4/30/07
Huntsville, Alabama
From the Huntsville Times of April 30, 2007
Huntsville homeowner kills intruder
One man was shot and killed as he allegedly broke into a residence at 900 Julia Street just before 4 a.m. today.
According to Huntsville police reports, a man was startled by a loud banging at his front door, and he and his roommate armed themselves and went to investigate. They discovered someone kicking in the front door, and one of the offenders was shot and killed as he entered the residence with a pistol in his hands.
The other offender ran away.
The names of the victims and the person who was shot and killed were being withheld early today.
From the The Huntsville Times of May 1, 2007
Man who killed intruder unlikely to face charges
An apartment resident who shot and killed an armed man who broke down his apartment door will not likely face charges, Huntsville police said.
Police investigators are looking at the incident as self-defense, police spokesman Wendell Johnson said Monday afternoon.
Police identified the intruder as Demarcus Williams, 26, of 3406 Elizabeth St.
The identity of the shooter, who lives at 900 Julia St. No. D, is being withheld by Sgt. Ed Cain of the major crimes unit, Johnson said.
Johnson said the man and his roommate were awakened about 3:15 a.m. Monday when someone tried to break in the front door. The two residents armed themselves, he said.
Williams, who was wearing a mask and had a gun, came into the apartment after kicking down the door, Johnson said. One of the residents shot and killed Williams.
"When somebody breaks in your house and you are in fear of your life, you have the right to self-defense," Johnson said. "But it's still under investigation."
Johnson said police are not releasing why Williams broke into the apartment and Johnson did not know if Williams and the apartment residents knew one another.
Investigators will decide whether to send the results of their investigation to the district attorney for further review, Johnson said.
Williams' shooting death was the city's seventh homicide of the year.
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Labels: AL, home invasion
4/28/07
Swansboro, North Carolina
From the Wilmington Morning Star of April 28, 2007
Swansboro High student, Paul Allen Kuerbitz, 18, of Windy Rush Lane in Cary, was charged with breaking and entering, possession of firearm with altered serial number, possession of a stolen firearm, larceny after breaking and entering, obtaining property by false pretenses, and attempted breaking and entering, the sheriff's office said.
Kuerbitz was arrested after a homeowner who had already been burglarized twice confronted a man attempting to break into his Stella Road home, the sheriff's office said. The homeowner, armed with a shotgun, began to question the man, who ran to a pickup truck and drove away.
The homeowner called county detectives, who traced the truck to Kuerbitz. On Tuesday, the detectives spoke with the high school senior, who was identified by the homeowner as the man who attempted to break into his house, the release said. Three guns stolen from the Stella Road home were recovered during the investigation, the sheriff's office said.
Labels: NC, residence robbery
West Covina, California
From the San Gabriel Valley Tribune of April 28, 2007
Man fires at 3 dogs mauling cat
A man opened fire on a group of dogs as they mauled his cat Friday, officials said.
The incident occurred about 8:50 p.m. in the 1500 block of Elgenia Avenue, said West Covina police Lt. Dan Brooks.
The cat's owner observed a pit bull, a German shepherd, and a mixed-breed dog attacking his pet cat and grabbed a handgun to defend it, said Brooks.
The man went outside to aid his pet and the dogs charged at him, prompting him to fire a single shot, Brooks said.
The bullet struck the ground and the dogs ran away unharmed to a nearby house, which turned out to be the home of the dogs' owner, said Brooks.
The cat was killed in the attack, Brooks .
Brooks said the man will face no charges, as he did nothing wrong and was only acting to defend himself and his property, officials said.
The owner of the three dogs was cited for leash law violations by animal control officials, added Brooks.
4/27/07
Fresno, California
From the Fresno Bee of April 27, 2007
Man acquitted in neighbor's killing
Jury unanimously finds James Grove not guilty of manslaughter in his retrial.
Three years ago, a jury was split over whether rancher James Grove, 69, was guilty of killing his 61-year-old neighbor in the rural outskirts of Fresno.
But after a three-day retrial in Fresno County Superior Court, jurors announced a unanimous verdict Thursday.
All 12 found him not guilty of manslaughter -- though they wavered on that decision significantly during two days of deliberations.
Grove's supporters broke out in tears. One started clapping. Another said, "Thank you."
Grove raised his hands in the air, and his defense attorney, Ernest Kinney, clasped his hands around his client's shoulders.
"It's been a nightmare," Grove said moments after the verdict was read. "I'm just glad this part is over."
By "this part," Grove meant the criminal charges.
A wrongful-death lawsuit his former neighbor's family filed against him is still pending.
Kinney said the suit seeks $3.5 million.
Relatives of George Barber, the man Grove shot and killed in February 2002, could not be reached for comment.
A year and a half ago, Grove turned down a prosecutor's offer to plead no contest to a lesser crime and be put on probation but not serve jail time, Kinney said.
Instead, Grove insisted on a trial -- risking a potential 21-year prison sentence if convicted.
Grove and Barber lived relatively peacefully for years while they shared a fenced property line in the rural eastern limits of Fresno.
But then in the late 1990s, they started squabbling over almost everything -- loose dogs, overflowing irrigation and nasty-smelling smoke.
The men "hated each other," Fresno County prosecutor Jon Skiles said in his closing arguments Wednesday.
The smoke from Barber's chimney -- contaminated by a wood preservative burning in his fireplace -- would waft into Grove's property and bother his wife. One day, as the plumes of smoke rose again, Grove snapped, Skiles said.
The 400-pound Barber had been shot in the stomach. He died the next day in a hospital.
Grove meant to kill his neighbor, Skiles said. But Kinney said his client reacted in self-defense.
Five months before he was killed, Barber showed Grove a new handgun he had bought, Kinney said. He said that during the following months, Barber tried to make it clear to Grove he kept it in his coat pocket. Barber suggested they settle their dispute with a gunfight, Kinney said.
He said Grove shot Barber only after Barber reached in his coat pocket and told him, "I'm going to shoot you."
In the end, jurors agreed with Kinney.
They deliberated for less than two days -- but changed their minds quite frequently, said Kinney, who talked to the jurors after the verdict.
At first, 10 jurors believed Grove should be convicted. Only two felt otherwise.
But, Kinney said, jurors swung the other way after they carefully read a state law that states a person can still act out of self-defense even if the person confronts -- instead of flees -- someone perceived to be a threat.
"It says right here -- you don't have to go to safety," Kinney said.
Labels: altercation, CA
4/26/07
Spokane Valley, Washington
From Spokane’s KREM.com of April 26, 2007
Pit bulls shot and killed by neighbor
A man who claims he felt threatened by his neighbor's two pit bull-mixes shot and killed both dogs.
The incident happened on the 12000 block of East Broadway. The daughter of the dog owners came home to her parents' house, who were not home at the time. She let the two pit bull-mixes out of the house when she arrived; those dogs got into a neighbors' yard. The woman called for the animals and heard a yelp. Spokane Valley Police say the man shot and killed the dogs with a rifle.
The dogs were burried less than an hour after they were shot. Spokane Valley Police say the neighbor was justified in shooting the dogs if he felt threatened. The daughter of the dog owner tells KREM 2 News she has seen her neighbor point a rifle at the dogs before.
Germantown, Pennsylvania
From Philadelphia’s NBC10.com of April 26, 2007
Witness: Robber Shot In Struggle Over Gun
A man is hospitalized after police said he was shot trying to rob two people in Germantown Thursday afternoon.
NBC 10 reported that a neighbor had gone to visit a friend on the 400 block of East Woodlawn Street around 2:30 p.m. and the incident happened when he came out of the house.
"When he came outside of the house, a young man jumped up on the porch and approached them, and had a gun, and was attempting to rob them, and then during the robbery and a struggle went on and the gun discharged," said Sam Brackeen, a friend of the neighbor.
The alleged would-be robber was shot in the head and chest. He is listed in critical condition at Einstein Medical Center.
Police are still investigating the incident.
There is no word on what charges, if any, will be filed against any of those involved in the incident.
Labels: criminal's gun taken away and used against him, PA, street robbery
Brunswick, Georgia
From the Jacksonville Times-Union of April 26, 2007
Brunswick man acquitted in shooting death
A Brunswick man has been acquitted in the shooting death of another man in the parking lot of a Glynn County apartment complex two years ago.
Moses Emanuel Walker, who testified that he acted in self-defense, was found not guilty of murder and voluntary manslaughter charges in the death of Darrell Hobbs, 27, of Brunswick on Nov. 9, 2005, outside Camelia Apartments, 5800 Altama Ave.
A Glynn County jury deliberated about five and a half hours before acquitting Walker, 26. The verdict Wednesday night ended a trial that began April 18.
Hobbs was shot twice at close range with a .40-caliber Glock semiautomatic pistol. Walker was seated at the steering wheel of his car when he shot Hobbs who was standing outside at the driver's door, a Glynn County police investigation showed.
The shooting occurred during an argument about a woman, according to the investigation.
Walker testified that he believed Hobbs had a gun, and shot him as he appeared to be reaching for the weapon.
Hobbs had a criminal record, including convictions in 2004 for possession of cocaine with intent to distribute, and possession of less than 1 ounce of marijuana. He also had been convicted of sale of cocaine in 1997, Georgia Department of Corrections records show.
Glynn police records show Walker had been identified as a suspect in six complaints reporting either family violence or public disturbances from 2002 through 2005. Walker had been arrested for criminal trespassing in January 2005 following a domestic dispute involving a sister at their mother's home, according to the police records.
Labels: altercation, GA
Augusta, Georgia
From Augusta’s WRDW.com of April 26, 2007
Man shot during home invasionFrom Augusta’s WJBF.com of April 26, 2007
A man is recovering from a gunshot wound to the chest after breaking into a house just before 4 o'clock this morning at 3721 Lexington Drive in Augusta.
Deputies say a woman living there shot the man once. Then he ran across the street tossed the gun and was found later lying on a picnic table.
He is being treated at MCG.
Homeowner Fights BackFrom Augusta’s WRDW.com of April 26, 2007
The WJBF News Channel 6 Crime Tracker reports an arrest in an early morning, violent break-in in South Augusta. Happened shortly before four-thirty this morning, on the 37-hundred block of Lexington drive -- that's just off Rosier Road in South Augusta. The homeowner was no easy mark. She fought back against her attacker. It looks like the victim stopped the suspect in his tracks. The victim is a 57 year old woman who lives alone. But that only made her more prepared to protect herself. Even though she was abruptly awakened while asleep, it didn't take long for her to come to her senses and take aim at the suspect who turned out to be a neighbor. The Mount Vernon subdivision is usually quiet, but that peace was broken in this Lexington Drive home this morning. Detectives say 19 year old Justin Brent Haynie got into his neighbors home while she slept and put a knife to her throat.
Sgt. Calvin Chew, Richmond County Sheriff’s Office: “He jumped on the bed and he started trying to cover her mouth because she was shouting.”
During the struggle Sergeant Calvin Chew says the victim, a 57 year old woman who lives alone somehow managed to grab her .357 off the nightstand. That was something haynie (sic) didn't know. Detectives say as haynie (sic) walked behind her with a knife to her neck, she quickly spun around and shot him in the stomach. Haynie grabbed her gun and ran. But he didn't get far.
“It was really shocking to me that something like this would happen.”
