercer County jury decided a Princeton man shot his son-in-law in self defense. Jerry Lee Robertson, 49, was accused of killing his son-in-law, Aaron Paul Lowe, 26.
Lowe was allegedly inside Robertson’s home, a house where Lowe also once lived, at the time of the fatal shooting. What happened inside the house on Sept. 10, 2005 remained a key point of contention between the state and the defense throughout the trial that started Tuesday in Circuit Court Judge Derek Swope’s courtroom.
During the proceedings, Prosecuting Attorney William Sadler and Assistant Prosecuting Attorney George Sitler said Robertson planned the shooting. They argued that Lowe was family, that he had a right to be in the house, and the only movement he made before he died was toward the door, and not Robertson.
The prosecution also argued that Robertson had the gun in advance, and loaded it in advance, therefore making the murder premeditated.
Meanwhile, Robertson’s attorney, Joe Harvey, argued that Robertson was simply defending himself against Lowe. With a history of past altercations, Harvey said his client had reason to fear for life and saw no other choice but to pull the trigger the day Lowe died.
Harvey also stated that Robertson, who suffers from neck and back injuries, was defending himself and his house. Considering his size, standing at 5 feet, 3 inches tall, Harvey said he turned to a gun for protection.
Testimony from Robertson’s preliminary hearing indicated that Lowe had been sitting on the couch when he was shot and may have removed his baseball cap and laid it on the couch.
Just after the shooting, Robertson allegedly told Det. Sgt. C.N. Poe of the Princeton Police Department, that Lowe was no good, and had “broken in on me.” When informed that Lowe was not yet dead, Robertson allegedly told Poe, “I must have missed.”
Labels: domestic dispute, WV
Reading, Pennsylvania
From the Reading Eagle of February 9, 2006
Jury acquits city woman in shooting
A Reading woman wept Wednesday in Berks County Court when she was acquitted in the shooting of a woman during an argument about parking tickets.
Heather Ebling, 23, of the 100 block of North Fourth Street was acquitted of attempted murder and related charges in the shooting of Bethzaida “Betsy” Rios, 28, at Fourth and Washington streets Feb. 9, 2005.
In an unrelated shooting, Rios of 1142 Marion St. was killed April 2 at a birthday party at a speakeasy in a city row house.
…
Ebling told the jury she fired her gun because she thought Rios was going to stab her with a knife.
“She (Rios) came over and started banging on the window,” Ebling said. “I thought she had a knife. I went over to my glove box and pulled out my gun. I didn't know what to do.”
Ebling said she didn't mean to harm anyone.
Witnesses said Rios was shot in the right arm and chest.
Prosecution witnesses testified Ebling shot Rios with a 9 mm handgun when Ebling was arguing with Rio's friend, Rosa Rivera, over parking tickets.
Ebling was dating Rivera's son Jeremiah, Rivera testified.
Rivera said she bought a car for Ebling because Ebling did not have enough credit.
Rivera said she and Ebling argued at District Judge Thomas H. Xavios' city office because Rosa Rivera had to pay $700 in parking tickets for Ebling's car.
Ebling testified that Jeremiah Rivera told her some girls were going to kill Ebling.
When Ebling left the courtroom she saw her tires were slashed and she reported it to police, she said.
Later that night, Rosa Rivera testified, she was driving with Rios in Rios' yellow Lexus when Ebling ordered Rios to pull over.
“Heather fired point blank at her (Rios),” Rosa Rivera testified. “I heard the blast and I saw the sparkles.”
Rios then drove herself to Reading Hospital, Rosa Rivera testified.
Ebling's lawyer, Eric K. Dowdle of Allentown, said Ebling fired the shots because she was defending herself when Rios held her at knifepoint.
“Heather Ebling decided not to live like a rat in a cage,” Dowdle said. “She decided to no longer be afraid.”
Howard countered Rios did not use a pocketknife that was found in Rios' glove box.
“There was no knife when this woman shot Betsy Rios,” Howard said.
Labels: altercation, PA
Fairbanks, Alaska
From the Fairbanks Daily News-Miner of February 9, 2006
Teens try to rob gun store
Three teenagers are in jail after the owner of Alaskan Guns and Ammo withstood a blow to the head Wednesday afternoon and pulled a gun on his assailants, according to Fairbanks police.
One of the would-be robbers struck store owner Stevan Smith on the back of the head with a crowbar. Smith said he thwarted the robbers when he pulled a gun. One robber fled and Smith said he held the other two at gunpoint until police arrived.
"As soon as I got the gun out, the situation changed dramatically," the 62-year-old said.
Smith sustained a minor injury from the crowbar but declined medical attention, saying he felt OK. He later learned that two of the suspects also had guns.
