4/30/06
Indianapolis, Indiana
From TheIndyChannel.com of April 30, 2006
Man Seriously Injured In Supermarket Shooting
A man was seriously wounded in a shooting at a Marsh Supermarket Saturday night on the city's west side.
Police said a security guard shot the man as the man tried to rob a woman in the restroom of the Marsh at Lynhurst Drive and Rockville Road.
Officials said the security guard ordered the gunman to stop, but the man didnt comply. That's when the guard shot the man.
Police said the man took off in a vehicle with others inside, but they were caught when they stopped in a Taco Bell parking lot nearby.
The man was listed in critical condition at a hospital on Saturday night. The woman police said the man was trying to rob was not hurt.
Labels: business robbery, IN
4/29/06
Rio Rancho, New Mexico
From the Rio Rancho Observer of April 29, 2006
DA decides August '05 killing in RR was self defense
Police are still investigating the Easter Sunday death of Rio Ranchoan Sarah Feeney in her Entrada Point apartment, but 13th Judicial District Attorney Lemuel Martinez was able to answer questions about one of 2005's murders.
Matthew Durand, a 27-year-old Rio Rancho resident, was found dead in the front yard of a Sunflower Drive home last August. Although police investigated the case as a homicide, Martinez determined that the defendant had a "good case of self defense," he said.
The potential defendant, whose name is being withheld because he was never charged, saw Durand in his front yard, acting weird and carrying an ice pick. The defendant then retrieved his gun and went into the yard to convince Durand to leave, Martinez said. He did not say what kind of gun the defendant had.
Durand then tried to take the gun, Martinez said, and the pair fought over it until the weapon discharged in Durand's face.
The defendant then waited until police arrived to answer their questions; his wife had called 911 when the fighting began.
Martinez said that because there was "no real evidence of any wrongdoing," he would not pursue the case.
He added that he was not necessarily satisfied that the case is closed.
"If there's a neighbor who saw anything different and would like to come forward, we would be happy to look into it again," Martinez said.
Albany, Georgia
From Atlanta’s WSBradio.com of April 29, 2006
Albany State Running Back Killed in Robbery
A star running back for Albany State University has been shot and killed after breaking into a house.
Albany police spokesman Lieutenant Kenn Singleton says 21 year old Antonio Atkins and another man are suspected of breaking into the house early yesterday morning.
Atkins would have begun his senior year at Albany State this fall.
Police say Atkins and the other man broke into the home of Johnathan Young, a barber at the Marine Corps Logistics Base-Albany. Young tells police he shot one man with a shotgun after the two entered the home's front door by force.
The home's other occupant, Michael R. Thomas, told police the men came into the house and tried to rob them.
Labels: GA, home invasion, residence robbery
Laredo, Texas
From the Laredo Morning Times of April 29, 2006
Laredo man allegedly shot during conflict
A Laredo man was transported to a local hospital in critical condition after he was allegedly shot in the back by an unidentified gunman who officials said claimed to have acted in self-defense.
Police said the gunman alleged he was merely defending himself from an armed burglar who was trying to break into his southeast Laredo home.
He further claimed he did not know the suspect-turned-victim.
The incident occurred Friday at 5:49 p.m. in the 2900 block of Rosario Street, when the suspect-turned-victim allegedly tried to gain illegal entry into the gunman's home.
Instead, the suspect-turned-victim was met with gunfire.
Police said it appeared the armed burglar obviously did not know the homeowner was armed.
The suspect-turned-victim underwent emergency medical surgery Friday. Laredo police said he was in critical but stable condition Friday night at the Laredo Medical Center. No other injuries were reported.
Further details surrounding the case were not released. Officers did say charges against the alleged burglar were pending his release from the hospital.
The case was referred to the Laredo Police Department Crimes Against Persons Division for further investigation.
Labels: home invasion, residence robbery, TX
Tulsa, Oklahoma
From Oklahoma City’s ChannelOklahoma.com of April 29, 2006
Police: Tulsa Woman Justified In Fatally Shooting BoyfriendUpdate from the Fox23.com of April 29, 2006
Police here believe a woman fatally shot her boyfriend in self-defense but they've forwarded the findings of their investigation to Tulsa County prosecutors, who will determine whether charges should be filed.
Cornell Clemons' death is the 29th homicide in Tulsa this year.
The shooting happened about 10:30 p.m. Thursday at the home Clemons shared with Jane Burns, Sgt. Kim Presley said. Officers found Burns, 22, standing over the 29-year-old outside the house.
She told police she had shot him in self-defense during a domestic argument. Medics pronounced Clemons, a registered sex offender, dead at the scene.
The couple had a history of domestic problems, Sgt. Mike Huff said.
"She had been a past victim of domestic violence by the same subject, and she was trying to leave the residence that evening," Huff said. "He initially said that he was going to slash her tires, and then he lunged at her with the knife." Burns shot Clemons once in the torso and then ran to a neighbor's house screaming for help. A semiautomatic handgun and a knife were recovered from the house.
"She has been cooperative with the investigation, and her story is consistent with the physical evidence," Huff said.
Burns was released after she was questioned Thursday night.
Clemons was charged in March 2004 with assaulting Burns when they lived at another location.
According to court records, he allegedly threw a can of air freshener at her face, hitting her right eye. A police officer who responded to the call said her eye was swollen and that her eyebrow was cut.
The case was dismissed in August 2004 at the request of the prosecution, court records show.
Clemons was arrested in March for failing to register as a sex offender, Presley said.
Police Say Homicide Was Self Defense
Police say a woman who shot her boyfriend to death was acting in self defense. Police say the woman was defending herself from her boyfriend who was coming at her with a knife. Police say the couple did have a history of domestic problems. The man is a registered sex offender with a second degree rape conviction.
The shooting happened at about 10:30 pm on Thursday at the couple's home around 7th and Xanthus. Police say after they have fully completed their investigation they will forward the case to the District Attorney's Office so they can determine if charges will be filed. The man's death was Tulsa's 29th homicide this year.
Labels: domestic abuse, OK
Chicago, Illinois
From the April 25, 2006 Chicago Tribune:
homeowner on Chicago's West Side shot two men Monday afternoon who refused to leave his front porch and then tried to hurt him, police said.
The homeowner, a 50-year-old man, was trying to leave his home in the 2600 block of West Wilcox Street but found two men, ages 21 and 22, loitering on his front porch, Officer John Mirabelli said. He asked them to leave, but the men threatened him and he went back inside, Mirabelli said.
When he came back out, the two men began to attack him.
The 21-year-old was hit in the groin and was in good condition at Stroger Hospital, police said. The 22-year-old was hit in the hip and right leg, and was also in good condition at Stroger.
Columbus, Ohio
From Columbus’ WBNS10tv.com of April 29, 2006
Two Dead After Home Invasion
One man is dead after a home invasion, and one of the suspects is also dead.
This all happened in West Columbus, when several people burst into a home just after 11 p.m. last night.
Police say the man who owned the home on South Cyprus shot one of the suspects before he died.
Police are still looking for other suspects they believe fled the scene.
Labels: home invasion, OH
4/28/06
Diana, Texas
From the Gilmer Mirror of April 28, 2006
Homeowner shoots and kills man at house
A Longview-area man was fatally shot by a homeowner at Diana early Sunday morning, Upshur County Sheriff Anthony Betterton said.
Sheriff Betterton said that on Sunday morning at sometime around midnight deputies responded to a residence in the Diana area concerning a call about a suspicious person.
“On arrival, deputies met with the homeowner. He said that he was alarmed by someone beating on the window of his house,” Betterton said. “He said that as he went outside to investigate an unidentified male was on the ground close to his front door begging for foregiveness.
“The homeowner then told the person to stay on the ground until the Sheriff’s Office could arrive, and he said the male subject got up and started towards him,” Betterton said.
“The homeowner backed away from the person, keeping a safe distance between the two. After several attempts to stay away from the subject an altercation occurred and the homeowner fatally shot the subject,” Betterton said.
Investigator David Dickerson identified the deceased as Clark Martin Thaddeus, 37, of Longview. The name of the homeowner was not released, pending the routine presentation of the case to the county Grand Jury.
Forest Lake, Minnesota
From the St. Paul Pioneer Press of April 28, 2006
Late-night visit leads to charges
Victim says he fired shot in self-defense
Three men face burglary charges after an alleged attempt to collect money in Forest Lake backfired and the supposed debtor shot one intruder in the leg with a shotgun.
Cody Joseph Mezzenga, 19, of Lino Lakes, Nicholas Adam Dereschuk, 19, of White Bear Lake, and Jeremy Scott Flom, 19, of Forest Lake will go to court in May accused of busting into 20-year-old Paul Rohde's apartment.
But Rohde apparently turned the tables and shot Mezzenga in the leg as the others fled. The three suspects are charged with aiding and abetting burglary.
Prosecutors are not charging Rohde, who they say appears to have acted in self-defense.
First Assistant Washington County Attorney Sue Harris said Rohde warned the group he was armed, while the chaos of the situation prevented investigators from determining exactly when shots were fired.
Mezzenga's attorney, Jeff DeGree, said his client probably shouldn't have been at the apartment but was merely going along with the group.
The defendants and other defense lawyers did not immediately return messages or answer calls for comment.
According to a criminal complaint drafted by Washington County Prosecutor Kari Lindstrom from police reports, friends of Dereschuk told police Rohde had either stolen or borrowed at least $250 from him. About 1 a.m. March 2, Lindstrom wrote, Dereschuk, Mezzenga, Flom and about six others drove to Rohde's North Shore Drive apartment to get the money back.
Rohde, who is not charged with a crime, told police he was sleeping when he heard the group trying to kick down his door. He grabbed a shotgun from under his bed, loaded it and walked out of his bedroom.
A witness told police that Rohde yelled out that he had a gun in the house and had the gun pointed at the group when the door was kicked in, authorities said.
The group fled; Rohde said one of the men pointed a handgun at him after he followed the group from the apartment. Rohde said he fired in the direction of the men, the complaint states, and the shot hit Mezzenga in the calf.
Mezzenga spent three weeks in the hospital, authorities said. DeGree, Mezzenga's attorney, said his clinet has suffered "serious complications" and his relatives "don't know whether he'll be able to walk again or work."
DeGree said Mezzenga's relatives were upset prosecutors weren't charging Rohde and challenged the idea he acted in self-defense, noting that no gun other than Rohde's was recovered.
Labels: home invasion, MN
Wilkes-Barre, Pennsylvania
From the Wilkes-Barre Times-Leader of April 28, 2006
Cops: Robber shot during own holdup
An ex-con who authorities accused of aiding fugitive Sean Thomas Quinn in November was shot in a botched robbery attempt Thursday evening on High Street, police said.
Police said Richard Wayne Mills, 47, was shot in the leg by a woman he tried to rob. Minutes later, he was arrested on charges of aggravated assault, terroristic threats, robbery and other charges.
According to police:
Mills entered 264 Rear High St. just before 7 p.m. with a crowbar. Once through the door, he grabbed a samurai sword off the wall and tried to rob two men and a woman inside the house.
Amid the ensuing chaos, someone called 911 and the two men fled the residence.
When Mills tried to rob the woman, she pulled out a gun and shot Mills in the leg. Then she ran out of the house.
Detective Ron Foy said the woman, who police have not been able to locate since the shooting, had a permit to carry the weapon.
The names of the two men have also not been released.
Foy said Mills has a criminal rap sheet “as long as your sleeve,” and called the shooting “the perfect irony.”
Mills has said he served time in prison for armed robbery, writing bad checks and many drug and alcohol-related charges.
Labels: concealed carry permit, PA, street robbery
Clintwood, Virginia
From the Richmond Times-Dispatch of April 28, 2006
A home invasion, a secret, A DEATHThus begins a very long article of interest. Read it all
In a little house in Southwest Virginia, a brazen robbery was a license to kill
The evening sun has disappeared and the old man is dozing on the couch beside his wife when a fist banging on the back door jolts him awake. Almost before he can raise himself up, two men in black ski masks rush into the living room. One of them points a handgun at the couple and tells them to sit down and shut up or he will blow their brains out.
Meekly, Clyde and Ruby Colley comply. The most terrifying hour of their long life together has just begun.
Labels: home invasion, residence robbery, VA
4/27/06
Red Bank, Tennessee
From the Chattanoogan.com of April 27, 2006
Disabled Red Bank Man Gets Off 4 Shots At Home Invader
McCabe Had Been On Bond For Aggravated Robbery
A disabled Red Bank man foiled a home invasion early Thursday morning by getting off four shots at a man busting in his bedroom window.
Red Bank Police Lt. Jim Kyle said the incident happened at 1:30 a.m. at 203 Euclid Ave.
He said David McCutcheon was asleep in his bed when he heard his bedroom window breaking, then saw a masked man coming through the window.
Mr. McCutcheon reached for a .32-caliber revolver and began firing, causing the masked man to make a hasty retreat.
Lt. Kyle said Daniel "Spike" McCabe, 28, was found to have a gunshot wound later in the day in Soddy-Daisy when he was examined for a drug overdose.
He said McCabe, who is originally from Red Bank but now lives in Soddy-Daisy, has been charged in the Red Bank home invasion.
Lt. Kyle said one shot hit McCabe in the arm, two shots hit a bedroom wall and the fourth shot went through the window.
Officers went before General Sessions Court Judge Bob Moon after Red Bank Judge Gary Disheroon was not available. Judge Moon set a $500,000 bond for McCabe since he was on bond for aggravated robbery and aggravated assault.
Labels: home invasion, residence robbery, TN
Buxton, Maine
From Portland’s WCSH6.com of April 27, 2006
Arrest Made In Buxton Home Invasion
One man is under arrest and authorities are looking for another in connection with a violent home invasion late Wednesday night in Buxton.
Police say they received a call from Mark Luxton around 11:00 P.M.. He reported that two men had come to his home on Parker Farm Road, kicked in the door and fired shots into his bedroom. Luxton says he fired back, and during the exchange of gunfire his dog was shot in the chest.