It was a little after four in the morning when Joann Hatchell heard voices. She says she saw police and the suspect in her backyard.
“Then I looked over at my picnic table and this young man was sitting there that was bloody front and back.” “He turned sideways and I recognized him. I said Brent.” “Is that Brent?”
Hatchell says she knows Haynie and he would often offer to help her out in the yard. He lives next door with his grandparents.
“I just think it's a sad situation that things like this happen.”
The victim wasn't seriously hurt, just a few scratches on her neck.
“This is actually the perfect scenario for self-defense and protecting your home and family.”
“A lot of time you hear about gun control and so forth but she was able to use her gun to protect herself in her home.”
Haynie is in serious condition in a local hospital. He's expected to be o.k. A list of charges is waiting on him when he gets out. They include burglary, kidnapping aggravated assault and weapons charges. The homeowner is not facing any charges. Investigators say there was no sign of forced entry. The suspect may have come in through an unlocked door.
Teen breaks into neighbor's house, ends up shot
He broke into her home...so she shot him.
19-year-old Justin "Brent" Haynie was arrested this morning for breaking into the home of his Lexington Drive neighbor, Theresa Wachowiak.
The 56-year-old woman shot him before he escaped, and he survived.
It was a burglary gone bad for Haynie. Little did he know his target was within arms reach of a revolver.
"Terrible. Scary, really," said neighbor Joann Hatchell. "I looked and this guy was sitting here and I didn't recognize him."
19-year-old Justin "Brent" Haynie was slumped over Hatchell's picnic table. He'd been shot.
"I said, 'Oh my God, that's Mary's grandson'," Hatchell told News 12.
The young man lived next door and often helped Hatchell with yard work, which is why she never imagined he'd break into the home of another neighbor, 56-year-old Theresa Wachowiak.
Woken up at 3:30 a-m, Wachowiak was startled by the intruder.
"She was initially, but she's a strong lady," said Sgt. Calvin Chew of the Richmond County Sheriff's Office.
Sgt. Chew says what she did next may have saved her life: "She had a gun in her nightstand, and she was able to retrieve the gun during the assault and ended up shooting the suspect."
Shot in the chest, Haynie then left, leaving a bloody trail to Hatchell's yard.
News 12 found Haynie's cousin, Patrick, who didn't want his face shown on TV.
"I think that I'm glad he's still living, but maybe it'll make him not do some of the things he's done," Patrick Haynie said.
Hatchell, whose morning was unlike any other in her lifetime, fears what could have happened.
"Do you own a gun, and if not, do you want one now?" we asked her.
"Yes. I would love to have a gun," she said. "I'm telling you, you're not safe anymore."
Brent Haynie is still recovering from that gunshot. He faces several charges, including burglary, aggravated assault, kidnapping and possession of a knife during the commission of a crime.
We're told relatives have not been allowed to visit Haynie in the hospital because he's been placed under arrest.
Labels: GA, home invasion
Decatur, Alabama
From the Decatur Daily of April 26, 2007
Alleged robber who had gun pulled on him now in custody
A robber, who ran after a would-be victim pulled a gun on him, is now in custody, Decatur police said Wednesday.
With a towel wrapped around his hand to give the impression he was armed, Nicholas Bernard Lawson, 23, of 623 Central Parkway, Apt. No. 6, took cash and a pizza off a Domino's employee outside his apartment building on Jan. 11, police said.
The robbery took place amid the rash of armed robberies of pizza deliverymen earlier this year that prompted that particular driver, 52-year-old Rolando Zargosa, to arm himself while working his part-time job.
Zargosa told the masked robber that his wallet was in the car and went to get it, but instead reached into his pocket and pulled out his pistol.
The robber fled into a breezeway between the apartments, spilling the pizza, when he saw the gun.
Sgt. Chris Jones said police developed Lawson as a suspect and arrested him Tuesday on a charge of first-degree robbery. He will be taken to Morgan County Jail and held in lieu of $25,000 bond.
Labels: AL, pizza delivery driver, street robbery
Charlotte, North Carolina
From Charlotte’s WSOCtv.com of April 26, 2007
Cab Driver Shot, Then Shoots Back During Attempted Robbery
3 people could be charged with trying to rob a car driver in East Charlotte. It all happened around 11:30 on Wednesday night. The cab driver pulled up in front of a home on Wilora Landing Road. Three people in the cab attempted to rob the driver. A scuffle ensued and the driver was shot in the ring finger. During the struggle, the cab rolled into the porch of the building. The driver was able to wrestle the gun away from one of the suspects. He then shot that person in the leg and shoulder. The injuries to the cab driver and robber are non-life threatening. All three passengers in the cab are in police custody.
Labels: criminal's gun taken away and used against him, defender shot, NC, street robbery
Fort Worth, Texas
From the Fort Worth Star-Telegram of April 26, 2007
Clerk says he fatally shot man trying to rob storeFrom Fort Worth’s CBS11tv.com of April 27, 2007
A store clerk who fatally shot a man Wednesday evening told police officers that the man had tried to rob him at gunpoint, interim Police Chief David Miller said.
The 23-year-old clerk, who was not identified Wednesday night, told police that two men broke into Fabulous Urban & Sportswear in the 3300 block of Mansfield Highway after the store closed, Miller said.
The clerk said he shot one of the intruders in the chest and leg with a gun kept at the store before calling police about 9:20 p.m., Miller said.
The man was pronounced dead at John Peter Smith Hospital in Fort Worth at 9:56 p.m., Miller said.
The store's manager, who identified himself as the clerk's uncle, said the robbers' weapons appeared to be Uzis. The man who was shot put his weapon to the clerk's head, he said.
"He did what he had to do," said the manager, who declined to give his name. "It was self-defense."
The manager said he moved to the area because of Hurricane Katrina. Since then, the store has been broken into at least four times, but this was the first armed robbery, he said.
Police were questioning the clerk late Wednesday and had not decided whether to charge him, Miller said.
The second robber was arrested, he said.
DA: Forest Hill Clerk Killed Man In Self Defense
In the attempted robbery gone wrong, a store clerk turned the tables on two men armed with a Tech-9.
Around closing time on Wednesday night, 21-year-old Michael Walker and 21-year-old Andrew Fobbs went into the Fabulous Urban and Sports Wear with intentions to rob it, say police.
Click here to see the store's surveillance video showing the dramatic standoff between the clerk and Walker.
The suspect and the clerk wrestled for each others guns. That's when the suspect let go of his to reach for the clerk's.
As they both fight for control of the weapon, the clerk shot Walker in the chest and leg. Walker later died at the hospital.
Meantime, the other suspect, made a run for it. But he couldn't get out because the door was locked.
The clerk called 911 and kept him there at gunpoint until police arrived.
The clerk won't face any charges because the District Attorney said it was a clear case of self-defense.
Labels: business burglary, criminal's gun taken away and used against him, TX
St. Albans, West Virginia
From the Charleston Gazette of April 26, 2007
Booker’s shooting death called self-defense
The shooting death of former Capital High School basketball star Lawrence “L.B.” Booker in St. Albans last week was “self-defense,” a St. Albans police officer said Wednesday.
Police responded to the shooting in the early morning hours of April 17. They spoke with Justin Johnson, who told police he had shot a man who attacked him with a gun in the parking lot of his apartment at 741 Holley St., according a search warrant for a Jeep Grand Cherokee spotted at the crime scene.
Booker, 23, of Dunbar, and a “company of other people” may have been trying to rob Johnson when shots were exchanged, said Lt. James Agee of the St. Albans Police Department.
“Booker and other parties came to St. Albans and put a gun to [Johnson’s] head,” Agee said.
After being shot twice, Booker was taken in the Jeep by a woman to Thomas Memorial Hospital in South Charleston, according to the search warrant. He later died at CAMC General Hospital.
“Mr. Johnson shot Mr. Booker, that much we know,” Agee said, adding that police recovered guns carried by both Booker and Johnson.
“Our belief is [Johnson] was going to be a victim of some violence [and] was defending himself,” Agee said.
Police have not charged anyone in the incident, but Agee said investigators are still seeking information from “people of interest.” An arrest will likely be forthcoming, he said.
Johnson cooperated with police on the night of the shooting, Agee said.
As a senior in 2001, Booker was a first-team All State basketball player for Capital. The season was highlighted by a game-winning, last-second 3-pointer in the state AAA finals against George Washington High School.
Labels: street robbery, WV
4/25/07
Dallas, Texas
From the Dallas Morning News of April 25, 2007
Police: Man kills daughter's boyfriend
A Dallas man fatally shot his daughter's estranged boyfriend in Pleasant Grove late Tuesday after he attacked her, police said.
Byron Hutchinson, 20, died at a local hospital. Larry Overshown, 54, was arrested on suspicion of murder. He was being held Wednesday in the Dallas County Jail in lieu of $25,000 bail.
According to police, Mr. Hutchinson and the woman had been having problems, and she obtained a protective order against him. She has a child with him, police said.
Mr. Hutchinson came to the residence in the 900 block of Cedarvale Court about 9:30 p.m. Tuesday. Witnesses told police that he began hitting and shoving the woman in the yard.
Mr. Overshown came out of the house and told Mr. Hutchison to stop attacking his daughter, police said.
Witnesses told police that Mr. Hutchinson tried to hit Mr. Overshown, who then shot him once in the chest. Mr. Overshown called the police.
"He was a very cooperative and concerned parent," said Sgt. Gene Reyes, a homicide unit supervisor. "He got tired of this Byron Hutchinson coming over and causing problems for his daughter."
A grand jury will decide whether Mr. Overshown will be indicted.
Labels: domestic dispute, stalking, TX
Watsonville, California
From the Santa Cruz Sentinel of April 25, 2007
(Scroll down)
Man shot in fight with housemate
One man was shot and another suffered injuries to his upper torso after one roommate shot another in an apparent act of self-defense Tuesday, sheriff's deputies said.
About 7:20 p.m. deputies responded to a shooting in the 1000 block of Trabing Road just outside Watsonville along Highway 1 at a house occupied by nine men in their 50s, according to Sgt. Bob MacAulay.
When they arrived, they learned that one man had become enraged and for unknown reasons started pounding on the door of a fellow roommate. When he couldn't gain entry, he went to another door and once inside attacked the man with a club.
The victim, whose right hand was already in a brace, grabbed a pistol and shot the attacker, hitting him in the neck, MacAulay said.
He was transported by helicopter to a San Jose trauma center. It wasn't known if his injuries are life-threatening. The man who was clubbed was taken by deputies to Watsonville Community Hospital for treatment.
MacAulay said it appears the shot was fired in self-defense. He didn't know if drugs or alcohol played a role in the incident. The incident remains under investigation, MacAulay said.
Los Angeles, California
From the Boston Globe of April 25, 2007
Cops: USC students hold off gunman
Students wrested a gun away from a University of Southern California student who had been asked to leave an off-campus party after threatening a young woman, police said Tuesday.
Zao Xing Yang, 19, was arrested early Sunday and is being held without bail, Chief William Bratton said at a news conference.
Some students at the party, held at a student's home, overheard Yang making intimidating statements to the woman and threatening her with violence about 3 a.m. Sunday, Bratton said.
Yang began arguing with the host, who noticed Yang was holding a gun, he said.
"Several students wrestled the gun away from Yang and held him until campus security and then LAPD officers arrived," Bratton said.