The incident happened about 2 p.m., shortly after the three boys entered the store at 308 Sixth Ave. and began looking around.
"They were just asking questions about hunting," Smith said.
One of the youths had been in the store before. Otherwise, Smith was not acquainted with them.
Their behavior seemed suspicious, Smith said, but he declined to elaborate. As soon as Smith turned his back on one of them, he was struck with what felt like a hammer, he said.
"He hit me hard," Smith said.
The proprietor almost fell to the ground but kept his composure. Then the tables turned.
"Once I pulled my gun out," Smith said, "he bolted. The other two were trapped. They couldn't get out. I just told them to stay and face the wall until police arrived."
Two of the youths, ages 16 and 17, face charges of first-degree robbery. The third teenager, arrested later at his home about eight blocks from the gun store, faces charges of first-degree robbery and third-degree assault, Fairbanks police Sgt. Eric Jewkes said. Jewkes said the youth with the crowbar carried a firearm at some point but "stashed" it inside the gun store. One of the two who were held at gunpoint by Smith also had a gun.
Labels: AK, assault, business robbery
2/7/06
Westerlo, New York
From the February 7, 2006 Albany, New York Times-Union:
WESTERLO -- A New York City man has been charged in connection with the theft of nearly two dozen firearms that were stolen last month from a rural gun store in southern Albany County.
Most of the guns have been recovered, including some that were found in New York City in the possession of suspected street gang members there, authorities said.
Richard M. Mwazi, 20, of Queens, is accused of smashing a window and stealing 21 guns from the Southwings Gun Shop on Route 405 on Jan. 22. The burglary took place a week after another burglary at the store in which three handguns were taken, and Mwazi is a suspect in that break-in as well, police said.
Mwazi's mother, who works for the United Nations, has a summer home on Sleepy Hollow Road in Athens, not far from the gun store, authorities said.
During the second burglary, the store's owner fired a shot at Mwazi's car as he fled, striking the vehicle, and that would later help Albany County sheriff's investigators confirm that he was involved in the heist, sheriff's officials said.
Labels: business burglary, NY
Johnson County, Texas
From the February 7, 2006 Burelson-Crowley Connection:
Paul Peterson, 22, of Fort Worth, “who went on a one-man crime spree” and was shot Jan. 30, is in custody at the Johnson County Corrections Center on $17,000 in bail after being released from John Peter Smith Hospital in Fort Worth, Johnson County Sheriff Bob Alford said.
...
Peterson reportedly stole a Ford pickup about 6:30 a.m. Monday belonging to a Joshua resident that was parked in Big Willy’s parking lot along Interstate 35 and Farm-to-Market Road 1187. He was then involved in a hit-and-run accident in the vicinity of I-35 and Renfro in Burleson. Alford said several motorists called 9-1-1 because of the reckless way Peterson was driving.
Alvarado police then attempted to locate the vehicle, which crashed into a guard rail at the Greensville/Barnesville exit on I-35. Callers related that Peterson jumped out of the vehicle and fled on foot and Johnson County deputies became involved.
A call at 7:30 a.m. from a residence in the 8800 block of I-35 reported a suspicious person wanting the residents to hide him in their attic. The man was identified as Peterson, who again fled the area on foot into a wooded area near a creek.
At about 9:40 a.m. Peterson resurfaced and was observed breaking into vehicles located in the 3400 block of County Road 204. Peterson then made his way to the 3700 block of CR 204 where he had broken into a vehicle, a building and then stole a Kawasaki All-Terrain Vehicle that was later recovered with stolen property on it, including a .22-caliber rifle.
Peterson next showed up in the 4200 block of CR 204, where he attempted to solicit help to get back to Arlington.
“This is when Peterson was confronted by one of the owners of the stolen property, a fight ensued, and Peterson was wounded when shot with a shotgun,” Alford said.
Labels: street property theft, TX
Manchester, New Hampshire
From the February 6, 2006 WMUR channel 9:
MANCHESTER, N.H. -- Two people were arrested in connection with an armed robbery at a Manchester market in which the store's owner wrestled a gun away from a man who was pointing the weapon at his wife.
Police said that Patrick Shiner, 22, of Deerfield, N.H., pointed a gun at Zohra Lakbiri, who was working as a clerk at the Orange Street Market, during a robbery attempt on Friday.
Police said Lakbiri's husband, Matti Kenzou, was able to sneak up behind Shiner and grab the shotgun, pointing it toward the ceiling. The two wrestled while police were called. Two friends entered the store and helped Kenzou subdue the man.
"I couldn't think, especially when I saw my 4-year-old son yelling, 'Don't kill my daddy. Don't kill my mommy,'" Kenzou said. "That was it, and beside that, I was lucky."
