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3/31/07
 
Axton, Virginia

From the Roanoke Times of March 31, 2007
Police: Man in N.C. hospital after being shot

An Axton man is in fair condition at a North Carolina hospital after he was shot Thursday night, an official said.

Herbert Howard Cline, 23, suffered a gunshot wound to his back following a dispute in Axton, said Lt. Kimmy Nester of the Henry County Sheriff's Office.

Cline was taken to Memorial Hospital of Martinsville and Henry County and then was transferred to Wake Forest University Baptist Medical Center in Winston-Salem, N.C.

Investigators have talked with a person who admitted to firing shots in self-defense after seeing Cline pull a weapon, Nester said. That person has not been charged because authorities are still investigating the shooting.

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Vista, California

From NBCSanDiego.com of March 30, 2007
Clerks With Machete, Handgun Can't Stop Robbers With AK-47

Two men, one armed with an AK-47 assault rifle, robbed a Vista market but not before taking on two clerks, one of them armed with a machete.

Sheriff's deputies said the suspects walked into the El Leno Market on South Santa Fe Avenue on Thursday night. One jumped over the counter and grabbed a bag with money in it.

Meanwhile, a clerk pulled out a machete, and another employee took out a handgun and fired a shot into the ceiling.

The robbers were able to get away with about $3,500, police said, and no one was hurt.

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3/30/07
 
Cleveland, Ohio

From March 30, 2007 WKYC channel 3:
A suspect attempted to rob someone.

The "victim" turned the tables, snatched the gun from the suspect and shot the suspect.

An off-duty officer came upon the scene, was able to disarm the robbery victim who had the gun. Then the off-duty commandeered a vehicle and chased down the initial robbery suspect.

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Arlington, Texas

From March 30, 2007 Fort Worth Star-Telegram:
FORT WORTH -- In December, Darrell Roberson fatally shot a man outside his Arlington home after finding the man and his wife in a compromising position inside a pickup.

But Roberson is no longer in trouble with the law.

His wife, Tracy Denise Roberson, is now the one facing criminal prosecution in connection with the killing.

On Wednesday, a Tarrant County grand jury declined to indict Darrell Roberson, 38, on a murder charge in the death of 32-year-old Devin LaSalle.

Instead, the panel on Thursday returned an indictment against Tracy Roberson on a charge of manslaughter, stemming from allegations that she recklessly caused LaSalle's death by falsely claiming that she was being raped, prompting her husband to shoot LaSalle.

Tracy Roberson, 35, was also indicted on a charge of making a false report to a police officer on accusations that she also lied to Arlington police, telling them she was being raped when, officials said, she had actually been having an affair with LaSalle. A warrant for her arrest was issued Thursday.

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Hobbs, New Mexico

From KAMC of March 30, 2007
Elderly Hobbs Man Shoots Intruder

Hobbs police say they rarely hear of burglaries when people are home and it`s even rarer for a victim to fire shots.

Residents of Hobbs say Jerald Hanson has been around the town forever. He’s a guy you can see riding around town on his motorcycle who never puts up with much from anybody. He’s known by most as Pac Rat but ever since early Friday morning he’s been known for a lot more.

"Lying in bed, heard some funny noises you know? And this guy was in my house. He had a knife and he says give me all your money or I`ll kill you! That`s where he made a mistake, he started counting it. It just gave me enough time to go under my pillow and get my gun. I shot at him."

That’s the account from Hanson after police say 36 year old Rodney Rudy broke into his home around 3:30 Friday morning.

"Here we have an instance where a gentleman is 76-years old and you have a suspect that`s 36-years old in a lot better shape, a lot younger, obviously standing over with a knife, surprising someone that was asleep. So it`s a situation that doesn`t happen often" says Captain Donnie Graham with the Hobbs Police Department.

Hanson fired two shots at the suspect, one of those hit Rudy in the left abdomen and back area. He then ran to a nearby home. Police found him and took him to Lea Regional Hospital. He was later taken to University Medical Center in Lubbock where he remains in stable condition. Police say when he recovers he could face some serious charges including robbery or aggravated burglary. Both are second degree felonies.

Hobbs police say New Mexico citizens are allowed to take reasonable and necessary steps to protect themselves or their property and they will investigate what happened at Hanson’s house.

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Mobile, Alabama

From the Mobile Press-Register of March 30, 2007
Armed woman holds suspected burglar

A mother who had just dropped off her daughters at school Wednesday morning held a suspected robber at gunpoint after she returned home to find him in her south Mobile driveway, Mobile police said.

Lelia Richardson left her Parkway Drive home at about 7 a.m. to take her two daughters to school, police spokesman Officer Eric Gallichant said Thursday.

When she returned about 50 minutes later, she saw an unfamiliar car under her carport and the door to her home open. The door frame was busted and splintered from where someone had apparently kicked it in, Richardson said.

"That's when I knew exactly what was going on," Richardson said. "I called 911 before I got out of the car and then I got my pistol ... just in case he tried to do something to me."

Richardson pulled into her driveway and blocked in the unknown car and a man she had "never seen before in my life" walked out of her home, she said.

"I saw him coming out of the house, and he walked up toward me to see who I was and that's when it all happened," Richardson said.

Richardson asked the man who he was, and he told her that he lived there, she said.

"I said, 'Not unless you moved in during the last hour,'" Richardson said.

The woman drew her pistol -- "I always carry it for protection," she said -- and told the man not to move until police arrived.

"He told me, 'Please don't shoot,' and he said he was going to put everything he took back in (the house)," Richardson said. "And he did. He put it all back in my den."

Richardson kept her weapon drawn while the man returned her things, she said, and kept her pistol on him until officers arrived and arrested him.

"You just have to be prepared for anything," she said. "I like to make sure if anything happens that I'm able to protect me and my kids."

Richardson said that through the whole ordeal, she was never once scared for her life.

"Because I knew if he came to me, I was going to shoot him," she said. "I didn't want to hurt him. I didn't want to shoot him, but I didn't want him to do anything to me."

Investigators found some stolen property from inside Richardson's home and a small amount of marijuana in the man's car, Gallichant said.

Jedadhai Powell, 20, of Mobile, was charged with third-degree burglary and second-degree marijuana possession, Gallichant said.

Powell was being held Thursday at Mobile County Metro Jail in lieu of $3,500 bail, the jail log showed.

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Memphis, Tennessee

From Memphis’ WMCtv.com of March 29, 2007
Attacker strikes same place twice, but runs out of luck

A man who stopped a kidnapping and the woman he saved are telling their stories.

Their stories begin with a tale of a man who came looking for his ex-girlfriend. He threatened her life and took her money. He got away with it once.

He was not so lucky the second time around.

Sharon Hamblin worked as a caregiver for 85-year-old Louise Hardin.

Last week, Hamblin's past came back to haunt her.

"I came here to kill you but I changed my mind" were the words she remembered coming from her ex-boyfriend, Gary Stewart, who police say broke into the home through a bedroom window.

"He said give me all the money you got," she recounted.

Stewart then forced her and Hardin into the car and made them drive to West Memphis so Hamblin could cash a check for nearly $300.

Stewart took the money and let the two of them go.

"Officer first on the scene told me it's possible this man may come back," said Louise Hardin's son Kent. He came to live in the house to protect his mother and her caregiver.

Three days later, as the officer had warned, Gary Stewart was back after breaking the glass on this garage door.

"I woke up and looked out and saw the perpetrator with a knife to the caregivers throat," said Kent Hardin.

That's when Hardin grabbed his gun. Meanwhile, Hamblin was being forced to the car again.

"I was backing up and I saw Kent come out the back door," she said.

"I ran out with the gun, opened up the car door and stuck it in his face," added Kent Hardin.

"I put the car in gear and I jumped out of the car and got on the ground," said Hamblin.

Kent Hardin added, "When he looked up and saw the gun he just kind of faded, melted."

"He told Gary Stewart, get out of the car get out of the car!" said Hamblin.

"He just rolled out of the car and laid down here in the garage floor put his arms in front of him, his feet back and I held the gun on him."

Hardin says five minutes later, the police arrived.

Stewart is charged with kidnapping, assault and burglary. He also faces robbery charges in West Memphis.

On top of that, he could face federal charges as well. His court date is set for April 13th.

Sharon Hamblin says her biggest mistake was telling Stewart where she worked. Hamblin is no longer working for the Hardin family.

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Lawrence, Massachusetts

From the North Andover Eagle-Tribune of March 30, 2007
Vigilante cabbie cleared of attempted murder charge

A Lawrence cab driver, who took the law into his own hands and shot an alleged robber in the back, has been cleared of attempted murder charges.

Bienvenido Rodriguez shot the man with a semiautomatic handgun after being robbed at knifepoint on Parker Street in January.

Police disagreed with Rodriguez's vigilante action and charged him with attempted murder.

But this week, the Essex County grand jury in Salem declined to indict Rodriguez, 36, of Camden Street, Methuen.

However, the same grand jury indicted the man who was shot.

Herman Irene, 36, of 25 Foster St., Lawrence, faces a charge of armed robbery, said Stephen O'Connell, spokesman for the Essex County district attorney's office.

"There will be no prosecution of Mr. Rodriguez," O'Connell said.

Yesterday, Lawrence police Chief John Romero said Rodriguez would have been facing less serious charges if he had pulled his gun while the robbery was being committed, instead of waiting until Irene was running away and no longer a threat.

Irene was running down Parker Street when Rodriguez drew his .40-caliber Smith &Wesson semiautomatic pistol and fired at him.

The bullet passed through Irene's body narrowly missing his spine and major arteries.

He was taken to Lawrence General Hospital then airlifted to Brigham and Women's Hospital were he underwent surgery.

Police charged Irene with armed robbery and assault with a dangerous weapon.

Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.

Rodriguez told investigators immediately after the shooting that he did not deliberately try to hit Irene and only shot to scare him, police said.

Romero said yesterday he was not surprised the grand jury did not indict Rodriguez, but said it would be up to Methuen police Chief Joseph Solomon to decide whether to restore Rodriguez's license to carry firearms. Methuen issued the gun license originally.
(More)

In many states, this action by Rodriguez would probably be prosecuted.

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Athens, Alabama

From the Decatur Daily of March 30, 2007
Burglary halted with a gun

Athens man captures suspect, accidentally shoots window of neighboring cleaners

After two nights of someone breaking into his downtown business and stealing antiques, Steve Bauer armed himself with a plastic cola bottle and a .44 Magnum and spent Wednesday night at his office.

Bauer's son knew his father was staying the night at the office to protect his property.

"My son was leaving his girlfriend's house about midnight and saw all the cop cars," Bauer said. "He said he thought, 'Daddy's done shot somebody.' "

Bauer, 51, put the cola bottle at the back door so it would make a noise when opened. He laid on a cot in a room adjacent to his office, the gun within reach.

His office, Steve Bauer Properties, is a house on North Clinton Street across from Calvin's Cleaners.

"I fell asleep sometime after 11," he said. "I woke up when I heard the bottle fall. I could hear papers shuffling in my office."

Bauer peeked into his office and saw a woman with a flashlight looking through his desk. He asked the woman what she was doing, and the woman called him by name and replied that she was looking for a house to rent.

Bauer buys, sells and rents property.

"I said, 'Ma'am, it's midnight, and you have a flashlight. I don't believe so. I believe you need to lay down on the ground.'"

Bauer called Athens police. While he was on the phone, he heard someone outside. The woman's boyfriend was in a pickup truck.

"I ordered him to get out and put his hands on the truck," Bauer said. "I told him I had a gun and was on the phone with police, but he cranked the truck and took off."

Trying to shoot at tires

Bauer shot at the truck's back tires. A bullet ricocheted off the roadway and hit a window at Calvin's Cleaners.

"I wish I hadn't shot, but it was a spur-of-the-moment thing," Bauer said. "I thought he was going to plumb get away."
Bauer said police responded quickly.

"I've got to thank them for doing an outstanding job," he said. "Floyd Johnson (lieutenant) was the investigator, and he did a good job. I want them all to know I'm thankful."

An officer handcuffed the woman, who remained on the floor, while others searched for the pickup.

"A .44 Magnum's a big gun," Bauer said. "It probably looked like a cannon to her. I think it scared her into staying put."

Capt. Marty Bruce said officer Jay Looney spotted the pickup at Beaty and Pryor streets and tried to stop the driver. The driver refused and drove to his home at 707 Frazier St.

Bruce identified the driver as 46-year-old Daniel Stubbs. Bruce identified Stubbs' girlfriend as Daphne Watkins, 43, of 1205 Seventh Ave.

Police charged Stubbs with felony driving under the influence, possession of a controlled substance for allegedly having four Xanax pills, third-degree burglary, attempting to elude, driving with a suspended license and having an open container.

Stubbs is out of the Limestone County Jail on $8,000 bond.

Police charged Watkins with two counts of third-degree burglary. She is out of jail on $4,000 bond.
(More)

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Sevier County, Tennessee

From Sevierville’s The Mountain Press of March 30, 2007
Attempted home invasion probed

Sevier County sheriff's deputies searched the area around East Madison Drive Wednesday after a homeowner allegedly fired a weapon at a person who threw a flower pot through the window of the home.

Sheriff Ron Seals confirmed that deputies were summoned to the area after the homeowner called to report the incident. The intruder allegedly fled in an SUV as the homeowner approached; it wasn't clear if any shots struck the person or the vehicle.

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Cullman, Alabama

From the Cullman Times of March 30, 2007
Man shot, killed by ex-wife

Local authorities were still investigating Thursday the death of a Welti man, who was allegedly shot four times by his ex-wife, according Sheriff’s reports.

Sheril Dingler, 38, of Welti, allegedly shot her former husband, 38-year-old Rickey A. Dingler, with a .40-caliber Glock late Wednesday at her son’s home.

The shots were allegedly fired after Mr. Dingler reportedly kicked in the front door of the residence, which Mrs. Dingler had fled to during a heated argument with her former husband.

Mr. Dingler died on the scene.

According to Sheriff Tyler Roden, Mrs. Dingler was not arrested or charged for the shooting on the grounds it may have been an act of self defense.

“She was treated for injuries,” he said. “We are still investigating it at this time, and we’ll make a determination later.”

According to reports, while the two were divorced, they lived together at a residence about 200 yards from the scene of the shooting.

Roden said they had been in an argument since Mr. Dingler arrived home late Wednesday evening, and that he had allegedly assaulted his ex-wife with his fists and threatened her during the argument.

When Mrs. Dingler fled the house for her son’s, Mr. Dingler allegedly followed her and assaulted her again with his fists. The shooting occurred at approximately 11 p.m.

As of Thursday, it was not clear who owned the weapon used in the shooting. Roden said it was kept at the residence where the shooting occurred.

It is not known where the bullets struck the victim or what the two were arguing about.

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3/29/07
 
Milwaukie, Oregon

From Portland’s KGW.com of March 29, 2007
Store owner tackles armed teen robbery suspect

A store owner wrestled an armed 15-year-old robbery suspect to the ground Thursday afternoon and held him at gunpoint until deputies arrived, authorities said.

The incident happened about 2:20 p.m. at the S-n-K Market located at 4791 SE Thiessen Road.

The teen suspect came into the store acting nervous and as he approached the counter with a soda, the store owner noticed a gun, according to Detective Jeffrey Green with the Clackamas County Sheriff's Office.

“The store owner and suspect got into a wrestling match for the weapon, which the store owner was able to take from the suspect,” Green said.

Deputies later found a mask, gloves and a demand note. The weapon, a black powder handgun, was not loaded at the time of the robbery.

The teen’s name was not released.

He was taken to a juvenile detention facility. Charges were still being decided.

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North Little Rock, Arkansas

From Little Rock’s KATV.com of March 29, 2007
Homeowner Claims Self Defense in North Little Rock Shooting

It happened early Thursday morning near Haywood and Water Street. Police say a man has admitted to shooting at another man, but claims it was in self-defense.

(Sharea Yancy, Neighbor) "I knew there was somebody over there laying down because I seen the white sheet."