A couple of hours later police tracked down David Nanos of Portland at Southern Maine Medical Center in Biddeford where he had apparently gone to get treatment for a gunshot wound to the hand.
Nanos is charged with attempted murder, burglary and criminal threatening with a firearm.
The other suspect is still on the loose.
The dog is being treated at a veterinary hospital and is expected to survive.
Labels: assault, home invasion, ME
Henderson, North Carolina
From the Daily Dispatch of April 27, 2006
Accident leads to gunfire
A citizen's attempt to check out a car-accident scene resulted in gunfire Wednesday afternoon.
Henderson police responded to a traffic accident call at the corner of Water and North Pinkston streets at approximately 3 p.m. Minutes later, the department received reports that a shooting had occurred there.
When officers arrived, they located an individual who reported he had shot another man, Antwan Crudup, 21, of 1843 lot 17 Vicksboro Road, in self-defense. The alleged shooter, whom Henderson Police Chief Glen B. Allen declined to identify since he might not face charges, reportedly claimed that Crudup aggressively approached him and tried to strike him after the accident (Allen said the alleged shooter says he left his vehicle to see what was going on in the collision); Allen said investigations indicate that possibly more than one person approached the alleged shooter at the time.
The alleged shooter voluntarily surrendered a .25 caliber semi-automatic pistol to police and Allen said the man has been cooperative throughout investigations.
Crudup reportedly sustained injuries, none life threatening, after being shot one time and was transported to Maria Parham Medical Center.
The alleged shooter was reportedly not involved in the car accident that spawned the resulting gunfire. Allen said Crudup was the passenger in a 1995 Mazda driven by Marcus Brown of Ponderbranch Trailer Park. Brown's vehicle reportedly collided with a 1978 Chevy Camaro driven by Donald Ragland of North Pinkston Street. Allen said Brown faces charges of driving while impaired and exceeding safe speeds; Brown's vehicle sustained $1,500 damage while Ragland's vehicle sustained $3,500 damage.
Allen said that investigations by the Henderson Police Department are continuing and more information may be available later. No one was injured as a result of the car collision, according to Allen.
Warrington, Pennsylvania
From PhillyBurbs.com of April 27, 2006
Jury acquits pilot in gun-pointing incident
A Bucks County jury this week found a West Chester airline pilot not guilty of all charges stemming from an alleged gun-pointing incident that began with a fight over a parking spot.
Paul Daniels, 41, was acquitted of possessing an instrument of crime, simple assault, terroristic threats and recklessly endangering another person.
Police had charged Daniels after another customer at the Cold Stone Creamery ice cream store in Warrington accused him of threatening him with a gun. According to a police report, James Lamp, 40, of Horsham, said Daniels pointed a loaded 9mm Glock at his chest and said, “Leave or I'll shoot you.”
Lamp's girlfriend called 911 and the police arrived within minutes. Daniels put down the gun and was arrested.
His attorney, Michael Parlow, argued that Daniels wielded the gun in self-defense. Parlow said his client was simply protecting his family and had a permit to carry the weapon.
“There are times when persons who are licensed to carry a handgun are permitted to use their weapons. This was one of those times,” Parlow said. “My client is relieved to be cleared of all charges.”
Labels: altercation, concealed carry permit, PA
Houston, Texas
From the Houston Chronicle of April 27, 2006
Homeowner shoots intruder who was being pursued by police
A man being pursued by Houston police officers Wednesday afternoon was shot by a homeowner in the 9800 block of Benning.
He was wounded in the leg, said Sgt. M. Peters of the HPD Homicide Division.
"He had forced entry into a house in the 9400 block of Spellman, which is the adjoining street, and they chased him out of their house into the the neighbor's backyard," Peters said. "The suspect then made an overt move toward his pocket, and fearing for his own safety," the homeowner shot him, Peters said.
A resident of the 9400 block of Benning said the residential neighborhood near Beltway 8 and West Bellfort is usually quiet. The resident said about a dozen Houston police officers, and a police dog were chasing the man. He ran through about six yards, breaking through some wood fences.
"He was just somebody running from the police, over nothing and he caused all this trouble," Peters said.
Dixie County, Florida
From Gainesville.com of April 27, 2006
Self-defense claimed in boyfriend's death
A Dixie County woman told investigators she fatally shot her boyfriend Tuesday night to protect herself and her children.
Deputies were called to a home in the Forest Hills neighborhood, north of Old Town off State Road 349, shortly before 11 p.m. and found the body of Craig Wells, 45, according to the Dixie County Sheriff's Office.
Wells appeared to have two gunshot wounds in his chest.
Wells' girlfriend, Tonda Burdette, 30, apparently fired the shots, said Dixie County Sheriff Dewey Hatcher.
Officers had not made an arrest in the case Wednesday, saying that Burdette and witnesses, including two children who live at the home and a relative of Wells who was visiting, claim the shooting was in self-defense.
"It was a domestic dispute between her and her children and Mr. Wells," Hatcher said the family has told investigators.
"She claimed they had been fighting," Hatcher said.
Neighbors also told officers they heard people arguing at the home earlier in the day.
Hatcher said his office has no record of being called to the home for prior reports of domestic violence.
Burdette had some small abrasions and scratches on her, Hatcher said.
Five children, ages 8 to 15, live at the home. The five are now staying with a relative, Hatcher said.
The case remains open as officers continue to gather more information.
Two guns - a .22-caliber revolver and a small-caliber semiautomatic handgun - were found in the home.
Investigators are awaiting additional testing to match a weapon to the shooting, and they also want toxicology results from both Burdette and Wells.
The couple had been together for 14 years, Burdette told officers.
"That's a long time, and then everything just came apart at the seams," Hatcher said.
Labels: domestic abuse, FL
Lee County, Florida
From Fort Myers’ NBC-2.com of April 26, 2006
Woman carjacked, son-in-law chases attacker
A local woman, who wished to remain nameless, was coming home from a friend’s house and while she was pulling into her parking spot a young man pulled up behind her and used a gun to try to steal her car. The woman’s son-in-law heard the commotion and came to the rescue.
The woman explained the incident was like something out of a movie. She knew something was wrong when she spotted a strange man sitting in a car on her property.
"I kind of stayed in the car, acting like I'm fiddling around until I could figure out who it is," said the woman.
When he saw her, he got out of his car and approached hers. She said he was carrying a pistol.
"When he got to the window, he turned. It was a handgun with a silencer on it," said the woman. "The gun was scary enough, but when I saw the silencer, I knew I was dead."
The man broke the window of the car and pulled the woman onto the pavement. She ran to her house screaming the whole way. Her son-in-law, Michael, is an ex-marine. When he heard the screams he came to help her.
"My son-in-law had gotten back from a trip and had a concealed weapons permit, had his gun on him, came running down here and tried to stop the guy," said the woman.
Michael told police he was in fear for his life and fired one round from his 45 caliber handgun. He hit the van and possibly the carjacker.
Deputies told the woman they located the van and found blood in it but there was no suspect.
She looks at the experience two ways.
She was in the wrong place at the wrong time. But she had a son-in-law in the right place at the right time.
"All I know is that I ran as far as I could up there and Michael ran back down," said the woman.
The van that woman was driving as well as the carjacker's vehicle were located and impounded by deputies.
Deputies explained they have a suspect.
The woman said, detectives told her he may have criminal record that involves drugs.
Labels: carjacking, concealed carry permit, FL
4/26/06
Nashville, Tennessee
From Nashville’s NewsChannel5.com of April 26, 2006
Deadly Shooting Followed Argument
It appears a deadly shooting Wednesday morning in East Nashville may have been in self-defense.
Police have interviewed Stanley McGrady and said his story matches the evidence.
He told police that he and William Banks got into an argument, and then they started shooting.
Banks was taken to the hospital where he later died.
McGrady was not hit.
So far, he's not been charged in the shooting.
Labels: altercation, TN
Salem, Oregon
From the Salem Statesman Journal of April 26, 2006
Salem police say shooting death likely self-defense
Investigators say a 300-pound man broke down a door, charged couple
What started as an argument involving a woman, her estranged boyfriend and her current boyfriend ended with the former boyfriend shot dead Monday night, Salem police said.
Jason Benjamin Scott, 31, the former boyfriend of Diana Carol Rennels, 26, was found dead by police about 9:35 p.m. at 2375 Coral Ave. NE.
Police said Sean C. Dougherty, 38, Rennels' current boyfriend, who lives with her at the northeast Salem apartment, shot Scott after the 6-foot-4, 300-pound man broke through the front door of Rennels' apartment.
Three children were in the apartment at the time of the shooting and were not injured, police said.
Police are investigating the shooting, Lt. Jim Anglemier said, and the case will be referred to the Marion County District Attorney's Office. Deputy District Attorney Courtland Geyer said the case will be reviewed to determine whether charges should be filed or to classify it as justifiable homicide.
Anglemier said an initial investigation indicated that Dougherty and Rennels feared for their safety.
"After investigating the scene and interviewing the residents of the apartment, we determined the shooting was in self-defense," Anglemier said.
Investigators said the altercation began when Rennels and Scott got into a telephone argument about their 2-year-old son, of whom they share custody.
Scott had cared for his son during the weekend, Anglemier said, and the telephone argument began after he had dropped the boy off at Rennels' apartment Monday evening. The apartment is part of the Lancaster Commons complex of about 100 units.
Scott lived at 3878 Wilma Court NE, about two miles from Rennels' apartment. It wasn't clear Tuesday whether he was calling from the Wilma Court address. During the argument, police said, Dougherty got on the phone and had words with Scott, prompting Scott to come back to the apartment to confront the couple.
Dougherty and Rennels told police that when Scott arrived, he forced his way into their apartment and charged at them as they were seated on a couch. Dougherty picked up a handgun owned by Rennels and fired several shots at Scott, hitting him once in the upper torso, Anglemier said.
"He was a pretty big guy," Anglemier said of Scott. "He was coming at them at a pretty fast pace."
Rennels and Scott broke up last summer and had been having on-again, off-again issues, Anglemier said.
Justifiable-homicide cases are not unheard of in Marion County.
In 2002, a grand jury found that a shooting in Woodburn was justified. Esterbel Rios-Gomez, 22, was shot with a hunting rifle by homeowner Paciano Reyes-Vieyra when Rios-Gomez went to Reyes-Vieyra's residence twice one morning. Rios-Gomez threatened to kill Reyes-Vieyra and his family unless he could see his former girlfriend, who was a relative of Reyes-Vieyra and living at the home. Rios-Gomez and the girlfriend had had a child together.
In 2003, Salem homeowner Linn Stordahl shot Anthony Choate, 16, of Salem, whom Stordahl discovered in his garage after Choate set a box on fire.
Labels: domestic dispute, home invasion, OR
Hamilton, Montana
From Hamilton’s Ravalli Republic of April 25, 2006
Intruder prompts elderly Sula woman to get her gun
Phyllis Friesen sat in her bedroom Sunday night with a .357 pistol in her lap while a strange man raided her refrigerator and trashed her house.
Law enforcement officers arrived at the 80-year-old woman's cabin 15 miles up the East Fork of the Bitterroot River near Springer Memorial more than an hour after she called 911 to report the alleged intruder, 42-year-old Jerry D. Gensamer.
“I asked what the heck he was doing in my house and he never answered me - just started trashing the living room,” Friesen said.
Gensamer was charged in Justice Court Monday with a host of felony and misdemeanor offenses, including burglary and resisting arrest.
Gensamer entered Friesen's house through a door at about 10:15 p.m., she said. Friesen, who lives by herself, said she doesn't normally lock the door. After he ignored her questions, Friesen said she went into her bedroom, pulled out a gun and called 911.
“It wasn't as frightening as it would have been if I didn't have the gun,” she said.
Gensamer allegedly helped himself to food in Friesen's refrigerator, and at one point took out some food, wrapped it in newspaper and put it in the freezer. He rummaged through every room in the house, according to court documents, broke a couple of items and generally made a mess of the place.
“It was kind of funny,” Friesen said. “He was just weird.”
While Friesen remained in her room patiently waiting for sheriff's deputies to arrive, Gensamer went outside and attempted to use his set of keys to start her 1969 Dodge truck.
Friesen said Gensamer's vehicle got stuck at a nearby house and he walked through the woods to her house. The value of damaged items appears to be less than $1,000.
Deputies found Gensamer in the truck, court documents say. He refused to provide identification or to exit the truck until one of the officers threatened to taze him, according to court documents.
Ravalli County Chief Deputy Attorney Geoff Mahar said alcohol was involved.
Gensamer is being held in the Ravalli County Detention Center on $25,000 bail on felony burglary and attempted theft and misdemeanor criminal trespass, criminal mischief and resisting arrest charges. He will make his initial appearance in District Court in three weeks.
Labels: home invasion, MT, residence robbery, senior
Orlando, Florida
From Orlando’s WFTV.com of April 24, 2006
Teen Suspects Take Off When Homeowner Gets His Gun
Police are searching for two teenagers who got a surprise when they tried to attack a man in his own home.
Police said the teenagers forced their way into Bob Martin's apartment on Adriel Lane on Sunday and pointed a gun at him. But when the retired Air Force sergeant noticed it was a BB or pellet gun, he got his own real gun out and the teenagers took off.
"They come darn close to getting shot real quick. I don't like anyone putting even a toy gun in my face. Whether it’s a pellet gun or toy gun I don't know," Martin said.
When the teenagers fled, they left behind the BB gun. Police were checking it for fingerprints.
Labels: FL
4/24/06
Blacksburg, South Carolina
From the Gaffney Ledger of April 17, 2006
Business owner fires shot at burglary suspects
A property owner shot at two burglary suspects fleeing from his business, according to a report at the Cherokee County Sheriff's Office.
Two people were taken into custody about five hours later when they were spotted coming out of a wooded area near Tessner's Garage, said Cherokee County Sheriff's Office spokeswoman Leigh Caldwell.