Investigators said that Shiner and his girlfriend, Dorothy Collins, were going to use the money from the robbery to get an apartment.
The two were staying at a Manchester motel. Police said that Collins was supposed to be Shiner's getaway driver, but she fled when she realized that something was going wrong.
Police tracked Collins down to the Manchester Inn and recovered a second shotgun under the bed. Both of the weapons had the serial numbers removed, and police said that Collins told them she was planning on selling them after the robbery.
Labels: business robbery, criminal's gun taken away and used against him, NH
Effingham County, Georgia
From February 6, 2006 WTOC channel 11:
Deputies were called to the Timesaver on Deerfield Street after a man apparently walked in with a gunshot wound.
Deputies now say that three men--David Wiltz, Burney Cobb, Jr., and Timothy Sikes--forced their way into a home on Zeigler Road and tried to rob the man living there at gunpoint. They had a shotgun, but the homeowner had his own gun and opened fire, hitting Wiltz.
The men took off, but when they got to Highway 80, they kicked Wiltz out of the car at the Timesaver. That's where where police and ambulance crews found him.
Labels: GA, home invasion, residence robbery
Oklahoma City, Oklahoma
From February 4, 2006 NewsOK.com:
"What's up, fool?" David Anderson said as he opened fire with a .45-caliber pistol.
Show Video
The startled intruder scrambled through the broken door of Anderson's northeast Oklahoma City business and hit the streets -- but not before taking a bullet.
Friday's shooting still is under investigation, but so far, police said, Anderson is thought to have acted in self-defense, firing his weapon to protect his business from at least one would-be burglar.
Shannon Johnson, 17, was struck once in the leg, police Lt. Stan Van Nort said. He was treated at a city hospital, then arrested on a complaint of second-degree burglary.
About 1:20 a.m., someone broke into the Clean As A Whistle clothing store in the 1800 block of NE 23, police Sgt. Gary Knight said. Police found a broken glass door and searched with a police dog, but didn't turn up any suspects.
Anderson, 44, said the broken door prevented him from securing his store, so he decided to spend the night inside with his "buddy," the .45-caliber semi-automatic pistol.
About 7:30 a.m., a pounding noise awakened him. Someone was outside.
"I'm like, 'I know these fools aren't this stupid,'" Anderson said. "But by the time I got up and got my 'buddy' and started making it to the door, the door came flying open and he came running in."
Anderson said he ducked behind a clothes rack and watched the intruder approach a pair of white-and-gold Air Jordan basketball shoes.
Labels: business burglary, minor offender, OK
Gwinnett, Georgia
From the February 4, 2006 Atlanta Journal-Constitution:
Gwinnett detectives are searching for a Hispanic man that they know only as "John" who may have shot and killed a would-be armed robber in Norcross last week.I wonder if "John" is hiding because he is an illegal alien, and is afraid of deportation.
Police think "John" acted in self-defense, and if he comes forward to talk to detectives, he most likely will not be charged with a crime.
"We just want him to come forward and tell his side of the story," Gwinnett police Detective Steve Shaw said. "I believe that he is scared and is probably in hiding, but we will search for him until we find him."
Homicide detectives found the body of 18-year-old William D'Juan Jones of Decatur Jan. 25 in the breezeway of an apartment at 3229 Sunrise Village Lane. Jones was carrying a loaded gun and had a red bandana covering the lower part of his face .
Investigators have learned that Jones was part of a robbery crew that had driven to the apartment complex that day, Shaw said. The robbery crew had randomly picked "John" to rob and followed his dark-colored or burgundy Intrepid or Stratus, police said. Police learned about "John" in interviews with members of the robbery crew.
Labels: GA, street robbery
Muskogee, Oklahoma
From the February 4, 2006 Muskogee Phoenix:
A Porum woman shot during a struggle with a burglar Thursday told authorities she believes she hit the intruder with at least one shot.
Muskogee County Deputy Jeff Smith said investigators interviewed Tammy Brown, 33, Friday at Saint Francis Hospital in Tulsa, where she was recovering from a gun-shot injury to her chest. Smith said Brown’s condition is critical, but stable, and improving.
“She (Brown) told medics from the Porum Fire Department she thinks she hit the suspect at least once,” Smith said. “Investigators found blood on the couch, but right now we have no confirmation regarding the source of that blood.”
Smith said Brown is expected to improve.
Meanwhile, Muskogee County investigators continued their search for evidence inside Brown’s home. Muskogee County Sheriff Charles Pearson said Thursday the intruder had left a trail of evidence throughout Brown’s home during his apparent search for weapons.
Smith said investigators have a few subjects of interest but have made no arrests in the case.