When Sharea Yancy got home early Thursday morning, her North Little Rock neighborhood was full of police, and the coroner was on the scene. Across the street from her house a man lay dead on the ground.

(Yancy) "It's just shocking. I was kind of shaken. It just shocked me."

When police responded to a shots-fired call around 12:30 a.m., they found the body of 22-year-old Erroll Bernard Robinson, Jr. on the front porch of a vacant home on Water Street.

A resident around the corner, 43-year-old Myron Doss, told investigators he fired twice in self-defense, and the man ran away.

(Officer Carmen Green, North Little Rock Police Dept.) "The resident heard glass break outside his residence. When he opened the door he saw a black male crouched down behind his vehicle. When he stepped out onto his porch that's when the individual stood up turned towards him and fired one shot. And returned? Yes and he returned fire."

So far, police have not made any arrests.

(Yancy) "If it was me, I would have done the same thing if everything was legit and everything went like he said it was. People are just getting tired. It's like you stay at your house and I'll stay at mine and leave other people's things alone."

The man who was found dead had been arrested previously on robbery charges. Police say the investigation is ongoing.
From Little Rock’s CWArkansas.com of March 30, 2007
Homeowner Kills Suspect

A North Little Rock neighborhood that's out of control. That's what some people are saying after an overnight shooting in the Rose City area that left one man dead. But North Little Rock police believe it's a case of self-defense.

Mickie Brown likes her neighborhood, one that is usually quiet the silence broken by gunfire early this morning. "Shocked I thought I slept through this. I live across the street, one of the bullets could have ricocheted and hit me," says Brown.

North Little Rock police say someone was trying to break into a car parked in front of a house. When the homeowner came out, he was armed and approached the man. The suspect fired at him and the homeowner shot back... 21 year old Bernard Robinson died on the steps of this vacant home a block away. "They need more patrol, watch more and cut down on the gang bangers," says Brown.

Brown says this part of Rose City isn't a bad area they just need a little help. "it's a proud neighborhood, I've been here seven years and never had a problem. The police need to step up and get some of the bad elements out of the neighborhood," says Brown.

The homicide is too much for Akika Perkins and her small children. "They aren't going to grow up around here, not if this is going to happen," says Perkins.

It's the fifth homicide for the city, but it's the first for this east-end neighborhood. Brown says it's a preventable tragedy. "Here we sit today with a 22 year old who didn't get to finish his life out," says Brown.

North Little Rock detectives are not done in this case. Investigating tonight whether what happened last night was a justified shooting or a crime. Meanwhile those living in the area want something to change. Investigators are looking at the shooting as being justified since the suspect was invading the homeowner’s property. The last decision will come from the prosecutor's office on whether to file charges. The homeowner was questioned and released.

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Tieton, Washington

From the Yakima Herald of March 29, 2007
Deputies investigate Tieton shooting

Yakima County sheriff's deputies said a Tieton man shot his 35-year-old son in the abdomen early this morning in a possible case of self-defense.

The shooting took place at 4 a.m. at a home in the 1100 block of Beffa Road in the Tieton area, according to information from sheriff's Chief of Detectives Stew Graham.

Graham said Dennis G. Strain, 59, shot his son, Dennis J. Strain, once in the abdomen after they argued and the younger man charged his father.

The younger man was taken to Yakima Valley Memorial Hospital, where he underwent surgery. Graham said the wound is not considered life-threatening.

No arrests have been made, and the investigation is continuing, Graham added.

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3/28/07
 
Everett, Washington

From Everett’s HeraldNet.com of March 28, 2007
Shooting appears to be self-defense

A fatal shooting in Everett on Tuesday night may be a case of self-defense, according to a neighbor who heard the gunshots.

The violence erupted in the 2300 block of Wetmore at 8:22 p.m. Tuesday, police said.

Gretchen Galstad said she heard the gunfire and later spoke with a neighbor who witnessed the events unfold in the home where the shooting occurred.

Apparently a man kicked in the front door at the same time another man was leaving the century-old building, Galstad said.

The intruder hit the man with a handgun, went up the front stairs and fired a few shots, she said. Galstad lives in the downstairs unit in the building where the shooting took place.

The man who was struck with the gun, a friend of the building’s upstairs tenant, managed to wrestle the weapon away and shoot the intruder, she said.
From the The Seattle Times of March XX, 2007
Gun wrestled away; intruder is killed

An armed intruder who kicked in the door of a house near downtown Everett was killed with his own gun Tuesday night, a resident said.

Everett police detained and then released a man they described as an acquaintance of a man who rented the upstairs portion of the house in the 2300 block of Wetmore Avenue. The shooting happened in the interior stairwell leading from the front door up to the resident's living quarters, said Gretchen Galstad, who rents the lower unit.

Galstad said the intruder, whom police have not identified, kicked in the door and then encountered the renter's acquaintance on the stairs. The intruder fired at least two shots before the other man wrestled the gun away and shot the intruder with it, she said.

Police spokesman Sgt. Robert Goetz said "probable cause does not exist at this time" to arrest the acquaintance. Goetz said the incident "does not appear to be random" and the investigation is continuing.

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Athens, Alabama

From Huntsville’s WAAYtv.com of March 28, 2007
An Athens man says he felt threatened last night, so he shot another man. But is that considered self defense?

Athens Police received a call around 7:30 Tuesday night that a man had been shot. If happened off South Houston Street. 46 year old Jimmy Ray Wallace had been shot once in the stomach. Wallace was already being treated at Athens Limestone Hospital Emergency Room when police got the call.

Investigators there discovered that Wallace had gone to his estranged wife's and her boyfriend's home. Wallace was there to get a car back. The boyfriend told Wallace to get off the property. Police say Wallace then told the boyfriend he was going to kill him. The boyfriend says he felt his life was threatened and shot Wallace once in the stomach. Now a grand jury must decide if it was self defense or a criminal act.

"Alabama law just recently changed as far as self defense and defending your property." Athens Police Captain Marty Bruce told WAAY 31. "Now, all you have to prove is that you were in fear of your life."

Alabama's new self defense law went into effect last June. Wallace is expected to be okay. No charges have been filed.

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New Orleans, Louisiana

From the New Orleans Times Picayune of March 28, 2007
Shooting of son ruled justified

Defense notes victim arrived with a gun

A New Orleans man who shot his son five times after an argument, leaving him paralyzed and in a wheelchair, acted in self-defense, a jury decided Monday evening.

James S. Frazier, 50, who spent a lifetime in the U.S. Marines, is free from the criminal charge of attempted second-degree murder for the March 21, 2005, shooting at the eastern New Orleans apartment building where he lived.

The jury believed the elder Frazier's story that the violent incident was all in self-defense, because the son had brought a 9-mm handgun to his father's apartment that night.

James Frazier wasn't injured, and no evidence showed the son ever successfully fired his handgun. The gun jammed, and no bullet came out. Eric Frazier was left bleeding on a third-floor landing.

The defense said that James Frazier, a 29-year veteran of the Marines, feared for his life after his son pointed a gun at him, so he went into his bedroom and returned with a .45-caliber handgun, which he blasted repeatedly at his son, who is now 23 years old.

After about 1 1/2 hours of deliberating, jurors acquitted the father, finding he acted in self-defense and that the son started the conflict.

"You bring a gun, you act like that, you have to pay a price," defense attorney Martin Regan argued Monday during closing arguments. "If you want to kill him, you put a bullet through his head or his heart."

The four-day trial at Orleans Parish Criminal District Court included much testimony about the broken relationship between the son and father, complete with allegations that James Frazier was more deadbeat than dad and that he abandoned his children when they were toddlers.

Regan went after the son, depicting him as a liar who wanted his father in prison for leaving him paralyzed. The jury heard that Eric Frazier had spent time locked up in a juvenile facility as a teenager, having made threats to his mother and sister. Regan referred to Eric as "junior" and said he had "mental problems," while repeating that his own client had no previous criminal record.

"This man loves his family," Regan told the jury. "He thinks the world of them."
(More)

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3/27/07
 
Rogers, Arkansas

From Northwest Arkansas’ NWAonline.com of March 27, 2007
Man Shoots Intruder

A confrontation between a man in his home and an intruder ended badly Monday night -- for the intruder.

Joshua Nicholson, 26, 425 Sheppard Road in Avoca, was asleep when someone broke into his home through the back door, according to a Benton County Sheriff's Office news release.

Upon hearing a disturbance, Nicholson grabbed his gun, a .380-caliber pistol, and walked down the hallway. Nicholson saw a man entering the residence and fired one shot, believing he hit the man, according to police.

Also in the home at the time were Marty Martin, 31, Nicholson's roommate; Sarah Enkler, 25, and her two children. Enkler and her two children were staying at the residence to escape an abusive relationship with her husband, according to police.

Richard Deshields, 37, Enkler's husband, checked himself into a hospital in Joplin, Mo., suffering from a gunshot wound. Joplin Police Department officials contacted the Benton County Sheriff's Office.

Officials with the Sheriff's Office have requested the Joplin Police Department arrest Deshields in connection with a felony charge of residential burglary and a misdemeanor charge of first-degree criminal mischief. Deshields will be transported to Benton County as soon as his condition allows, the release states.

There are currently no charges pending for Nicholson.

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Dallas, Texas

From Dallas’ NBC5i.com of March 27, 2007
Police: Business Owner Shoots Burglar In Head

Alleged Burglar Listed In Critical Condition

Police say an east Dallas auto-body garage owner shot back at a burglar, hitting him in the head Tuesday morning.

Following up on an alarm call, the owner pulled into the driveway of his business at about 6:30 a.m. at Hunnicut Road and Lawnview Avenue still wearing his pajamas. The owner got out of his vehicle and saw two men breaking into his business, Underground Bodyworks.

One of the men pulled out a gun and started shooting, and the owner pulled out his gun and returned fire, officials said. One of the alleged robbers was shot in the head and was transported to Baylor Medical Center in Dallas where he is listed in critical condition.

The business owner was able to hold the second man at bay until police arrived.

Witnesses to the shooting said several shots were fired and that the business owner did the right thing by returning fire.

"I heard the first shot and I think the burglar shot at him first and he started shooting back. I heard 6 or 8 shots," said witness L.C. Adams. "He was shook up a little bit. He was quiet -- he wasn't saying too much to anybody. He was probably in shock, you know, but, he did the right thing."

Investigators are talking to a number of witnesses to the shooting, including the business owner.

Officials have not said if the business owner will face any charges.

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San Antonio, Texas

From MySanAntonio.com of March 27, 2007
Gunshot victim may be tied to attempted S. Side robbery

Police are trying to determine if a man rushed to a local hospital with a gunshot wound was injured while attempting to robbery (sic) a South Side store.

An armed man walked into the E Z Discount Tobacco Center in the 3000 block of E. Southcross Boulevard Monday night demanding money.

The store clerk grabbed a gun and fired at the suspect. The robber fled the scene empty handed.

A short time later, police received a call for a shooting victim near the store.

Investigators are reviewing the store's surveillance tape for possible clues, as well as determining if the man shot was the same guy that ran from the store.
From San Antonio’s WOAI.com of March 27, 2007
Fighting Back: Thief Gets A Stomach Full of Lead

Police say a would-be robber picked the wrong store clerk to threaten.

According to officers, the suspected robber tried to hold up a cigarette store on the 3300 block of East Southcross at gunpoint Monday night.

The crime didn't go as he expected. The clerk had a gun of his own and shot the man in the stomach.

Police say the suspect ran to a nearby house for help. His friends decided his wounds were too severe and called EMS.

The suspect is now in critical condition at Brooke Army Medical Center. He will be charged with aggravated robbery.

Police say no charges will be filed against the store clerk.

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Tulsa, Oklahoma

From Tulsa’s KOTV.com of March 27, 2007
Gunshot Scares Away Burglary Suspect

A burglary victim chases off a suspect with his gun overnight in Tulsa. It happened around 12:45 a.m. Tuesday in the 2300 North Boston.

Tulsa Police say a man heard someone messing with his car outside his home. He grabbed his gun and fired a couple of warning shots into the ground. Police say the suspect ran off and tried to break into a home a couple of blocks away.

Tulsa Police officers searched the area for some time but never found the suspect.

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Jacksonville, Florida

From Jacksonville.com of March 27, 2007
Judge pulls pistol in court

A scuffle below his bench was out of sight, so he grabbed his gun as a precaution.

A Jacksonville judge pulled a handgun in his courtroom after a spectator attacked a defendant.

The fracas occurred Friday after a crime victim's father hurdled a railing and punched the handcuffed defendant.

Circuit Judge John Merrett then handed his gun to a clerk for safekeeping when he realized bailiffs had subdued the attacker. He met with the man in his chambers and later ordered him released without bail even though he was charged with a felony and two misdemeanors.

Merrett said Monday he would do the same thing again if a similar situation arose in his courtroom. He said he never put his finger on the trigger or pointed the gun at anyone.

But Duval County Public Defender Bill White said the incident was scary enough for lawyers in the courtroom that he plans to talk to the chief judge about disarming the judges.

Most judges in Duval County have concealed weapons permits and have gone through firearms training even if they don't carry a gun. Merrett, a former assistant state attorney, said he has had extensive firearms training.

State Attorney Harry Shorstein said the judge committed no crime.

Merrett, who took office in January after his election in November, was presiding over a court hearing involving Derrick Kendall McNiel, 21, charged with molesting a child. The judge said the victim's father, seeing the defendant for the first time, leapt over the railing and charged McNiel, who was cuffed and shackled.

A police report said he landed several punches and threatened to kill McNiel. It took five bailiffs to restore order. The Times-Union isn't identifying the man because doing so might identify his child.

Merrett said because of the way his courtroom is configured, he couldn't see the scuffle below his bench, so he drew his gun as a precaution.

"I didn't know if he was going after me or the bailiffs or the defendant," the judge said.

Merrett said he held the gun at his side while he peered over the bench. Once he saw that the man was subdued, he said he handed the gun to his courtroom clerk and asked her to lock it in a drawer. He said he did that because the only way for him to get out of the courtroom was to walk past the man and the officers.

"I was stuck," the judge said.

He praised bailiffs, who are armed, for reacting quickly to protect the courtroom.

Merrett said he had the victim's father, who had not been arrested, brought to his chambers where he calmed him down and told him to leave the courthouse if he couldn't control his emotions. Later, when police charged the man with felony aggravated assault and misdemeanor battery, Merrett had him brought back to court so he could release him on his own recognizance.

Merrett said while he doesn't condone the attack, he can't blame the man for doing what he did.

White said the incident easily could have escalated into a dangerous situation, and Merrett's gun added to the potential danger.

"It's very disconcerting for a lawyer to be in the line of fire," he said.

White also questioned the judge's decision to talk to the father and release him because he witnessed the attack and could be called to testify.

He said he plans to talk to Chief Circuit Judge Donald Moran about preventing judges from carrying guns in the courtroom or at least declaring that they are armed.

Moran said he would take such a request under consideration but said part of the problem is the design of Merrett's courtroom.

The tiny courtroom was designed for civil cases and hasn't generally been used for criminal proceedings until this year when caseloads required adding a felony judge.

The chief judge said he encourages all the judges to receive firearms training and obtain concealed weapons permits.

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Columbus, Ohio

From Columbus’ NBC4i.com of March 27, 2007
Resident, Suspect Open Fire During Apparent Home Invasion

Two men are in the hospital Tuesday morning after a shooting at an east side apartment.

According to police, three men tried to kick-in a door at an apartment on Little Bend Circle, NBC 4's Mike Bowersock reported.

One man inside the home apparently had a gun and opened fire at the robbery suspects, striking one of them. Then, police said, one of the robbery suspects fired back, hitting one of the residents.

Although the investigation is ongoing, detectives weren't ruling out the possibility that the two groups of men knew each other.

"Don't know for sure at this point – I'd say they probably do know each other," said Columbus police Det. Art Hughes. "Everything's still under investigation. We have other detectives down at the station questioning everybody."