Detectives searched Yang's off-campus room Monday and found a safe containing methamphetamine packaged for sale, a .44-caliber Magnum revolver and several hundred dollars in cash, Bratton said.
Yang is charged with making criminal threats, assault with a firearm and personal use of a handgun. If convicted, he faces up to 18 years in prison.
Labels: assault, CA, criminal's gun taken away and used against him, student defender
4/24/07
Gastonia, North Carolina
From WSOC of April 24, 2007
Gastonia Man Says He Shot Intruder Through His Door
A Gastonia homeowner says he shot a man through the door of his Log Cabin Road home early Tuesday because the man was trying to break-in.
"I just wasn't going to allow (the break-in) to happen. I had no idea what his intentions was and I wasn't going to find out," he said.
The homeowner, who didn't want to be identified because he's still frightened, says he was sitting in his house when some time after midnight one of his young children heard something at the front door.
"My oldest child alerted me that there was someone on the porch trying to get in," he said.
He grabbed his pistol and started walking to the door, but before he got there it began to open.
"I saw the door open and I began to fire. I purposely aimed down. I didn't want to kill nobody," he said.
The intruder came very close to getting inside, but instead ended up running to a car waiting nearby.
"I fired over their heads and scared them off," the homeowner said.
Police say a short time later the intruder was dropped off at Gaston Memorial Hospital with gunshot wounds to one leg. He had to be flown to Carolinas Medical Center for treatment.
Investigators are still trying to determine whether the homeowner fired in defiance or self defense. Gun laws in North Carolina say homeowners are justified using any degree of force if they believe the intruder is a threat or think the intruder intends to commit a felony.
Labels: home invasion, NC
Akron, Ohio
From the University of Akron‘sThe Buchtelite of April 24, 2007
Student fires gun near campus
APD and UAPD seek help finding suspect after late-night altercation on Cross Street on Thursday
Two men fired shots at each other Thursday morning near campus. Andre Darnell Smith, a 30-year-old part-time University of Akron student, allegedly fired at 23-year-old Terrell Garr at Garr's apartment on Cross Street, according to police reports.
The incident occurred at approximately 1 a.m. after Smith approached Garr's apartment and knocked on the door asking for the location of a fraternity while allegedly brandishing a gun. Garr told Akron police he ran upstairs to retrieve his roommate's gun and when he returned, Smith was in the middle of the road and fired at him. Garr returned fire, claiming it was self-defense.
No one was hit.
Following the incident UA released a special edition Zipmail requesting students' help.
"The City of Akron Police Department and the university are requesting your help in locating a suspect involved in an off-campus incident," the Zipmail said. "If you know about the location of the suspect or have any information about him, please contact APD or UAPD."
Smith is described as black, approximately six feet tall and weighing about 250 pounds. APD and UAPD are looking for Smith, who faces charges of aggravated burglary and felonious assault. There are warrants for his arrest.
Labels: assault, home invasion, OH, student defender
4/23/07
Ville Platte, Louisiana
From the April 18, 2007 Associated PressInternational Herald Tribune:
VILLE PLATTE, Louisiana: A woman and her estranged husband killed each other when he came to her house in spite of a restraining order, authorities said.
Brenda Ortego Prudhomme, 59, and her husband, Carroll Wayne Prudhomme, 61, shot each other Monday at the rental house where Brenda Prudhomme had moved a few weeks ago, Ville Platte police Sgt. Linton Fontenot said.
He said the couple divorcing and "it wasn't going well" The Daily World reported Wednesday.
"He broke into her apartment and shot at her once but missed," Fontenot said. "She ran to the utility room where he shot at her again, this time hitting her in the torso."
She had retrieved a weapon, apparently stored in the utility room. "She returned fire, hitting him in the abdomen," Fontenot said. Both died at a hospital.
Labels: domestic dispute, home invasion, LA
Jacksonville, Florida
From Jacksonville’s FOX30Online.com of April 23, 2007
Man Attacked, Shoots Suspect in Self Defense
A man fought back against his attackers Sunday night in Arlington by pulling a gun and firing. One of the suspected attackers was shot in the chest. The 17-year-old suspect is expected to survive.
Police say the victim fired in self defense and is not facing any charges at this time.
Police say the man was justified in shooting because he told police he was in fear for his life. Had he fired while the suspects were running away, he could be facing jail time.
“If the suspect is running away, there is not a threat of them hurting you,” Melissa Bujeda, the public information officer for the Jacksonville Sheriff’s Office, said.
The man was riding his bicycle on Merrill Road Sunday night, when two people attacked him, police said. In retaliation, the man pulled a gun, fired it and hit one of his attackers in the chest. He was taken to the hospital where he is expected to recover from his injuries.
The two suspects were arrested and charged with battery.
Cleveland, Ohio
From the The Plain Dealer of April 23, 2007
Robber, 15, fatally shot by would-be victim
A 25-year-old Cleveland man shot and killed Arthur C. Buford, 15, after the boy tried to rob him, police said. Buford was shot in the chest at 8:30 p.m. Saturday and taken to MetroHealth Medical Center, where he was pronounced dead about an hour later, according to Cleveland police spokesman Thomas Stacho.
Buford and an accomplice reportedly robbed a man at gunpoint on the porch of his house near East 134th Street and Kinsman Road. Stacho said the robbery victim had just walked home from a nearby store. Stacho said the robbery victim, whose name was withheld, told police he pulled his own gun and shot the teenager, who staggered away and collapsed in the street. The accomplice banged on neighbors' doors for help before fleeing, Stacho said.
From the Wilmington News-Journal of April 25, 2007
Man carrying concealed gun fatally shoots robbery suspect
A man pulled a gun from a shoulder holster and shot a teenage robbery suspect in one of the first fatal shootings in the state involving a concealed carry permit holder, police said.
Damon Wells, 25, was walking from a neighborhood store back to his east side home Saturday night when two youths confronted him. 'One pulled a gun and told him, 'Don't move or I'll pop you,' said police Lt. Thomas Stacho. 'He said he thought he was going to die.'
Wells put his hands up and walked to his front porch, then pulled his gun and shot 15-year-old Arthur Buford several times in the chest, Stacho said. Buford stumbled away and collapsed on a sidewalk where he died. The other suspect fled.
Police released Wells on Monday without filing charges, but city prosecutors will continue to investigate the case, Stacho said. Police were holding Wells' .40-caliber Smith and Wesson as evidence.
Wells has an unlisted phone number and could not be reached for comment.
Stacho did not know of any other fatal shootings in Cleveland involving a person with a permit to carry a concealed gun.
More
From Newsnet5 of April 27, 2007
NAACP Leader Calls Homicide Among Young Black Men Epidemic
The Cleveland NAACP responded Friday to criticism surrounding the shooting death of a teenage boy during a robbery.
NAACP President George Forbes and Cleveland Councilman Zach Reed said the black community failed 15-year-old Arthur Buford, NewsChannel5 reported.
They said Buford was wrong for allegedly trying to rob Damon Wells at gunpoint on Saturday.
Wells opened fire and killed Buford at East 134th Street and Kinsman. Police said Wells had a valid weapons permit and used the gun in self-defense.
"Then you have a 26-year-old young man who had every right to protect his life, protect his fiance and protect his property. But he has to life with the fact that for the rest of his lie he shot a 15-year-old boy," said Reed.
"That man had a right to do what he did. If he didn't do it, we'd be sitting here today mourning him rather than the 15-year-old," said Forbes.
They pointed out that homicide is the leading cause of death for black men 15 to 24.
Forbes said that if we saw those kind of numbers for an illness, the community would be outraged.
He said the community should also treat this as an epidemic.
Labels: concealed carry permit, minor offender, OH, residence robbery
Sacramento, California
From Sacramento’s CBS13.com of April 23, 2007
Security Guard Shoots, Kills Man Near Sac State
A security guard has shot and killed a man near Sac State this morning.
The shooting happened around 4:00am this morning on University Avenue near Howe Avenue.
Police say a security guard approached three men gathered around a vehicle. The men reportedly jumped in their car, then raced right at the guard who pulled his gun and fired into the car.
The 19-year-old victim was taken to the UC Davis Med Center but he has died..
Police say it appears the security guard fired in self-defense but they are continuing their investigation.
Memphis, Tennessee
From Memphis’ MyEyewitnessNews.com of April 23, 2007
Robber Killed During Home Invasion Robbery
Memphis Police are investigating a home invasion robbery in North Memphis. It happened just after midnight on Monday morning, April 23rd in the 1200 block of Clearpark Drive.
Police say there were two men in the home. The two robbers then forced their way into the home, where they met the two men who live there. A struggle ensued over a gun and one of the robbers was shot and killed. The other robber fled the scene. One of the men in the house was shot in the arm, but will be okay.
Labels: criminal's gun taken away and used against him, defender shot, home invasion, residence robbery, TN
4/21/07
Falls City, Nebraska
From the Lincoln Journal Star of April 21, 2007
Jury finds Stella man not guilty in shooting death
Richardson County District Court jurors found Dennis L. Lockard not guilty of second-degree murder Saturday morning in the Aug. 18 death of James Nutile, 32, of Humboldt.
Lockard embraced his attorney, James Martin Davis, of Omaha, after the verdict was read at 10:53 but then left the courthouse without comment.
The case went to the jury of seven men and five women on Friday, after a week-long trial. Lockard, 39, of Stella, faced charges of second-degree murder and use of a firearm to commit a felony. He was found not guilty on both.
In closing arguments, defense attorney James Martin Davis said his client obeyed one of the oldest laws in human history: the law of self-preservation. Lockard testified during the trial that after he fired a warning shot meant to stop a fight between Nutile and another man, Nutile rushed Lockard, grabbing him with one hand while "slashing" him with the other. As Lockard fell, he felt he was being stabbed, Davis said.
Assistant Nebraska Attorney General Corey O'Brien, who helped prosecute the case, said Lockard could have chosen many options that would have left Nutile alive. Instead, he introduced a gun into a fistfight, making a volatile situation worse.
What was not disputed was that Nutile was partying with friends outside a house on Main Street in Stella while Lockard was visiting his parents next door. Nutile got in a fight with one of his friends, and Lockard tried to break it up by firing a warning shot with a .40-caliber handgun.
After the warning shot, Nutile rushed Lockard and knocked him down. Lockard fired two more shots from the gun, both of which struck Nutile in the chest.
One major dispute involves Nutile's position after he pushed Lockard. Four eyewitnesses to the shooting, who testified for the prosecution, said Nutile was standing when the bullets hit him. Lockard and his 19-year-old son, who also witnessed the shooting, both testified that Nutile was on top of Lockard.
A pathologist's testimony seemed to support Lockard's version because gunpowder residue recovered from Nutile's shirt showed that one of the fatal shots was fired from no farther than a foot away. Tests couldn't determine the distance from the other shot.
Jurors also heard from Terry Davis, a forensic psychiatrist from Omaha, who said enough methamphetamine was present in Nutile's blood to say with certainty the drug was having an effect on him. People on meth can be violent, aggressive, psychotic, anxious and delusional, among other behaviors, the psychiatrist said.
(More about the trial)
Grants, New Mexico
From the Gallup Independent of April 21, 2007
Grants man holds gun on escapee
A recent failure of an inmate to report back to authorities after a furlough ended in a local resident holding the man at gunpoint until authorities arrived.