Labels: defender shot, OK, residence burglary
Memphis, Tennessee
From February 2, 2006 WREG-TV channel 3:
MEMPHIS - Crime tape straddles Castalia Supermarket in South Memphis. Police say three armed gunmen wearing masks walked in and tried to rob the place. "All I saw was somebody running out the store," says witness Benny Burnett. But not before the owner fought back and pulled out a gun of his own. "There was a shootout between them and the store owner, the store owner was hit," according to Lt. Mickey Williams.From February 1, 2006 WPTY channel 24:
Witnesses say the whole thing was down right bloody. "He was bleeding like a hawk where ever they shot him at it was blood all in front of the store," Burnett says. Police would only say there were numerous people in the store when it happened and they're trying to figure out if the other person shot was an employee or customer.
Memphis Police are looking for three armed robbers.
The three were wearing maskes when they robbed the Castalia Supermarket at 1717 Castalia, near Frisco Avenue in South Memphis on Wednesday night.
During the robbery, police say the store’s owner and a customer were shot. Both were taken to local hospitals to be treated for non-life threatening injuries.
The three robbers got away, but police believe at least one of them may have been hurt in the gunfight.
Labels: business robbery, defender shot, TN
East St. Louis, Illinois
From the St. Louis Post-Dispatch of February 7, 2006
87-year-old woman fatally shoots man in her homeFrom the St. Louis Post-Dispatch of February 8, 2006
An 87-year-old East St. Louis woman fatally shot a man early this morning as he was trying to break into her house.
Police said they found the man, Larry D. Tillman, 49, of East St. Louis on the enclosed front porch of the woman’s house in the 2100 block of Gaty Avenue. He had pulled the telephone wires from the side of the house, then removed security bars from a porch window.
As the man was breaking through a storm door that leads into the house itself, the woman fired several shots through her front door, striking Tillman once in the chest.
Police said the shots were fired from a pistol, most likely a gun that her daughter had given her after a man broke into the elderly woman’s house in December, battered her and stole some items.
The man may have been dead for as long as four hours before police arrived. Police said that the woman was not sure that she had hit Tillman when she fired the shots about 2 a.m. However, she was too afraid to go outside to check and could not call for help because the telephone lines were dead.
When the woman’s daughter arrived about 6 a.m. to bring her mother breakfast, she found the dead man on the porch, police said.
Illinois State Police Master Sgt. Jim Morrisey said evidence taken from the December home invasion would be compared to the break-in today to see if Tillman was responsible for both crimes.
Police will check 87-year-old woman's story in shootingFrom the St. Louis Post-Dispatch of May 23, 2006
Illinois State Police investigators said Wednesday that they have every reason to believe that Jacksie Mae King, 87, was justified in firing a shot through her front door that struck and killed an intruder early Tuesday.
Even so, Master Sgt. James Morrisey said that investigators would spend two weeks or so examining ballistic evidence before presenting the case to Robert B. Haida, the St. Clair County state's attorney, who would determine if criminal charges are warranted.
"Based on the evidence that we saw yesterday and the interview with (King), it would appear that she was justified in defending herself," Morrisey said.
Police said that King awoke about 2 a.m. Tuesday to the sound of someone trying to break into her house in the 2100 block of Gaty Avenue. Two months earlier, King's daughter had given her a pistol after a man broke into her house, beat her and stole some items. King told police that she grabbed the pistol and fired several shots through the front door at a man who had removed security bars to get on to her enclosed porch.
One of the bullets fatally wounded Larry D. Tillman, 49, who lived nearby.
King couldn't call for help because her telephone line had been cut. Her daughter, Pamela Paulette-Clark, discovered Tillman's body when she came by at 6 a.m. to bring her mother breakfast.
Morrisey said that investigators were examining evidence from the earlier home invasion at King's residence to see if Tillman was involved. Tillman had a long criminal history, including two convictions for residential burglary.
"We'll take any evidence that was collected from the home invasion and we'll compare that with what was collected yesterday to see if Mr. Tillman was involved" in both incidents, Morrisey said.
Neither King nor Clark could be reached on Wednesday.
Haida said that a homicide can be considered justified under Illinois law if a person believes "that they are in imminent threat of harm" or if an attacker uses "some sort of weapon or object to cause great bodily harm or death."
Haida said he would take the matter under advisement after the State Police sends the case to him for his review.
"I don't want to prejudge anything," he said. "We have an obligation to judge the facts carefully."
He added: "If Jim Morrisey and his office suggest that there should be no charges, that won't dictate the outcome but certainly we won't overlook their opinion."
No firearms charges against woman, 87
An 87-year-old woman who fatally shot a would-be intruder will not be charged with a crime, even though she did not legally own the gun, authorities said Monday.