According to Hughes, the resident who was shot was in critical condition, and the suspect who was wounded is in stable condition. He said both men would be interviewed when their conditions improve.

Police said the other robbery suspects were apprehended at a nearby Meijer store following the shooting.

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Scappoose, Oregon

From Portland’s KATU.com of March 22, 2007
Neighbor claims he fatally shot dog in self defense

Police don't believe charges will be brought against a Scappoose man who fatally shot his neighbor's Rottweiler.

The 4-year-old dog, named Dozer, died at DoveLewis Animal Hospital in Portland following the Wednesday night shooting.

The neighbor, Harold Peck, is claiming he shot the dog in self defense.

He told investigators that he and his 3-year-old son were trapped in their car as Dozer snarled outside. After they made it inside the home, Peck grabbed a gun before he went out to his mailbox. He shot Dozer on a driveway he shares with the family of the dog's owner.

Peck told investigators the dog charged him from about 70 yards away. When it got to about 10 feet away and still didn't stop, Peck shot the dog, according to Roger Kadell of Columbia County Animal Control.

Kadell said the dog's owner, Don Reed, had been warned last year to control his Rottweiler.

Following the shooting, Reed claimed the shooting was unjustified.

According to Reed, Dozer was barking at a neighbor and the neighbor pulled out a pistol and shot the dog. "I just saw blood running down his chest and I said 'you shot my dog, didn't you?" Reed said. "I can't believe it - just because he was barking at him."

It will be up to the district attorney to decide whether to press criminal charges. But the animal control officer said that in similar cases the use of force has been upheld.

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3/26/07
 
Taunton, Massachusetts

From the March 26, 2007 South Coast Today:
TAUNTON - A jury found Charles D. Chieppa, 57, not guilty of second-degree murder for the killing of a suspected burglar in 2004.

Jurors needed just over 3½ hours to return the verdict in a case where all parties say intent was the most crucial issue.

Mr. Chieppa remained impassive as the verdict was read. His family members, who filled up one side of the gallery, hugged each other and pulled out cell phones to share the news after court was dismissed.

The family of the slain burglar, Frank Pereira Jr. reacted in a manner just as emotional. His father, sisters and long-time companion wept at the verdict. As they exited the courtroom, sister Missy Cimbron yelled “you (expletive deleted) murderer” in Mr. Chieppa’s direction. Once outside the courtroom they pleaded with a victim witness advocate for any further legal recourse.

Defense Attorney Kevin Reddington packed up a box of evidence with Mr. Chieppa as the courtroom emptied out. Picking up the weapon Mr. Chieppa shot Mr. Pereira with, a semi-automatic Walther P38 handgun, he said “I’ll hang on to this for now.”

Earlier today witnesses in the case have said Mr. Chieppa awoke at about 4 a.m. June 17, 2004, to the sounds of an intruder in his 134 Ashley Blvd. home. After waking a tenant who rented a second-floor apartment, Mr. Chieppa went to his backyard with a semi-automatic handgun, according to testimony. There, he encountered Mr. Pereira, 24, who had apparently broken into Mr. Chieppa’s basement, according to testimony in the case.

Mr. Pereira was seen fleeing from Mr. Chieppa’s yard before collapsing in the street with a fatal bullet wound, witnesses said.

The intent behind that shooting took center stage in court today, with the prosecution saying it was anger, the defense saying it was fear, and Judge E. Susan Garsh telling jurors that whatever they decided about Mr. Chieppa’s motive would determine whether he faced murder or a lesser charge.

In his closing argument, prosecutor Bill McCauley said the circumstances behind the shooting show Mr. Chieppa’s intent. He pointed out that the defendant fired four rounds, and that the state Medical Examiner’s Officer determined that Mr. Pereira was shot in the back. Of the two shots that hit him, the fatal one entered through his back and exited his chest.

“This was anger, this wasn’t fear. He reacted that night in anger, it wasn’t fearful,” he said.

The prosecutor accused Mr. Chieppa of choosing to “take the law into his own hands,” saying he “decided if there was going to be a problem in his property, he would take care of it.”

Additionally, Mr. Chieppa’s tenant heard him yelling, swearing and asking if Mr. Pereira was trying to break into his house, Mr. McCauley said. However, that witness gave several accounts of the shooting in court last week, prompting Judge Garsh to later say his testimony was damaged.

As he has throughout the trial, defense attorney Kevin J. Reddington told the jury today that his client, a decorated Vietnam veteran, believed he was in mortal danger and that he was protecting himself when he fired on Mr. Pereira.

“When you consider his state of mind, when you consider the circumstances, this was a justifiable homicide by a citizen protecting himself,” he said.

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Benton Harbor, Michigan

From the South Bend (IN) Tribune of March 26, 2007
Benton Harbor teenager dead after apparent home break-in

A Benton Harbor teenager is dead after a shooting Monday morning. It happened just before 10 a.m. at 227 Hastings Ave., about a block from Benton Harbor High School.

Police are investigating the case as a possible home break-in and are holding the homeowner at the Berrien County Jail for questioning.

Officers say they were initially called there by neighbors who heard several shots being fired. After investigating they found the body of an 18- or 19-year-old boy, shot at least once in the chest near a back window of the home.

As of Monday evening, police were not releasing the victim’s name or the homeowner’s name. They believe the teen was not alone and may have been with two to three other people trying to break into the home, but at this point that is only a theory.


If it turns out the teenager was, in fact, breaking into the house, the homeowner would likely not face charges because it would be a case of self-defense.

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Idaho Falls, Idaho

From Idaho Falls’ Idaho8.com of March 25, 2007
Double Shooting In Idaho Falls

Idaho Falls Police are investigating a shooting that left two men injured last night.

Police say the fight started at the Royal Crown, a bar in downtown Idaho Falls.

Two men partnered up in an argument with another man.

The lone man went home to his apartment on north water in Idaho Falls.

Police say it was minutes after he got home, around one in the morning that the two other men showed up at his apartment.

Another fight broke between the three and the man who lives at the apartment fired two rounds from a 357 magnum. Officers say one man was shot in the stomach; the other was shot in the leg.

They drove themselves to EIRMC and the shooter immediately called 9-1-1...claiming he shot the two in self-defense.

Idaho Falls Police are still investigating who the suspects or victims are in this case. They haven't released any names. The last we heard, one man had been released from the hospital and the other was in fair condition.
From Idaho Falls’ Idaho8.com of April 3, 2007
Shooting Victims Arrested For Assault

Two people have been arrested and charged in connection with a double shooting that happened a week ago in Idaho Falls.

There is an interesting twist, the actual shooter was not charged. The two men who were shot are in jail.

Brian Swacina and Joseph Sollender were arrested. Each is charged with one count of burglary and one count of aggravated assault.

The shooter says he shot Swacina and Sollender in self defense.

According to the police report, Swacina and Sollender followed the shooter home after a confrontation at a downtown Idaho Falls bar.

If convicted, the two face a possible sentence of 15 years behind bars.

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Hurricane, Utah

From the Salt Lake City Tribune of March 26, 2007
Millard, Washington residents fire back, leaving one attacker dead

Homeowners in Millard and Washington counties repelled invaders with firearms this weekend, leaving one attacker dead.

Police say the man who was killed had reportedly forced his way into a Hurricane home to beat the occupant with a metal pipe.


A similar encounter turned deadly in Washington County, where police say two men - who investigators believe meant to harm someone - forced their way into a Hurricane home on Saturday about 6:45 p.m. and assaulted the occupant with a pipe.

The victim was badly beaten before he grabbed a handgun and fatally shot one of the attackers, said Hurricane Police Sgt. Brandon Buell.

The other man fled and remains at large.

Police did not release the names of the people involved in the Hurricane assault.

The investigation is not complete, but Buell said the shooting appears to be self-defense. He declined to say whether the residents in Millard and Washington counties acted appropriately, only that people have the "right to protect themselves from injury or death."
See previous post for the first incident.

From the Salt Lake City Tribune of April 15, 2007
Charges filed against mayor's nephew in shooting

The man shot an alleged intruder, but is charged with illegal possession of a firearm and drugs

Charges have been filed against three people, including the mayor's nephew, in connection with a shooting here that left an alleged intruder dead three weeks ago.

Deputy County Attorney Ryan Shaum said convicted felon Danny Dutton, who is accused in the shooting, was charged Friday with possession of a weapon by a restricted person, a second-degree felony, and two counts of possession of a controlled substance.

Dutton is the nephew of Hurricane Mayor Tom Hirschi.

Court papers say Dutton shot and killed Aaron Barbosa during a March break-in at Dutton's apartment. Barbosa hit Dutton on the arm with a steel pipe when Dutton opened the apartment door, police say.


The press releases also stated that the alleged shooter acted in self-defense, even though the investigative report had not yet been handed over to the Washington County Attorney's Office.
From the Salt Lake Tribune of September 4, 2007
Catch-22: Man who killed intruder acted justifiably but will stand trial for illegally possessing the gun

Authorities have determined Danny Dutton acted in self-defense when he shot and killed a violent intruder at his Hurricane apartment earlier this year.

But in a case of legal Catch-22, Dutton has been ordered to stand trial for possessing the gun he used to kill Aaron Rondan Barbosa during a March 24 break-in.

Because of a 2004 felony conviction for cultivating marijuana, Dutton - a nephew of Hurricane Mayor Tom Hirschi - is prohibited from possessing firearms.

Following a June preliminary hearing, defense attorney Gary Pendleton filed a motion to dismiss the charge, citing case law recognizing that even a convicted felon may be entitled to use a gun in a life-or-death situation.

Deputy Washington County Attorney Eric Gentry countered that the motion was premature and that prosecutors are not required at this stage to negate Dutton's claim of self-defense.

Gentry also noted that during the preliminary hearing, the state had produced evidence that Dutton possessed the gun before, during and after the shooting, and was sufficiently aware of its location that he was able to immediately retrieve it.

Judge G. Rand Beacham last week agreed with prosecutors that the defense motion was premature, but he said the issue may be raised again prior to trial.

A scheduling hearing for Dutton is set for Sept. 13. If convicted of the second-degree felony weapons charge, he faces up to 15 years in prison.

Dutton is also charged with three class B misdemeanor counts of illegal possession of a controlled substance in connection with prescription medication allegedly found by police at his apartment following the shooting.

The shooting episode began when Barbosa and another man knocked on the door of the apartment Dutton, 22, shares with a male roommate.

When Dutton answered the door, Barbosa entered and began beating Dutton with a metal pipe, breaking Dutton's arm, according to court documents.

Dutton shouted at the intruders that they had "the wrong man," but Barbosa continued beating Dutton, who retreated to the kitchen, grabbed a .357-caliber handgun and shot Barbosa.

The other man, Juan Gonzalez, fled in a vehicle driven by Lucinda Ann Corral, but later confirmed Dutton's version of events.

Gonzalez also told police that Corral and Barbosa were "discussing payment after the job was done," as they were driving to Dutton's residence, according to court documents.

Corral, 30, has pleaded guilty to second-degree felony aggravated assault and faces up to 15 years in prison when she is sentenced Sept. 24 by Judge Beacham.

Gonzalez has not been charged, according to court records.

Also being prosecuted in connection with the shooting is Dutton's roommate, Shane Leland Norris, 27, and Bow-Dee Woodgeard, 20.

Norris is charged with third-degree felony drug possession, and class B misdemeanor counts of drug possession and possession of drug paraphernalia.

Woodgeard, 20, who has a prior felony conviction for manufacture of a controlled substance, is charged with second-degree felony possession of a dangerous weapon by a restricted person.

Meanwhile, Dutton has been charged in federal court with being a felon in possession of a handgun and ammunition on May 7 in Washington County, a crime punishable by up to 10 years in prison.

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Sugarville, Utah

From the Salt Lake City Tribune of March 26, 2007
Millard, Washington residents fire back, leaving one attacker dead

Homeowners in Millard and Washington counties repelled invaders with firearms this weekend, leaving one attacker dead.

.
The first attack happened before sunrise in Sugarville, a tiny town in northern Millard County. When a man slinked into the victim's home on Friday about 5 a.m., his entry awakened a woman inside.

The role of victim and attacker then flip-flopped when the woman retrieved a shotgun and chased the man out of the house. As he fled with two others, she reportedly shot at them from a distance. Sheriff Robert Dekker said no one was hurt.

Deputies scoured nearby structures and a field with search dogs Saturday, but didn't find the three men. Investigators say the men were last seen in a dark-colored pickup.


The investigation is not complete, but Buell said the shooting appears to be self-defense. He declined to say whether the residents in Millard and Washington counties acted appropriately, only that people have the "right to protect themselves from injury or death."
See subsequent post for second incident.

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3/25/07
 
Bexar County, Texas

From San Antonio’s WOAI.com of March 25, 2007
Man Shot in Home Break-In

A man caught breaking into an east side home was shot in the back by someone who lived there early Saturday, Bexar County Sheriff’s deputies told News 4 WOAI.

The homeowner caught the burglar close to 6 a.m. Saturday inside his home on Little Port Drive, authorities said. The two men began to fight.

The homeowner’s roommate woke up and fired a gun at the intruder, officials said. The man was hit in the back with pellets, deputies said.

The homeowner and roommate are not expected to face any charges, deputies said.

“It was in self-defense,” Sgt. Chris Burchell with Bexar County Sheriff’s Office said of the shooting. “They also were protecting each other.”

The intruder was recovering at Brooke Army Medical Center Saturday night. No word on his condition.

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3/24/07
 
St. George, Utah

From the St. George Spectrum of March 24, 2007
Police search for wounded burglar

A statewide alert has been broadcast urging police to be on the lookout for a truck with two men in it.

According to the broadcast, the two men allegedly attempted to burglarize a home near Delta.

\The homeowner awoke to their sound and chased them from the residence with a shotgun.

Police reports indicate the homeowner fired two blasts from the shotgun with one shot possibly hitting one of the men in the back and the other striking a truck the men were riding in.

The vehicle is described only as a dark truck.

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Hickory Hill, Tennessee

From Memphis’ MyEyewitnessNews.com of March 23, 2007
Man Shot During Armed Robbery

A good Samaritan is in the hospital after getting shot by a robber. The Hickory Hill business owner was trying to defend a couple during a robbery and that’s when the robber shot him.

It happened just before 4:00 p.m. on Friday, March 23, 2007 outside the Villsenor Taqueria at Ridgeway and Winchester.

The business owner saw two men trying to rob a Hispanic couple walking out of the Immigration Services building next door. He came outside with his gun and then he got shot.

Police say a family member took the shooting victim to a hospital. The police say the two armed robbers got away in a black Ford Expedition. Police say robberies like this have happened before at this location because Hispanics without bank accounts go to that INS office to cash paychecks and are targeted by robbers in the parking lot.

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Clark County, Kentucky

From Lexington’s Lex18.com of March 23, 2007
Pair Sought In Home Invasion Attempt

Police are searching for a man and woman who broke into a Clark County home Friday morning but were chased away when the homeowner fired a gun at the ceiling.

The incident happened at about 9:30 at a home on Athens-Boonesboro Road. Police say the suspects kicked in a back basement door, went upstairs, then attempted to kick open another door.

However, the homeowner, Frank Gibson, was behind the door, and fired a warning shot into the ceiling. The suspects fled the home, then fled the scene in a green Jeep Cherokee.

The suspects did not get away with any cash or property.

Gibson was not hurt in the incident.

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Chippewa County, Wisconsin

From Eau Claire‘s WQOW.com of March 23, 2007
Business Owner Prevents Bar Break-In

Burglars target a local bar after-hours, but they don't get far. The owner fired a shot and ran them off.

It happened early Thursday morning at Reilly's Crescent Tavern. That's north of Cadott in Chippewa County. Investigators say they believe no one was hit by the round because they found a bullet that matches the bar owner's gun.

The sheriff's office says it's the second time tavern owners have confronted a burglar in the last month. Someone broke into a bar in Eagleton last week.

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Aurora, Colorado

From the March 24, 2007 Denver Rocky Mountain News:
A carjacking victim may have turned the tables late Friday when he shot the suspect in the head as the man drove down the street.