Eric Parker Lanier, 25, of Smyrna, and Wesley Scott Brazell, 18, of York, are each charged with petty larceny and remain at the Cherokee County Detention Center. Caldwell said more charges are pending in connection with the incident.
Billy Tessner, 58, of Blacksburg received a call just after 4 a.m. Friday from his alarm company reporting that the alarm at his business had been tripped. When he arrived at Tessner's Garage at 491 Moss' Crossing in Blacksburg he saw two people run to a gray Mazda, the report states. He told police whoever was driving the vehicle tried to run him over as they fled. Tessner fired two shots at the Mazda, striking the vehicle's radiator and left front tire.
The vehicle traveled about a mile down the road and stopped, the report stated. The bloodhound tracking team searched for the two individuals but was unable to locate them.
At 9:30 a.m. witnesses saw two people leaving a wooded area near Munchie's convenience store at Moss' Crossing and Highway 29, police said. Police arrested the two suspects and transported them to the Cherokee County Detention Center.
According to the report, five radiators were missing from the garage.
Labels: business burglary, SC
Katy, Texas
From Click2Houston.com of April 24, 2006
Gun Battle Erupts After 2 Home Invasions In 2 Days
2 Die In Shootout
A homeowner fired back, killing two suspects, when his house was the target of two home invasions in as many days, officials told KPRC Local 2 Monday.
Fort Bend County sheriff's deputies said several armed suspects broke into a home in the 5500 block of Maybrook Park Lane shortly before 2 a.m. Saturday and tied up a teenage girl and her boyfriend.
As the robbers were stealing a safe, the homeowners arrived, officials said. One of the gunmen opened fire, grazing the head of one of the homeowners. The crooks fled the scene.
On Sunday, shortly before 10 p.m., the crooks returned for a second home invasion at the same house in the Grand Lakes Subdivision, according to deputies.
The homeowner and robbery suspects exchanged gunfire, officials said.
A female suspect was killed.
The other suspects fled the scene. The body of a man was found dumped on the side of the road in the 20700 block of Cranfield about 30 minutes after the home invasion. Deputies believe the man, identified as Omar Medrano, 23, was involved in the crime.
"One suspect was wearing a bullet-proof vest. The bullet that killed him missed the vest by inches. The lady was hit in the forehead -- a direct, head-on shot," said Sheriff Milton Wright with the Fort Bend County Sheriff's Office.
Officials believe the homeowner was targeted by a disgruntled former employee who knew he had a safe in his home. The homeowner is in the used car and repair shop business.
Neighbors are worried for their own safety.
"My wife and son are scared to death. I'm scared, too," resident Todd Burch said. "You move in an area like this, that's nice and quiet and calm, and you get relaxed and you don't think about stuff like this happening. And then it happens and you're on edge."
The homeowner is not expected to face any charges.
Labels: home invasion, residence robbery, TX
4/23/06
Danbury, Connecticut
From Danbury’s NewsTimesLive.com of April 23, 2006
Homeowner fires gun at invaders
Police were searching for two males Saturday who fled the scene of a home after an occupant of the home fired a gun.
The two men, whose names were not known, and a third man, broke into a house on Cleveland Street around 10 a.m. Saturday and used force on an occupant, Danbury Det. Capt. Mitch Weston said.
The home's occupant managed to grab a hand gun and fired several shots.
Police are not sure if any bullets hit the two men that fled, Weston said.
The occupant of the home was not injured, and the third man was caught and taken into custody. Police would not release his name Saturday until after he was booked.
The two that fled from the home drove away in a black Cadillac with tinted windows and New York license plates.
Police would not release any further information Saturday, including the address of the incident.
Labels: assault, CT, home invasion
Philadelphia, Pennsylvania
From Philadelphia’s CBS3.com of April 23, 2006
65-Year Old Woman Shot During Home Invasion
A 65-year-old woman is hospitalized in critical condition Sunday morning after being shot in the back during a home invasion.
Three black males dressed in black, wearing masks, somehow managed to break through the woman’s back gate, walk through her backyard and get onto the roof, where they entered the home.
The intruders shot the woman after she tried to ward them off. Her husband returned gunfire. The woman, then, walked down the stairs with the bullet in her shoulder, and collapsed.
This happened just before 1 a.m. on the 2500 block of A Street in Kensington.
The victim’s son and son’s girlfriend were sleeping on the first floor of the house.
Telephone wires were cut about a week ago off the back of the house. Police are investigating whether it was the suspects who had done this also.
Labels: assault, defender shot, female, home invasion, PA
4/22/06
Queensborough, Louisiana
From the Shreveport Times of April 22, 2006
Argument over peach tree leads to shooting in Queensborough
Gunfire sends 55-year-old to hospital with 'life-threatening' wounds
An afternoon barbecue on a peaceful street in Queensborough ended in a shooting Friday after two friends argued over a rather common thing.
"They started arguing over a peach tree," Shreveport police Detective Jeff Brown said. "One of them got too close to it."
The shooting was called in just after 1 p.m. Officers were told that 55-year-old Donald Green of the 2400 block of Virginia Avenue had gotten a golf club and was swinging it at an acquaintance, Carter Mitchell, age unavailable, of Virginia Avenue, police Sgt. Jim Taliaferro said. Police were told Mitchell had a gun and fired it several times at Green.
Mitchell was detained by police for questioning but later was released since witness reports strongly suggested he acted in self-defense, Taliaferro said. However, investigation into the shooting continues.
Shreveport Fire Department spokesman Brian Crawford said Green was taken to LSU Hospital in Shreveport. "Paramedics gave his condition as critical -- life-threatening."
The argument and shooting took place at a neat little bungalow on the corner of a quiet, divided block of Virginia Avenue, just north of Willis-Knighton Medical Center, at Stonewall Street. Yellow crime-scene tape closed off the openings of a little wooden fence around the house.
In the bare-dirt yard, a barbecue cooker continued to pump out smoke. A jon-boat and kayak stood on end against a side fence. A woman inside the house looked through the screen door, came out briefly to tend the barbecue cooker then hurried back inside.
"They're friends," neighbor Willie Scott said of Green and Mitchell. Scott lives a few houses down. He said the street is usually quiet.
"We play dominoes around here a lot. "We barbecue, eat and have fish fries. That's what they were doing today."
Scott was the only man standing on the porch who admitted seeing any of the dispute. He said he did not see how it started but witnessed its end.
He said Green staggered to the median dividing Virginia and collapsed. Mitchell walked back to the porch of the house where the shooting occurred then left, Scott said.
"But then he came back and turned himself in," Scott added.
Stockton, California
From the Stockton Record of April 22, 2006
Shopkeeper shot with own gun during robbery, police say
A man shot a shopkeeper with the clerk's own gun after the Thursday night robbery of a market in the 1900 block of South El Dorado Street, according to the Stockton Police Department.
After the S&G Market was robbed around 7:45 p.m., the clerk, a 58-year-old man, reportedly chased the fleeing robber into the street. The clerk fired his gun, and the robber stopped, got on his knees and said he'd give the money back, according to police. But the robber was able to disarm the shopkeeper and use his newly acquired weapon to shoot the clerk in the face, according to police. The assailant left his own gun, a toy, behind and fled with the clerk's real gun.
The shooting victim's wound was not life-threatening, and he was taken to San Joaquin General Hospital, police reported. The robber is described as Black, from the ages of 35 to 40, 5 feet 9 inches to 6 feet 2 inches tall, 150 pounds, and wearing a black hooded sweat shirt, white beanie, gray pants, glasses and a silver-colored watch, according to police.
Labels: business robbery, CA, defender shot
4/21/06
Detroit, Michigan
From ClickOnDetroit.com of April 21, 2006
Attempted Carjacking Takes A Turn
Two People Hospitalized
An attempted carjacking took an unexpected turn Friday morning when the driver of a car produced a gun instead of handing over the keys.
A man with a gun attempted to steal a vehicle in the parking lot of a party store located on the east side of 7 Mile and Sherwood roads.
When the gunman approached the driver of the vehicle with his gun, the driver also produced a gun and shots were fired.
The driver of the vehicle has a concealed weapons permit. The two fired shots -- one from each gun -- and both men were hit.
The carjacker and his would-be victim are hospitalized.
Labels: carjacking, concealed carry permit, defender shot, MI
Rhinelander, Wisconsin
From Green Bay’s WFRV.com of April 21, 2006
Rhinelander Man Shot At While Working In Woods
A logger told investigators two men drove up and shot at him while he was working alone in the woods, sparking a gun fight in the forest, the Lincoln County Sheriff's Department said.
John "Homer" Van Meter of Rhinelander told investigators he had never seen the other two men before and he didn't know what prompted the shooting, said Mike Caylor, communications officer with the sheriff's department.
Van Meter was in serious condition at an area hospital Friday with three bullet wounds to his torso and a graze wound to his head, Caylor said. The injuries were not considered life-threatening.
Van Meter, 52, was working around noon Wednesday when a passenger in a black sport utility vehicle got out and began shooting at him with a handgun, the sheriff's department said.
Van Meter ducked behind his truck where he retrieved his own pistol and returned fire, he said, telling deputies he thought he injured the passenger, the sheriff's department said.
The driver emerged with a rifle and began shooting, but Van Meter said he thinks he injured that man as well before the driver got back in the SUV and drove away without his passenger, according to deputies.
The passenger started running through the woods, so Van Meter said he grabbed a 12-gauge shotgun and continued the gun battle until the man disappeared, deputies said. Van Meter said he sustained the torso injuries during the chase.
He walked back through the woods, discarding his shotgun by a road after he grew too weak to carry it, he told authorities. Wardens with the state Department of Natural Resources found the shotgun by the road Thursday.
Van Meter sought help from a homeowner, who called 911.
"Everything we're finding in terms of physical evidence is matching up with what Mr. Van Meter is telling us," Caylor said.
Investigators found more than 30 shell casings from the original shooting site, believed to have come from the driver's weapon.
The crime scene covers a two-mile stretch into the woods, slowing the investigation, according to authorities.
Henrico, Virginia
From Richmond’s NBC12.com of April 21, 2006
Henrico teen arrested for attacking security guard with baseball bat
A Henrico teen who suffered at least two gunshot wounds is charged with brutally attacking a Henrico security guard with a bat. The guard was able to fire his weapon during the assault. Police arrested the teen suspect about midnight after he had been treated at the Chippenham Hospital emergency room.
The attack on the security guard happened when he walked outside the eastern government center about 9:15 Thursday night.
James Crouch was struck from behind with a bat.
Police say the guard began fighting with his attacker and was able to pull his gun, firing off three shots. About three hours later, the teen suspect turned up at Chippenham Hospital's ER.
Police say he was treated for two gunshots, released, and arrested.
The teen who was arraigned Friday morning is charged with aggravated malicious wounding and attempted robbery.
Durham, North Carolina
From Raleigh’s NBC17.com of April 21, 2006
Teen's Slaying Ruled Self-Defense
A Tuesday night shooting that left a Durham teen dead has been ruled a case of self-defense, police said Friday.
Jamal Tyree Anderson, 16, was found shot in a parking lot near the intersection of Holloway Street and Briggs Avenue at about 11 p.m. Tuesday, police said.
Anderson died of his injuries Thursday night at Duke University Medical Center, police said.
A 21-year-old man told investigators he was working on a vehicle in the 1600 block of Holloway Street late Tuesday when Anderson approached him and attempted to rob him, police said. The man, whose name wasn't released, told police he was pistol-whipped before he pulled out his own gun and fired several shots, striking Anderson in the head.
Investigators interviewed several witnesses who corroborated the 21-year-old's version of events, and they recovered a gun they believe was used by Anderson, police said.
No charges will be filed in the case, police said.
Labels: minor offender, NC, street robbery
Melbourne, Florida
From Orlando’s Local6.com of April 21, 2006
Good Samaritan Helps Capture Bank Robbery Suspect
An armed good Samaritan was credited with helping police in Melbourne, Fla., capture a 37-year-old bank robbery suspect during a hold-up Friday afternoon, according to Local 6 News partner Florida Today.
The bank robbery happened just before noon at The Bank on the 300 block of U.S. 1.
"The suspect implied he had a firearm, then fled the bank," said Cmdr. Jim Gibbens of the Melbourne Police Department. It was not immediately known if the man made off with any cash, officials said.
"The good Samaritan was in the drive-through and saw the guy fleeing," Gibbens said. "He followed him and tried to block him with his pickup truck. At some point, he pointed a gun."
The 63-year-old civilian, later questioned by police, was lawfully keeping the weapon in his truck and was not charged, police said.
By the time the robbery was reported to police, tracking dogs and the Brevard County Sheriff's helicopter were also on the trail, Florida Today reported.
"When we found (the suspect), he was hiding in a shed about a quarter of a mile away on Nieman Drive," Gibbens said.
The suspect, identified as Robert Edward Rettig of Deltona, was charged with robbery and taken to the Melbourne Police Department's criminal investigations office on Babcock.
Rettig will be taken to the Brevard County Jail in Sharpes, officials said.
Labels: business robbery, FL
Kansas City, Missouri
From Kansas City’s NBCActionNews.com of April 21, 2006
Guilty: Self-defense case has activists up in arms
A guilty verdict in a self-defense case has upset activists claiming a person should have the right to shoot intruders when they break into their home.
A Jackson County Judge found Mitchell Robinson guilty of manslaughter Thursday. The case hinged on whether he should have locked the door to keep out the intruder and how far he could go to protect himself.
"(Robinson) goes inside, shuts the door, the backs up as far back as he can inside the kitchen and gets a shotgun out," said Robinson's defense attorney Lucy McShane.
McShane says Robinson thought he was acting in self-defense when he shot a neighbor in his building on W. 39th Street near Roanoke.
Lawyers say the victim was angry and on drugs and chased Robinson up some narrow stairs. Robinson ran inside his apartment and shut – but did not lock – the door. He shot after the victim broke in and confronted him.