On Feb. 7, Jacksie Mae King fired several shots through the front door of her house after she woke up about 2 a.m. to the sounds of someone trying to break in.
One bullet hit Larry Tillman, 49, who was on the other side of the door, standing on King's enclosed porch.
He lay dead on the porch in the 2100 block of Gaty Avenue for four hours before he was found by King's daughter, who came to bring breakfast about 6 a.m. Meanwhile, King stayed inside clutching the pistol.
"She was justified in using deadly force to defend herself against the threat of deadly force," said Robert B. Haida, the St. Clair County state's attorney.
King's daughter gave her the .32-caliber Colt revolver two months earlier after a man broke into King's house in December. That intruder beat her and stole some of her things. In both incidents, the telephone lines to King's house were cut, and security bars were removed from a side window.
Labels: home invasion, IL, senior
Manchester, New Hampshire
From Manchester’s TheWMURChannel.com of February 7, 2006
Shooting Death In Manchester Ruled Self-Defense
Man Shot, Killed While Trying To Rob Apartment
The state Attorney General's Office and city police say a Manchester man was acting in self-defense when he shot and killed a Massachusetts man trying to rob him last fall.
Francisco Cruz, 20, of Lawrence, Mass., died on Oct. 16, 2005. Authorities said Tuesday that the shooter, Greg Stroman, had not committed a crime because Cruz and an accomplice entered Stroman's apartment armed with deadly weapons and threatened several people inside.
Cruz had a handgun and Raphael Pamphile had brass knuckles when they entered the apartment that night, police said.
Stroman answered the door, and Cruz first pointed the gun at him, then pointed it at Stroman's uncle and 14-year-old cousin when they tried to leave the room, authorities said.
"While Cruz's attention was diverted, Stroman retrieved his own handgun from another room and shot Cruz," authorities said.
Cruz also fired, hitting Stroman in the hand. Stroman retrieved his gun and a bag of marijuana before fleeing the building without calling police, authorities said. He then got rid of the gun and the drugs and drove to Springfield, Mass., where he was treated at a hospital.
Police responding to a 911 call about a burglary in progress found Cruz dead of a single gunshot wound to his chest.
On the way to the hospital, Stroman called police and told them he had been injured. Eventually, he provided a complete statement that was corroborated by the other witnesses and physical evidence, authorities said.
State law says deadly force in self-defense is justified when someone believes another person is about to use deadly force or hurt someone while committing a crime at his home.
Labels: home invasion, NH, residence robbery
2/6/06
South Bend, Indiana
From South Bend’s WNDU.com of February 5, 2006
House robbery ends with death of suspectFrom South Bend’s WNDU.com of February 7, 2006
A South Bend man is recovering after he was robbed and stabbed in his own home early Sunday morning.
Police say the man apparently turned the tables on the suspect and shot him to death.
Neighbors were shocked to find out there was robbery and shooting and were even more surprised to find out that it could be the victim's next door neighbor who did it.
The sign on the door clearly marks the home on 1234 Brookfield Street as a crime scene. The same goes for the leftover pieces of yellow tape on the house next door.
Police say early Sunday morning a neighbor broke into the house to rob the homeowner.
Neighbor Mildred Franklin says, “My thoughts are not just concerned just the neighborhood. It’s more than the neighborhood it reaches farther than the neighborhood. I hate that it goes on in the neighborhood in which I live but this is more than the neighborhood; this is all over.”
Neighbors say the alleged robber, 29 year old Phoenix Coalmon, lived next door.
Police say Coalmon broke into the house and stabbed the homeowner who then in turn shot him to death.
The St. Joseph County jail says Coalmon was just released Saturday after habitual traffic violations.
Neighbors say they're hopeful the violence won't continue.
Says Franklin, “I keep praying and keep trust in God that the people that doing the killing will develop a thirst for righteous.”
The homeowner was taken to the hospital Sunday morning.
Police say he was in serious condition at the time
Criminal charges will not be filed against Donald Van DusenFrom South Bend’s WNDU.com of March 1, 2006
Criminal charges will not be filed against a South Bend man who shot and killed an intruder during a botched robbery.
NewsCenter 16 has told you about a shooting inside a home on Brookfield Street, Sunday.
The homeowner, 79-year-old Donald Van Dusen, shot Phoenix Coalmon.
Coalmon later died at the hospital.
Police say Coalmon planned on robbing Van Dusen's home. However, during a struggle between the two men, Van Dusen was stabbed.
At a news conference Tuesday afternoon, Prosecutor Mike Dvorak said he felt there was no need to file charges.
"All indications are we will not be charging Mr. Van Dusen. (However), the investigation is not complete," said Dvorak Tuesday.
Investigators have not had an opportunity to interview Van Dusen, but family members say his health is improving.