After an incident in March 2006, charges were filed against Paul Valdez by the N.M. State Police on numerous counts, including armed robbery, aggravated burglary, two counts of breaking and entering, and the unlawful taking of an automobile.
Recently Valdez was found incompetent to stand trial; so, he was transported early this month by the Sheriff's Department to Las Vegas, where people are sometimes sent while officials make a determination of their competency to stand trial.
While he was in the Las Vegas institution, his uncle, Gino Valdez Jr., died, and Valdez was to be a pallbearer at the funeral. Valdez was transferred back to the Cibola County Detention Center and was released April 9 on a 24-hour furlough.
His family then drove Valdez back to the detention center, but he never made it inside; instead, he ran across the street from the facility. As soon as law enforcement was notified, a massive police presence initiated a search for the fleeing Valdez.
After a two-hour search, a local resident notified authorities that Valdez had been hiding in the brush and bushes. The resident had a gun and had made Valdez lie down on the ground until authorities arrived. Valdez did not resist. He is now back in custody.
Although all ended well, the outcome could have been worse.
"(If) that citizen had shot Valdez, this could have been a different story. As citizens, you do have the right to make a felony arrest in your presence, but you cannot use undue force. There is a fine line there, so check on the laws first or you may be explaining your actions before a jury of your peers," Hall said.
Valdez now faces additional charges of escape from a criminal detention center.
Hoopa, California
From the Eureka Times-Standard of April 21, 2007
Hoopa clerk pulls gun, shoots alleged robber
A man authorities said attempted to rob a Hoopa convenience store is recovering at a hospital after he was shot by the clerk of the store he was attempting to rob.
The Humboldt County Sheriff's Department said David Lee Moon, 19, of Hoopa, walked into the store off State Route 96 around 7:45 p.m. Thursday, brandished a handgun at the clerk and demanded money.
The clerk, who was not named, then took out his own firearm and shot Moon.
Moon ran from the store and was found 100 yards away, in a trailer park. He was taken to a Eureka hospital by ambulance.
The Sheriff's Department said Moon is in stable condition in the hospital.
Labels: business robbery, CA
4/20/07
Huntsville, Alabama
From Huntsville’s WAAYtv.com of April 20, 2007
Jurors Say Leamon Acted in Self Defense
That's the verdict Friday in a Madison County murder trial. Today's verdict could set a precedent for future cases involving the use of deadly force in the state of Alabama. Leamon is now a free man, and his attorney says today's verdict is a victory for all Alabama homeowners.
After two days of deliberations, the jury reached their verdict just before noon today. Steven Leamon claimed that he fatally shot Christopher Griffin because the victim was trying to kick through his front door in the middle of the night. The shooting happened at Leamon's Huntsville home back in November of 2005. Leamon's attorney Roy Miller says Griffin intended to rob his client.
This could be a precedent-setting case as a result of Alabama's "lethal force law" which was passed by state lawmakers last year. That law allows home and business owners to kill an intruder without penalty if they believe they are in eminent (sic) danger.
Labels: AL, home invasion, residence robbery
Norfolk, Virginia
From the The Virginian-Pilot of April 20, 2007
Man will not be charged in would-be intruder's death
A man fatally shot on Harvard Street in February had been attempting to break into an apartment, and the man who fired will not be charged, Commonwealth's Attorney Jack Doyle said in a letter released Thursday.
It was about 2 a.m. Feb. 28 when Keith Foreman tried to break into a ground-floor apartment at 416 Harvard St., Doyle wrote in a letter to police, after his review of the case. He said a man and a woman were inside the apartment at the time.
One of them called out to the intruder, but he "continued in his effort to pry open the window," Doyle wrote. The man in the apartment fired a weapon, striking Foreman once.
Later that morning, Foreman's body was found nearby.
Foreman had a 1993 conviction related to a break-in at another home on Harvard Street in which a purse was stolen. He also was convicted of voluntary manslaughter in 1994, Doyle wrote in the letter. He fought with a man who died six days later of his injuries, The Pilot reported at the time.
Foreman was 6 feet tall and 308 pounds when he died. The shooter had a reasonable fear that both he and the woman in the apartment were in danger, Doyle wrote.
Labels: home invasion, VA
Lincoln County, Kentucky
From the Cincinnati Enquirer of April 20, 2007
One tough beauty queen
Venus Ramey, 82, shoots tire, stops intruders
Venus Ramey has earned lots of fame in her 82 years.
She was Miss America 1944 and later a candidate for Cincinnati City Council and worked to save Over-the-Rhine's historic buildings. She performed on Broadway and in movies.
Now, though, she's in the news for another reason.
After confronting a man she said was stealing from her Kentucky farm, Ramey pulled out a gun and shot out a tire on his truck so he couldn't leave, allowing police to arrest him and two others.
"He was probably wetting his pants," Ramey said Thursday from her home in Waynesburg, about 140 miles south of Cincinnati.
Ramey was on her Lincoln County farm last week - "Friday the 13th, apropos date, isn't it?" she noted Thursday - feeding a horse when she saw her dog run to a nearby building where she stores old steel-shaping machines, lathes and other equipment.
"This stuff is over 100 years old," she said.
For some time, thieves had been breaking into the building to steal the machines to sell for scrap. She hadn't been able to catch anyone in the act until last week.
She drove over to the building and blocked the truck sitting there.
When she asked a man what he was doing, he replied "scrapping," and said he would leave.
"I said, 'Oh, no you won't,' and I shot their tires so they couldn't leave," Ramey said.
She had to balance on her walking stick as she pulled out a snub-nosed .38-caliber handgun.
"I didn't even think twice. I just went and did it. If they'd even dared come close to me, they'd be 6 feet under by now."
Ramey then tried to flag down people driving by. When one stopped, she asked them to call 911. Eventually, three people were arrested - one at the scene and two others walking on a nearby road.
"They've been stealing from me for years. Those good-for-nothing slobs," she said.
Ramey, who lived in Cincinnati on and off for about 30 years, admitted that she is known for taking chances for what she believes in.
(More about her past)
Labels: female, KY, residence burglary, senior
White Oak, Pennsylvania
From ThePittsburghChannel.com of April 20, 2007
Home Invader Shot; Others Wounded Fighting Back
One man was shot during a home invasion in White Oak, and two others were hurt while fighting the intruder off, according to Allegheny County police.
It happened at about 11 p.m. Thursday in the 100 block of Carmella Drive. (Map)
Police said the 19-year-old shooting victim, who has not been identified yet, was taken to UPMC Presbyterian.
Labels: home invasion, PA
Louisville, Kentucky
From WLKY of April 20, 2007
Clerks Attack Robbers
Police said two men entered Expressway Liquors at the 300 block of Lee Street, pointed guns and demanded cash.
But a clerk had other ideas.
“There was a clerk in the back room who heard the commotion,” owner Kenny Singer said. “He had a weapon with him, as he came out the door, the man was pointing a weapon at him and my clerk just started firing.”
The clerk fired five shots as the robber retreated. Police said Terrance Daniel Wilburn was caught on tape stumbling out of the store after the botched robbery. Police said he or an unidentified accomplice might have been shot.
But Louisville Metro police public information officer Dwight Mitchell said both clerks were lucky that they didn’t get themselves hurt. He said employees should comply with robbers’ demands, be good witnesses and not take aim at robbers.
“(Fighting back) serves as a tremendous risk you’re taking,” Mitchell said. “Does that risk outweigh the outcome?”
Both owners acknowledge a risk, but also a reward.
Just inside Singer’s door is a sign about robbers doing time. Next to it is a sign warning of a potential death sentence.
“When these guys take it upon themselves that they're going to just take a gun and go in and hold up a place I feel sure, one day, one of them's just going to be laying on this floor,” Singer said.
Read more about 2nd clerk with taser
Labels: business robbery, KY
Pensacola, Florida
From the Pensacola News-Journal of April 20, 2007
Two suspects shot
Two men were shot Thursday in separate incidents after they apparently entered homes and were confronted by residents, Escambia County deputies said.
(The report of the first shooting follows this post)
The other shooting occurred about 11 a.m. in the 8100 block of Untreiner Avenue in Ensley, according to the Sheriff's Office.
The report stated DeAngelo James, 23, of the 100 block of Topaz Avenue entered the Untreiner Avenue home of Houston Harris, 70, to talk with Harris' granddaughter.
When the conversation became heated, the woman -- whose identity was not released -- asked James to leave, but he refused, the report stated.
According to investigators, James then put a pillow over her head to smother her. The women faked an asthma attack, and James released her.
She then called the Sheriff's Office, but James ran before deputies arrived. After speaking with Harris and his granddaughter, deputies left the scene to prepare a warrant for the arrest of James, according to the report.
The report noted James then returned, and Harris attempted to hold him until deputies returned.
While waiting, James attacked Harris. During the struggle, a handgun Harris was holding in his pocket went off, shooting James in the mouth, the report said.
James was transported to Scared Heart Hospital, where he was treated for injuries that were not life-threatening, investigators said.
However, the hospital said they had no record of James.
Investigators determined that Harris was justified in his use of force, but the case will be forwarded to the State Attorney's Office for review.
The following charges are pending against James: one felony count of burglary and one misdemeanor count of battery, the report said..
Labels: domestic abuse, FL
Pensacola, Florida
From the Pensacola News-Journal of April 20, 2007
Two suspects shotFrom the Pensacola News Journal of April 23, 2007
Two men were shot Thursday in separate incidents after they apparently entered homes and were confronted by residents, Escambia County deputies said.
Kenneth Russell Pike, 19, was in critical condition at Baptist Hospital late Thursday night after he was shot in the chest.
The shooting happened about 5:15 p.m. in the 2700 block of Hollywood Avenue, Escambia Sheriff's spokesman Sgt. Mike Ward said.
Ward said Sheri Lavvorn, 44, and her daughter-in-law, Shirley Anne Beall, 20, returned to their home on Hollywood and found a door ajar.
When they saw an intruder, whom deputies later identified as Pike, Beall -- who is eight months pregnant -- grabbed a shotgun.
Beall then gave the gun to Lavvorn and called 911, Ward said.
"The suspect tried to leave and pushed Beall to the ground," he said. "Then Pike ran out of the house, jumped into the passenger side of a vehicle, and Lavvorn gave chase."
The driver of the car tried to run over Lavvorn, but Lavvorn shot through the windshield, hitting Pike in the chest, Ward said.
Pike then fled the scene in the car, which was driven by Jeffrey Weyhrauch, 30, of the 200 block of Aquamarine Avenue, and headed to home of Stan Donoway in the 100 block of Topaz Avenue about a mile away, Ward said.
Rodger D. Gastone, who resides next door to Donoway, said the man is Pike's stepfather.
"The car pulled up, and a kid jumped out," he said. "When he got out, he was kind of stumbling -- like he had been drinking."
Gastone said Pike was wearing a white shirt, but it looked red.
"He said, 'I've been shot. I've been shot,' " Gastone said. "Then he went down in the driveway. You could see that he was in bad shape."
Gastone said the Sheriff's Office was on the scene within seconds.
Connie Donoway, Pike's mother, said her son was in intensive care.
"The bullet hit a bone and shattered," she said. "Fragments of it are in his heart."