"He was afraid for his life," McShane said. "That's what he told the judge. He said it was a situation where 'either it was him or me.'"
What happened in the apartment building may have lead to a different outcome in court if a bill making its way through the Missouri Legislature had passed yet. Self-defense activists call it the "castle doctrine" and say it will expand the opportunity for people to protect themselves in their homes.
Kevin Jamison of the Western Missouri Shooters Alliance promotes self-defense rights. He says the intruder should not have barged in and could have turned back when he saw the shotgun.
"I'm tremendously frustrated in cases like this when it goes bad on you," Jamison said. "If we had a pure castle doctrine law in Missouri, and it hadn't passed yet, then the judge would have had other factors to look at – might have come to a different decision."
The defense is not too upset about the verdict – the judge found Robinson guilty of voluntary manslaughter rather than the more serious charge of second degree murder.
Robinson is out on bond until he is sentenced.
Labels: assault, home invasion, MO
Hawthorne, California
From Los Angeles’ CBS2.com of April 21, 2006
Clerk Kills Gunman, Wounds Teen During Robbery
A liquor store clerk in Hawthorne fatally shot an armed thief and accidentally wounded a 15-year-old girl during an attempted robbery on Thursday night.
The shooting occurred around 7:30 p.m. at a liquor store in the 13300 block of Prairie Avenue, between El Segundo Boulevard and 133rd Street, said Deputy Oscar Butao of the Los Angeles County Sheriff's Department.
The clerk shot at an armed gunman and his accomplice as they tried to rob the store. The gunman, who never fired, according to Butao, died at the scene.
A 15-year-old girl who was shopping in the store was struck by the clerk's gunfire and was taken to a hospital, where she displayed stable vital signs, Butao said.
The other robber fled on foot and was at large this morning, he said.
The Los Angeles County Sheriff's Department is assisting Hawthorne police with the investigation.
Labels: assault, business robbery, CA, home invasion
Fort Washington, Maryland
From Washington’s NBC4.com of April 21, 2006
Police Tell More About Fort Washington Killings
Son Allegedly Used Shotgun to Kill Robber
Prince George's County police have released new details about how a double homicide unfolded at the home of a pizza restaurateur in Fort Washington, Md.
Patricia Caniglia, 59, was shot at least once in the head with a .40 caliber handgun, News4 reported. Her son, Antonio Caniglia, was armed with a shotgun, which he fired, killing the gunman.
Police spokesman Lt. Terence Sheppard told News4, "The son was actually in the residence at the time. He called 911 to advise police as to what was going on. The suspect then came downstairs where he was confronted by the son."
Antonio Caniglia was taken to a police station where he was questioned by authorities. He voluntarily gave a statement in the presence of an attorney and after that statement, News4 reported he was released.
All police have released about the alleged robbery suspect is that he was an African-American male. And so far, police have not revealed how the man got to the Fort Washington address. Investigators said so far, no conclusive evidence has been found to prove that a break-in occurred.
Police said cell phone records of everyone connected to the case is being examined to try and establish connections between people and places.
Meanwhile, a wreath, flowers and words of condolence have been left at Mamma Mia's Pizza restaurant in Waldorf, Md., which Patricia Caniglia co-owned with her husband Roscoe. He's said to be receiving a lot of support from the many fans and friends he's made over the 26 years the restaurant has been in Waldorf.
Labels: MD, residence robbery
Deltona, Florida
From the Daytona Beach News-Journal of April 21, 2006
Fatal Deltona shooting 'justifiable'; no charges filed
A Deltona man who fired five shots and killed his aunt's husband last month will not be charged, the State Attorney's Office said.
"I agree with the sheriff's investigation that the conduct of Luis Perez constituted justifiable force," Assistant State Attorney Colleen Taylor said this week.
Perez, 28, told investigators that on March 9 he feared for his life and shot Roberto Legarreta, 38, when he charged at him with what he thought was a crowbar. Sheriff's deputies later recovered a 12-inch knife at the scene along with five .40-caliber spent shells.
But news that Perez will not be charged left Legarreta's family in disbelief and anger. The family disputes the self-defense claim.
"The person that got killed is not a dog, he was a human being," said Legarreta's mother, Santa Ramos of Deltona.
Aixsa Legarreta, the sister, said the Medical Examiner told the family her brother tried to run because he was hit in the back.
However, an autopsy report states Legarreta was first shot in the front and began to spin around. He was shot in both arms, his right upper buttocks, abdomen and tailbone.
After firing the gun, Perez left and called 911. A sheriff's dispatcher convinced him to pull over and wait for deputies in a gas station about 2 1/2 miles from the shooting, deputies said.
Roberto Legaretta was taken by EVAC ambulance to Florida Hospital Fish Memorial in Orange City where he died an hour later.
. (Perez) "had already shot and mangled both of his arms," said Legarreta's wife, Janice Padilla, the shooter's aunt. "So why did he have to continue firing at him? And then he flees."
In a 911 recording, Perez told a dispatcher eight times he was attacked with a crowbar.
"He was (expletive) gonna hit me with a crowbar," Perez shouted to a dispatcher as children can be heard crying. "I could not move my car . . . I stuck my gun out. I shot somebody, he was going to attack me."
Perez referred questions to his attorney, Gustavo Padron, who did not return calls this week.
The incident began when Padilla's ex-boyfriend, who had not visited his daughters in a year, called Padilla and said he was coming by to pick up their 14- and 12-year-old daughters and that he was bringing his friend Perez. Padilla begged her ex-boyfriend to wait 15 minutes before coming to the home because she knew Perez and Legarreta didn't get along.
"I knew my nephew had problems with my husband so I wanted to get him out of the house before they came," Padilla said.
Perez was already parked outside the home about 7 p.m. March 9 when Legarreta opened the garage door to leave, Padilla said.
"He (Perez) started yelling to my husband that he was a fool because I was cheating on him," Padilla said. "Then I saw the flame from the gun."
Labels: domestic dispute, FL
4/19/06
Indianapolis, Indiana
From Indianapolis’ WISHtv.com of April 19, 2006
Man Found Dead Outside Speedway Apartment ComplexUpdate
One man is dead after being found outside a Speedway apartment complex. Police are interviewing witnesses, trying to figure out what happened just before 5:00 Wednesday morning.
According to police, the victim came into the West Wind Terrace apartment complex near 465 and Crawfordsville early in the morning wearing a ski mask and carrying a shotgun. Officials report the victim was then shot by a man he approached.
No arrests have been made, and the shooting suspect is cooperating with police.
From the Indianapolis Star of April 19, 2006
Speedway man kills armed suspectFrom the Indianapolis Star of April 20, 2006
Speedway police say an apartment tenant was apparently defending himself this morning when he killed a masked man armed with a shotgun.
The victim was found at the bottom of a stairwell at the West Wind Terrace Apartments, near I-465 and Crawfordsville Road.Jones said it appears the tenant was acting in self-defense.
Police have not identified the dead man.
Relatives said the tenant is DeAngelo Morrison, 21, an aspiring rap artist.
Morrison lives with his mother, Claudia Jones, 40, who heard the disturbance outside their apartment unit.
She heard the gunman say “Hey, I want to holler at you’re a minute,” Jones said.
After the shooting, her son rushed inside saying, “Momma they are trying to rob me,” Jones said.
Morrison is a rapper, who goes by D Shock, and recently signed with Fat Man Records, said cousin Don Mallory.
Morrison carries a gun because “it’s hard out here,” Mallory said.
Police have not disclosed what the masked man was after.
Police were questioning the Morrison and several other people.
Shooting called self-defense
Masked gunman killed outside Speedway apartment
DeAngelo Morrison felt lucky to be alive Wednesday, hours after he shot and killed a masked man armed with a shotgun who was chasing him into his Speedway apartment.
"He had a big gun," Morrison said. "We locked eyes. Honestly, I'm thinking this dude is coming to kill me.
"It was the craziest 30 to 45 seconds of my life.
"Speedway police say Morrison, 21, was acting in self-defense when he fired his handgun at the two men rushing up the stairs at the West Wind Terrace Apartments, near I-465 and Crawfordsville Road.
The bullet struck DeShawn Givens, 21, in the chest and police said he died at the bottom of the stairwell. Givens and another man were planning to commit a robbery, police said. Givens was wearing a black mask and police found a shotgun near his body.
Givens' reported accomplice, Andre Washington, 19, faces initial charges of felony murder and attempted robbery. He is being held in the Marion County Jail.
Marion County prosecutors still are investigating the case and declined comment, but experts say Morrison may have been justified in his actions."
At the end of the day, the law says if you have no other out and it appears you are about to get killed or seriously harmed, you don't have to send out a survey," said Scott Newman, the former Marion County prosecutor. "You can pull out a gun and defend yourself."
Just last month, Indiana became the third state to make clear that people have the right to use deadly force when threatened without first trying to back away. Indiana did not previously require residents to retreat before using a gun or other deadly weapon, but the new law clarified that point.
The reported robbers have lengthy criminal records, police said, while Morrison has a clean record and a permit to carry a gun.
"All the evidence is basically lining up with what (Morrison) says," Assistant Police Chief Joel Rush said.
Morrison, an aspiring rapper who goes by the name D-Shock, said he had spent the night in a recording studio and was returning home just before 5 a.m.
He reached the third floor and put the key in the lock when he heard the building's front door swing open and heavy footsteps climb the stairs.
Morrison said he looked over the banister and made eye contact with the masked gunman running up.
"Let me holler at you, cuz," the gunman said.
Morrison was terrified.
"In the neighborhood, you say that to somebody speaking to them, but not when you got this big gun in your hand," he said. "I was shootin' to protect myself. I don't wish death on nobody. The pain his mama is going through; I don't wish that on nobody.
"Morrison pulled his Glock pistol and shot the masked man as he rounded the stairs. He heard somebody grunt.Givens, the gunshot victim, lived just across the parking lot in the same apartment complex. He was on probation for drug possession, police said, and had other arrests for drug possession, driving with a suspended license and public intoxication.
Washington's criminal history includes arrests for sexual battery, auto theft, criminal recklessness, battery with a deadly weapon and dealing cocaine.
Labels: IN, street robbery
Fort Wayne, Indiana
From the Fort Wayne Journal-Gazette of April 19, 2006
Employee thwarts robbery attempt
Worker shows gun; suspect takes off
An armed man tried to rob a south-side pizza restaurant Monday night but left without any money after an employee displayed his own gun.
Fort Wayne police were called to Tasty Pizza, 4302 Fairfield Ave., at 10:47 p.m. for a report of the attempted heist.
A Tasty Pizza employee told police that a man came in and asked for a menu. He then left the restaurant but came back inside. The man laid a black gun that looked like a BB gun on the counter pointing the barrel toward the employee and demanded money, a police report said.
The employee then lifted his shirt to reveal a Colt .45 in its holster and told the robbery suspect to leave, the report said.
The man left and walked to a nearby alley where he got on the back of a moped. A witness said another person was driving the moped, the report said.
The man was described as black, between 17 and 19 years old, about 5-foot-10, with a thin build.
He was wearing black pants, a black hooded sweatshirt, a black skull cap and a camouflage T-shirt, the report said.
Labels: business robbery, IN
Summersville, Missouri
From Springfield’s KOLR10.com of April 18, 2006
Wife Cleared in Shooting Death of Husband
A coroner`s inquest rules that a shooting in Summersville earlier this month was justifiable homicide.
On April 4, Floyd D. Cooper, 70, was found dead at his home on April 4. His wife, Doris Cooper, told investigators she shot him in self defense.
After reviewing evidence and conducting interviews, a six person coroner`s jury Tuesday ruled Mrs. Cooper`s actions were justified.
Labels: domestic dispute, MO
Saucier, Mississippi
From Biloxi’s Sun-Herald of April 19, 2006
Elderly man shoots burglar
Suspect found with 2 bullets in his back
Deputies arrested a suspected burglar Monday after an 85-year-old Saucier man reported he had shot a man who broke into his home.
Harrison County sheriff's investigators said the resident knew Wayne Thomas Clark and identified him as the burglar. Deputies went to Clark's home on Mack Pete Road and found him asleep with two gunshot wounds to his back, said Sheriff's Capt. Ron Pullen.
The break-in and shooting occurred Saturday but wasn't reported until Sunday. Clark was shot with a small-caliber handgun, said Pullen.
Clark, 42, was taken to a hospital for medical treatment and was held without bond at the Harrison County jail. A judge declined to set bond on the burglary charge. At the time of his arrest, Clark was out of jail on bond for a pending stolen property charge.
The resident, who lives in the 25400 block of Mississippi 53, told investigators the burglar assaulted him, said Pullen.
The charge against Clark and the shooting will be presented to a grand jury. The elderly man was not arrested, but the incident will be presented as a matter of concern "to be sure he acted within the law," said Charlie Wood, an assistant district attorney.
"Fortunately, we don't have many instances of people shooting intruders in their home," Wood said.
State law allows residents to defend themselves in their homes. An amended law effective in July adds protection for those using deadly force in self-defense and extends self-defense rights to people's vehicles and businesses.
Labels: assault, MS, residence burglary, senior
4/18/06
Logan County, Oklahoma
From KTEN channel 10 (date unspecified):
GUTHRIE, Okla. Police say a man was shot by a homeowner during a break-in in rural Logan County.
Authorities say 37-year-old Joseph Sean Young of Meridian was shot in the left forearm.
Officials say Homeowner Kelly Joe Wanzer fired his gun numerous times at a man who broke into his home Friday.
Labels: OK
Liberty, South Carolina
From the April 14, 2006 Anderson, South Carolina Independent-Mail:
An investigation continues today after a Liberty woman shot a male intruder in her home Thursday afternoon, according to authorities.
Doyle O’Brine "Brian" Teague, 39, of Liberty was shot at 236 Pinedale Road in Liberty around 5:30 p.m. Thursday, according to a news release from the Pickens County Coroner’s Office.