He remains in the hospital recovering from his stab wounds.
South Bend man who shot intruder, will not face criminal charges
Criminal charges will not be filed against a South Bend man who shot and killed an intruder.
Back on February 5th, 29-year-old Phoenix Coalman attempted to rob 79-year-old Donald VanDusen in his home on North Brookfield.
VanDusen managed to shoot his attacker, but not before being stabbed several times.
St. Joseph County Police say their investigation is complete, and that VanDusen clearly acted in self-defense.
Labels: assault, home invasion, IN, residence robbery, senior
Miami, Oklahoma
From Ada’s KTEN.com of February 6, 2006
Charge against Wyandotte man dismissed
Ottawa County prosecutors dismiss a first-degree murder charge against a Wyandotte man after authorities determined that the shooting was self-defense.
Twenty-one-year-old Michael Anthony Morrison was charged May 2nd in the shooting death of Keith Alexander Gordon.
Gordon was found on a Wyandotte road with a gunshot wound to the face.
U-S marshals arrested Morrison in Kansas City, Kansas, and he returned to Miami in October.
District Attorney Eddie Wyant says an investigation revealed that Gordon was running at Morrison with a belt-like vest containing several shotgun shells, knives and machetes.
Wyant says Gordon's relatives removed the vest from his body and hid it in their home nearby.
Witnesses say Morrison grabbed his gun from his vehicle and shot Gordon when he began running at him with a machete in his hand.
2/4/06
Pilot Mountain, North Carolina
From the Winston-Salem Journal of February 4, 2006
Surry man shoots home intruder
A homeowner shot and injured a man who broke into his house this morning, the Surry County Sheriff's Office said.
Greg and Ashley Durham of 2769 Old Highway 52 woke up about 3:30 when they heard their dog barking outside, the sheriff's office said in a statement.
They saw a person wearing what looked like a hood walking near the back of their house, and called 911.
The man forced open a locked door and came in the front of the house.
Greg Durham "shot the disguised unknown person after the entry into the living quarters of the house, using a .22-caliber rifle," the statement said.
Deputies arrived and found Jason Garrett Chilton, 20, lying on the floor in the front room with a gunshot wound. He was wearing a pillowcase over his face, the statement said.
Chilton, whose address was not available, was in stable condition at Wake Forest University Baptist Medical Center. Deputies drew a warrant charging him with first-degree burglary.
Labels: NC, residence burglary
2/3/06
Anderson, South Carolina
From Greenville’s WYFF4.com of February 3, 2006
70-Year-Old Man Cleared In Fatal Anderson Shooting
Investigators said a 70-year-old man shot his 39-year-old neighbor in self-defense after he was attacked with a chair at his home.
Prosecutors said Thursday they would not charge John Black. Black handed over a gun to police and told them he shot Marc Anthony Pringle on Monday.
Anderson police Lt. Layton Creamer said an investigation found that Pringle had a "tendency to become violent."
Creamer said he doesn't know what the men were arguing about.
Hesperia, California
From the Victorville Daily Press of February 3, 2006
Man cleared in double homicide
Detectives say Armando Ramos acted in self-defense
A man who has been in hiding since a homicide a month ago surrendered to sheriff's detectives, who then released him after determining the killing was in self-defense, officials said Thursday.
On Wednesday, Armando Anthony Ramos, 24, who was being pursued in connection with a New Year's Day double homicide, agreed to meet San Bernardino County Sheriff's homicide detectives at the Hesperia sheriff's station.
A few hours later he walked out a free man with a clear name.
"He was scared to death ... up until the point he walked out the front door he thought we were going to arrest him," Sgt. T.A. Peters of the sheriff's Homicide Division said.
Around 7:37 a.m. Jan. 1, two men were shot inside a home in the 10300 block of Cottonwood Avenue. According to investigators, Johnny Alfred Hernandez, 27, shot and killed Joseph Aaron Wyatt, 23, following a fight at the home.
Peters said that Hernandez then came after Ramos and an unnamed friend who witnessed the shooting. Acting in self-defense, Ramos armed himself with a nearby shotgun and fired several rounds at Hernandez before hitting him in the chest.
"He basically shot Johnny before Johnny could kill him," Peters said.
Hernandez continued out the front door and fired one round from a semi-automatic handgun back into the house before he collapsed on the lawn, where he died still clutching the gun, officials said.
At the time, Ramos fled and authorities spent a month trying to locate him before he turned himself in Wednesday.
"We always believed during the course of the investigation that he had a self-defense issue, based on witness statements from the scene. We'll package our case up and present it to the District Attorney's office in Victorville. But we believe he acted in self-defense and in the defense of others," Peters said. "The DA is not likely to press charges."