Pike is scheduled for surgery today, she said.
Burglary suspect on lam
Man slips out of hospital after being shot during alleged break-in attempt
A man who was shot Thursday after he allegedly broke into a residence left a local hospital Sunday before doctors released him, the Escambia County Sheriff's Office said.
It is believed Kenneth Russell Pike, 19, slipped out of Baptist Hospital with the help of family members, investigator James O'Hara said.
"The family members were able to form a tight circle around him to get him past the nurses' station without them knowing it," O'Hara said.
Pike remained at large Sunday night.
"He is still injured," O'Hara said.
Pike is wanted on multiple charges, including principle to aggravated assault with a motor vehicle, burglary with battery, petty theft and criminal mischief, O'Hara said.
(More)
Labels: FL, residence burglary
Madisonville, Ohio
From the Cincinnati Enquirer of April 20, 2007
Man thwarts home invasion
A home invasion abruptly ended early today when a man brandished a rifle at two suspects, a Cincinnati dispatcher said.
Police were called to a home in the 4300 block of Plainville Road about 2:16 a.m. for a report of a home invasion.
When they arrived, a man told them two men broke into the home and forced two women there onto the ground.
He said he pointed a rifle at the suspects, and they ran off.
They are described as two black men in their 20s who wore blue and white handkerchiefs, the dispatcher said.
Labels: home invasion, OH
Oakland, California
From Oakland’s KTVU.com of April 20, 2007
One Dead, One Wounded In Oakland Pizzeria ShootoutFrom SFGate.com of April 20, 2007
An attempted robbery at Coliseum Pizza turned ugly Thursday night, leaving one dead and one wounded, accoridng to Oakland police.
Sgt. Jim Rullamas said a 22-year-old male was killed after he and two other suspects attempted to rob the pizzeria at 8999 International Blvd., according to Rullamas. Police received report of the shooting at 9:37 p.m. and arrived on the scene to find one suspect dead and another victim suffering a gunshot wound.
Police determined that three suspects entered the pizzeria with an assault weapon. The owners of Coliseum Pizza had a weapon as well and shot at the suspects, according to Rullamas. Police do not yet know who fired their gun first.
The second victim of the shooting was the son of the pizzeria owners, Rullamas reported. He was in stable condition at a local hospital.
The two remaining suspects fled the scene on foot and have not been apprehended, according to Rullamas.
Pizza parlor owner shoots, kills suspect
The owner of an East Oakland pizza parlor shot and killed a robbery suspect during a chaotic confrontation during which the owner's son was accidentally shot, police said today.
Three men entered Coliseum Pizza at 8999 International Blvd. shortly after 9:30 p.m. Thursday and demanded money, police said. The owner of the restaurant pulled out a weapon and opened fire, hitting one of the assailants, a 22-year-old man, police said.
The suspect died at Highland Hospital in Oakland. His name was not released today pending an autopsy by the Alameda County coroner.
During the shooting, the owner's son was apparently struck by bullets fired by his father, police said. The son was taken to the hospital with gunshot wounds that were not considered life-threatening, authorities said.
The other two robbery suspects escaped.
In a separate shooting, three suspected gang members or gang associates were shot and wounded when gunfire broke out near 86th Avenue and G Street in East Oakland, 10 minutes after the pizzeria shooting, police said.
Two victims were shot in the leg and the third was hit in the stomach, police said. All three were expected to survive, authorities said.
Labels: business robbery, CA
4/19/07
Hollywood, Florida
From the Pensacola News Journal of April 19, 2007
Man shot in possible home invasion
An unidentified man was shot once in the chest Thursday evening after he allegedly burglarized a home in the 2700 block of Hollywood Avenue, Escambia County deputies said.
Sgt. Ray Robinson said the homeowners returned to their house on Hollywood and found the suspect inside.
One of the residents retrieved a shotgun, while the other called 911, Robinson said.
The suspect attempted to leave the home and pushed one of the residents, knocking her to the ground.
At that time, the other resident fired one shot that hit the suspect in the chest, Robinson said.
The man who was shot was transported to Baptist Hospital. His condition was not known.
Labels: FL, home invasion
Cookeville, Tennessee
From the Cookeville Herald Citizen of April 19, 2007
Police say man shot in apparent home invasion
A man was shot and injured Tuesday night in what law officers say appears to be another "home invasion" case, the second such case reported here in a week's time.
In the Tuesday night case, which occurred on Peppermint Drive, a man named Brian Woods (age and address not available) was shot in the leg, allegedly by a homeowner after two men broke into a home and tried to rob the residents.
Woods was found on the porch of a nearby house, wounded and screaming for help following the alleged break-in, law officers said. He was treated at the scene by Putnam Ambulance medics and then airlifted to a hospital in another city.
According to a report by Putnam Sheriff's Deputy Sgt. David Gibbons, the residents of one house reported that around 9 p.m. Tuesday two men entered the basement of their home and tried to rob them.
"One subject was armed with a shotgun and the other with a SKS rifle," the report says. "The homeowner took the rifle away from one of the subjects and fired, and both subjects fled the scene."
Just moments after that, a neighbor of the victims called 911 and reported that "a male subject was on their porch needing help advising he had been shot."
The injured man allegedly told the deputies he had been driven to the area by a man named Jason and that he did not know where Jason was.
A rifle was found in the area, and Woods allegedly told the deputies that Jason's vehicle was a brown Oldsmobile, but searches of the area that night were unsuccessful, deputies said.
As the case unfolded, many officers and detectives were called in to interview the three residents of the home where the invasion occurred and other witnesses.
Another apparent home-invasion occurred on Joe Martin Road late Saturday night, and it is still under investigation. Carlton Warren, 27, of Nashville, was shot and injured in that incident, and a second man who was later brought to the hospital with a gunshot wound, though investigators are uncertain whether those two shootings were related.
Labels: criminal's gun taken away and used against him, home invasion, TN
Shreveport, Louisiana
From Shreveport’s KTBS.com of April 19, 2007
Men shoot each other during robbery attempt
Two men shot each other outside a Shreveport gas station early today after one got in the car with the other and tried to rob him, police said. The intended robbery victim was critically wounded.
The shooting occurred about 2 a.m. today on the parking lot of the Raceway station at 70th Street and Southern Avenue.
Shreveport police identified the wounded men as Garland Jones, 26, and Jarrett Robinson, 19, both of Shreveport. Both were shot several times, police said.
Detectives said Jones got into the car with Robinson and demanded money. Both started shooting each other as they sat in the car.
Jones faces attempted first-degree murder charges when he is released.
The men who were in a car with Jones were also arrested, police said. Donald Benard, 26, and Alfred Taylor Jr., 31, of Shreveport were booked on attempted murder charges.
Labels: defender shot, LA, street robbery
Reno, Ohio
From the Marietta Times of April 19, 2007
Local jury acquits Reno man of assault
A Washington County jury decided Wednesday a Reno man was justified in clubbing his nephew and firing a gun at a vehicle outside his residence last August.
Mark W. Dunn, 54, of 65 Shady Hill Road, Reno, had faced up to 32 years in prison and $60,000 in fines after he was charged with assaulting his nephew, Jason Dunn, 20, of Marietta, and firing a gun at the man’s vehicle as it pulled from his residence.
Mark Dunn said his nephew arrived at his home drunk and with two friends around 2 a.m. Aug. 28 looking to settle a dispute. He claimed self-defense for clubbing the man and for later firing a gun.
Assistant Washington County Prosecutor Susan Vessels argued Dunn had a responsibility to walk away from the fight. She accused Mark Dunn of not fighting fair by bringing weapons to the fight.
“We can’t live in a society where we let people take the law into their own hands,” Vessels said. “We can’t live in a county where we let people take clubs and guns to a fist fight.”
Mark Dunn testified he tried to convince his belligerent nephew to peacefully leave his residence. When that failed, he said he tried to back the man away from his home with a club. He said that’s when Jason Dunn knocked him to the ground. While still on the ground, Mark Dunn said he began swinging a club at the man’s legs.
“It had no effect,” Mark Dunn said.
As he started to stand, Mark Dunn said his nephew drew his fist back to strike him. That’s when he struck him on top of the head with the club.
“He was towering over me,” Mark Dunn said. “I was going to get hurt. He’s no kid anymore. He’s a big guy.”
Dunn’s attorneys, Rolf Baumgartel and Bill Burton, said Jason Dunn was several inches taller and about 100 pounds heavier than their client at the time of the fight.
After striking Jason Dunn on the head, Mark Dunn said his nephew staggered back and fell against a car. As he went to check on him, he said two other men he hadn’t seen before came at him — one with a stick.
“I asked him what he thought he was going to do with that ... He said, ‘I’m going to defend myself.’ That’s when I said ‘to hell with this, I’m going to get my gun,” Dunn said. “It was three against one. There was two standing and one on the ground and I knew he was going to be getting up soon and that he was going to be double-mad.”
After grabbing a .22 rifle from inside his home, Mark Dunn said he came back out looking for the three men. He said he walked up behind their vehicle when he heard his nephew instruct the driver to run him down with the car.
“I thought they were going to squash me in my own driveway,” Mark Dunn said. “I tried to shoot the tires out. I wanted the car to stop. I was shooting at the tires, not the car.”
After two full days of testimony, the jury of 11 women and one man deliberated for about five hours before reaching the verdict.
Baumgartel said people have an absolute right to defend themselves.
“When you go to someone’s home at 2:15 in the morning and you get hurt — that’s just too bad,” Baumgartel said. “Jason Dunn didn’t just exercise bad judgment, he broke the law.”
Labels: assault, domestic dispute, OH
4/18/07
Columbia, Missouri
From the Columbia Daily Tribune of April 18, 2007
Armed homeowner deters rural burglary
An apparent burglary attempt was thwarted early today when a homeowner armed with a gun confronted an intruder north of Columbia.
Boone County sheriff’s deputies responded at about 3:15 a.m. to the 4700 block of Flamingo Drive. The homeowner reported that an intruder had forced entry through the front door, according to a news release from the sheriff’s department.
After being confronted, the suspect ran from the residence to a car parked in the road near the home, the sheriff’s department said.
Deputies described the suspect as a black male wearing a black mask and black clothing. Anyone with information can call CrimeStoppers at 875-8477.
Labels: home invasion, MO, residence burglary
Hollywood, Florida
From WFTV of April 18, 2007
Father Fatally Shoots Pit Bull After It Attacked Son
A Hollywood father said he fatally shot a pit bull that attacked his sons.
Police were investigating the alleged attacks and have not issued any citations.
But Greg Hernandez said the dog bit his 15-year-old son and cornered the teen and his younger brother in a bedroom of their home.
Hernandez told police he got a neighbor's gun and shot the dog four times. He said the dog came toward him while he was shooting.
There were no serious injuries. The 15-year-old was bitten in the leg.
The dog's owner, Candy Lee Salos, said her dog is usually chained while it's in the backyard and she doesn't know how it got loose.
In March, a pack of dogs, including two pit bulls, left a Deerfield Beach man in critical condition. Last year, a large breed dog (a Presa Canario) fatally mauled his owner in Coral Springs.
4/17/07
Ash Fork, Arizona
From Phoenix’ KPHO.com of April 17, 2007
Store Owner Holds Suspected Burglars At Gunpoint
Two Florida men were arrested in Ash Fork after Yavapai County sheriff's deputies found them being held at gunpoint in the parking lot of a Texaco gas station, a sheriff's office spokeswoman said.