After entering the Pinedale Road residence uninvited, Mr. Teague, who also is a Pinedale Road resident, was shot and killed after threatening bodily harm to the occupant, according to the news release.
Labels: assault, home invasion, SC
Salem, Oregon
From the Salem Statesman-Journal of April 18, 2006
Two suspects held, two at large after burglary attempt, police say
An attempted burglary Monday night involving four people -- at least one armed -- led to an intense manhunt in a South Salem neighborhood, Salem police said.
The people, three male and one female, allegedly forced their way into a residence in the 2300 block of Waln Creek Court S. At least one of the suspects was armed with a gun, and the one person inside the house was armed with a rifle, police said.
"Shots were fired by at least one suspect and the victim," Salem police Lt. Chuck Bennett said. "Nobody was hit."
Two suspects, including the female, were detained near the crime scene. The other two were at large as of 10:30 p.m. One shotgun was recovered in a vehicle where the two detained suspects first were contacted.
Police searched backyards in the neighborhood near Davis Road S. The manhunt involved 13 Salem police units with assistance from the Marion County Sheriff's Department, Bennett said.
The original call came in at 8:23 p.m., Bennett said.
The two suspects remained at large more than two hours later.
Labels: home invasion, OR, residence robbery
Stonelick Township, Ohio
From the Cincinnati Enquirer of April 18, 2006
Armed man shot by ex-girfriendUpdate
But he ends up getting shot
A Goshen man was charged with felonious assault, aggravated burglary and kidnapping after he forced his way into his ex-girlfriend's home early Monday.
Gary L. Glass, 37, of the 1800 block of Main Street, was shot in the legs after Cassandra Gray, 28, got control of a shotgun Glass brought to her home, the Clermont County Sheriff's Office said.
According to the sheriff's office, Gray was awakened by her dogs barking about 7:30 a.m. and found Glass standing in her doorway pointing a shotgun at her.
Glass allowed Gray to let her dogs out and she used that chance to call 911.
When Glass realized Gray had called police, the two struggled. Gray got the gun away from Glass and shot him, the sheriff's office said.
Glass was taken to University Hospital for treatment of injuries that did not appear life-threatening, the sheriff's office said.
Glass apparently is Gray's ex-boyfriend, the sheriff's office said. Glass, who was also charged with illegally having a weapon, was free on bond on two other charges involving Gray, the sheriff's office said.
In January, he was charged with aggravated menacing for threatening Gray with a knife, and last month he was charged with criminal damaging for slashing tires on her vehicle, the sheriff's office said.
Interview with Ms. Gray
Labels: assault, criminal's gun taken away and used against him, home invasion, kidnapping, OH
Fayetteville, West Virginia
From the Charleston Gazette of April 18, 2006
Funeral director innocent in son-in-law's shooting
A Fayette County funeral home director was found not guilty Monday of murdering his son-in-law.
Larry Hess, who managed Dodd-Payne-Hess Funeral Home, never denied shooting Jerry T. Chesterfield. He fired five bullets from his Glock semi-automatic, and four of those struck Chesterfield.
But Hess testified Monday that he shot his son-in-law in self-defense. “I always kept the shell in the chamber,” he said.
He said he had to keep firing because Chesterfield kept coming at him. But two nationally recognized blood spatter experts said Chesterfield’s severe wounds would have put him on the floor quickly.
Throughout the trial, Hess’ younger daughter and several witnesses testified about domestic abuse in the Chesterfield marriage. In his testimony, Hess never wavered that he knew nothing about any problems in the marriage.
Hess came home after Easter weekend last year to find a lamp and a window broken in the funeral home he managed. He said he accepted his daughter’s story that her husband and a friend were drinking, and she got between them, giving her a black eye.
On the day Chesterfield was shot, April 28 of last year, he came to the garage at the funeral home. Hess said Chesterfield was gathering some items in the garage that he owned.
Just before Chesterfield pulled a knife, Hess said, he was holding a pair of his rubber hunting boots in his right hand. Hess said he could not remember how Chesterfield came to drop the boots and take up the knife.
“I thought he was going to kill me,” Hess testified when he saw the knife.
(More)
Labels: domestic dispute, WV
4/17/06
Pickens County, South Carolina
From Greenville’s Fox21.com of April 17, 2006
Pickens County Woman Shoots Home Invader
A house in Liberty is the epitome of peace, especially with the sound of chimes. Hard to believe, something violent happened inside. Pickens County Investigators say Brian Teague forced his way into Susan Hendricks' home Thursday evening and refused to leave.
"She felt threatened," says Lt. Lane Byers, Pickens County Sheriff's Office. "She felt she could not leave the home to get away from him. And she felt she had to defend herself. She used a firearm to do so."
Hendricks reportedly shot Teague several times. She was trying to take food to her disabled father next door, when everything escalated. He told me this wasn't the first time Teague tried to hurt his daughter. And investigators knew this.
"She had made some complaints that he had bothered her, prior to this."
In fact, Hendricks filed an incident report about Teague with the Pickens County Sheriff's Office, just 30 minutes before the shooting. Her father tells me she's shaken up and doing as well as can be expected. He's confident this will be considered self defense, although investigators are still working through all the information.
"We've been interviewing different people that saw it and a few people who knew of instances prior to this. We've talked to a few people who've been in the neighborhood today. And we've tried to determine what charges, if any, would be filed."
Labels: assault, home invasion, SC
Hollywood, Florida
From the South Florida Sun-Sentinel of April 17, 2006
Wounded Hollywood man fends off robbers with hail of bullets in driveway
A 69-year-old man was grazed by a bullet on his cheek during an attempted robbery in the driveway of his Hollywood home Sunday, but escaped with his life when he pulled out his gun and fired back.
Francesco "Franco" D'Arpino pulled into his garage at about 5:10 a.m. after working the night shift at his North Miami Beach restaurant, Franco's Pizza, when police say a white car rammed into the back of his car and someone opened fire. A bullet grazed D'Arpino's cheek. He grabbed his gun, which he keeps on him, and shot back, driving off the attackers.
Authorities suspect the gunmen targeted D'Arpino and may have followed him from his pizzeria.
"It's safe to assume this was not a random act of violence," said Hollywood Police Capt. Tony Rode. "They were probably thinking, 'Hey, the business owner comes home late ... he probably has the safe deposit box with him.'"
D'Arpino was taken to Memorial Regional Hospital where he was treated and listed in stable condition Sunday at about 11 a.m. His wife, inside the house during the shooting and shaken by the incident, was also taken in for observation, said neighbor Renee Cote, who awoke to the sound of the shootout and said she was the first to call 911.
"I heard the shots and then some shouting and then more shots," she said Sunday afternoon. "I was afraid to go to my window. I heard something hit my house."
Those who live in the middle-class Hollywood Hills neighborhood, where the 5100 block of Jefferson Street is peppered with 50s- and 60s-style ranch homes and SUVs, didn't know which was more surprising, the violent attempted robbery in their normally quiet area, or D'Arpino shooting back.
Records show he has a concealed weapons permit as does another, younger family member listed as living in the home.
(More)
Labels: concealed carry permit, defender shot, FL, residence robbery, senior
4/16/06
Nevada County, California
From Grass Valley’s TheUnion.com of April 15, 2006
(Scroll Down)
At 9:02 p.m., a caller from the 19000 block of Hansen Lane reported someone going through her vehicle. Shots were fired from a small caliber handgun to scare the intruder. The intruder fled.
Labels: CA, street property theft
4/15/06
Cincinnati, Ohio
From the Cincinnati Enquirer of April 15, 2006
Woman's killer freed
Jury says innocent victim's death a result of self-defense
Eric Jackson walked out of court a free man Friday, even though no one disputes he shot and killed a pregnant woman last year.
A Hamilton County jury acquitted Jackson of two murder charges - one for the woman and one for her fetus - after concluding he fired in self-defense during an argument with another man.
The shot missed Jackson's target and hit Tawnia Kirksey, who was 10 weeks pregnant.
"He got off with murder," said Kirksey's mother, Daisy Kirksey. "I feel like the justice system failed."
The verdict also stunned prosecutors, who had argued that Jackson meant to kill the other man, Eli Wheeler, and did not fear for his life.
"It's amazing," Prosecutor Joe Deters said. "But we have a jury system, and it's not perfect."
After the verdict, Jackson praised his lawyer, Clyde Bennett, and said he fired to protect himself - not to harm Kirksey.
His acquittal ends the case and means he cannot be charged again in Kirksey's death.
Jackson said he believed his life was in danger Oct. 23 when an argument over money at the Fay Apartments turned violent.
He said Wheeler pulled out a gun and fired, prompting him to draw his .38-caliber revolver and return fire.
He said he never saw the 29-year-old Kirksey, mother of four children, and didn't know she had been hit until he read about her death in the newspaper the next day.
"I had a lot of remorse. I cried a lot," Jackson said. "I didn't know she was in the area or anything. ... I only acted in self-defense."
Bennett said Kirksey's death was a tragedy, but it wasn't murder. "He in no way was trying to kill Miss Kirksey," he said.
Kirksey was one of four bystanders shot and killed last year in separate incidents in Cincinnati.
Jackson, 27, was charged with two counts of murder, one for Kirksey's death and another under an Ohio law that makes it a crime to kill or harm a fetus.
Not-guilty verdicts are rare in murder cases, but Deters and Bennett said self-defense can be a powerful argument for acquittal in Ohio if a jury decides the evidence supports the claim. That's true even if an innocent bystander is hurt.
Prosecutors said the evidence didn't support Jackson's self-defense claim and instead indicated that Wheeler was backing away when Jackson drew his gun and fired.
"We just thought it was preposterous," Deters said of the self-defense claim.
So did Kirksey's mother, who is struggling to support her daughter's four children on her own. She wept after the verdict Friday and wondered what she would tell Kirksey's children, ages 11, 8, 5 and 4.
"Somebody is murdered, he pulled the trigger and then the jury does nothing," Kirksey said. "He shouldn't be allowed back on the street."
Houston, Texas
From the Houston Chronicle of April 14, 2006
Alleged would-be robber shot dead by intended victim in Houston
The fatal shooting of an aggravated robbery suspect in the 1200 block of Canterlane about 3:30 a.m. today will be referred to a Harris County grand jury, Houston police said.
The identity of the deceased suspect, who had been shot in the stomach, is pending notification of next of kin.
The robbery victim is identified as Derriun Raney, 26. He suffered a cut on his head.
Police said the suspect, dressed in black and wearing socks on his hands, knocked on the front door of Raney's residence. Raney, who had been asleep inside, opened the door with a pistol in his hand. He said he was repeatedly struck in the head with a tire iron by the suspect.
He then fired several shots at the suspect striking him in the abdomen, police said. The suspect fell to the ground and died on the front yard, police said.
Witnesses told police that the suspect intended to rob Raney.
Labels: assault, home invasion, TX
4/14/06
Newton, Mississippi
From Meridian’s WTOK.com of April 14, 2006
Newton Police Probe Robbery, Shooting
Newton police say they are close to filing charges in the case of a robbery "gone bad."
Around 4:00 p.m. on Thursday at Joe's Tire Shop in Newton, investigators say two teens entered the store with a pistol, demanding money.
"He came in and raised the firearm up at the victim. At that time a struggle ensued," said Lt. Brian Kelly of the Newton Police Department. "The suspect then attempted to leave, and when he turned around he raised the handgun up at him and the suspect was shot at that time."
Investigators say the gunman was shot with a hidden shotgun that the clerk had managed to get. After the shot was fired, police say the 15-year-old suspect and his 18-year-old accomplice fled through a wooded area to some nearby apartments where they were later apprehended.
Both suspects are said to be storm evacuees from New Orleans. Officers say the gunman's injury to the arm was not life threatening.
Formal charges have not been filed, but both suspects are still being questioned by police.
Labels: business robbery, MS
Houston, Texas
From Click2Houston.com of April 14, 2006
Victim Returns Fire, Killing 1 Of 2 Robbers
Surviving Robber Flees
Residents of a southwest Houston apartment complex witnessed a shooting Thursday night after two men robbed a man coming home from work, police told KPRC Local 2.
The robbers approached the man at about 11 p.m. at the Silver Springs Apartments on South Willow Drive at South Post Oak Road and demanded that he hand over all of his money and his car, officers with the Houston Police Department said.
"They made him get on his knees; they pointed the gun to the back of his head, threatened to kill him if he didn't give them the vehicle. He complied and gave them the vehicle," HPD Homicide Detective I.F. Flores Jr. said.
Police said as the robbers were leaving the complex, one of the robbers started shooting at the victim, who then took out his own gun and fired back.
One of the robbers was struck and died at the scene. The surviving robber fled the scene but came back for his friend. That's when the victim, police said, fired at the robber, causing him to wreck his vehicle.
The surviving robber still managed to escape.
The robbery victim was not injured.
Labels: street robbery, TX
4/13/06
Polk County, Florida
From the Orlando Sentinel of April 13, 2006
One shot in Polk County neighborhood feud
A neighborhood feud turned deadly Wednesday when a Winter Haven man fatally shot a 23-year-old who he said taunted and threatened him, the Polk County Sheriff's Office said.
Justin Boyette of Temple Terrace was staying with a friend -- Eric Wagner -- in Winter Haven and became involved in an ongoing dispute between Wagner and neighbor Michael T. Brady, said sheriff's spokeswoman Carrie Rodgers.
While Brady, 43, was at his Queens Cove Loop home Wednesday, Wagner and Boyette taunted and made crude statements toward him, said sheriff's Chief W.J. Martin.
Brady went inside his house but later came back out when his wife arrived about 5:50 p.m. and armed himself with a revolver, Martin said. When Brady came outside to greet his wife, Wagner and Boyette continued to taunt him.
Brady was on his property when Boyette approached with his hand behind his back as though he was going to punch him, Martin said.
That's when Brady shot Boyette once in the chest while standing in the driveway, Martin said.
"He was in fear for his life and he shot him," Martin said.