Denver detectives and Aurora police were trying to sort out a violent sequence of events they said involved a carjacking, a possible kidnapping and a traffic collision in which the carjacking suspect slammed into another vehicle carrying five people. The ordeal began about 9 p.m. in the 9800 block of East Girard Avenue in Denver, Detective Virginia Quinones said.

She was only able to provide sketchy details but said the vehicle was carjacked with the owner inside. "The vehicle owner somehow has access to a gun and shot the person in the head," she said. The car owner then managed to get out of his vehicle while the wounded man continued driving. As he drove on South Havana Street, the man crashed into another car at East Kentucky Avenue. Five people riding in that vehicle suffered minor injuries. After the collision, the suspect fled on foot and was captured after a police dog found him in the back of a Budget Rental Car business in the 600 block of South Havana Street.

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3/23/07
 
Fresno, California

From March 23, 2007 KFSN channel 30:
03/23/2007 - A man is recovering from gunshots after police say he broke into a home in Central Fresno.

The homeowner had set up a surveillance camera after a previous burglary just days ago, both at his home and at a detached studio apartment.

Thursday night, he fired at least two shots at a man trying to break in to the studio.

The wounded man was taken to University Medical Center in Fresno. His injuries are serious, but he's expected to survive.

Police are looking into whether the shooting was justified.

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Miami, Florida

From Miami's The Miami Herald of March 23, 2007
Man having coffee on porch shoots intruder

A man having his morning cup of coffee on the back porch pulled a handgun and shot an intruder Friday, Miami police said.

The incident happened at 8:48 a.m. in the 1100 block of Northwest 37th Street. John James was relaxing when, he told police, a man broke into the fenced yard and threatened to assault him and break into the home.

James grabbed the .22 Magnum and opened fire, striking the intruder multiple times.

''I guess he was trying to get what he wanted to get,'' said the shooter's brother, John Lee James. ``And he got more than that. He got a bullet in the ass.''

The intruder, described as heavyset by neighbors, was taken to the hospital. His condition was not immediately known.

Police were talking to the shooter about what happened. His brother John Lee, with whom he lives, rushed home from work when he learned of the incident.

''I'm just happy my brother is safe and nothing more serious happened,'' John Lee James said.

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Hamilton, Ohio

From Hamilton's WCPO of March 23, 2007

Hamilton Man Kills Intruder

Police say a Hamilton man shot and killed an intruder early Friday morning.

It happened in the 900 block of Bishop Avenue around 1:30 a.m.

Police say when they got to the scene, the resident said someone he had just shot someone who broke into his home.

Officers found the alleged intruder dead on the floor.

The next step is for prosecutors to announce if the resident, whose name has not been released, will be charged.

Earlier this week, a Covington man was not charged after he shot and killed a man who broke into his home along Delmar Place.

From The Oxford Press of March 24, 2007

Man shoots, kills burglar during home invasion

A Hamilton man was shot five times early Friday morning after striking a resident with a sledgehammer during a home invasion in Lindenwald, according to Hamilton police.

Officers responded to a home on the 900 block of Bishop Avenue just after 1:30 a.m. Friday to the report of a shooting. On arrival, Jamie R. Buck, 33, told them a man demanding money and jewelry broke through his kitchen door with a sledgehammer, according to a Hamilton police report that chronicles an aggravated burglary, but does not mention the shooting.

Buck said he shot the man, later identified as Millard Brandenburg, in self defense.

"He's laying dead in my kitchen," Buck said on the 911 tape. "He tried to kill me."

Buck returned home just after 9 a.m. Friday from The Fort Hamilton Hospital with a bandage wrapped around his head.

"Everything's OK," he told reporters. "I'm fine."

Results of an autopsy performed Friday at the Butler County morgue indicate Brandenburg was shot once in the head, three times in the torso and once in the flank, said county Coroner Dr. Richard Burkhardt, who added that "(Brandenburg) was intoxicated."

An exterior door at Buck's residence was broken, Burkhardt said, and the resident was not only hit with a sledgehammer, but also with a framed picture off his wall.

"He (Brandenburg) grabbed a picture and hit him (Buck) in the head," the coroner said.

Lee North, a friend of the resident seen leaving the home Friday morning, said the intruder hit Buck in the head with the hammer and that Buck retreated back to his bedroom to get his gun.

North, who had been inside talking with the resident's relatives, said there was a trail of blood between the kitchen and the bedroom.

Buck also called for police early Monday morning during an incident at Bob's Cafe on Hooven Avenue. According to a police report, Buck said he attempted to stop an unidentified man from beating a woman and when he called for police he was attacked, forced to the ground and stomped. Buck suffered an injured eye, jaw, mouth and head, according to the report. Hamilton police did not know whether the bar fight was connected to the break-in at Buck's home.

Brandenburg has a lengthy criminal record that includes arrests for ethnic intimidation, aggravated menacing, drug abuse, forgery, fleeing and eluding and assault. Butler County Prosecutor Robin Piper said Brandenburg recently had been released from prison.

Piper said he was consulted about the case just hours after the shooting occurred. Detectives and prosecutors are still looking at the physical evidence, but Piper said he hasn't seen any evidence inconsistent with Buck's self-defense version of the incident.

"In a case like this, it is not unlikely that a grand jury would review it," Piper said. "But I don't see anything right now that doesn't point to self defense."

Click to listen to 911 call

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3/22/07
 
North Platte, Nebraska

From the North Platte Telegraph of March 21, 2007
NP woman shoots intruder

A 37-year-old North Platte man was shot several times and killed early Wednesday morning after he reportedly forced his way into a mobile home at 2801 West 19th.

According to Lt. Rick Ryan of the North Platte Police Department, a call came in at 2:30 a.m. on Wednesday from the 2800 block of West 20th, reporting shots being fired in the area.

Ryan said Tiffany Howell, 19, told officers that she had shot an intruder but didn’t know if he was alive. After shooting the man, she reportedly fled through the back door and went to a neighbor’s house.

Police found the man lying inside the front door of the home and identified him as David Allen, 37, of North Platte. Ryan said paramedics were called to the scene, and they determined Allen had died at the scene.

A search warrant was issued, and police located a semi-automatic rifle and several spent cartridges in the home. The man’s body has been transported to Scottsbluff for an autopsy.

Ryan said they will not know exactly how many times Allen was shot until the autopsy is completed. He said the incident is being investigated at this point as a homicide.

“We investigate all deaths like this as a homicide,” Ryan said.

Howell was home alone at the time of the incident, according to Ryan. He said the home belongs to Howell’s boyfriend, the person Allen was looking for when he tried to enter the house.

“They were acquaintances,” Ryan said.

Ryan said Howell talked to Allen through the front door. She told Allen that her boyfriend was not home and asked him leave. Allen eventually convinced Howell to open the front door.

Howell opened the door slightly to talk to Allen, according to Ryan, but she still didn’t let him into the house. When she tried to shut the door, Allen allegedly put up his hands and pushed the door open, entering the residence.

Howell was holding a Ruger Mini-14 .223 semi-automatic rifle when Allen entered the house. Ryan said Allen became rude to Howell and refused to leave, so Howell aimed the weapon at him and told him to get out of the house.

“He refused to leave the house and he went after her, at which time she fired several shots,” Ryan said.
From the North Platte Bulletin of March 31, 2007
Shooting investigation leads to burglary charges

The investigation into the shooting death of 37-year-old David Allen of North Platte unexpectedly led police to solve a string of recent burglaries.

Allen was allegedly shot to death by Tiffany Howell, 19, at 2801 West Ninth Street in North Platte March 21. The police said Allen entered the trailer house of Howell’s boyfriend and that Howell shot him several times with a Ruger Mini-14 .223-caliber rifle.

Howell ran to a neighbor’s house, dropping the rifle in the back yard.

While investigating the shooting, police discovered at least 24 items that they suspected had been stolen from various businesses recently.

The police, who had been investigating the burglaries, realized that the merchandise stored at the crime scene might be stolen loot from the burglaries.

The owner of the trailer, who rented the trailer to Howell's boyfriend, told the police that Mitchell T. Pappas had asked him if he could store the merchandise there.

The investigation revealed that the merchandise was allegedly stolen from area businesses.

The police investigated and learned that Pappas had allegedly been bragging about doing the break-ins.

Pappas was charged with burglarizing Kohler Trailer Sales, 3821 Rodeo Road on November 10; Troyer Enterprises, 702 N. Bailey on November 20 and Racing Components at 302 West Eugene on December 14, 2006.

Pappas could face a maximum 60-years imprisonment if convicted of all three crimes. He is being held in the Lincoln County Jail on a $50,000 bond and his next court hearing was April 5.

Lt. Rick Ryan said the investigation into the March 21 shooting was still underway and that they still awaited the autopsy results.

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3/21/07
 
Taladega, Alabama

From the Taladega Daily Home of March 21, 2007
Drive-by shooting suspects shot

An apparently botched drive-by shooting on Old Shocco Road Wednesday morning led to two Talladega residents suffering shotgun wounds before being arrested by Talladega police.

Demetrius Lamar Gooden, 23, 97 Cleve Lane, and Antoine Jamel Freeman, 18, 1822 Old Shocco Road, were each charged with one count of shooting into an occupied building. Gooden was also charged with unlawful possession of a controlled substance (crack cocaine) and Freeman was charged with unlawful possession of marijuana in the second degree.

Gooden’s bond was set at $1,500 by Circuit Judge Chad Woodruff. Freeman’s bond was set at $10,500.

According to Police Chief Alan Watson, at about 9:40 a.m. Wednesday, three suspects fired several shots with an automatic handgun into the residence of Dexter Lamar Swain, 27, at 1480 Old Shocco Road, Apartment 7, from a car. Swain’s brother, Maurice Swain, 32, was also in the apartment at the time.

Although neither of the Swain brothers was hit, bullets did damage two walls in the apartment, the front door, a home entertainment center and a 19-inch television set.

One of the Swain brothers returned fire with a 12-gauge shotgun, hitting Gooden in the right leg and Freeman in the right hand. The third suspect was not hit.

The suspects then went to Kelly Park, Watson said.

According to Detective John McCoy, who testified at the initial appearance, the Swains called police and gave them a description and possible destination for the vehicle the suspects fled in.

McCoy found Gooden, Freeman, a male subject and a female subject getting out of the car with shotgun damage and into another vehicle, probably to go to the hospital. Gooden’s drug charge stems from crack cocaine found in a pack of cigarettes at that time. Freeman’s marijuana charge stemmed from a small baggie in plain sight in the back seat of the car, between his feet.

Two pistols were also recovered in the yard of the residence where the suspects were changing cars.

Gooden and Freeman were taken to the emergency room at Citizens Baptist Medical Center, where the former eventually refused treatment and was arrested immediately.

Freeman’s hand wound was treated in the emergency room, and he was placed under arrest as soon as he was discharged, Watson said.

Bond was set at $10,000 each for the shooting into an occupied dwelling charge, $5,000 for Gooden’s drug charge and $500 for Freeman’s marijuana charge. Should they make bond and get out of jail, they will be subject to random drug testing and are barred from carrying firearms of any kind.

Watson said the third suspect is known, and added the Swains had not been charged with anything. The investigation remained ongoing Wednesday afternoon.

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Aurora, Illinois

From the March 21, 2007 Chicago Tribune:
Police in west suburban Aurora are investigating a home invasion this morning in which a homeowner shot at and possibly wounded an intruder, who then fled the scene.

The incident began before 9 a.m. when a young man in a dark hooded sweat shirt forced his way into a two-story single-family home on the 900 block of Zenner Avenue on the city's northeast side.

The 53-year-old unidentified homeowner, who had been awakened earlier by the repeated ringing of his doorbell, answered the door and saw the suspect walking away, police said. The suspect then allegedly walked back to the house and began kicking the front door.

The homeowner went to his bedroom, called 911 and retrieved a small-caliber handgun, police said. The resident heard the suspect enter the home, and he confronted him in the hall outside the bedroom.

The homeowner fired two shots at the man from about 10 feet away, possibly hitting the intruder, who fled the house, police said.
From the SuburbanChicagoNews.com of April 26, 2007
Radio report, overheard conversation lead to burglary charges

A 20-year-old Aurora man has been charged with burglary after an alert citizen put together a conversation he overheard in a hospital emergency room with a news story he heard on the radio.

Police say suspect Daniel Cerda of the 900 block of Rural Street was shot after breaking into a home on the East Side of Aurora on March 21.

According to police, the homeowner had grabbed a gun and called 911 when he heard Cerda at his door. When Cerda confronted him in a hallway, the homeowner fired two shots. Cerda ran away, but after processing the crime scene, police believed the intruder had been shot.

The break in the case came later that afternoon when police received a call from a person who had been in an emergency room at a Chicago hospital and overheard a conversation between Chicago officers and a man who was being treated for gunshot wounds. The man at the hospital heard officers telling the shooting victim — who said he was from Aurora — that his story didn’t make sense. While the witness was driving home, he heard a news story on the radio about shots being fired in an Aurora home invasion. The man called Aurora police and they started an investigation with Chicago police and the hospital.

Cerda was finally located Tuesday, near Liberty Street and Valley Court in Aurora. He had been treated and released at a hospital in Chicago for non-life threatening wounds. Police say further charges are possible.

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Somerset, New Jersey

From the March 19, 2007 Home News Tribune:
A man who was the intended victim of an armed robbery head butted his assailant several times, wrestled a handgun away from him, and then had a drug store clerk call police, who took the suspect into custody.

Police said the intended victim in the Sunday afternoon incident ran into a Rite Aid drugstore to get help.

As the man was walking in the area of Lewis Street and Matilda Avenue around 3 p.m., Sante A. Patron, 37, of New Brunswick Avenue in Fords, approached him, brandishing a 9 mm pistol, said. Cpl. Philip Rizzo.

A struggle ensued, and the 28-year-old victim, a Somerset resident, wrestled the weapon away from Patron while head butting him, Rizzo said.

After the suspect fell to the ground, the victim ran into the Rite Aid drug store on the corner of Hamilton Street and Matilda Avenue, advised a clerk to call the police, and handed them the weapon when they arrived. About seven officers responded to the scene.

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3/20/07
 
Beaumont, Texas

From the Beaumont Examiner of March 20, 2007
Auto burglar caught in the act

A Beaumont homeowner held an attempted auto burglar at gunpoint after catching him in the act Tuesday.

The homeowner allegedly caught 26-year-old Beaumont resident Brian Williams trying to burglarize his truck on Kingsley. The homeowner held Williams at gunpoint while a neighbor contacted police. Police arrived and took over, arresting Williams at the scene.

His bond had been set at $500 for the auto burglary. Williams was also held for a parole violation.

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San Antonio, Texas

From San Antonio’s WOAI.com of March 20, 2007
Man Shoots Back at Burglar

A man woken up by a burglar managed to get a hold of a gun, and fire back at the would-be thief, News 4 WOAI learned Tuesday.

The burglar broke into the home on Banbridge on the southeast side.

Two bullets tore through the family's home during the break-in. One struck the doorway of the children’s bedroom.

The mother in the home told News 4 WOAI’s Jacqueline Ortiz what happened. The mother did not want to be identified. She told News 4 WOAI she fears the burglar will come back.

"The blinds were down, and he saw the blinds were moving,” the woman said of her husband.

The mother said her husband was sleeping and he awoke to noise outside. She said the burglar tore a screen on one of the windows, and entered the home.

“He heard the noise and saw the hand coming in," the woman said of her husband. The mother and her kids were away for Spring Break at the time of the break-in.

The intruder got halfway in the window, and the husband somehow got the gun out of his hand.

“He grabbed, kicked it and it fell,” the mother said. “He picked it up."

The woman’s husband then fired once at the man who took off running through the backyard, she said.

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Cook County, Illinois

From the Chicago Tribune of March 20, 2007
2 wounded in suburban home invasion

Cook County sheriff's police evidence technicians and investigators were on the scene today of a shooting and apparent home invasion near Richton Park in which one of the residents was shot in the foot.