Deputies were called to the Texaco around 12:30 a.m. Monday on reports of a burglary in progress.
When they arrived, they said they found the owner of the store holding 49-year-old Juan Luis Ruiz and 38-year-old Angel Borges Sanchez at gunpoint.
The owner told the deputies he'd found the men at the diesel pumps with the service panel off. The men had keys to the panel that no one but a technician should have had, deputies said.
According to deputies, the men said they'd had trouble getting their credit cards to work, but neither man was found in possession of credit cards or any other form of payment.
Ruiz and Sanchez were arrested on charges of felony trespass, possession of burglary tools and third-degree burglary. Bond for each was set at $25,000.
Labels: AZ, business burglary
Noyo, California
From the Ukiah Daily Journal of April 17, 2007
Suspect shot by victim
The Mendocino County Sheriff's Office has arrested a San Francisco man for attempted murder after he allegedly stabbed a man while trying to rob a boat in Noyo Harbor on Saturday.
According to sheriff's reports, deputies responded to Noyo Harbor at 8:24 p.m. Saturday and found the victim, a 69-year-old Willows man, suffering from multiple stab-wounds to the chest.
The victim was transported to the Mendocino Coast District Hospital for treatment. He told deputies that he had discovered the suspect, Jessie Hawley, 19, of San Francisco, allegedly trying to burglarize his boat.
Hawley allegedly stabbed the victim several times, after which the victim retrieved a gun and shot Hawley three times in the legs, according to the victim's statement.
The victim was flown to the Santa Rosa Memorial Hospital for treatment.
Hawley was arrested later in the evening when he arrived at MDCH seeking treatment for gunshot wounds to the legs. He told sheriff's detectives he had been shot in a different part of town.
Hawley was arrested on suspicion of attempted murder and, after being cleared for his injuries, was transported to the Mendocino County Jail where he is being held on $500,000 bond.
From the April 19, 2007 Fort Bragg Advocate-News:
A 19-year-old San Francisco man and a 69-year old Willows man were hospitalized with gunshot and knife wounds, respectively, following what Sheriff's investigators believe was a burglary gone wrong. According to Sheriff's Office reports, Jessie Hawley, of San Francisco, was arrested at Mendocino Coast District Hospital for attempted murder and taken to county jail after being cleared from the hospital with gunshot wounds to his legs.
At around 9 p.m., Saturday, April 14, a caller to 911 reported that he had been stabbed at a boat, temporarily moored in the harbor near the Wharf Restaurant. Deputies arrived to find that a 69-year-old male subject had been stabbed in the chest.
The victim, whose name was withheld by authorities, told deputies that he returned to his boat and found someone burglarizing it. Sheriff's Office reports said the victim was then stabbed by the burglar. The victim told investigators that he was able to get his gun and shoot the suspect three times in the legs while both were still on the boat.
Sheriff's Captain Kevin Broin said while the victim fled the boat, Hawley found another gun on board and shot at the victim out one of the boat's window as he ran away.
"It wasn't a safe place to be right about that time," said Broin, adding that the victim turned his gun over to authorities upon their arrival. Broin said the knife used to stab the victim was believed to be a weapon which Hawley regularly carried with him.
Labels: assault, CA, residence burglary, senior
Philadelphia, Pennsylvania
From Philadelphia’s KYW1060.com of April 17, 2007
Phila. Man Acquitted After Pulling Gun at Peewee Football Game
A Philadelphia judge has found a pistol-packing parent of a "peewee" football player was justified in pulling his gun on a substitute coach who was beating him during a sidelines altercation during a game in the Burholme section of Northeast Philadelphia last October ... .
The defense conceded that defendant Wayne Durkotch pulled out a gun, but said it was in self-defense after he was beaten to the ground by the coach.
Defense attorney Brian Quinn:
"He is someone who has a permit to carry, he's licensed to carry. He only pulled the gun when he was in fear of dying. He was getting beat. He acted responsibly. Once he pulled the weapon, he put it away right away after the situation cleared. He waited for the police as he should have done."
But coach Jermaine Wilson, who was filling in as coach that day, testified that parents including Durkotch were hollering and cursing him and that Durkotch had pushed him, and that's when he started hitting Durkotch.
The judge has found Durkotch not guilty of all charges, but the judge said he was extremely disappointed to see all of this happen around children, who are five, six, and seven years old.
Labels: assault, concealed carry permit, PA
Raleigh, Tennessee
From Memphis’ WREG.com of April 17, 2007
Suspect shot during home invasion
A robbery suspect is recovering at The Med after a would-be victim shot him.
The home invasion happened in Raleigh on the 4800 block of Northfield Circle around 9:30 Monday night. Memphis police say a relative of the renter opened fire after several men burst through the apartment door demanding cash.
Police say the apartment renter was pistol whipped by one of these men and that's when his brother pulled a gun and shot his assailant. Police say the other would-be robbers ran from the apartment and jumped into a car and sped off.
The robbery suspect is in The Med in critical condition with two gunshot wounds.
Labels: assault, home invasion, residence robbery, TN
Long Beach, California
From the Long Beach Press-Telegram of April 17, 2007
L.B. man, 52, cleared of murder charges
Police and prosecutors say Breul acted in self defense during argument.
A 52-year-old Long Beach man accused of murder was cleared of the charge last week after police and prosecutors found the case was one of self-defense, authorities said Monday.
Gregg Breul was arrested at the scene of the crime shortly after he allegedly shot 32-year-old Ian Birkett on April 6, said Officer Juan Gomez, a Long Beach Police Department spokesman.
Officers responding to a 911 call found both men - whom police described as acquaintances - at Breul's home on West 47th Street near Rio Avenue. Paramedics rushed the victim to Long Beach Memorial Medical Center, where he died, Gomez said.
As homicide investigators delved into the case, however, the evidence and witness statements all pointed to self defense, according to a report filed by Deputy District Attorney Laurie Trammell.
Witnesses told police Birkett had gone to Breul's home to pick up his girlfriend and got into a fight with Breul as the couple began to leave.
At some point, Birkett - who was quite a bit larger than Breul - picked up a hammer. When Breul saw Birkett yelling at his girlfriend outside and told him to stop, the victim charged at Birkett, screaming that he was "going to kill him," according to Trammell's report.
Breul then opened fire, shooting multiple rounds until the gun's chamber was empty, the report states.
The murder charge was dropped on April 9 and Breul was released from the Men's Central Jail where he had been held on $1 million bail, according to court and jail records.
"It seemed to be a clear case of justifiable homicide," Homicide Lt. Rich Rocchi said Monday. "But if any new witnesses were to come forward or new evidence is found we would investigate (further)."
Birkett's cousin, Misty Martinez, said witnesses told his family that the men had been fighting over Birkett's girlfriend.
Labels: CA, domestic dispute
4/16/07
Kansas City, Missouri
From the Wichita Eagle of April 16, 2007
3 men charged in botched kidnapping in Kansas City
Three men face second-degree murder charges in an attempted kidnapping that left a fourth suspect dead.
According to police, the four men plotted to kidnap another member of their gang and demand a $50,000 ransom. Police said the suspects lured the man to a house Saturday claiming they wanted to buy drugs from him, then bound him with duct tape and called his brother, demanding the ransom be paid within 30 minutes.
The kidnap victim, a man in his 20s, managed to escape without injuries and call police after shooting one of his captors, police said. Police Sgt. Richard Sharp said the shooting was considered self-defense and the man has not been charged.
However, Marlyn L. Standifer, 18; Robertico Cooper, 19; and Antwan Wooden, 21, were charged with second-degree murder, kidnapping and armed criminal action. Standifer and Cooper were in custody, but police were still looking for Wooden, who also is wanted in an unrelated shooting death in January.
According to court records, the shooting happened when Antwan Wooden, Standifer and Cooper went to meet the victim's brother, who had gone to the police station.
Court records say the victim was left alone with Keith Wooden, 24, the older brother of Antwan. The hostage worked his hands free from the duct tape and took Keith Wooden's gun from him, court records say. When Wooden lunged at him, the victim fired, court records say. He then fled the house.
Wooden was pronounced dead at the scene.
Cooper also faces assault charges from a previous shooting. He is being held on a $250,000 cash bond, Sharp said. Standifer was being held on a $500,000 cash bond. Standifer had been sought on murder and assault charges involving shootings in December, January and March.
Labels: criminal's gun taken away and used against him, kidnapping, MO
Pine Bluff, Arkansas
From KATV of April 16, 2007
Store Clerk Shoots Suspect During Robbery
Pine Bluff - Quick thinking by a Pine Bluff convenience store clerk kept a would-be robber from getting away with cash and merchandise.
It happened just before 8:00 p.m. Saturday at the United filling station on Hutchinson and Dollarway road.
The suspect entered the business and demanded cash from the employee. That's when the clerk reportedly told the robber he would comply if the suspect shared a portion of the money and waited for a customer to leave the store.
(Lt. Bob Rawlinson, Pine Bluff Police Dept.) "The suspect went into the back room while a customer came in. When the customer left that's when the suspect came out and by then the employee armed himself and they exchange gunfire."
Officials say the suspect was apparently struck by gunfire and fled on foot.
Meanwhile, minutes after the incident, officials were called to a shooting victim in a residential area. There they found 20-year-old Norman Bullard with multiple gunshot wounds. Bullard alleged he was robbed by a man fitting the description of the suspect.
An investigation is ongoing.
Labels: AR, business robbery
Fort Myers, Florida
From the News-Press of April 16, 2007
Wounded suspect's condition improves
Fort Myers Police are investigating an attempted home invasion robbery this weekend in which the two suspects were shot, said spokeswoman Shelly Flynn this morning.
One suspected robber, Frederick Hunter, is listed in fair condition this morning, said hospital spokeswoman Pat Dolce after 10:30 a.m. today.
His condition was previously described by Fort Myers Police as critical.
Police received a call about a burglary in progress at 2:17 a.m. Saturday at the Westwood Apartments, 3709 Metro Parkway #2205.
Trevor Howard, 31, had just returned home and heard footsteps behind him as he was walking up the staircase to his second floor apartment.
Howard quickly entered his apartment locking the door behind him.
That’s when two masked men with firearms forced open Howard’s door and attempted a home invasion robbery Flynn said in her report.
There was an exchange of gunfire between Howard and the suspects. When police arrived they found Frederick Hunter, 31, of 6 Kingsman Circle in Fort Myers, lying on Howard’s floor with multiple gunshot wounds.
Hunter was transported to Lee Memorial Hospital .
Rishod Ferguson, 21, of 3189 Highland Ave. in Fort Myers, fled from the apartment and was found dead from a single gunshot wound in a car in the parking lot.
Both suspects were found wearing masks and gloves armed with semi-automatic handguns. Charges are pending against Hunter.
None of the three men have a criminal history with the Lee County Sheriff's Office.
Labels: FL, home invasion
Riviera Beach, Florida
From the Fort Lauderdale Sun-Sentinel of April 16, 2007
Robbery suspect healing after victim shot him, police say
Craig Adams picked the wrong man to rob, police said. The proof was a 9mm bullet lodged in his stomach from his own gun.