Brady admitted to the shooting and is cooperating with detectives, Rodgers said. He has not been arrested.
Once the Sheriff's Office completes its investigation, the State Attorney's Office will decide if it will file charges.
Longview, Texas
From the Longview News-Journal of April 13, 2006
Man cleared of assault linked to shootout
A 20-year-old Longview man has been cleared of an aggravated assault charge in connection with a shooting last year after prosecutors argued he fired a gun in self-defense.
Travale Henson had been indicted in connection with a May 14 shooting with Keethan Harnage outside a birthday party on Avalon Street. A bullet from Harnage's gun left 15-year-old Sierra Foster of Longview dead.
Prosecutors argued in a motion to dismiss that an investigation proved Henson fired two shots at Harnage in self-defense after Harnage "began firing wildly" at him. Judge David Brabham of the 188th District Court signed the order to dismiss April 5.
"It feels good," Henson said Wednesday. "I'm glad that it's all over and the truth came out. ... It was hard, because I really wanted people to really know the truth."
Foster, a Longview High School freshman, was crouched behind a car that night, and when she stood up, a bullet struck her in the head. She later died at Good Shepherd Medical Center.
Harnage was sentenced in February to 45 years in prison after he pleaded guilty to murder, aggravated assault for shooting Henson and deadly conduct.
Billy Byrd, Gregg County assistant district attorney, said Henson, who was shot in the wrist, fled to a nearby vehicle to retrieve a gun in self-defense, and he fired two shots away from Foster.
"The bottom line is Travale Henson was a victim of Keethan Harnage," Byrd said. "... At the end of the day, you've got to do what the right thing is, and Travale Henson was a victim and was acting in self-defense."
Henson was arrested on a charge of murder after the shooting, but a Gregg County grand jury later indicted Harnage for murdering Foster.
Byrd said a group of witnesses at the birthday party initially told investigators that Henson was responsible for the girl's death — accounts that later proved false.
Ballistic testing of bullet fragments proved that Harnage fired the fatal shot at Foster, he said, and neither of Henson's two shots struck anyone.
Stephen Smith, Henson's defense attorney, said Henson shot two bullets toward Harnage and away from the people at the party that night, while Harnage "was just spraying the area with bullets."
"It's a terribly unfortunate situation," Smith said, adding that Harnage fired as many as 16 bullets. "... (Henson) very well could have been seriously injured or even killed that night."
Anniston, Alabama
From Birmingham’s WIAT.com of April 13, 2006
Anniston Business Robbery
An Anniston business owner is in the clear after shooting a robbery suspect in self-defense. The robbers attempted to shakedown a pawnshop. Now, three are in jail and one's got a gunshot wound to remember it by.
The owner of the 202 Pawn Shop says four people charged in the attempted robbery worked as a team, trying to distract him while one stole some jewelry and ran out. Investigators say the bandits jumped into a car. The store owner, who didn't want to give his name, ran after them armed with a pistol and ready for action.
“He pulled up like he was gonna run over me and at that point I pulled down on him," said the owner.
One jumped out and ran into a dead-end alley behind the building.
"He couldn't get out so it was between me and him, you know, hit brick wall or me, and he tried to come through me and when he did that's when he pushed me back like, that's when I fired, pistol went off and evidently shot him in the foot," said the owner.
By that time, deputies had arrived along with paramedics.
Calhoun County Sheriff Larry Amerson said, “He was carried to the hospital, they did some minor surgery to remove the bullet from the foot…that has now been recovered and will be used as evidence."
Amerson says Alabama law already covers such a situation.
“That man had a right to use his weapon in self-protection and he did so and from everything we can see he faces no legal liability for that," said Amerson.
One of the four people involved in the incident has already made her $500 bond on a lesser offense. The remaining three are all still in jail on $75,000 bond.
Labels: AL, assault, business robbery
Reno, Nevada
From Reno’s KRNV.com of April 13, 2006
Police search for man shot, handcuffed, by security guard
Authorities are searching for a man who reportedly fled after being shot in the leg and handcuffed by a private security guard in downtown Reno.
Police say the security guard at the closed Sundowner Hotel tried to detain the man for trespassing early Thursday morning. They say a physical confrontation occurred and the security guard fired several shots at the man, striking him once in the leg.
Police say the man escaped when the security guard left to get help. The suspect is described as being a white male in his 20's with a medium build.
Indianapolis, Indiana
From the Indianapolis Star of April 13, 2006
Would-be intruder shot, killed
A 20-year-old man was shot to death about noon Wednesday as he tried to break into a home on the Far Eastside.
Xavier Rashard Ivory, 1800 block of South State Street, was pronounced dead at Methodist Hospital after being shot once in the chest.
Capt. Phil Burton of the Marion County Sheriff's Department said the owner of a home in the 8000 block of East 37th Street heard his doorbell ringing incessantly but ignored it in hopes that the person would go away. Shortly thereafter, the homeowner heard a pounding at his back door.
On the way to the back door, he grabbed a firearm from a closet. At the back door, he heard and saw someone trying to force open the door. As he pulled back window blinds, he saw an arm come in through a broken window, Burton said.
The homeowner fired one shot, striking Ivory in the chest. Ivory ran around to the front of the home and collapsed in the street. He was transported to Methodist by ambulance, where he was pronounced dead, Burton said.
Burton said Sheriff's Department investigators consulted with the Marion County prosecutor's office, which ruled the shooting a justifiable homicide, meaning no charges will be filed.
4/12/06
High Point, North Carolina
From Winston-Salem’s WXII12.com of April 12, 2006
Deadly High Point Shooting Ruled Self Defense
Police said a man who shot another man earlier this month acted in self defense.
The body of Daniel Dixon, 29, was found in an apartment on East Swathmore Avenue on April 3.
The Guilford County District Attorney said Kendrix Jones acted in self defense when he shot Dixon.
A second story from the Greensboro News-Record of the same date
Police: High Point man killed someone in self defense
A High Point man who shot and killed a man inside his apartment April 3 acted in self defense, police today said detectives and the prosecutor determined.
Kendrix Jones told investigators he shot Daniel Cyrus Dixon, who was found dead inside Jones' apartment at 117 E. Swathmore Ave., apartment 2A, according to High Point police.
On Tuesday, detectives met with Guilford County Assistant District Attorney Randy Carroll and reviewed the case.
It was determined Jones, 25, acted in self defense when he shot Dixon, police said in a press release.
Police did not elaborate.
Dixon, 29, lived at 117-2H East Swathmore Ave., police said.
The case has been classified as a justifiable homicide. No criminal charges will be filed, police said.
Labels: NC
Stuart, Florida
From Fort Pierce’s TCPalm.com of April 12, 2006
Two Martin County deaths deemed acts of self-defense
Authorities have deemed two separate cases first investigated as homicides as actual acts of self-defense, police said Wednesday.
In one incident, Stuart police evidence led state prosecutors to determined Daniel George Griffin, 67, was protecting himself when he was confronted in his home by the man whose wife he was allegedly having an affair with, Sgt. Marty Jacobson reported.
Barry Nordstrum, 47, allegedly broke into Griffin's home June 25 about 9 p.m. in the Circle Bay Condominiums and found the man with his wife.
That's when Griffin grabbed a gun and shot Nordstrum to death. The wife, who was present, was not hurt.
(The second incident did not involve a gun)
Labels: domestic dispute, FL
Murfreesboro, Tennessee
From the Murfreesboro Daily News Journal of April 12, 2006
J.D.'s Market owner shoots robbery suspect
Convenience store owner Karim Barakat feared for his life when an armed robber demanded money and cocked his handgun about 7:45 p.m. Tuesday at J.D.'s Market in downtown Murfreesboro, a police spokesman said.
Instead of giving up any money, Barakat reached for his own handgun and shot suspected robber Edward Christopher Evans, 24, in the arm, said Murfreesboro Police Lt. Alvin Baird.
Evans, who is expected to be charged in connection with the robbery, was treated at Middle Tennessee Medical Center's emergency room.
Barakat's wife and daughter were inside the Maney Avenue store at the corner of Vine Street during the robbery and shooting. They were not injured.
More information from a subsequent article in the same publication on April 13, 2006
J D's owner shoots suspect
Wounded man charged in robbery
Store owner Karim Barakat didn't shoot at first when a robber pointed a gun at him during a holdup about 8 p.m. Tuesday at J D's Market in downtown Murfreesboro.
But when the robber chambered a round and pointed the gun at his wife, Frieda, and adult daughter, Hala, the 71-year-old Barakat said he started pulling the trigger.
"He was going to shoot us," Barakat said.
Detective Jim Wyatt reported Barakat fired three rounds from a .38-caliber handgun, striking the suspect, Edward Christopher Evans, in the wrist and shoulder.
The impact knocked the suspect outside of the market on Maney Avenue and Vine Street, four blocks from Murfreesboro Police Department. The money he is accused of taking landed beside him.
Evans, 26, of 535 N. Academy St. was treated at Middle Tennessee Medical Center and released into the custody of Wyatt who charged him with aggravated robbery of Barakat and two counts of reckless endangerment. He was released on $16,000 bond. A hearing is scheduled May 18 in General Sessions Court.
Murfreesboro Police spokesman Alvin Baird said no charges were filed against Barakat.
"The suspect appeared to be racking another bullet into the chamber," Baird said. "That put the owner in more fear, and he did what he had to do to protect himself and his family."
Police don't advocate store clerks putting themselves at risk over money, but Baird noted that people have a right to protect themselves.
No charges were placed against Barakat because he was defending himself and his family, Baird said.
District Attorney Bill Whitesell said police have not informed him yet about the shooting.
"If those are the facts, it sounds like he was acting in self-defense," Whitesell said. "A person has a right to defend himself and others against the threat of death or serious bodily injury. Anyone that has a gun committing a robbery and pointing a gun at people — certainly that fear exists."
Barakat and his family moved to Murfreesboro 16 years ago and bought the store five years ago. They've never had any problems with customers, so a video surveillance tape was turned off.
The owner paced the floor Wednesday when he described the robbery and shooting.
The suspect wore a mask when he entered the store but Barakat recognized him as a customer.
Barakat demonstrated how the accused robber pointed the gun at the family, ordered them to put their hands in the air and demanded, "get me the money."
He said he placed the money in a bag and the man took it and started to leave, but then chambered the round and pointed the handgun at Barakat's wife and daughter.
"How am I going to protect myself and my family?" Barakat said he asked himself. "He was going to shoot us. I am an old guy."
He reached for his handgun and shot Evans. His daughter, Hala, called 911.
"The gun drops from his hands," Barakat recalled. "I took the gun and put it on the counter."
Barakat had never shot anyone before.
"It was really a bad situation," Barakat said. "I was shaking. This is the first time I ever faced a problem like this. This is the first time I've shot in defense of myself."
His son, Al, who was working another job at the time, said the robber had the money and a chance to leave but threatened his family.
"My dad just feared for his life and his family," Al Barakat said. "My dad did what a typical man would do — protect his family."
Labels: business robbery, senior, TN
Mena, Arkansas
From Little Rock’s TodaysTHV.com of April 12, 2006
Suspect Won't Be Charged In Shooting Deaths
Drug and weapons charges have been filed against a man believed by police to have shot and killed two people during an apparent robbery at an indoor marijuana-growing site. But they said the man will not be charged in the deaths Sunday night.
Bradley Webster of Mena was charged with possession and use of a machine gun -- simultaneous possession of drugs and firearms -- manufacturing marijuana -- first-degree endangering the welfare of a minor -- possession of drug paraphernalia -- and possession of marijuana with intent to deliver.
Prosecutor Tim Williamson said Webster will not be charged for the deaths of 34-year-old Chris Pangle and 23-year-old Thai Flores, both of Henryetta, Oklahoma. Williamson said Webster was defending his property, even if it was illegal property.
Labels: AR, residence robbery
4/11/06
Houston, Texas
From the Click2Houston.com of April 11, 2006
Pawn Shop Owner Opens Fire On 3 Armed Robbers
Shootout Caught On Tape
The owner of a southwest Houston pawnshop opened fire on three armed men who tried to rob his business and the shootout was caught on tape, KPRC Local 2 reported Tuesday.
Gunmen entered the A Plus Pawn Shop, in the 11200 block of South Wilcrest, on March 28, and started shooting, according to witnesses.
"I grabbed the first gun I could find and started firing," owner Steve Smith said. "They planned on taking us out, I think. That's the way I figured because they never said a word."
Witnesses said the gun battle sounded like fireworks.
"It looked like a scene from a movie at first. It was like, this cannot be happening," a witness said.
A female employee was shot in the chest and survived.
The shootout was caught on tape by the store's new surveillance video system.
"I really would like to get them off the street because it's going to happen to somebody else," Smith said.
With 20 years in the business, Smith said he has never come face-to-face with gunfire.
"I’m kind of afraid to leave here sometimes because I'm afraid something's going to happen, like they may come back after me," he said.
Labels: business robbery, TX
Gary, Indiana
From the Merrillville Post-Tribune of April 11, 2006
Charges filed in convenience-store shooting
George Lebron faces a lengthy recovery from the broken bones and internal injuries he suffered when he crashed his car Tuesday night.
He also faces a lengthy jail term if convicted of firing shots into a convenience store while the security guard, owner and her two young children were inside.
Lebron, 44, of Gary was charged Monday in Lake Superior Court in Crown Point with attempted murder, aggravated battery and four counts of criminal recklessness stemming from an incident at One Stop Food Mart at 45th Avenue and Harrison Street, Detective Sgt. William Fazekas said.
No one in the store was wounded when the man started shooting because the store was closing and he couldn’t go inside, Fazekas said.
As the guard returned fire, a Merrillville woman driving by was shot in the chest, police said.
Judith Winfield, 40, of Merrillville “has undergone extensive surgery and is scheduled to undergo further extensive reconstructive surgery,” the probable cause affidavit states.