The incident began shortly before 11 p.m. Monday when a masked gunman forced his way into the house in the 6500 block of Sauk Trail Road in unincorporated Rich Township and began shooting, said sheriff's spokeswoman Penny Mateck.

Inside the house were an infant and three adults, including a 22-year-old woman who sustained the gunshot wound in her foot, Mateck said.

One of the other adults in the house had a weapon and returned the gunman's fire, Mateck said. In the exchange, a bullet exited the house and grazed the driver of a vehicle that was passing by, she said.

Neither the driver nor the woman was seriously hurt, Mateck said. The woman, who had left the house sometime after the shooting occurred, either was taken or went on her own to St. James Hospital and Health Care Centers in Chicago Heights where she was reported in good condition, Mateck said. Whether the driver who was grazed by a bullet required treatment was not immediately known, Mateck said.

When sheriff's police arrived at the house they attempted to make contact with the occupants and or the masked gunman but received no response, Mateck said. Not knowing whether the gunman or any of the occupants were still inside the home, police called in the sheriff's SWAT team shortly after 1 a.m. today, she said. At 6 a.m., SWAT team members entered the house and determined it was empty, Mateck said.

Sheriff's police found the original occupants of the house at another location but as of this afternoon were still looking for the masked gunman and attempting to determine a motive for the home invasion, Mateck said.

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Bradley County, Tennessee

From Chattanooga’s WRCBtv.com of March 20, 2007
Update: Bradley Domestic Dispute

Bradley County Sheriff's officers investigated a violent domestic dispute.

The call came Monday night at 314 Peachtree Circle when two 9-1-1 calls were placed from the house shortly after 8 o'clock. The first caller said a man threatened a woman with a knife while the second reported a gunshot.

Deputies found 36 year old Danny J.Catlett with a gunshot wound to his shoulder while 44 year old Gayla Catlett has knife cuts to her clothing. Investigators say the couple was arguing and Danny Catlett threatened his wife with a knife. They say she got a handgun and shot him in the shoulder.

Paramedics airlifted Danny Catlett to Erlanger Medical Center with what appears to be non life-threatening injuries. So far no charges have been filed.

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Harris County. Texas

From the Houston Chronicle of March 20, 2007
Burglary suspect fatally shot in Harris County

A man reported to have burglarized an east Harris County steel fabrication firm was fatally shot while an accomplice who may have been injured escaped, the Harris County Sheriff's Department reported.

The report of the shooting came in at 3:53 a.m. and sheriff's homicide investigators still were investigating how the shooting occurred, a spokesman at the department's watch command office said at 5:20 a.m. Who did the shooting and other details of the case were not immediately available.

Kc Steel Fabricators, where the shooting took place, is located near Baytown at 5600 John Martin Road in east Harris County, the spokesman said.

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Covington, Kentucky

From the Cincinnati Enquirer of March 20, 2007
Homeowner fatally shoots intruder

Covington police are investigating an early morning shooting in which a homeowner shot and killed an intruder.

Jerry Setzer, 44, a 12-year resident of the home at 329 Delmar Street, shot the intruder about 3:30 a.m., police said.

Police have not yet named the intruder, a white male, pending notification of his family.

He was taken to St. Elizabeth Medical Center South, where he was pronounced dead from the wounds.

The Kenton Commonwealth Attorney's Office is assisting in the investigation.

The Kentucky General Assembly passed a bill last year that permits Kentuckians to use deadly force if they believe themselves to be threatened with death or serious bodily harm inside their homes. Gov. Ernie Fletcher signed the measure into law on April 21, 2006.
From the Cincinnati Enquirer of March 21, 2007
Charges unlikely in intruder case

A man who shot and killed a home intruder early Tuesday probably will not be charged with a crime, according to Kenton Commonwealth's Attorney Rob Sanders.

Jerry Setser, 44, fatally shot Edward T. Cwiakala after the man unlawfully entered Setser's home around 3:30 a.m., according to Covington police.

"While the investigation is ongoing, right now it does not appear that he will be charged in connection with the shooting," Sanders said. "Our preliminary indication is that it is a self-defense case.

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3/19/07
 
McHenry County, Illinois

From Arlington Heights’ Daily Herald of March 19, 2007
Charges dropped against McHenry County man who shot suspected burglar

Faced with the victim’s refusal to testify, McHenry County prosecutors today dismissed charges against a man accused of shooting a teenager he believed was breaking into his vehicle.

The decision to drop the case against Jerry P. Sweat, 42, came after the 18-year-old authorities say he shot indicated he would assert his Fifth Amendment rights against self-incrimination if called to testify about an incident for which he is charged with burglary.

Sweat, of Marengo, faced charges of aggravated battery with a firearm and reckless discharge of a firearm stemming from a Dec. 3 incident in which, authorities say, he awoke at about 4 a.m. to find two teens breaking into a vehicle parked in his driveway.

Instead of calling police, investigators said, Sweat retrieved a rifle, rushed out to his front porch and fired several shots at the burglary suspects, striking one three times.

Sweat declined comment Monday, but his lawyer said his client maintains he did nothing wrong by shooting at the teens.

“It would have been a waste of taxpayers’ money to bring this to trial because they cannot prove their case,” defense attorney Donald Franz said. “My client is not guilty.”

The teen shot in the incident, Patrick K. Gaughan, of Marengo, suffered bullet wounds to the hip, shoulder and hand. Gaughan, however, declined to testify against Sweat Monday because McHenry County prosecutors have charged him with burglary and obstructing justice in the same incident.

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Houston, Texas

From March 19, 2007 KHOU-TV:
The incident happened around 2:30 a.m. in the 11200 block of Champion Woods.

The man says he was sleeping when the alarm went off.

He got up to investigate and said he found someone trying to get out through a garage window.

The homeowner said he told the suspect to freeze, but instead the man turned and had something in his hand.

That's when the homeowner shot him.

The suspect later died at an area hospital.

Deputies say the suspect had a knife.

The case has been referred to a grand jury without charges.

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Orlando, Florida

From Orlando’s Local6.com of March 19, 2007
'Studz' Bartender Injured In Shootout With Robber

Police Search For Robber Suspect

A bartender in Orlando, Fla., was hospitalized after being involved in a shootout with a robbery suspect at the bar early Monday, according to police.

Orlando police said an armed man entered the back door of the Studz night club located on Mills as the business was closing Monday morning.

The bartender, who was not named, pulled out a gun and the pair exchanged gunfire, investigators said.

The bar worker was shot and transported to Orlando Regional Medical Center with non-life-threatening injuries.

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3/18/07
 
Modesto, California

From Sacramento’s News10.net of March 17, 2007
Man Killed in Modesto Gas Station Fight

A machete-wielding man was shot and killed after getting into a fight with a group of men and taking a hostage at a Modesto gas station early Saturday, Modesto police officials said.

Richard Perez, 43, was pronounced dead at the scene shortly after the 1 a.m. Saturday shooting at the Valero gas station, 325 Maze Boulevard, Modesto police spokesman Ivan Valencia said.

Witnesses said Perez got into an altercation with up to eight men who drove up to the gas station in two cars. Valencia said Perez took one of the men hostage, holding the machete to the man's throat. One of the man's friends pulled a handgun and allegedly pleaded with Perez to let the man go, Valencia said. After a pair of warning shots, witnesses said the gunman shot Perez several times, allowing the hostage to escape unhurt. Both carloads of men then fled the scene.

Investigators interviewed several witnesses to the confrontation and under the circumstances, the shooting may have been justified, Modesto police detective Dodge Hendee said. Valencia said detectives were looking for the men confronted by Perez, identified as seven or eight black males from 18 to 25 years old.

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Montgomery, Alabama

From the Montgomery Advertiser of March 18, 2007
Granny's got a gun

Frances Babington, 65, is a pistol-toting grandma, who says she is a "fighting person."

"I'm the type of person ... (that's) not going to let someone take something from me. I decided I wanted to get the better end of the fight," Babington said.

"When I started carrying the gun, I made it a priority to be instructed by the Montgomery Police Department about how and when to use my gun. To my surprise, the officers spent about 75 percent of the course time teaching how to avoid having to use a weapon but did not neglect the shooting aspects.

"Having said that, you would-be criminals take note! The next time you attempt to rob or break and enter into the home of an elderly, gray-haired lady, it might be me. If you enter my home I would consider my life to be in peril and would not hesitate to blow you out of your socks."

Babington said she and her husband Tom, 65, a retired pharmacist, took the gun-safety class together. Tom was robbed twice as he left work, and Babington had a close call of her own when she worked downtown at the old St. Margaret's Hospital.

Babington was headed to her car in the parking lot after work when she noticed a man walking near her. She said she noticed the man turn suddenly about 12 feet away and came up behind her.

"I reached in my purse grabbed the gun and showed it to him," Babington said. "I looked him directly in his eyes. He turned away. It worked. I didn't have to use it, but it worked. If he had attacked me, I would have felt comfortable using it."

The Babingtons have identical blue steel revolvers, and a gold police shield in their window they got from the Police Department that lets people know trained gunmen protect their property.

Frances Babington believes that anyone seeking to bear arms should do it the right way.

"I think that having a class ought to be part of getting a gun permit," she said. "You've got to know what you're doing with it if you're going to carry it."

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3/17/07
 
Des Moines, Iowa

From March 17, 2007 KCCI channel 8:
DES MOINES, Iowa -- Des Moines police said a woman shot and killed a woman who she said was trying to break into her apartment on Saturday morning.

Police said what's unusual about the case is that the intruder was a woman.

The victim was in her bedroom at 621 28th Street at about 3 a.m. when she told police she heard someone trying to break in. Police said she used a shotgun to shoot at the intruder.

When police arrived, they found a dead woman lying outside the apartment building. On Saturday morning, they were still trying to figure out the identity of the alleged intruder.

Police said this was a case of self-defense and the woman in the apartment will not be charged. Police also said the women had a prior relationship, but they would not elaborate.

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Shreveport, Louisiana

From March 15, 2007 KTBS channel 3:
Shreveport police have arrested a man suspected of shooting at a police officer who was trying to arrest him on suspicion of attempted robbery.

Clarence Taylor III, 32, of Shreveport was caught by a police K-9 hiding under a house in the 500 block of Lawrence Street, police said.

Police said Taylor hid under the house after firing at Officer Matthew Childs, who was trying to stop him for questioning in connection with a robbery attempt at a convenience store.

That attempted robbery occurred Thursday afternoon at a Citgo station on Louisiana Avenue. A man pointed a gun at a clerk, but fled when two other clerks in the store pulled their own guns.

...

Taylor, who suffered minor bite wounds from the police dog, was booked on charges of attempted first-degree murder, attempted robbery and being a convicted felon in possession of a firearm.

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Indian Trail, North Carolina

From March 15, 2007 WSOC channel 9:
INDIAN TRAIL, N.C. -- Police say a man who robbed a gas station in February while wearing boxer shorts over his head tried to rob the same store again Saturday night.

According to the Enquirer Journal, police said Michael Thompson put on boxer shorts again when he tried to hold up the BP on Idlewild Road in Indian Trail.

Officers said this time the store clerk ran after the man and shot out two of his car tires. Police were able to apprehend the suspect.

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Austin, Texas

From March 14, 2007 KVUE.COM:
A homeowner shot and killed an intruder Tuesday night who broke in while his family was home.

Deputies said there may have been more than one suspect.

It happened around 8 p.m. in the 6700 block of Dusty Dawn at Coral Stone.

Harris County deputies said there may have been more than one suspect who was trying to burglarize the home, but the others got away.

Apparently the homeowner and the suspect exchanged gunfire inside the home, where his wife and two small children were. The youngest child is 1 year old.

Deputies said the homeowner would not be charged, as the shooting was justified.

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Dudley, North Carolina

From the March 13, 2007 Goldsboro, North Carolina News-Argus:
Would-be victims take on robber

Outnumbered and outgunned.

That's how one would-be robber found himself when he barged into a family's home on Timothy Street in Dudley late Sunday and attempted to deprive them of out of their hard-earned dollars.

Instead of leaving the home a couple of dollars richer, the would-be robber found himself behind bars and in need of medical attention.

Wayne County sheriff's deputies responded to 111 Timothy St. after receiving a call. Deputies were told there had been a home invasion at the location and one of the suspects was in custody.

When they arrived they found one of the robbers identified as Andre Ahmond Lewis, 24, of Genoa Road, Dudley, being held down by one of the residents.

The victims, Santo Garcia Ramirez, 57, and Victor Alfonso Ramirez, 22, who lived in the home, and Rurin Pedis, 36, of Indian Springs Road, Mount Olive, told deputies two black males entered the home and robbed them out of $40, Wayne County Sheriff's Detective Sgt. Rick Farfour said.

The men wore bandanas as they entered. One toted a handgun and the other bore a shotgun, he said.

"Before leaving, one suspect turned to fire the shotgun," Farfour said.

That's when the three victims turned the tables on him, officials said.

One of the victims grabbed the shotgun after it jammed, overpowered the shooter and held him down until deputies arrived, Wayne County Sheriff's Lt. Tom Effler said.

Lewis received a few scratches and bruises during the scuffle, officials said. He was charged with first-degree burglary and robbery with a dangerous weapon and placed in the Wayne County Jail in lieu of a $100,000 bond.

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Indianapolis, Indiana

From the March 12, 2007 Indianapolis Star:
INDIANAPOLIS - A 6-year-old girl was shot in the lower abdomen Monday afternoon when she wandered into an apartment hallway during a gunfight between her father and a robbery suspect, police said.

The girl, whose identity has not been released, was alert and awake when rescuers took her to Wishard Memorial Hospital, police said. She was then transferred to Riley Hospital for Children, where she was listed in serious condition, Indianapolis Metropolitan Police Lt. Doug Scheffel said.

"The doctors (at Riley) told the detectives she's going to survive," Scheffel said.

The girl's father, Glenn A. Mitchell, 23, was arriving home shortly after noon, when a suspect pulled a gun on him and forced his way into the apartment, Scheffel said.

The suspect demanded money. The girl's mother, Dana Raymer, 24, gave him the family's recent income tax refund and he left, police said.

"It looks as though the father of child retrieved a handgun and chased the suspect into the entry way," Scheffel said.

The two exchanged shots before the robber got away in a green Mercury sedan driven by another man, Scheffel said. Mitchell, who is wanted on warrants for driving with a suspended license and operating a motor vehicle with expired license plates, also fled.

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Nashville, Tennessee

From the March 10, 2007 Tennessean:
A Nashville store clerk fatally shot a shoplifter late Friday night, police said.

Police said Richard Huddleston, 22, was in the process of stealing beer and hats at the Shell Market at 197 Haywood Lane at around 11 p.m. when he was confronted by the store clerk, Jefferson Bilbrey.

During a brief struggle between the two men, Huddleston reached inside his shirt as if he had a gun, according to a police news release. He then ran outside to a car parked near the gas pumps.

Bilbrey, 45, of South Nashville, followed and fired two shots at Huddleston with a .38-caliber revolver. At least one of those shots hit Huddleston, who was not armed, in the upper torso. Huddleston was transported to an area hospital, where he was pronounced dead.

Metro Police are investigating the shooting, and the results of that probe will be handed over to the district attorney’s office. Bilbrey hadn’t been charged in connection with the shooting Saturday afternoon.

A Davidson County grand jury will likely decide if he’ll face charges, or if the threat he perceived justified his use of deadly force, police said.

Bilbrey does have a valid permit to carry a handgun, police said.
UPDATE: From May 30, 2007 channel 5 in Nashville:
NASHVILLE, Tenn.- A South Nashville store clerk who shot a man he said was shoplifting from his market has been charged with murder.

Convenience store clerk Jefferson Bilbrey, 45, was free on $80,000 bond Tuesday on a charge of second-degree murder for the March 10 shooting death of Richard Huddleston, Metro police said in a news release.

Police said Huddleston, 22, was stealing a beer and ball caps from a Shell Market on Haywood Lane when Bilbrey confronted him.