About 4:30 a.m. on April 8, a hooded Adams allegedly walked up to Lynn Brown, 28, who was pumping gas at the Chevron gas station at 1000 West Blue Heron Blvd. According to a police report, Brown said, "What's up," but became concerned when Adams didn't answer.
Police said Adams, who turned 24 in county jail Saturday, then pointed a stolen 9 mm at Brown and said, "You know what time it is."
Brown grabbed the slide portion of the semiautomatic gun and the two struggled. The gas station clerk called 911 to report the fight. Adams, standing 6-foot-1 and weighing 175 pounds, fought with Brown, who is about the same size, and at one point slammed him against the car, police said.
But Brown didn't let go of the gun,and a round was fired into Adams' stomach, police said. Adams ran from the gas station with his hands up. Brown dropped the gun and ran to his car to get his .45 caliber, for which he has a valid license, police said. He called police, then waited to see whether Adams would return with friends, he told police.
"Even though I'm happy for the victim, he played a real dangerous role in this," Detective Sgt. Patrick Galligan said. "The best thing to do is give the money. But I've got to applaud the gentleman."
Galligan said people should get a good description of a suspect and the license tag number of the suspect's car and leave the rest up to police. Brown declined to be interviewed, saying through a friend that he feared retaliation. Both Brown and Adams are from Riviera Beach.
Police sent out an alert to other police departments to search local hospitals for someone matching the suspect's description. Just after 5 a.m., Atlantis police called Riviera Beach police to say they may have found the suspect at JFK Medical Center.
Adams was later taken by medical personnel to Delray Medical Center for surgery.
At JFK Medical Center, Riviera Beach detectives interviewed the three people who had brought Adams to the hospital: Tera Bradley, 21, Brittany Hightower, 20, and Jordan Lameille, 22. Their stories were inconsistent, police said, but they all said Adams had been shot in a gas station west of Lantana, not Riviera Beach.
Brown identified Adams -- who pleaded guilty to grand theft auto in 2005 -- through a photo lineup. The struggle was caught on surveillance camera at the gas station, police said.
Adams was charged with attempted robbery with a firearm, possession of a weapon by a convicted felon, committing a felony with a firearm and grand theft of a firearm.
After undergoing surgery, Adams was booked into the hospital wing of the county jail Wednesday and held without bail. He was scheduled to have his first appearance before a judge today.
Labels: concealed carry permit, criminal's gun taken away and used against him, FL, street robbery
Pascagoula, Mississippi
From GulfLive.com of April 16, 2007
Pas man killed in shootingFrom the GulfLive.com of April 17, 2007
A man found dead in a Pascagoula apartment early Saturday morning may have been killed in self defense.
Van "Buddy" Bardwell, 42, was found dead in the kitchen of Lowell Richard Semans' apartment at 4508 Lanier Avenue. Bardwell was clutching a hatchet, according to a press release from the Pascagoula Police Department.
According to the press release, Semans warned Bardwell not to enter his home, but Bardwell charged Semans, who shot him once with a .38 caliber handgun. No charges have been filed.
The press release also said Semans and Bardwell had a confrontation Friday evening, but Jonathan Randall and Danielle Roberts, who live in the apartment next to Semans, said they thought the two men were friends.
Man accused of retaliating after shooting
A $50,000 bond was set Monday for Benjamin Emmitt Tillman Sr., the 74-year-old Pascagoula man accused of retaliating against Lowell Richard Semans, who claimed self defense when he shot and killed Van Harold "Buddy" Bardwell Saturday night at the apartment complex Bardwell's mother owns at 4508 Lanier Ave.
Semans remained in critical condition Monday at Singing River Hospital from injuries he sustained when Tillman, father of Pascagoula police Capt. George Tillman, rammed his vehicle several times, ejecting Semans from his vehicle Sunday, the day after the shooting.
Semans, 61, told police that he shot Bardwell at about 11:50 p.m. Saturday after Bardwell abruptly entered Semans' apartment and charged him with a hatchet. Semans told police that he warned Bardwell to stop but he continued to come toward him. Semans then fired one shot from a .38-caliber handgun, fatally striking Bardwell.
Officers found Bardwell on the kitchen floor with a hatchet clutched in his right hand. Police said autopsy results and other evidence also supported Semans' statements and that Bardwell was in "very close proximity" to Semans when he fired the fatal shot to Bardwell's head.
Sgts. Ronnie Thomas and Joe Don Cunningham are continuing to research reports that the two men had some sort of confrontation before the shooting.
Semans has not been charged with any crime, and the case, because of the possible self-defense implications, will be presented to a Jackson County grand jury for final review, police said.
Meanwhile, Tillman is charged with aggravated assault, a charge that could be upgraded if Semans dies.
According to police, officer David Cole saw Tillman, driving a white Ford truck, begin ramming the rear of Semans' green Ford truck while both vehicles traveled north on Hospital Road on Sunday.
Cole reported that Tillman's actions caused Semans to lose control of his truck, cross the median at U.S. 90 and Hospital Road and enter oncoming traffic.
Tillman then crossed the median, chasing after Semans' truck, and began ramming it head-on, police said.
Semans was ejected from his truck on to the pavement. Acadian Ambulance took him to the hospital, where he was admitted into the intensive care unit for his undisclosed injuries.
Tillman and his two passengers, Donna Broadus and Benjamin Emmitt Tillman Jr., were all taken to the police department, where investigators learned the act was a retaliation for Bardwell's death.
No charges were filed against Benjamin Emmitt Tillman Jr. or Broadus.
Labels: assault, home invasion, MS
4/15/07
Beaufort, South Carolina
From Savannah’s WTOC.com of April 15, 2007
Beaufort Woman Shoots and Kills Alleged Burglar
Beaufort Police are investigating a shooting that left a 17 year old Yemassee man dead. It happened around 11pm Saturday at the Wilderness Cove Apartments. Police said Alphonso Bright was shot and killed when he forced his way into the home of a 20 year old Beaufort woman. Officers said Bright asked Aileen Sugano if her boyfriend was home. When she told him no, he left, only to come back moments later and push his way inside. Police said he grabbed a bag of marijuana and some cash that was on the table. They said Sugano pulled a gun out from under the couch and fired a shot that hit Bright. Then she called 911.
Bright died later at the hospital. Sugano is charged with possession of marijuana. Beaufort Police are still investigating the shooting.
Labels: home invasion, residence robbery, SC
Cottondale, Florida
From Tallahassee.com of April 15, 2007
Shootout left one person critically injured
An argument between a Cottondale woman and her estranged husband resulted in a shootout Saturday night.
The Jackson County Sheriff's Office received a 911 call around 11:40 p.m. from Paul Barber Jr., 52, stating that a man and a woman had been shot at his home, located in the 3400 block of Omaha Trail in Cottondale just west of Marianna. When deputies arrived, the front door had been kicked open and Julian Shiver, 44, and Felisia Shiver, 45, were lying on the floor.
According to reports, Felisia Shiver was visiting Barber when her estranged husband arrived. He wasn't let in so and (sic) he allegedly kicked the front door open. The confrontation grew into an argument where Julian Shiver pulled out a handgun and shot Felisia Shiver at least once in the head.
Maj. John Dennis said Barber pulled out a shotgun and the two men exchanged gunfire. Reports said Barber struck Julian Shiver twice in the torso.
Both Julian and Felisia Shiver were taken to Flowers Hospital in Dothan, Ala., and have undergone surgery. Dennis said Julian Shiver is in stable condition, and Felisia Shiver is in critical condition.
As of now, Julian Shiver could faces charges of attempted murder and armed burglary.
"He hasn't been arrested at this time. We're waiting to find out his condition,"
Labels: assault, domestic dispute, FL, home invasion
Reno, Nevada
From Reno’s KRNV.com of April 15, 2007
Resident Shoots Suspected Car Thief
According to police, a resident on Winter Street shot a man Saturday night after finding him in his car.
Police say the suspect in the vehicle approached the resident.
The resident was armed with a shotgun and police say he fired one round, striking the suspect in the upper chest and upper arm.
The suspect was transported to Renown Medical Center where he listed is in serious condition. The investigation is on-going.
Labels: NV, street property theft
Manchester, New Hampshire
From the Manchester Union-Leader of April 15, 2007
Gunfight at bar leaves one wounded, another in custody
Bullets flew outside the Uptown Tavern early yesterday when a peeved patron began shooting at a doorman after being thrown out of the club. The shooter himself was shot twice by an armed customer who rushed to the bouncer's defense, a club owner and police said.
The shooter had missed doorman Chad Ryan after firing about four shots at him in the 1301 Elm St. club's parking lot when the alleged gunman was himself hit twice by the unidentified patron who returned fire about 12:45 a.m., said club co-owner Dave Somers.
The wounded suspect, identified by police as Eliezer Encarnacion, 26, and his companion -- both of whom were thrown out of the club moments earlier -- ran from the parking lot up Myrtle Street with an angry group of club patrons in pursuit.
"A bunch of people came pouring out of the Uptown yelling, 'Are you going to shoot at me?' and started chasing them," said Jessica Doty, 20, who lives next door.
Encarnacion, of 214 Bremer St., Apt. 2, limped nearly the length of the block -- splattering blood on porch stoops, the sidewalk and street -- before he collapsed near 83 Myrtle St. and the group caught up with him and his friend, witnesses said.
"There was a mob of people chasing after them," said one neighbor, who refused to give his name. After tracking down the pair, "they opened up their cell phones to see what had happened ... I thought they were going to beat him up, but they didn't. I think they saw the guy was hurt," the neighbor continued.
(Much More Detail)
4/14/07
Warren, Ohio
From the Warren Tribune-Chronicle of April 14, 2007
Shootout leads to car accident
A Warren man exchanged gunfire early Tuesday morning with someone who then tried to steal the man’s car, a police report shows.
Martin Bonish, 55, 1625 Youngstown Road S.E. told police a man walking by his home as he was pulling into the drive about 12:45 a.m. opened fire after a brief conversation between the two.
Bonish, licensed to carry a concealed weapon, returned fire, which is when the man jumped in Bonish’s still-running car and tried driving away, according to the report.
But the man, who was trying to back out of the drive, hit a street sign and then accelerated forward across the street, through a fence and into a junk vehicle in a nearby parking lot, the report states.
The man hopped a fence and got into a car that drove up to the crash, the report states.
Labels: assault, carjacking, concealed carry permit, OH
Spokane Valley, Washington
From KXLY of April 10, 2007
Dogs attack Spokane Valley residents
A Spokane Valley man was forced to use a gun against a pair of dogs that were threatening his family and innocent bystanders.
On Monday afternoon near East 10th in the Spokane Valley, Jim Hammond was walking his grandchildren back home when the group was attacked by a pair of dogs.
“I just barely got in the door and got it slammed when they hit the door and were scratching at the door.”
Jim Hammond and his grandchildren ran inside his Spokane Valley home to avoid being attacked by two runaway boxers.
“Those dogs charged at the big window,” said Hammond. “You can see the claw marks on the outside, they wanted somebody."
The dogs scratched at Hammond's doors and windows before turning their attention to a couple who was walking down the street.
“Two dogs surround her and start attacking her,” Hammond said.
Faith Yen says she thought she was going to die as one of the dogs latched onto her calf, puncturing her skin, and leaving a bad bruise
“I was thinking these things are the most vicious dogs I've ever seen in my life,” Yen said.