The man fled from the scene and crashed his car at 57th Avenue and Broadway in Merrillville minutes later, police said. When Merrillville police arrived, they found Lebron behind the wheel “highly intoxicated and seriously injured,” the affidavit states.
Lebron remains hospitalized with numerous injuries.
Fazekas said when a ballistics report is completed, police will know who shot Winfield. The security guard will not be charged because prosecutors determined he was firing in self defense.
Houston, Texas
From the Houston Chronicle of April 10, 2006
(Editorial)
Harris County prosecutor's upbraiding of jurors over a not guilty verdict was unprofessional and unjust
Serving on a jury is sacrifice enough for the relatively small percentage of citizens who actually obey their summons and show up for duty. Getting chewed out by a prosecutor who didn't like a verdict — as happened here last month — shouldn't be part of the experience.
Rene Villalobos Velez, 29, had been charged with aggravated assault with a deadly weapon after shooting a merchant in the shin during a quarrel last year over the purchase of a mattress. Velez claimed self-defense, accusing the merchant of threatening him with a pipe. Prosecutor Doug Richards, a 2004 graduate of South Texas College of Law, argued that Velez shot the victim through a door and was in no danger when he did so.
The jury disagreed and found Velez innocent. Afterward, one member questioned why the prosecutor had not charged Velez with illegally carrying a weapon, a charge about which there could have been no dispute, as the defendant had no state concealed gun permit.
In a post-trial meeting with the jurors, Richards blasted their judgment. According to several members of the panel, he accused the jurors of "ignoring the laws and the facts" and then stomped off in a huff.
Although Harris County District Attorney Chuck Rosenthal later told the young prosecutor it was not the policy of his office to disparage jurors, Richards did not retract his comments when interviewed by Chronicle reporter Steve McVicker. He said he expected jurors to honor their oath to uphold the law: "I do stand by the fact that there's no way they could have been listening to the evidence in this case and still have reached the same verdict." Richards is apparently under the impression that jurors cannot disagree with a prosecutor's judgment without violating their oath. If that were true, there would be no reason to have a jury system.
Rather than throwing a tantrum, the neophyte prosecutor should have taken to heart the fact that if he failed to convince 12 impartial people that the defendant was guilty beyond a reasonable doubt, his case had problems. Instead, Richards came close to violating the legal code of conduct that prohibits lawyers from harassing jurors.
Harris County is famous for meting out tough justice — but that shouldn't include the verbal abuse of jurors who happen to disagree with a prosecutor.
4/10/06
Indianapolis, Indiana
From Indianapolis’ WISHtv.com of April 10, 2006
Man Shoots Teen Found in Garage
A man is in critical condition after being shot during an apparent burglary.
Just after 3:00 Sunday morning, a homeowner heard noise in his garage. When he checked it out, police say he found 18-year-old Bryant Towns in his garage. According to officials, the homeowner shot him in the chest.
Towns faces burglary and residential entry charges.
Labels: IN, residence burglary
4/9/06
Paris, Texas
From the Paris News of April 9, 2006
Local resident shoots bank robber in leg
When the man suspected of robbing a branch office of People’s National Bank hours earlier walked into Johnny Piper’s yard near Slabtown Thursday night, the 34-year-old Lamar County native says he first thought the man to be a dog-handler involved in the manhunt that was then ranging along the nearby Sulphur River bottom.
Minutes later, and after several warnings, Piper says he told Michael Paul Hammonds, 32, to “stop or I’ll shoot.”
“The dogs at that point got away from him and hunkered to the ground,” Piper recalled Saturday about the incident, explaining he followed Hammonds out his driveway from his back porch.
Piper pulled the trigger, sending a 20-gauge shotgun shell through both of Hammonds’ legs, ending a five-hour manhunt involving several law enforcement agencies, a Texas Department of Public Safety helicopter and tracking dogs from the Choice Moore State Jail in Bonham.
(Much more)
4/8/06
North Platte, Nebraska
From the North Platte Bulletin of April 8, 2006
No charges filed on student accused of shooting his fatherFrom the North Platte Bulletin of March 20, 2007
Ray Keefer, 17, a high-school student who shot his father in the leg early March 25, appeared in court March 29. No criminal charges were filed against him.
Lincoln County Attorney Jeff Meyer said March 28 that no charges against the boy are planned, although he is still investigating the incident.
Keefer was arrested for first-degree assault and use of a deadly weapon to commit a felony March 25 after he allegedly shot his father Thomas Keefer in the left leg with a .38-caliber handgun.
The bullet splintered Tom Keffer's bone and stayed lodged in his leg.
Tom Keefer, 42, was treated at the hospital and released. He was charged March 27 with felony child abuse, use of a weapon to commit a felony, domestic assault and terroristic threats.
Tom Keefer appeared in court March 27 on crutches and asked for a “reasonable” bond. “I still have a bullet in my leg that needs to be removed,” he said.
Lincoln County Judge Kent Florom set Tom Keefer’s bond at $25,000 and ordered him to have no contact with his son Ray or wife Lori Keefer.
…
Lincoln County sheriff’s deputies were called to the Keefer home at 243 S. Maloney Drive at about 2:30 a.m. March 25. Shortly after arriving, they heard a gunshot from inside the house.
Ray Keefer exited the home and told deputies that he had shot his father in the leg.
Deputies entered the home and found Tom Keefer bleeding on the living room floor.
The affidavit said Ray told deputies that his mother and father had been fighting after Lori and Ray arrived home about 2 a.m. Tom threatened both Ray and Lori with the unloaded pistol, then loaded it and fired it once into the ceiling of the home.
The affidavit said Tom then put the loaded gun to Ray’s head and told him to leave the residence.
A struggle ensued and Ray recovered the gun from his father, the affidavit said. Ray then went to his room but Tom followed him and attempted to get the gun back, according to the affidavit.
Unsuccessful at retrieving the gun, Tom then went into the living room and began assaulting Lori, so Ray said he went back into the living room carrying the gun. When Tom saw Ray there, according to the affidavit, he became angry with his son and lunged at him. That’s when Ray fired the gun, striking his father in the left leg.
Deputies said Lori Keefer was intoxicated and said she was not present when her son shot her husband. No charges have been filed against her.
Keefer guilty of threats, child abuse
Tom Keefer, the North Platte man shot in the leg a year ago by his teenage son after a violent fight with his was found guilty of terroristic threats and child abuse in Lincoln County Court Monday.
Keefer, 43, 243 South Maloney Drive, pleaded no contest and was found guilty of the amended charges. Charges of use of a weapon to commit a felony and domestic assault were dismissed in exchange for the plea in a plea agreement with prosecutors.
Keefer faces a maximum of five years imprisonment, a $10,000 fine or both for the felony terroristic threat charges. He also faces one year imprisonment, a $1,000 fine or both for the misdemeanor child abuse charge. He will be sentenced April 30.
Keefer was charged with the crime after Lincoln County Sheriff Deputies were called to their home March 25, 2006.
Deputies said Keefer’s son Ray told them that he had returned to his home early that morning with his mom and two friends. Ray and his friends were playing video games when Ray heard his mom and dad arguing, deputies said.
Ray told the deputies he separated his parents by pulling his dad off of his mom.
Keefer then ordered Ray to send his friends home, which he did, deputies said. While Ray was walking his friends outside, he heard the argument again and ran back inside.
Deputies said Ray told him Keefer had pinned his wife, Lorie, to the couch and that Tom had a handgun in his hand, pointing it at her head.
Ray told the deputies he jumped on his dad’s back to wrestle it away and Keefer told Ray the gun wasn’t loaded.
Ray told the deputies that as he sat by his mom on the couch, Keefer left the room then came back in saying, “now it’s loaded.” He then fired a round into the ceiling.
Ray and Keefer began to fight and struggle and the gun fired a second time, this time into the floor, deputies said.
Ray said he then grabbed the gun from his father, who repeatedly asked him to give it back. When Ray refused, according to deputies, Keefer walked toward his son saying, “shoot me, shoot me. Or give the gun back so I can shoot myself.”
Ray told deputies that his father continued to advance on him so he shot him in the leg.
Ray, then 17, was originally arrested for assault but felony charges against him were never filed because prosecutors decided his shot his father in self defense.
P. Stephen Potter, Keefer’s attorney, said he intended to offer a different version of events at sentencing but advised Keefer to plea no contest to take advantage of the plea agreement. He said Keefer had successfully completed treatment.
Labels: assault, criminal's gun taken away and used against him, domestic abuse, minor defender, NE
4/7/06
Phoenix, Arizona
From April 7, 2006 KTVK channel 3:
A man drove his friend to a bank Friday morning but ended up being an unwilling accomplice in a robbery.
It happened at Compass Bank near 35th Avenue and Thomas Road where a man using an ATM was confronted by a man with a gun.
It turns out the suspect got more than he bargained for. He's in a Valley hospital after the customer he robbed grabbed his own gun and shot the man.
Pat Claussen, a witness, says she was in line to use the ATM when the armed robber made his move.
"He grabbed the kid around the waist and put his hand in his back pocket then grabbed his billfold," Claussen said.
But the suspect didn't get far. That's because the customer reached into his own truck, grabbed a gun and started firing.
The suspect took a bullet in the leg then hopped into this getaway car.
But during the commotion, the panicked driver ended up smashing into an electrical box.
"I was sitting over there and all of a sudden bam, bam, bam," said Scott Young, who witnessed the shooting.
Young, a construction worker, watched in disbelief as the wounded suspect attempted to flee on foot.
"I heard at least eight shots," he said.
A short while later, police nabbed the suspect and he was taken to St. Joseph's Hospital with non-life-threatening injuries.
Officers questioned his accomplice in the back of a police car but eventually released him.
"I'm pissed off," said the suspected accomplice, Frank Canez.
Canez owns the car, now riddled with bullet holes, that the suspect attempted to get away in.
Canez says he knew nothing about the suspect's plan to rob someone at the ATM. He says the suspect is an acquaintance who promised him gas money for driving him to the bank.
"Next thing I know, he comes running to the car like this, like he had a gun, and tells me to go and they just start shooting each other," he said.
Labels: AZ, business robbery, criminal's gun taken away and used against him
Texas County, Missouri
From the April 6, 2006 News-Leader:
Authorities said Wednesday that a suspect may have acted in self-defense in the shooting death of a 70-year-old man in his Texas County home Tuesday.
Floyd Cooper died from a fatal gunshot wound to the heart, according to a preliminary autopsy report.
He was pronounced dead Tuesday night at his home on Pipeline Road, about four miles north of Summersville.
Evidence indicates that a struggle occurred in the home, authorities said.
The suspect is not being named because no charges had been filed as of Wednesday evening.
Labels: altercation, MO
North Miami, Florida
From Miami‘s Local10.com of April 7, 2006
Police: Woman Injured, Man Killed Trying To Protect Home
Three people died Friday as the result of an apparent home invasion.
North Miami police said shots were fired at a home on Northwest Miami Court near 126th Street around 5:30 a.m.
When police arrived, they found two people dead and two others injured, North Miami police spokeswoman Cathy Ruggiero said.
Police said a couple who live in the home tried to defend themselves when two people allegedly broke in. Both of them were injured in the struggle.
The man who lived in the home was taken to an area hospital, where he later died.
The woman who lived in the home was taken to North Shore Medical Center. Police said she was not shot, but she was injured while struggling with the alleged intruders.
A neighbor told Local 10 he heard several shots fired after an argument that could be heard houses away. He also said he heard a woman screaming for someone to help her.
Labels: defender killed, FL, home invasion
4/6/06
Irving, Texas
From the Dallas Morning News of April 6, 2006
Irving shooting victim, 16, could face charges
A Dallas County grand jury will likely decide whether a 16-year-old boy shot in Irving on Wednesday should face criminal charges for attempting to rob a 45-year-old man at gunpoint.
Irving police spokesman Officer David Tull said the teenager approached the 45-year-old man in the parking lot of an apartment complex in the 9400 block of E. Valley Ranch at about 9 p.m. Wednesday. Police did not release either person’s name Thursday.
The man was talking on his cell phone in a parked pick-up truck when the teen wielded a gun and demanded the phone and the man’s wallet. The man told the boy he was reaching for his wallet, but instead grabbed his gun, which was next to him. The man then pushed the boy’s arm up and simultaneously shot him, Officer Tull said.
The teen, who was struck in the chest, spun around and then fled on foot. Fearing he may return, the man in the truck drove off and then called police.
The 16-year-old was taken to Parkland Memorial Hospital where he was listed in serious condition Thursday. Police said the bullet entered his upper chest and exited out the left side of his back. When police arrived at the scene, the teen did not have a gun on him but police later recovered one about an hour later.
The man in the truck will likely not face charges, Officer Tull said.
A companion story from the Houston Star-Telegram of April 6, 2006
Shooting was justified, police say
An Irving teen-ager accused of trying to rob a man at gunpoint Wednesday night was shot by the victim in a parking lot of an apartment complex, police said Thursday.
The 16-year-old remained in intensive care in critical condition Thursday at Parkland Memorial Hospital in Dallas, police said. The teen suffered a gunshot wound to the chest, police said.
The man was not injured, police said. Police declined to identify the man or the teen.
No other injuries were reported in the shooting that occurred about 9 p.m. Wednesday in the 9400 block of E. Valley Ranch Parkway.
The attempted holdup victim, a 45-year-old Irving man, told police that he was sitting in his pickup truck in the parking lot, talking on his cellphone, when the teen walked up. The teen — armed with a semi-automatic handgun — demanded the man’s cellphone and wallet, police said.
The man told the teen he would give him his wallet and acted as though he was going to get it, but instead grabbed a larger caliber revolver that was lying on the seat, police said.
As he pushed the teen’s gun away, the man shot the suspect, police said.
The teen spun around and ran away, police said. Fearing that the teen would return, the man drove away from the complex, police said.
A few minutes later, residents found the teen, without a handgun, sitting on a curb near the apartment complex office, telling them he had been shot, police said.