Peters said that since Hernandez — who would be linked to the murder of Wyatt — is already dead, the interview and release of Ramos concludes their investigation into the double-homicide.
2/2/06
West Paterson, New Jersey
From New York City’s WCBStv.com of February 2, 2006
NJ Man Defends Home From Burglars
Fires Several Shots And Scares Them Away
Three masked men attempted to rob Eucledes Moya's West Paterson home at around 9 a.m., Moya told police. His wife called from her car and told him that a vehicle followed her and parked in front of their house. That was when Moya reached for his gun.
According to Moya, he foiled an attempted burglary. "They tried to rob my house, three guys came in, one with a gun. I opened the door, and they tried to put a gun to my head,” he said.
The men did not know it, but Moya was armed himself.
Moya said, “I had a gun. He shot at me, and I shot back."
He fired his handgun a least four times but he wasn't sure if he hit the burglars.
"I was afraid for my life. They were shooting at me" Moya recalled.
But three of his bullets landed across the street, including inside neighbor Jessie Gurley's bedroom closet. His wife was in the adjacent bathroom at the time of the shooting incident.
"If I would have been in the line of fire, I would have lost [my life]," he said.
Labels: home invasion, NJ, residence robbery
Winston-Salem, North Carolina
From Winston-Salem’s WXII12.com of February 2, 2006
Three Charged In Attempted Store Robbery
Authorities in Forsyth County said Thursday that three men face charges in an attempted armed robbery in which a store clerk pointed her own gun at the culprits.
The incident occurred at Liberty Street Grocery on Old Rural Hall Road.
The clerk told officers that two men wearing masks entered the business and pointed a handgun at her, demanding money. The clerk said she removed a handgun from beneath the counter and pointed it at the men, who fled the business.
A third man was outside and ran away with the other two men, police said.
Christopher Love and Patrick Cox were charged with attempted armed robbery, according to police. Timothy Neely faces charges of attempted armed robbery and resisting arrest.
Labels: business robbery, NC
Hurst, Texas
From the Dallas Morning News of February 2, 2006
Suspect killed, clerk wounded in Hurst holdup
A gunman who police say robbed a convenience store four times times since July attempted a fifth robbery late Wednesday.
This time, the robbery ended with the gunman's death during an exchange of gunfire with the store's owner, police said.
The robber, whose name has not been released, was found dead behind the H.E.B. Food Mart in the 1600 block of Sotogrande Blvd.
He collapsed after being shot in the chest by the store’s owner, said Assistant Police Chief Richard Winstanley.
The owner was not wounded but a store clerk was shot in the lower back and right arm. The clerk was taken to Harris Methodist Fort Worth and is in good condition, officials said.
"They knew who he was when he walked in the store," Chief Winstanley said.
The gunman ran after he was shot and collapsed near a fence he had scaled behind the store, police said.
Police believe the same man was armed on July 12 when he entered the store and stole money along with the owner's gun. The gunman, police said, returned Dec. 22, Jan. 5 and again on Jan. 9 using the owner's weapon in all of those robberies.
Police set up surveillance at the store and for three weeks there were no holdups, he said.
Around 11 p.m. Wednesday, the armed robber returned as the store was about to close.
“It was the same m.o.,” Chief Winstanley said. “It got to the point [where] the owner knew what to expect.”
No charges have been filed.
The case will be sent to the Tarrant County district attorney’s office for review, Chief Winstanley said.
Labels: business robbery, TX
Bakersfield, California
From Bakersfield’s TurnTo23.com of February 1, 2006
BPD Says Two Suspects Were Back For A Second Visit
The Bakersfield Police say two suspects involved in a home invasion robbery in the Northwest last week robbed the same home last summer.
The BPD says Jose Covarrubias and a juvenile, stole several firearms and other valuables from the Laxson home on Kearney Hills Drive in June.
Last Monday, the BPD says they, along with Jermaine Dabbs broke into the home again. This time, Nathan Laxson shot and killed Dabbs, in self defense.
Labels: CA, home invasion, residence robbery
Jackson, Mississippi
From the TheJacksonChannel.com of February 1, 2006
JPD Investigates Traffic Accident, Shooting
Jackson police are investigating a gunfight that allegedly happened after a traffic accident.
The shooting happened in front of 317 Spanish Court just after 6 p.m. on Tuesday.
JPD said men in a dark-colored Chevy Caprice drove up to Napoleon Smith's home on Spanish Court to confront him about hitting their car.
The men allegedly fired pistols at the home and Smith returned fire with a rifle.
One of the men was hit in the thigh and the other was hit in the neck and chest.
Both men are reportedly at University of Mississippi Medical Center.
So far, officers have not filed any charges.