Huddleston ran outside the market and Bilbrey followed him and fired a .38-caliber revolver as Huddletson got into a car.

"Bilbrey did have a valid handgun carry permit; however, the police department's investigation, along with reviews by the District Attorney's office and the grand jury, determined that his use of deadly force was not justified under the circumstances," according to a Metro police news release.

Huddleston's victim's mother Cheryl Huddleston said he wasn't armed and that the shooting was senseless.

Bilbrey no longer works at that Shell Market. Huddleston's mother currently has a civil suit against the store owner.

"It is our understanding that they have encouraged their store clerks to go out and get licensed to carry pistols and I just believe that that's the wrong message," said Huddleston's attorney Michael Rowan.

He points to an incident only months before Huddelston's death.

Police said in September, Bilbrey fired his pistol at a driver of a tractor trailer he said drove too close to him as he took out the store trash.

Bilbrey shot at the big rig driver because the driver tried to make a U-turn in the market's parking lot.

"Evidently he seems to be really quick with the trigger," Rowan said.

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Fernley, Nevada

From the Reno Gazette-Journal of March 16, 2007
Exchange of gunfire during attempted burglary leaves one injured

Law enforcement officials were on the lookout early this week for a Hispanic male in his 20s who was burglarizing a local business when a shooting incident occurred between the property owners and the suspect.

Lyon County Sheriff's Office Deputies were dispatched to 25 Salvage Lane on Sunday at about 10:34 p.m. on a commercial burglary incident that was in progress.

LCSO Detective Jon Mack reported the suspect was removing aluminum car parts and copper wiring from a vehicle located within a storage tank facility grounds.

That night while on the phone with LCSO dispatchers, one of the property owners indicated they had the suspect detained at gunpoint and was in the process of making a citizen's arrest.

At the time, property owner Larry Cavanaugh had detained the suspect with a 12 gauge shot gun, but then a struggle ensued and the suspect was able to obtain the shotgun and fired three rounds, reported Mack.

At the same time Caroline Hagan, property owner, returned fire with a .38 caliber pistol, firing from another location as the suspect left the area said the LCSO detective.

During the gun fight, LCSO Detectives said the suspect shot Hagan in the leg and she was later treated and released from a Reno-based hospital.

Mack indicated Hagan's wound was minor as low base shot gun shells commonly used to shoot small game was used in the shotgun.

It is unknown if the suspect was shot by the property owners gunfire.

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Tucson, Arizona

From the Tucson Citizen of March 17, 2007
Apartment robbery goes bad; one suspect shot, two arrested

A North Side resident shot a man participating in an invasion of his apartment Friday, Tucson police said.

The man who was shot is in serious condition at University Medical Center. Two others who participated in the invasion are in custody and one suspect is still on the loose, Sgt. Decio Hopffer said.

Police received a call from an apartment complex in the 100 block of West Limberlost Drive about 4 p.m. alerting them that three men and one woman tried to break into an apartment, resulting in one of the suspects being shot by the apartment's resident, Hopffer said.

About 30 minutes later, a representative from St. Mary's Hospital called police - standard procedure when a shooting victim shows up at the hospital - telling them a man who had been shot had come to the emergency room with three of his friends, Hopffer said.

When police showed up at the hospital, the three uninjured suspects ran, causing the hospital to go into "lockdown" from about 4 to 5:35 p.m., police and hospital officials said.

"What happened on West Limberlost spilled to St. Mary's (hospital)," Hopffer said, dispelling earlier reports that a shooting had occurred in the hospital.

Two of the suspects, one man and the woman, were arrested at St. Mary's while one man got away, Hopffer said. No names were released by police Friday.

Search warrants were issued for the suspects' white Chevrolet and the apartment that had been invaded, Hopffer said.

Police would not release results of the search Friday night.

Police also would not release details of the shooting, including how many times the suspect was shot or what kind of weapon was used.

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3/15/07
 
San Antonio, Texas

From MySA.com of March 15, 2007
Family gets last laugh on pair of tough guys

Two men came to his home in the 300 block of Fairview, looking for a friend of his son. Huizar's daughter, Lucienne, opened the door; one man brandished a gun.

"It was right in my face," the 21-year-old said. "I said, 'Mom, call Dad! They're going to shoot!'"

Her mother and 14-year-old sister, who were watching TV, dropped to the floor.

But the men fled, firing a shot into the air.

The event riled Huizar, a 41-year-old trucker who'd just returned from Chicago.

Just last month, one of the men had been at his house, claiming his son owed him money.

Huizar had paid up, adding, "what's a few hundred? I don't want nobody to hurt him. I don't want him hurting us."

Tuesday, when the man returned, he'd gone too far. Huizar worried about his family and feared the men would come back.

"This is enough," he thought. "I'm going to put you in your place."

Turns out an old, battered cell phone left discarded in the street would come to his aid.

About 1 a.m., after the family had settled down and Huizar had placed his shotgun beside his bed, their dog barked. The men were back.

They were looking for their phone — unaware it already was wrapped up by police and listed as evidence.

Fearing they had made too much noise, the men soon fled.

But Huizar, thinking they were retrieving weapons, fired.

Either a bullet or piece of glass grazed one man's cheek, but the two sped away in their car, police said. Later, two men were arrested and charged with possession of narcotics.

Although still shaken, the humor of the event wasn't lost on Huizar's family.

"I could understand if it was a Razr (cell phone), but this? Come on," Lucienne Huizar said.

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3/14/07
 
Boring, Oregon

From Portland’s KOIN.com of March 14, 2007
Shot Fired At Alleged Metal Thief

A man wanted for methamphetamine possession was caught Wednesday morning allegedly stealing metal from an auto salvage yard.
\
he owner of U-Pull-It says he caught 29-year-old Neal Anthony Lee stealing, fired a shot into the ground and chased him across the highway. Clackamas County deputies say they found Lee a short while later hiding behind a tree and covered in grease.

"There's not any car part out here that's worth a life, but I'm gonna let them know that I'm here and that I mean business. I'm not here to support their habit," owner Ron Barber told KOIN News 6.

Lee was arrested for burglary and an outstanding warrant in Multnomah County for meth possession. He's expected Thursday in court.

Barber says he plans to install an electric fence.

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Indianapolis, Indiana

From TheIndyChannel.com of March 14, 2007
Man Killed In Shooting During Break-In

Police: Someone In Home Fatally Shot Intruder

One man was killed after breaking into a home on the city's northeast side, according to police.

The shooting happened just before midnight Tuesday in the 3900 block of Ridgeview Drive, near 38th Street and Arlington Avenue.

Indianapolis Metropolitan police said the man broke into a home and began attacking the people inside.

Someone inside the home fired shots at the man, hitting him several times.

The man was taken to Wishard Memorial Hospital, where he later died. His identity was not immediately released.

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Houston, Texas

From KHOU.com of March 14, 2007
Police: Homeowner shoots, kills intruder

A homeowner shot and killed an intruder Tuesday night who broke in while his family was home.

It happened around 8 p.m. in the 6700 block of Dusty Dawn at Coral Stone.

Harris County deputies said there may have been more than one suspect who was trying to burglarize the home, but the others got away.

Apparently the homeowner and the suspect exchanged gunfire inside the home, where his wife and two small children were. The youngest child is 1 year old.

Deputies said the homeowner would not be charged, as the shooting was justified.

The SPCA was called to help deputies because there were four pit bulls in the backyard. The SPCA controlled them as officers were on the scene.

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3/13/07
 
Red Top, South Carolina

From the Charleston Post and Courier of March 13, 2007
Delivery driver fires at carjacker

A newspaper delivery driver thwarted the carjacking of his van near Red Top on Monday while his 7-year-old daughter was asleep inside, then fired a gun after the robber left the van, the Charleston County Sheriff's Office said.

James E. Duke Jr., 44, of Charleston suffered only a bruised shoulder in the 2 a.m. encounter that began in a parking lot at 3586 Savannah Highway, a sheriff's report states. His daughter was not injured. The robber was not hit.

Duke reported jumping into the open rear doors of the van as the man started to drive off, deputies said. As the van turned south on Savannah Highway, Duke grabbed a pole and began hitting the man with it. The robber hit the brakes then accelerated, causing Duke to hit the back of the bench seat where his daughter was sleeping.

The delivery driver handed over his cell phone and the cash in his wallet after the man threatened to shoot him and his daughter, deputies said. By that time, the van had reached a gas station at the intersection with S.C. Highway 162.

The robber got out, but started to walk back toward the van, deputies said. Duke accelerated, did a U-turn, then retrieved a Glock handgun he carries in a bag inside the van. He fired at the robber.

The driver works as an independent contractor with The Post and Courier. He described the robber as a black man in his mid-20s, 5 feet 6 inches tall and 160 pounds, wearing a sweatshirt and jeans, according to the Sheriff's Office.

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Bridgeton, Missouri

From the St. Louis Post-Dispatch of March 13, 2007
Would-be robber wounded in Bridgeton

A robber packing a pellet gun lost out early today to a motel guest packing a real firearm.

Bridgeton police say that after surrendering his cash, jewelry and car keys to two robbers in the parking lot of the motel, the guest drew his own firearm and got the drop on the robbers, wounding one of them in the hand and leg.

It all happened about 3 a.m. at the Motel 6 at 3655 Pennridge Drive, said Bridgeton police Lt. James Woodland.

"The man being robbed had a concealed-carry permit," Woodland said.

After the shooting, the would-be robbers fled. "We caught the wounded one about a quarter-mile down the road, outside a bar that was closed," Woodland said.

Woodland said the suspect had been taken to a hospital for treatment of his wounds. The second robber remains at large, he said.

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Clewiston, Florida

From the Bradenton Herald of March 13, 2007
Manatee home invasion suspect shot in Clewiston

A string of home invasions that started in Manatee County ended when a homeowner shot one of the suspects in Clewiston, authorities said Monday.

Two 20-year-olds, a man and woman, were arrested and are suspected in the Saturday home invasion in Manatee County, where a 92-year-old man was beaten and pepper-sprayed, and another one in Polk County, where an 85-year-old woman was beaten.

According to the Clewiston Police Department, Luke Irons, of St. Petersburg, and Chrisanthe Apergis, of Seminole, armed with a BB pistol and a tire iron, forced their way into the home of two elderly homeowners at about 7 p.m. Sunday.

The suspects struggled with the victims, a 74-year-old man and a 64-year-old woman.

The man broke free, grabbed a handgun and fired twice at Irons, hitting him both times, according to a police report.

Irons and Apergis fled the home, but Irons collapsed in the driveway, where the police found him.

The two are suspected in the Manatee County crime, as well as the similar home invasion in Lakeland on Sunday.

Manatee County sheriff's investigators on Monday were in Clewiston, a small agricultural town on the banks of Lake Okeechobee, taking statements for charges to be filed in Manatee County incident, according to Dave Bristow, spokesman for the sheriff's office.

"We extremely pleased there were captured," Bristow said. "They picked on the vulnerable by preying on the elderly."

According to a Manatee sheriff's report, the Saturday attack occurred about 11 a.m., when the 92-year-old victim was in his carport, in the El Rancho Mobile Home Park, in the 500 block of 44th Avenue East, when a man asked to use his bathroom.

The elderly man said OK, but the suspect dragged him into the mobile home and started beating him, according to a sheriff's report.

During the attack, the man used pepper spray on the victim.

They were charged with attempted home invasion robbery, burglary and aggravated battery of an elderly person.
From MyFoxTampaBay.com of March 12, 2007
Home invasions stopped with gunfire

Cora Canale was in bed with her oxygen going when someone showed up in her bedroom.

"He stood over me and said, 'Come on, come on, you gotta give me the money,' and I wasn't even awake," the 85-year-old recalled.

What Canale thought was a dream at first became a real life nightmare. The intruder forced her into the living room and pushed her onto the floor next to the sofa.

"I thought at one time he was going to choke me because he stuck a pillow or something across my face. I couldn't breath and he finally let up," she said.

She took off her two diamond rings and hid them while he rifled through her belongings.

Investigators say Luke Irons and his girlfriend Chrisanthe Apergia of Pinellas County were behind the robbery at Canale's and at the homes of two other elderly people over the weekend.

Police say when Irons left Canale's home, he took her car. He left one he took in a Manatee County home invasion behind.

But after terrorizing older folks in the Bay Area, investigators say he met his match in Hendry County.

Clewiston police say when Irons was breaking into a home there, an elderly man shot him.

"So I hope it would say 'bad guys beware,'" offered Lakeland police spokesman, Jack Gillen.

Irons is now hospitalized in intensive care. He just got out of prison a few months ago
Updated 03/17/07

It is astounding that a criminal with this kind of rap sheet has served no jail time.

(Or, to see the original, go here and search for Last Name = Irons, First Name = Luke, and then click on his name on the next screen.) (No permalink available.)

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Gary, Indiana

From the Gary Post-Tribune of March 13, 2007
Gary man shot breaking into bar

Bosco Jones said he had no choice but to shoot the intruder trying to break into his bar Sunday morning.

"If he got inside, he would have had to kill me because I knew him," Jones, 82, told the Post-Tribune on Monday.
Maurice Henderson, 44, was shot outside the Zanzibar Lounge at 5639 W. 5th Ave. about 7:20 a.m., police said.

Detective Lorenzo Davis presented evidence to the Lake County prosecutor's office Monday for review, but said he expected Henderson's death will be ruled a justifiable homicide.

"He had a big stick he was using to pull the bars off the window," Davis said. "It looks like he was trying to get to the cash register."

Jones said he was in the basement preparing his liquor order for the week when he heard glass break upstairs.

"I knew someone was trying to get in, so I came up and he was was pulling off the bars. I yelled for him to stop, but it looked like the more I yelled the more he beared down," Jones recalled.

Jones said he met Henderson one day last week when he came in with his brother. "I know his brother, he's an alley mechanic," Jones said.

Henderson inquired about doing work at the bar. "But he didn't want a job, he was casing the place," Jones said Monday.

Until a few days ago, Jones drove a white station wagon that was parked outside the bar, he said. But last week he bought a van. Jones said the intruder may have thought he wasn't in the building when he tried to get inside.

"But every Sunday morning I make out my liquor order downstairs in the office," he said.

Henderson was shot with Jones' .38-caliber handgun. Jones was questioned and released by police after the shooting.

The Zanzibar was open for business Monday.

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3/12/07
 
Newport News, Virginia

From the Hampton Roads Daily Press of March 12, 2007
NN robbery victim fights back with gun

A robber got more than he bargained for Monday when he pressed a knife to a truck driver's throat and demanded cash at 28th Street and Chestnut Avenue.

The driver gave him some money, then began fighting with the thief, police said. The driver eventually grabbed a gun from the truck and fired a shot into the air before demanding his money back, police said.

The robber forked over the cash, then ran.

Police were looking for a bald black man with a light complexion, about 5 feet, 8 inches, and 180 to 190 pounds. He appeared to be in his 40s. His dark-colored shirt was torn during the fight, and he was last seen running shirtless westbound on 28th Street.

The truck driver suffered minor cuts to his fingers and throat, police said.

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Albuquerque, New Mexico

From Albuquerque’s KOBtv.com of March 12, 2007
Carjack attempt leads to shooting; two injured

A man who police believe had already stolen one truck Sunday evening allegedly went back for a second one prompting gunplay between the would-be thief and his victim.

Officials say that the first carjacking occurred at a buffet restaurant on Coors when the man forced his way into a Nissan Titan and forced a family out of the truck at gunpoint.

Shortly later the same evening, the man spotted a second Nissan Titan at a Walgreen store at Coors and Central, but the second victim was armed and the two exchanged gunfire, with each of them being struck.

“The victim decided to take that [situation] into his own hands, but unfortunately the victim was shot,” said APD spokeswoman Trish Hoffman.

Both men were transported to an Albuquerque hospital. Police expect they will both survive.

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3/11/07
 
DeKalb County, Georgia

From Atlanta’s WSBtv.com of March 11, 2007
Suspected Intruder Shot And Killed

DeKalb County police are investigating the deadly shooting, of a man who may have broken into home.