The teen was transported by ambulance to Parkland, police said. As the teen was headed to the hospital, the man called police to say that he had almost been robbed at the apartment complex.
The man drove back to the complex and gave police details of the attempted holdup.
Because the teen did not have a handgun when he was found, police searched the complex and discovered it a few hours later.
“At this point, we believe it was self-defense,” Irving police spokesman David Tull said.
The teen is expected to be charged with aggravated robbery, Tull said. The shooting case will be turned over to a Dallas County grand jury for consideration, Tull said.
Labels: minor offender, street robbery, TX
Forks, Washington
From the April 5, 2006 Peninsula Daily News:
FORKS -- Clallam County sheriff's deputies are investigating a fatal shooting Tuesday morning that they think was an act of self-defense.
One man was airlifted to Harborview Medical Center in Seattle with a gunshot wound to the head, and died, Clallam County Undersheriff Rich Sill said Tuesday night.
The altercation occurred at about 10:50 a.m., according to a PenCom 9-1-1 dispatcher.
Initial reports from the scene at 41 King's Ranch Road on the east side of Forks said the dispute between the two men involved a knife and a pistol.
The shooter was being interviewed by Sheriff's detectives, Sill said.
He did not release the names of the two men.
"There is a lot of investigation involved and they are just taking their time," Sill said.
Labels: altercation, WA
Albany, New York
From Albany’s WALB.com of April 5, 2006
Customer shot in store scuffle
A man was shot today inside an East Albany clothing store. He was a customer, who apparently tried to intimidate the store owner into selling him a shirt at a discount.
But he ended up paying full price for the shirt and leaving the store with a bullet in his abdomen. A crowd gathered outside the Shackleford Shopping Center as this strange shooting unfolded.
Thirty-year old Jahwar Harris walked into the High Dollar Fashions store, and offered the owner $15 for a shirt. The owner told him it was $25, so Harris laid a pistol on the counter and asked the owner 'how much he'd take for it now?'
"He asked for a shirt, placed a weapon, a handgun up on the counter, the part-time owner took the weapon and put it in his pocket," said Lt. Tracey Barnes of the Albany Police Department That's right. With the customer's gun now in his own pocket, store co-owner Damien Gardner continued with the checkout.
"There was a discussion about the price of the shirt," Barnes said. "He bought the shirt. As he was walking out he turned and asked for his gun back." But the store owner refused. "When the owner declined to give him his gun back, there was a struggle over it and the gun went off and struck the individual in the side."
A next door business owner, who didn't want to go on camera, was the first person who realized something was wrong. "I just heard the scuffle and I ran out the back door and when I ran out the back door, the guy told me to call the police, because someone has been shot," she said.
Shot in the abdomen with a gun he, himself, took into the store.
"There is a videotape inside and it does confirm everything that the owner has said," Barnes said.
The store owner wasn't seriously injured, but was taken by ambulance to a hospital because he apparently hurt his wrist during the scuffle.
Jahwar Harris spent the afternoon in surgery and remains hospitalized. Police haven't decided what charges will be filed.
Labels: altercation, criminal's gun taken away and used against him, NY
4/5/06
Sunrise, Florida
From the Miami Herald of April 5, 2006
Man shot in Sunrise neighbor dispute may have acted in self-defense
Police have identified the Sunrise man who they say shot his neighbor in the chest last night after a heated discussion.
Clifford Fortner, 41, of Sunrise, has been identified as the shooter, police said. Fortner has not been charged, and is cooperating with investigators, according to Lt. Robert Voss of the Sunrise Police Department.
Police are investigating the possibility that Fortner fired in self-defense.
Officers took the 47-year-old victim, Keith Gagnon of Sunrise, to Broward General Medical Center in Fort Lauderdale, police said. Gagnon remains in the intensive care unit. There are also no charges against Fortner, Voss said.
The incident happened at NW 32nd Place and NW 109 Terrace, police said.
Voss said only a handgun was found at the crime scene last night.
Police continue to investigate the shooting, including whether Fortner was defending himself from Gagnon when he shot him.
Voss said he will examine the impact on this case of a self-defense law that went into effect last year. The law allows Floridians to use deadly force against an attacker, even if they could have fled, and requires prosecutors to presume that they acted in self-defense.
Labels: altercation, FL
Wichita, Kansas
From Wichita’s KAKE.com of April 5, 2006
Strip Club Shooting
A Wichita strip club erupts in violence when an out of control patron is shot by the manager. It started at Baby Dolls at 48th and Arkansas just after midnight. Witnesses say 36 year old Lance Nelson was making degrading comments about the dancers and bar staff. That's when the bar manager pulls out a gun and shoots Nelson in the chest. Nelson and a friend then leave the bar and drive off. A short time later Park City police stop the two at I-135 and 29th street. The driver of the car runs from officers, meanwhile Nelson slides into the driver's seat and drives himself to the hospital. Police questioned the bar manager about the incident, but let her go saying it could be self defense and will leave it up to prosecutors to make the final determination. Police are still searching for the driver that ran off.
Labels: altercation, KS
Virginia Beach, Virginia
From HamptonRoads.com of April 5, 2006
Navy SEAL not guilty of murder, jury says
After deliberating three hours over two days, a jury this morning acquitted Navy SEAL Ronald Gasper of murder for shooting to death fellow SEAL Bradley Jondahl.
Gasper, 31, shot Jondahl once in the stomach on July 31, 2004, after the two returned from a night of heavy drinking on Shore Drive to Gasper’s home in Bayside.
As the verdict was read, a gasp went up from the left side of the courtroom, where Gasper’s friends and relatives sat.Gasper clutched and hugged one of his defense attorneys, a longtime friend from Ohio.
At the same time, Jondahl’s family on the right side of the courtroom began weeping. They were led downstairs by a bailiff. A spokesman for the family said they want to talk about the trial later.
Gasper’s friends and relatives greeted him outside the courtroom with tearful hugs.
Gasper claimed the shooting was in self-defense. He said Jondahl was angry and drunk and had attacked him. He testified that Jondahl at one point put him into a chokehold and picked him up off the ground.
Prosecutors, however, argued that Gasper introduced a gun into a non-lethal fight – “a wrestling match,” as prosecutors called it -- and he was not justified in shooting Jondahl.
4/4/06
Roselawn, Ohio
From ChannelCincinnati.com of April 4, 2006
Store Owner Shoots Would-Be Robber
Man With Leg Wound Goes To Hospital
A Roselawn store owner turned the tables on a would-be robber late Monday night.
Cincinnati police said the owner of the Shop-Rite on Reading Road told them a man walked into the store shortly after 9:30 p.m. and attempted to rob him.
The owner said he pulled out a gun and shot at the robber. He told officers that he thought he hit the man in the leg.
Just before 11 p.m., a man came to the emergency room at University Hospital with a gunshot wound to the leg. Officers responded to the hospital and determined that the victim may be the robbery
The shooting is still under investigation.
Labels: business robbery, OH
4/3/06
Newport, Tennessee
From the Cocke County Online of April 2, 2006
Alleged robber foiled by 67-year-old victim
The 67-year-old female victim of an alleged attempted robbery and assault on Friday turned the tables on her would-be assailant, according to the Cocke County Sheriff's Department (CCSD).
CCSD Sgt. Richard Caldwell told the Plain Talk on Saturday that Patsy Neal, 67, of Moore Ridge Road in the Bybee community, called E-911 a little after 10 p.m. on Friday to report that someone had attempted to assault her and steal money and her car.
"Ms. Neal told us that Karl Daniel Forss, 32, 2682 Moore Ridge Road, showed up at her door-supposedly to use the telephone-late Friday night, and she said she was not initially afraid because she sort of knew him, he lived in the area," said Caldwell.
But, according to Caldwell, the visit was not a friendly one. "Ms. Neal told us he [Forss] brandished a hammer and told her he wanted $500 to buy drugs, and she said he also demanded she give him the keys to her Pontiac GrandAm," said Caldwell.
Caldwell said Neal told him she then began backing up the stairs inside her home's foyer and, at the top of the stairs, seized the opportunity to shove her assailant down the stairs and lock the inner door.
"But, according to Ms. Neal, he [Forss] didn't leave the house right away," said Caldwell. "He apparently used the hammer to strike at the inner door, after which she [Neal] got a .22-caliber rifle and attempted to shoot through the door."
Caldwell said the rifle apparently jammed initially, but Neal was able to eventually fire through her home's window in an effort to scare Mr. Forss away," he said.
Labels: assault, female, residence robbery, TN
4/2/06
Randallstown, Maryland
From Baltimore’s WJZ.com of April 1, 2006
Randallstown Woman Kills Husband In Self-DefenseFrom Baltimore’s WBAL.com of April 10, 2006
Baltimore County police say a woman shot and killed her husband, apparently in self-defense, at their Randallstown-area townhome this afternoon.
Police spokesman Bill Toohey says the woman's husband had been threatening her with a weapon before she shot him.
The 35-year-old woman called 911 around 4:30 this afternoon and calmly told the operator that she had shot her 44-year-old husband. She met police at the door when they arrived at her townhome on Gilly Way.
Let Marylanders Protect Themselves by Ron Smith
I can get quite worked up while reading the morning newspaper. It happened again Saturday when I got to the Sun’s Maryland section and saw a story headlined, “Two killings test right of self-defense.” I knew what was coming.
Here’s Jennifer McMenamin’s lead. “Karen L. Foxx had sought court orders to keep her estranged husband away, had filed criminal charges against him and changed her phone number. She also bought a gun to protect herself, and last Saturday, her lawyer says, Foxx did just that when she fatally shot her husband.”
The story then tells us that her case and that of businessman Mark Beckwith, who fatally shot one of three men who attacked him in the upper parking lot at the Village of Cross Keys in North Baltimore a couple weeks ago, has led to the legal right of self-defense being “under examination.”
Consider the known facts of these cases and then ask what in the world would make these killings criminal. Foxx shot her estranged husband, Herman Bullock, in her home, from which a court order banned him. “In requests for protective orders,” the Sun story says, “she wrote that Bullock had threatened to kill her, slapped her, dragged her down the stairs, threatened her with an ax handle and kicked, punched pushed and choked her.” Also, she wrote that he had killed their Chihuahua by throwing it out the door, breaking its neck.
Furthermore, there are ample court records alleging violence by Bullock, not only in his relationship with Foxx, but also accusations from his first wife who filed for divorce from him in 1999. She alleged that Bullock had abused her in front of their children, dragged her down the stairs by her hair and abused their dog.
So this brute shows up at a home he is legally forbidden from visiting, she shoots him dead and we’re supposed to take seriously the notion that maybe she could have violated the rules governing self-defense? Like how many shots did she fire or where the gun was in the house whether his fingerprints were on the ax handle and whether she could have handled the threat from him by calling the police. Remember, “Call 911 and Die?” Remember the warning, “Call for a cop and call for a pizza and see which one gets there first?”
In the Beckwith case, the gas station owner pulls into the Cross Keys parking lot on St. Patrick’s Day to deposit money from his gas stations, when he’s set upon by three men apparently intent on robbing him. They hit him and try to grab the cash when he pulls away, yanks his Glock from a shoulder holster and opens up. One assailant dies, another is wounded and later arrested while seeking treatment for his wound.
Beckwith, whom I’ve known for thirty years, has been legally carrying a gun for two decades because of the necessity in his business of dealing with substantial amounts of cash. Never had he used it, or even brandished it. But the reason concealed carry permits are issued even in Maryland to people like him is to enable them to protect themselves in pretty much the kind of scenario that unfolded in that parking lot.
Some states give their residents the unquestioned right to protect themselves with force against those who would do them violent harm. Maryland should too, since there should be no question in cases like these that the law sides with the potential victim, not with the attacker.
Labels: domestic dispute, MD
Topeka, Kansas
From the Topeka Capital-Journal of April 2, 2006
Requires free registration
Bar holdup ends in death
A man believed responsible for a home invasion late Friday in the Oakland area was shot to death shortly after midnight after he assaulted a bar manager during an attempted robbery, police said Saturday.
The crime spree also left two people injured.
Police found Russell Joe Collins, 23, of Topeka, dead from a gunshot wound just after midnight Friday, lying in the 700 block of S.W. 2nd Street between Taylor and Polk. Collins was identified as one of two men who earlier had burglarized an Oakland home and assaulted an elderly man in the process, said police spokeswoman Kristi Pankratz.
His alleged accomplice, Bobby Lee Cott, 19, 405 S.W. Tyler, was arrested in connection with numerous offenses when police responded to a robbery in progress at the Bavarian Inn, 712 S.W. 2nd St.
According to a police report, the sequence of events began at 11:15 p.m. when Collins and Cott forced their way into a home at 408 N.E. Strait in Topeka's Oakland area. During the burglary, the two were confronted by a resident, James Noland, 75, who suffered a stab wound when one of the intruders attacked him with a knife, police said.
Noland was taken by American Medical Response ambulance to Stormont-Vail Regional Health Center, where the hospital wouldn't comment on his condition Saturday. Police said his condition wasn't life threatening.
His 83-year-old wife, Vida, was home when the attack occurred, but she wasn't harmed, police said. A .22-caliber rifle was taken in the break-in.
Officers were at 408 N.E. Strait when they were called to the robbery at the Bavarian Inn.
"An employee of the Bavarian was beaten and during the struggle, got ahold of a firearm and fired at his assailants," Pankratz said.
On Saturday afternoon, patrons in the Bavarian Inn said employees had been closing the business for the night when two men entered armed with a knife and a rifle.
…
Collins' death was being investigated, and police said self-defense was among the aspects being considered.
Labels: assault, business robbery, KS, senior
Dallas, Texas
From March 20, 2006 Dallas/Fort Worth channel 5:
DALLAS -- Dallas police say they don't expect to file charges against a homeowner who shot two people he said were trying to break into his home.
The shooting happened at about midnight Monday at a home in the 2500 block of Locust Avenue.
The suspects are in the hospital but do not have serious injuries.