2/1/06
Orange County, Florida
From the January 30, 2006 Orlando Sentinel:
A man approached two patrons outside Kathy's Wings & Subs and tried to grab a chain that one of them was wearing, Miller said. The second patron tried to intervene, and that's when the robber shot both.
A third person who saw what was happening managed to "disarm the bad guy," Miller said, but the robber pulled out a second gun and the two shot at each other. It was unclear whether the suspect was injured.
The condition of the two patrons who were shot was unknown at press time.
Labels: criminal's gun taken away and used against him, FL, street robbery
San Diego, California
From the February 1, 2006 San Diego Union-Tribune:
The shooting death of 37-year-old Steve Salcido after a confrontation in November over a cigarette in the Gaslamp Quarter has been ruled justifiable homicide, San Diego police said yesterday.
The man arrested in connection with the case will be prosecuted on a charge of carrying a concealed gun without a permit, homicide Lt. Kevin Rooney said.
Brooks, 54, was released from jail within three days when the District Attorney's Office declined to file charges.
...
Salcido was alive but unconscious and in grave condition at a hospital. Detectives were never able to talk to him. He died Dec. 28, and the case became a homicide investigation.
Immediately after the shooting, witnesses told officers Salcido had approached Brooks on the street and asked for a cigarette. When Salcido was turned down, he followed Brooks, pulled out a folding knife and confronted Brooks again.
The two fought. Brooks drew a gun and Salcido was shot in the neck, police said.
Brooks was arrested on suspicion of attempted murder and assault with a gun when an officer saw him standing near the wounded man with a gun in his hand.
A knife involved in the incident was recovered nearby on the sidewalk.
Witnesses identified Brooks as the man who shot Salcido, police said. Others said Salcido had come at Brooks with a knife and there was a struggle before a shot was fired and Salcido was wounded.
South Houston, Texas
From the February 2, 2006 Pasadena, Texas Citizen:
South Houston police are looking for two men involved in an aggravated robbery about 4:30 a.m. Sunday at Bingo Paradise at 1510 College.
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The manager of the business told police he was approached by a light-colored Hispanic man about 6 feet tall and weight about 180 pounds. The complainant told police the suspect stated "money, money."
The suspect pointed a black semi-automatic handgun at the business' manger. The manager grabbed the weapon and, during the struggle, one shot was fired hitting the manager's pinky on his right hand.
The manager was able to get his own gun out of his desk and hit the suspect in the head with it. The manager never fired a shot at him. The business had 10 other patrons at the time of the incident.
There were no other reported injuries.
The suspect ran out of the business and an armed security guard told him to stop. The security guard told police the suspect shot at him five more times.
The security guard fired 12 shots at the suspect before he got into a white Dodge Neon that was circling the parking lot with its lights off. The vehicle was not displaying license plates and was being driven by a white male with a shaved head and a thick mustache.
Labels: business robbery, defender shot, TX
Hialeah, Florida
From the Miami Herald of February 1, 2006
Hialeah security guard shot at supermarket
A supermarket security guard in Hialeah was shot with a pellet gun when two men tried to rob a Sedano's Supermarket earlier today.
Manuel Ferro, 80, an armed guard, fired back at the two men who immediately drove off, said Alvaro Nunez, a manager at Sedano's Supermarket, 3925 Palm Ave.
Shot near his right kidney, Ferro was transported to Jackson Medical Hospital at 3:30 a.m., his daughter Xiomara Ferro said.
But his injuries were not life threatening, and he will be back at work as soon as he recovers, she said.
''He's no coward,'' she said.
According to Nunez's account, two men walked through the door and shot him.
''Apparently [Ferro] shot them twice. They fled in a car. They didn't even get to go into the store,'' Nunez said.
It's not known if Ferro struck any of the suspects.
Labels: business robbery, defender shot, FL
Layton, Utah
From Salt Lake City’s The Deseret News of February 1, 2006
Intruder is shot in alleged burglary
A victim of an alleged burglary turned a gun on the intruder, sending him to the hospital Tuesday morning.
Police said a man was asleep in his apartment, near 600 West and 1400 North, when he heard a knock at the door about 2 a.m. When he answered the door, no one was there and the next thing he knew, a man had broken the window and was climbing into the apartment, Layton Assistant Chief of Police Craig Gibson said.
The man grabbed his gun and yelled at the intruder, later identified as 19-year-old Eleazer Maya, to leave, and when he didn't comply, shots were fired.
"He shot about nine rounds and struck him three times, two in the leg and one time in the hand," Gibson said.
Gibson said Maya told police he thought it was his own apartment and that the relative living with him just wasn't letting him in. He said Maya may have been intoxicated at the time.
Maya was treated at a local hospital and later booked into the Davis County Jail on alleged charges of burglary.
Labels: residence burglary, UT