The shooter's roommate, says the intruder wasn't wearing shoes when he came into their house. Paul Meoaur told Channel 2 Action News that the man had a kitchen knife, that was about six inches long. He says tried to bust through his friend's locked bedroom door. He told police the man didn't stop, when his roommate warned him that if he didn't leave, he would shoot. Moments later the roommate did just that.

The suspect died of his injuries at the hospital.

Meoaur doesn't know what the man's motive may have been. He does believe he got into their home through an unlocked side door.

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3/10/07
 
Cheltenham, Pennsylvania

From Philadelphia’s 6ABC.com of March 10, 2007
Man Shot in Foiled Armored Truck Heist

A flurry of gunshots sent a would-be robber to the hospital Saturday after he allegedly attempted to rob an armored truck in Cheltenham.

Around 12:45 this afternoon an armored car pulled up to the back of the Pathmark in the Cedarbrook Plaza Shopping Center on Cheltenham Avenue and Easton Road.

When the armored car security officer went inside the Pathmark he was approached by a man who pepper sprayed him. The security officer pulled out his gun and started firing, hitting the suspect.

The man fled but then collapsed behind the building. The suspect was transported to Einstein.

The suspect's condition is unknown.

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Fayetteville, North Carolina

From Raleigh’s WRAL.com of March 10, 2007
Employees of Fayetteville Man Shot in Botched Home Invasion

Two men have been arrested in connection with a home invasion of their employer in Fayetteville Friday night that left both suspects with gunshot wounds.

Cumberland County sheriff’s detectives arrested Paul Euston Kent Jr., 20, of 5384 Wichita Drive in Fayetteville and Carlos Francisco Mozzo, 18, of 317 Summerhill Road in Fayetteville, and charged them with attempted first-degree burglary and robbery with a deadly weapon.

Investigators said the men allegedly entered the home of James Wiggins, 66, of 3411 Cumberland Road shortly after 8:00 p.m. Both suspects were wearing black ski masks, dark clothing and had a handgun in their possession, authorities said.

Wiggins told detectives his dog began to bark and he spotted the men approaching the home. Wiggins went to his bedroom, retrieved his gun and began shooting at the men when the backdoor of his home was forced open, investigators said.

Kent suffered a gunshot wound to the lower portion of his right eye. He was treated and released from Cape Fear Valley Medical Center and was placed in the Cumberland County Detention Center under $50,000 bond. His first court appearance is scheduled for Monday.

Mozzo’s injuries included a gunshot wound to a leg and one to the midsection of his body. He was transported to Duke Hospital, where he was undergoing treatment Saturday for the non-life threatening injuries. Investigators said Mozzo will be transported back to Cumberland County to face charges after his release from the hospital.

Authorities said both Kent and Mozzo were employed by Wiggins, who told investigators he owns a roofing business.

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Vallejo, California

From Vacaville’s The Reporter of March 10, 2007
Domestic dispute leaves one dead

An apparent domestic dispute erupted into a running gunbattle in Vallejo early Friday, leaving a Suisun City woman dead and a Vallejo man injured.

Vallejo police Sgt. Vic Massenkoff identified the dead woman as 34-year-old Sharon Cobb of Suisun City. Injured during the exchange of gunfire was 27-year-old Rashann Rice of Vallejo. Rice was treated at a regional trauma center and later was released.

Massenkoff said the pair apparently had a previous relationship and a 1-year-old child.

Preliminary reports, Massenkoff said, indicated that Cobb had sought out Rice and confronted him shortly before 5:50 a.m. Friday as he walked along the 300 block of Fairgrounds Drive.

Cobb apparently drew a handgun and shot at Rice, who ran as Cobb continued to fire, striking him twice. Rice, Massenkoff said, is then believed to have drawn his own handgun and fired at Cobb, fatally wounding her. She later was pronounced dead at the scene.

Circumstances surrounding the early morning shooting remain under investigation.

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3/8/07
 
Memphis, Tennessee


From March 8, 2007 WAVE channel 3 (Louisville, Ky.):
(MEMPHIS, Tenn.) -- Police in Memphis say a gunman firing a pistol beside a busy city street was subdued by two passers-by who were also armed.

No one was hurt during the incident that apparently began with a minor traffic accident, but one passing car was believed hit by a bullet.

Brothers William Webber and Paul Webber told police they stopped their car and pulled their own pistols when they saw a man firing a handgun yesterday.

The brothers said they ordered the man to drop his weapon and then held him at gunpoint until police arrived a few minutes later. Police say the Webbers did not fire their pistols.

Police arrested Dementrius Roberson and charged him with reckless endangerment. Police say the Webber brothers and Roberson have licenses to carry firearms.
Same story also at March 8, 2007 channel 24.

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Philadelphia, Pennsylvania

From Philadelphia’s KYW1060.com of March 8, 2007
2 Alleged Robbers Shot by Diner Owner in West Oak Lane

An alleged holdup man is dead and another is hospitalized after the owner of a diner in West Oak Lane got the drop on them.

According to police, two armed men walked into the Sunrise Breakfast Shop, on Washington Lane near Forest, about 7am Thursday and announced a robbery.

But, investigators say, the shop owner pulled his own gun and opened fire. One suspect was shot and killed -- he was pronounced dead at the scene -- and the other was shot in the face and wounded. That 25-year-old suspect was rushed to Albert Einstein Medical Center, where he was listed in critical but stable condition.

Police were questioning the diner owner about the incident.
From the Philadelphia Inquirer of March 10, 2007
Deja vu for diner owner who shot 2 during holdup

The luncheonette owner who used his licensed revolver to shoot and kill one would-be armed robber and wound another this week had been in a similar situation before, police confirmed yesterday.

And that 1993 shooting at a grocery mirrored the situation and the outcome Thursday at Sunrise Breakfast in West Oak Lane - with one suspected bandit left dead and the other wounded.

Jason Lee was not charged in the earlier case, and no charges are expected in Thursday's shooting.

The first confrontation was on Aug. 15, 1993, when two men walked into a grocery run by Lee's family at 68th Avenue and Broad Street in East Oak Lane.

Police said at that time that the robbery took place about 8:30 a.m., and that Lee pulled his handgun and fired when he emerged from a back room and saw that one of the men had grabbed his wife by the throat.

A 30-year-old man was pronounced dead at the scene from three gunshot wounds, including one to the head. The second man was found nearby with bullet wounds to the chest and thigh.
From Philadelphia‘s NBC10.com of March 12, 2007
Shot Suspects In Attempted Armed Robbery Have Law Enforcement Ties

The NBC 10 investigators uncovered new information about a fatal Philadelphia restaurant robbery caught on cell phone video.

Both suspects are from families who work in law enforcement, NBC 10 reported.

Authorities said two people tried to hold up Sunrise Breakfast Thursday morning, but the owner shot them before they got away.

According to police sources, the man who was wounded and can be seen on the ground in cell phone video is the son of a Philadelphia police officer.

Police identified him as 24-year-old Gary Williams.

Investigators said Williams is one of two men who tried to rob the West Oak Lane restaurant at gunpoint.

But during a gun battle the owner, Jason Lee, shot and wounded Williams.

NBC 10 tracked down Williams' grandmother, but she didn't want to talk. A next-door neighbor said he has been living with his grandmother ever since his mother moved out of state.

"She would probably come back now because of the situation. She probably will come back," neighbor Doretha Fields said.

Also during the early morning robbery attempt, police said Lee shot and killed, 20-year-old Cornell Toombs.

The NBC 10 investigators have learned that Toombs also has very close ties to law enforcement.

Prison officials at the Curran Fromhold Correction Facility in Philadelphia, confirmed Toombs' mother works there as a corrections officer.

Officials said she has 17 years on the job.

Police said Toombs had jumped over the counter with his gun drawn when the owner shot and killed him.

Williams remains hospitalized in critical, but stable condition.

Those who live in and visit this area said they are still shocked by what happened last week.

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Ashland, Kentucky

From Louisville’s WAVE3.com of March 8, 2007
Man fatally shoots alleged intruder

An eastern Kentucky man fatally shot one of two alleged intruders who claimed to be police officers, according to sheriff's officials.

The other alleged intruder was arrested and charged with burglary and impersonating a police officer, a sheriff's report said.

Jason Daniels, 23, of Ashland, shot Robert Lewis Chapman, 50, of Greenup in the chest, shoulder and wrist on Wednesday night, the Boyd County Sheriff's office said in the report.

Adam C. Justice, 22, of Summitt, was lodged in the Boyd County jail.

Boyd County Sheriff Terry Keelin said the case would be turned over to the commonwealth's attorney and a grand jury would be asked to decide if any charges would be filed against Daniels.

The intruders allegedly broke into a home where Daniels was staying after Daniels refused to answer the door. The men had pounded on the door claiming to be police officers with a search warrant, Keelin said.

The men then allegedly forced Daniels into the bathroom, tied him up and proceeded to ransack the house, the sheriff's report said. While the alleged burglars were busy in other parts of the house, Daniels freed himself and got a 9 mm pistol from a cabinet, the report said.

"When the suspects returned to the bathroom, they found Mr. Daniels, now armed and in a shooting stance," the report said.

When one of the alleged intruders attempted to draw a revolver from its holster, Daniels fired four times and both men fled in a van that was parked nearby.

Chapman was dumped outside the emergency room entrance to Kings Daughters Medical Center about three miles from the scene of the incident and later died, the report said. Police stopped the van a few blocks from the hospital and arrested Justice.

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3/7/07
 
Warner Springs, California

From the March 7, 2007 San Diego Union-Tribune:
WARNER SPRINGS – The owner of Sunshine Summit General Store on state Route 79 shot and wounded two burglars he interrupted in the store early yesterday, sheriff's officials said.

The owner, whom authorities did not identify, called the Sheriff's Department about 4 a.m. to report the shooting. He said he was being chased by people in a pickup and that he shot at them, said sheriff's Lt. William Donahue.

Lt. Tim Curran said the owner went to the store to check on a burglar alarm that had been triggered. He confronted the burglars and fired a handgun at them. Later, two people with multiple gunshot wounds turned up at Palomar Medical Center in Escondido. Deputies still were interviewing them last night.
From SignOnSanDiego.com of July 15, 2007
Shots in the dark

Even before the night he shot and nearly killed two burglars, Chris Drake was a man who liked to keep a firearm within easy reach.

He and his wife own a general store 20 miles north of Santa Ysabel on state Highway 79, a two-lane road cutting through a landscape of oak trees, vineyards and livestock grazing in fields of golden grass. Cars brake for deer and wild turkeys.

The Sunshine Summit General Store, located in a hamlet of 260 residents, sells everything from lawn tools and hats to cigarettes and hard liquor. A large blow-up of a Coors beer can hangs from the ceiling.

Like many residents of this rural part of northern San Diego County, Drake, 48, owns a gun – several, actually. The nearest sheriff's substation is some 20 miles away. As a business owner, he says, he would feel vulnerable without a pistol tucked into his waistband. The store has been burglarized four times since his wife, Sheri, bought it in 2001.

“I don't think there could be a level of comfort without being armed,” said Drake, who once owned a Long Beach lumberyard and has the leathery complexion of a guy who spends plenty of time in the sun. This particular section of the county, he added, is a bit “like the Wild West.”

Until the pre-dawn of March 6, however, he had never so much as pointed his shotgun or three handguns in the direction of another human being. He had fired his Smith & Wesson .38-caliber revolver a half-dozen times for practice, but only into a mound of dirt. The five-shot, snub-nosed pistol is notoriously difficult to aim.


In early February, exactly 30 days before the events of March 6, thieves smashed through the Sunshine Summit store's glass front door in the middle of the night and stole $11,000 in cigarettes, liquor and cash.

That incident, on top of burglaries in 2006 and 2005, left Drake fuming. He later described a feeling of “absolute ire” at having been “violated.”


The early hours of March 6 were clear and frigid, the kind of morning when a person curls up under a second blanket. The moon was bright and nearly full.

At 4 a.m., Drake woke up to go to the bathroom.

The store alarm went off.

To this day, Drake and his wife are amazed at how quickly they mobilized.

In less than a minute, Drake estimates, they grabbed the car keys and the loaded .38-caliber revolver he keeps by his bed. They ran out the door, got into their black Cadillac Escalade, drove around the back of the store and edged into the front parking lot.

He placed the gun on the driver's seat between his legs.

Slowly, he rolled the sport utility vehicle toward the front of the store. There, they saw a Toyota SUV with a hooded figure in the driver's seat.

Drake circled his SUV to the edge of the parking lot, keeping a safe distance. As he did so, two other men lugging merchandise ran out of the store. They got into the Toyota, which took off north on Highway 79.

Drake didn't hesitate. That was his property they were stealing. Hell, these might even be the same burglars who broke into his store the previous month. The February break-in had occurred at the same hour of the morning.

He pulled his SUV onto the highway and stepped on the gas.

The two cars tore down the highway at 100 mph. At least twice, the Toyota made a U-turn and raced past the Drakes' SUV. Each time, Chris Drake swung around and continued the pursuit.

Finally, the two cars stopped and faced each other. According to Drake, his SUV became stuck on the shoulder of the road, where he had pulled over so the Toyota wouldn't hit him. At that point, he said, the driver of the Toyota began ramming the Drakes' front fender and driver-side door.

Drake said he feared for his life. He said he and his wife felt trapped. He was also afraid, he later recalled, that the burglars might be armed and start shooting.

So he grabbed his five-shot pistol, leaned out the driver's window and fired until his gun was empty. Two shots hit the grille of the Toyota, and three went through the windshield.

The three men in the Toyota panicked. “He's got a gun!” one of them yelled as the windshield shattered.

The Toyota sped off into the night.


After reviewing the evidence, the San Diego County District Attorney's Office made a decision: The two suspects would be charged with burglary. The Drakes would be charged with nothing.


Nonetheless, when asked whether he might do anything differently, Drake replied, “If my wife and I were ever threatened, I wouldn't hesitate to shoot again.”

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3/6/07
 
Statesville, North Carolina

From Charlotte’s WSCOtv.com of March 6, 2007
Man Won't Face Trial For Statesville Slaying

A man charged with murder in the shooting death of a Statesville teen will not go to trial on the charge.

The Statesville Record and Landmark reports Kevin Turner told police he shot and killed 17-year-old Shannon Lackey in self defense at a party in January. Investigators did not believe him and charged him with murder.

But a grand jury has decided there was not enough evidence to proceed to a trial.

(Original Story)

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3/5/07
 
Jackson, Mississippi

From the March 5, 2007 Jackson Clarion-Ledger:
As customers watched in horror Sunday afternoon, a man stabbed a woman and attempted to set her on fire in the parking lot of a Jackson store, witnesses said.

The attack was stopped by a passer-by, who held the man at gunpoint until police arrived, witnesses said.

The suspect, Henry Watson, 42, was arrested and is expected to face aggravated assault charges, Jackson Police Department Cmdr. Lee Vance said. Watson's wife, Gracie Watson, 42, was transported to the University of Mississippi Medical center, where she was listed in good condition.

"It wasn't five minutes from when she had left my line when I heard a scream outside," said Theresa Stuckey, a cashier at the Family Dollar at 516 Nakoma Drive in Jackson. "I looked out, and (the attacker) was on top of her stabbing her, and stabbing her and stabbing her.

"She was screaming, 'Help, he's trying to kill me!' She was rolling on the ground, trying to get out of the way, but he kept stabbing her. He stabbed her about 20 times in the neck, back and arms."

As the attack continued, people were yelling at the man to stop and honking their horns, Stuckey said. She said she called 911.

"He was just standing over her hacking away," said Dolly Baker, who had just left the Save-A-Lot store next door when she saw the attack.

Baker said she watched the man pour gasoline on the victim then try to strike a match.

"He was literally trying to kill that lady in broad daylight," she said.

Baker said a passer-by stopped the attack.

"He told the man, 'Stop, or I'm going to shoot. And if you run, I'm going to kill you,' " Baker said.

The man held Watson at bay until police arrived at the scene.

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3/4/07
 
Sarasota, Florida

From the MyFoxTampaBay.com of March 3, 2007
Intruder killed during home invasion

Sarasota Police detectives have made an arrest in connection with an early morning home invasion where two people were wounded and one killed.

The incident happened around 4:30 Saturday morning.

Investigators say two men, wearing black ski masks, burst into a home at 2819 Dixie Avenue in Sarasota. Shortly after the intruders broke in, a gunfight took place.

One of the invaders was killed. He is identified as 18-year-old Travis Earl.

The other intruder was identified as 18-year-old Tyrell L. Leverett. Deputies say he was wounded in the hip.

The resident inside the home, 45-year-old Hugh Smith, was shot in the forearm.

Detectives have arrested and charged Leverett with felony murder, and with home invasion with a firearm. He has been booked into the Sarasota County Jail

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Franklinton, Ohio

From the Columbus Dispatch of March 4, 2007
Franklinton man, 79, kills intruder, police say

A 79-year-old Franklinton man struggled with and fatally shot an armed intruder at his home last night, police say.

"The intruder kicked in the back door and struck the homeowner, knocking him down," said Columbus Police homicide detective William B. Rotthoff. "They wrestled. The homeowner grabbed the intruder’s gun, pulled out his own pistol and shot him in the chest."

The intruder, whose name was not immediately released, ran from 962 Sullivant Ave. and turned north up the alley next to the house.

A neighbor called police after hearing a gunshot at 8:44 p.m. A patrol officer arrived, finding the intruder lying in the alley. The assailant was taken to Mount Carmel West hospital, where he was pronounced dead at 9:21 p.m.

The two-story, wood-frame home between Avondale and Hawkes avenues belongs to Virgil R. Lovejoy Jr., a resident there since 1972.

Lovejoy’s daughter, whose name wasn’t available, said that her father had been robbed at least three times before. The family had tried to convince him to move, but he refused to leave.

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3/3/07
 
Cameron, Texas

From the Cameron Herald of March 1, 2007
Suspect injured in botched burglary

A botched burglary in the 600 block of 13th Street in Cameron early Saturday morning ended with a Rosebud man being shot.

James David Toffelmire, 28, was shot by a 12-gauge shotgun around 3 a.m. on Saturday after he attempted to break into a home and steal a vehicle from that same residence according to Cameron Police reports.

The homeowner was awoken by the noise of someone trying to get into the front door of the house. He told police that when he opened the front door, Toffelmire was standing at the passenger side of the homeowner's 2003 Ford pickup with the door open. The assailant then stared at the homeowner, and walked around to the driver's side of the truck.

The homeowner said he then went inside and grabbed the gun.

According to reports he then came out and saw Toffelmire with his hands below the steering wheel, possibly trying to start the vehicle or getting ready to pull out a weapon.

The homeowner then fired one shot, a dove load of small pellets according to police, into the front windshield of the truck, spraying pellets into the front seat and striking Toffelmire.

The burglar then fled the scene on foot as the homeowner called for police.

Cameron Police Department officers Patrick Guffey and Kris Stringer located the subject about two hours later hiding in the bushes at a residence on 12th Street.

Toffelmire was arrested and taken to Central Texas Hospital to have 12 pellets from the gunshot removed from his chest and face according to officers.

He was then booked into the Milam County Jail on charges of burglary of a vehicle. He remained in jail as of Wednesday with bond set at $2,000.

The homeowner is not facing any charges and police say that they will not be seeking to press charges against him. However, the Milam County district attorney will make the final decision.

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Jacksonville, Florida

From Jacksonville.com of March 3, 2007
2 robbers pick wrong victim

Two men tried to rob a 50-year-old man Feb. 24 in the 4400 block of Putnam Avenue, but the victim pulled out a weapon of his own.

One of the two would-be robbers may have been shot, police said.


The ,,, incident started at 8:30 p.m. as the victim was walking down Putnam Avenue and two men, one with a gun, walked up demanding money, police said.

When the gun was pointed at him, the victim pulled out his own weapon and fired once, police said.

One of the pair fell, then got up as they both fled toward Philips Highway without anything.

The victim's .45-caliber handgun and a spent casing were confiscated by police after detectives interviewed him.

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Windham, New Hampshire

From the North Andover (MA) Eagle-Tribune of March 2, 2007
Man released after shooting stepbrother

A family argument escalated into violence Thursday, when one stepbrother shot another in the middle of the day.

David Richardson, 52, went to Windham Auto Body around 10:40 a.m. Thursday, got into a scuffle with his stepbrother, Frank Meisel, and returned to his home about a half-mile away before a pair of officers arrived, said Windham police Capt. Carl Wagner.

About an hour later, Richardson returned to start another confrontation with his stepbrother, Frank Meisel, according to police. Meisel, 43, fired a single shot into the left side of Richardson's chest with a .38-caliber revolver, police said.

Police elaborated on the initial scuffle yesterday as they continued their investigation into the shooting.

"There was some kind of brotherly, physical confrontation and there was some damage done on the property, but he wasn't concerned with that," Wagner said of Meisel. "He just didn't want him (Richardson) on the property."

The two were arguing over a family-related matter, Wagner said.

Police said they received a call from a woman about the shooting, but they refused to elaborate.

Richardson remains in critical-but-stable condition at Beth Israel Deaconess Hospital in Boston. He underwent surgery Thursday night.

Meisel is free on personal recognizance and is due in court April 2. Based on what police have learned so far, Wagner said there was no need to hold Meisel.

"As the investigation continues, charges could be upgraded or reduced," Wagner said. "We still have to cross the t's and dot the i's on some things."

Police recovered the revolver when they encountered Meisel at the garage, Wagner said. Meisel legally kept the handgun at the business, located at 47 Roulston Road.

When police officers arrived after the first call from the garage, Richardson had already made it back to his home about a half-mile away at 22 Roulston Road. The officers warned Richardson that he would be arrested for trespassing if he went back to the garage, Wagner said.

A search warrant for the garage, which included a police affidavit detailing evidence gathered so far in the case, has been sealed by a judge.
From the North Andover Eagle-Tribune of April 14, 2007
Police: Shooter acted in self-defense

Prosecutors dropped charges against Frank Meisel, accused of shooting his stepbrother, saying he acted in self-defense when he fired his .38-caliber revolver into the chest of David Richardson.

Richardson, 53, went to Meisel's business, Windham Autobody at 47 Roulston Road, threatening to hurt him about 10 a.m. on March 1, police said.

Meisel, 43, of Cluff Road in Salem fired his weapon after Richardson had swung a large bat at his head and threatened to hurt him, said Rockingham County Attorney James Reams. Police had charged Meisel with misdemeanor simple assault after the altercation, saying they would either upgrade or drop the charge, based on the investigator's conclusion.

"Everything we had was consistent with self-defense," Reams said yesterday.

Police had been to the garage hours before the shooting when Richardson, who lived about a half-mile away, showed up drunk and got into a fight with Meisel. Neither of the men were seriously hurt or wanted to press charges.

Police told Richardson not to return to the garage, but he showed up a couple of hours later, armed with a large club. The arguments were the result of Richardson wanting to borrow money, police said. Meisel's account of what happened was supported by his bookkeeper, who saw both fights between the men, according to police.

Meisel's lawyer, Don Blaszka, said yesterday he was pleased with the Police Department's decision to drop the case.

"I always felt my client was defending himself," Blaszka said. "I feel this is a vindication for him so he can continue with his business. Obviously, based on the information collected by police and witness statements, my client's actions were justified."

One aspect that delayed the investigation was Richardson's lack of cooperation, Reams said. Richardson has been released from the hospital, but refused to release his medical records to authorities or cooperate with the investigation, according to police.

"There was a couple of minor loose ends we would have liked to have wrapped up," Reams said. "We knew Mr. Richardson was released from the hospital, but we don't know how badly he was injured. Given what we know so far, it wasn't a worthwhile pursuit of police resources."

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Jonesboro, Arkansas

From the Jonesboro Sun of March 3, 2007
Victim, robber both armed

A Craighead County man got more than he bargained for early Friday morning after apparently choosing the wrong resident to rob.

The early-morning alleged attempted robbery ended in a shoot-out, though no one was injured, police said.

Walter D. Hatton, 22, 820 West Huntington Ave., Jonesboro, was arrested around 4 a.m. Friday after he allegedly forced his way inside a Jonesboro home and fired a shot at the 64-year-old man inside.

Detective Chad Hogard wrote in his probable cause affidavit that officers were dispatched to 211 Maple St. around 3:45 a.m.

He wrote that patrol officers "had picked Dale Hatton up just down the street with blood coming from his head. The victim was in bed and heard someone trying to kick in his front door."

The victim, Ray Horton, told police the suspect entered his home and fired a 9mm bullet at him during a struggle and missed.

But Horton had a weapon of his own -- a shotgun.

"During the struggle the victim struck Hatton in the head with the barrel of a shotgun," Hogard wrote. "The two then wrestled onto the bed leaving blood evidence on the bed sheets."

Horton then attempted to shoot Hatton, but the suspect managed to grab the barrel of the shotgun, forcing it toward the ceiling where the blast struck.

"Hatton then grabbed the shotgun away from the victim and ran out the door," Hogard added. "Both guns were recovered."

The shotgun was recovered in a tree line near Parker Park and the 9mm on a lawn across the street from the park.

(More)

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Huntington, West Virginia

From the Huntington Herald-Dispatch of March 3, 2007
Charges dismissed in nightclub shooting

Charges were dismissed Friday morning against a man who police say shot three people outside the Chickadee's nightclub in February.

The Cabell County Prosecutor's Office agreed to dismiss three felony counts of unlawful wounding that faced Harold Radford Porter, according to defense attorney David Perry and Magistrate Darrell Black.

Porter, 26, of Huntington had claimed he shot two men and a woman Feb. 3 because he was being targeted by several people from Detroit. He contends he fired in self defense.

Black said prosecutors dismissed the charges with a desire to present evidence to a future grand jury.

Porter had been free on a $30,000 bond.

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3/2/07
 
San Antonio, Texas

From San Antonio’s KSAT.com of March 2, 2007
Home Invasion Leaves Neighborhood On Edge

Residents in a Northwest Side neighborhood are on edge and said they are being extra careful following a daytime home invasion earlier this week.

On Tuesday, three people broke into a home in the 100 block of Sunnycrest and shot Eugene Mazzurana, who tried to scare off the trio with an unloaded shotgun.

Mazzurana was shot in the arm and the hand. He lost a finger and remains in stable condition at a local hospital.

Neighbors told KSAT 12 News that up until the home invasion, crime was limited to graffiti.

But residents said they're taking extra precautions. They're locking doors, closing garages and looking out for suspicious activity.

"There will be more people, I guess, looking out for each other," said Kina Aldrige, a neighbor.

Aldrige said she hopes the home invaders are brought to justice.

"We most of all hope they get caught and they get punished for this," Aldrige said.
Don’t take an unloaded gun to a gunfight.

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Miami-Dade County, Florida

From Miami’s Local10.com of March 2, 2007
Police: Man Shoots, Kills Would-Be Robber

Police said a man shot and killed a would-be robber Thursday night in north Miami-Dade County.

It happened at about 9:45 p.m. outside 752 N.W. 102nd St.

Miami-Dade police said a man was approached by two other men who tried to rob him, but the intended victim instead pulled out a gun and fatally shot one of them. The other would-be robber got away.

Police said it was unlikely the man who shot his alleged attacker would be charged, as it appeared to be an act of self-defense.
From the Miami Herald of March 2, 2007
Attorney shoots first in alleged robbery

A prominent Miami-Dade traffic-ticket lawyer, facing an armed robber, pulled a gun from his glove compartment and stopped his attacker with volley of fatal gunfire.

Driving his black Mercedes, Traffic Ticket Office's Scott Hidnert was backing out of his north-central Dade office Thursday night when the robber rushed him.

Handcuffs stuffed in his pocket and a ski mask pulled over his head, the attacker pointed his weapon at the attorney.

''I'm lucky to be alive,'' the attorney said.

Hidnert has been called the ''granddaddy'' of ticket defenders. He founded a firm called Ticket Busters in 1992, one of the first to focus on misdemeanors such as speeding and running red lights.

The firm's name changed to Traffic Ticket Office three years later. Today, the firm offers legal help in Miami-Dade for $69 and up.

The incident is one of three recent high-profile self-defense shootings, all fatal, none resulting in criminal charges.

Last year, a new Florida law was enacted that loosened the standard for self-defense, allowing threatened citizens to shoot first even if their attacker doesn't show a gun.

''I don't expect any charges. He had a gun and was aiming at me,'' Hidnert said. ``If his gun didn't jam, he would have shot me.''

Miami-Dade police spokesman detective Roy Rutland declined to discuss charges. ``The entire case is still under investigation.''

(More)

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Asheville, North Carolina

From the March 2, 2007 Asheville Citizen-Times:
ASHEVILLE — An attempted robbery turned into an exchange of gunfire Wednesday night, police said, ending with the would-be robber dead and the victim wounded.

Ahmad Qushawn Shivers, 17, was wanted in another shooting in August and on four other charges. Police believe he started the shooting that broke out in front of an Erskine Street apartment building that led to his death.

Frederick Martin, 20, was shot in the arm, an injury that police said wasn’t life-threatening.

No charges had been filed Thursday morning.

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Cedar Lake, Indiana

From the Merrillville Post-Tribune of March 2, 2007
Cedar Lake homicide case closed
Next stop: Grand Jury


The investigation is closed on Ronald Thomas's shooting death, which stunned Cedar Lake Jan. 31.

Charges will not be filed against Gerald Burkland, the man who pulled the trigger, although the case will be sent to a grand jury.

"I'll accept it as the way the judicial system works," Burkland said at his home. "That's fine with me."

He declined to comment further.

Cedar Lake Police Chief Roger Patz said charges have not been filed because he believes Burkland killed Thomas in self-defense. Patz said the decision not to file charges was made after consultation with the Lake County Prosecutor's Office.

Patz said Thomas broke into Burkland's residence before 8 a.m. Jan. 31 after he pried open a screen. Burkland was inside the residence, as was Susie Buck, Thomas' girlfriend and mother of their two children.

Burkland told police the two men started arguing, then Thomas lunged at him with a knife. Burkland maintains he fired at Thomas in self-defense.

The blast struck Thomas at close range, piercing his abdomen, Patz said. Thomas was pronounced dead later that morning at St. Anthony Medical Center in Crown Point.

Burkland fled the scene. He was found in a Merrillville hotel four days later, and Cedar Lake detectives interviewed him the following day.

After Thom-as was shot, Buck stayed behind and called 911. She could not be reached for comment.

Patz said they suspected self-defense all along, observing the pried-open window and a knife in close proximity to Thomas' body when they arrived at the crime scene. Evidence from the Lake County Crime Lab confirmed their beliefs, he said.

Nevertheless, Patz says, because the case is so serious, it's only appropriate it be referred to a grand jury.

"We don't want to leave any stone unturned here," Patz said.

Diane Poulton, spokeswoman for the Lake County Prosecutor's Office, said the jury, comprised of six people, will determine whether to indict Burkland. No date has been set for the grand jury to deliberate this case, Poulton said.

Marco Manzie, Thomas' uncle, said the decision to present the issue to a grand jury "doesn't sound right."

"We're hoping we'll get down to the truth," Manzie said. "We're uncomfortable that the police are taking Jerry Burkland's side of the story."

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3/1/07
 
Dallas, Texas

From DallasNews.com of March 1, 2007
Suspect shot during burglary

Police said a suspect was shot in the leg during an attempted burglary at a West Dallas fabricating business early Thursday morning.

Police were investigating reports that the owner of the business caught two men attempting to break in and shot, wounding one suspect in the leg. A second suspect ran from the scene of the burglary in the 3100 block of Sylvan Avenue, just west of downtown, police said.

There was no indication that the suspect who fled was shot and the condition of the suspect who was wounded was not known.

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