Once Hammond saw the dogs attacking Yen, he grabbed his gun, went outside, and yelled at the dogs to draw their attention to him.
“The one dog probably got within two feet with mouth wide open,” Hammond said. “That’s when I turned loose, gave him a slug in the mouth and apparently it wasn't enough to drop him."
Hammond said that he shot only one of the dogs, but it was enough to send both of them running.
Authorities followed a trail of blood which led them to a spot about a block away where they found the dog that was shot. Apparently, the dog died from the injuries sustained by the gunshot.
More
Studio City, California
From Los Angeles’ NBC4.tv of April 13, 2007
Store Employees Restrain Suspect After Attempted Robbery
A man who tried to rob a Vons store at Ventura and Laurel Canyon boulevards in Studio City was hospitalized Friday after suffering a gunshot wound, police said.
The man apparently was shot when his gun discharged as a market employee tried to detain him, police said.
The would-be robber had entered the store, approached an employee and demanded money, police said.
The man was listed as stable and in fair condition, police said.
Labels: business robbery, CA, criminal's gun taken away and used against him
Sacramento, California
From the Sacramento Bee of April 14, 2007
(Requires free registration)
Police probe mistaken arrest of resident in shooting
Man was returning fire when he shot at group, hitting one, official says.
A 46-year-old man was wrongfully arrested Sunday after he shot an alleged gang member in self-defense, police said Friday.
Now the Sacramento Police Department is conducting an internal investigation into how the mistake was made, authorities said.
Patrick Malcolm fired his gun at a group of men who had shot at him first near his Meadowview home, said Sacramento Police Sgt. Matt Young. One of the men was hit, Young said.
Officers responding to a call of shots fired near Twilight Drive and Sweetfern Way about 5 a.m. Sunday were approached by Malcolm, Young said. Malcolm told police he was in his living room when he saw a suspicious car outside.
He grabbed his gun, went outside to investigate and was shot at several times, Young said. He fired back in self-defense, Young said.
Investigators do not know why someone shot at Malcolm.
About 20 minutes after speaking with Malcolm, officers were notified that a man had been taken to an area hospital with a gunshot wound to the upper torso, Young said. They then arrested Malcolm on suspicion of assault with a deadly weapon.
"Follow-up investigation revealed the resident should not have been arrested, and we're taking steps to rectify this situation," Young said Friday. "We made a mistake. We arrested the wrong guy."
Malcolm was released Monday, Young said.
Police are working with the Sacramento District Attorney's Office to make sure charges are not filed against Malcolm and that his "record is expunged" of his arrest, Young said.
Malcolm did not return calls from The Bee on Friday evening.
Young said the decision to arrest Malcolm was made by the responding officers' immediate supervisor, who is a sergeant, and the watch commander on duty, a lieutenant. Young said the responding officers at the scene "did everything right" but declined to elaborate.
The department's internal affairs unit has begun an investigation "to ascertain why the mistake was made," Young said. He said "necessary information was not communicated" between the two crime scenes -- the street where the shooting occurred and the hospital where the wounded man was found.
On Friday, police arrested the man who had been shot, 18-year-old Salvador Thomas Williams, on suspicion of assault with a deadly weapon and negligent discharge of a firearm and with a criminal street gang enhancement.
Labels: CA, drive-by shooting
Somerville, Alabama
From the Decatur Daily of April 13, 2007
Brother says shots fired in self-defense
A man said Wednesday his only intention in shooting his half-brother's car was to end a rampage that had already injured two.
Brent Campbell of Somerville said claims by his former stepmother, Karen Campbell, that he gave her son, Cheston Jared Campbell, drugs or alcohol prior to the incident were untrue.
"We know where Jared got the drugs from, and that wasn't from here," said Brent Campbell. "Jared never got drunk at my house. Other than what he showed up with, there were no drugs at my house."
(A very long account of a very bloody fight follows)
Labels: AL, domestic dispute
4/13/07
Maxton, North Carolina
From the Lumberton Robesonian of April 13, 2007
Man shot in leg during fight
A Maxton man was shot in the leg early Wednesday morning during a fight with his estranged girlfriend, according to sheriff's Deputy Eric Gavighan.
Michael Joseph Mollo, 45, was shot after he forced his way into Ruth Ann Jones-Moreno's Papas Drive home and held her against her will for more than three hours, Gavighan said.
Mollo was threatening Jones-Moreno with a large fork when she fired a shotgun at him, Gavighan said. Mollo underwent surgery Wednesday night.
No charges have been filed.
Labels: domestic abuse, NC
Crestview, Florida
From the Northwest Florida Daily News of April 13, 2007
Police rule shooting of airman justifiable, will not charge wife
The Okaloosa County Sheriff’s Office announced Friday it has determined that the shooting death of an Eglin airman by his wife was a “justifiable use of deadly force.”
No charges will be filed against Febia Wyza, 32, in the death of Eglin Tech. Sgt. James Wyza. The incident took place on March 9 around 8 a.m. at 6114 Magnolia Lane in the Crestview area.
The decision by the Sheriff’s Office was made based on evidence at the scene, the findings of the medical examiner, information gathered during the investigation, statements from Febia Wyza, and a history of domestic violence between the couple. Investigators say Febia Wyza had been a victim of domestic violence for several years.
On the day of the shooting, Febia Wyza said James Wyza came home from work, struck her, slammed her into a wall, and attacked her with a knife, according to a Sheriff’s Office news release.
Febia Wyza hit James Wyza in the groin, went to a bedroom to get a gun, and then went into a bathroom where James Wyza confronted her, the release said.
Febia Wyza said she then shot James Wyza four times with a .357 magnum revolver. Febia Wyza said she and James Wyza had been arguing over her plans to move to St. Augustine with their two children, according to the release.
Labels: domestic abuse, FL
Madison, Tennessee
From Nashville’s NewsChannel5.com of April 13, 2007
Madison Man Wakes Up To Robber
While Tom Keating, of Madison, was surprised to find a stranger standing in his bedroom, his quick action helped solve a half dozen burglaries in his neighborhood.
"All I know is I'm lucky to be alive, because if I didn't have the gun I don't know what could have happened," Keating said. "For some reason I sat up in the bed and there he was standing in the bedroom door, so I just yelled ‘what are you doing here?' and tried to keep him from doing anything else while I reached for my gun."
Keating realized the man broke through a window to get in.
"I didn't hear him break in because my ears are clogged up with allergies," Keating said.
The man got away, but not before Keating called 911. A short time later police arrested Jonathon Brown. Brown told police he had committed nearly a half dozen burglaries in the same neighborhood.
Councilman Michael Craddock said Keating may have single handedly brought down the crime rate in Madison.
"Sometimes it takes proactive citizens to get things done, and Mr. Keating to me is a proactive citizen," Michael Craddock Metro Council Member
For the year overall crime in Craddock's council district is down 11 percent, but burglaries are up ten percent. Police believe Brown may have committed several of the burglaries, but they can't prove it.
Jonathon Brown agreed to plead guilty to burglary. The plea agreement with prosecutors included a six year jail term.
Labels: home invasion, residence robbery, TN
Tulsa, Oklahoma
From Tulsa’s KOTV.com of April 13, 2007
Homeowner Shoots At Burglary Suspect
Tulsa Police are investigating an early Friday morning shooting that started with a vehicle break-in. Police officers were called to 3700 block of East 2nd Place about 4 a.m. Friday. A homeowner told police officers, he caught a man inside his SUV. After a confrontation between the homeowner and the suspect, the homeowner says he thought the burglar was pulling out a weapon so he fired one shot at the suspect.
The suspect ran off.
Detectives are still investigating.
Labels: OK, street property theft
Cincinnati, Ohio
From Cincinnati’s Fox19.com of April 13, 2007
Man Claims To Shoot Suspect In Self-Defense
A man told Hamilton County Sheriff's Deputies that he shot someone out of self defense on Thursday night.
The shooting happened on Powell Road in Westwood.
The man told police that he was attacked in a parking lot and he grabbed a gun and shot his attacker.
Sheriff's deputies searched the area for a shooting victim but their search turned up empty.
Police say that they are continuing an investigation into the claim.
Columbia, South Carolina
From The State of April 13, 2007
Man shoots attacker, not charged
A man who shot another in the chest Thursday night in front of an apartment complex will not be charged by the Richland County Sheriff's Department.
The shooter was defending himself, a department spokesman said of the 10:30 p.m. altercation at the Mallard Point Apartments off Hallbrook Road.
According to the sheriff's department, three men and a woman approached another man in front of the apartment complex. There was an ongoing dispute between the man and one or more of the four suspects. One suspect dropped a gun, which the victim picked up and fired at one of the men. The round struck the man in the chest.
The shooting victim was taken to Palmetto Health Richland where he was in stable but serious condition.
Information about the suspects was not immediately available.
From WLTX of April 13, 2007
Deputies: Man Shoots At Attackers in Self-Defense
Deputies are searching for four suspects they say approached a man they knew, when he opened fire on them.
Investigators say at 10:30 p.m. on Thursday at the Mallard Point Apartments on 1101 Hallbrook Road, three men and a woman approached a man to settle an ongoing dispute over the woman.
After that, deputies say one of the suspects dropped a gun, and the victim picked it up and shot the suspect in the chest.
Investigators say the suspect has non-life threatening injuries.
Deputies will not file charges against the shooter.
Labels: criminal's gun taken away and used against him, SC
4/12/07
Knoxville, Tennessee
From the Knoxville News-Sentinel of April 12, 2007
Would-be robber makes 2 mistakes
Sometimes an apology’s just not good enough.
A would-be robber found that out the hard way today when he came back to say he was sorry after trying to rob a Northwest Knoxville store, authorities said.
"Within 10 minutes, he came back to apologize, and he was in custody," Knoxville Police Department spokesman Darrell DeBusk said.
Police said the move was the second mistake of the day for William Jones, 33. The first came when he tried to rob the R&H Market, 1601 Beaumont Ave., with a toy gun just before 1 p.m., authorities said.
The owner, Nihad Saah, pulled a real pistol, and Jones ran, police said.
"I didn’t want to hurt him," Saah said. "But I worked too hard for my money for somebody to just come in here and take it from me."
Police still were searching the neighborhood for Jones when he came back to the store. Saah and some customers kept him there until officers arrested him.
Labels: business robbery, TN
Casper, Wyoming
From the Casper Star Tribune of April 12, 2007
Shooting victim tried to defend himself, detective says
Before being killed, Mark Fisher managed to fire a single shot at the man who had just blasted into his Casper home, a police detective testified today.
Police found a shotgun with one spent cartridge on Foster's body when they discovered him in his North Kenwood Street home on April 1. He had been fatally shot in the chest and head.
The man accused of killing him, 42-year-old Casper resident Edward Taylor, should be tried for first-degree murder in connection with Fisher's death, a judge ruled at the conclusion of Taylor's preliminary hearing in Natrona County Circuit Court today.
Fisher fired at Taylor in self defense, Casper police detective Kathryn Davison testified at the hearing. Officers found that the locked doors to Fisher's home had been blasted open.
Shortly before the killing, Taylor confronted his wife after seeing her leave Fisher's home, Davison said. Edward and Beth Taylor had been in the process of getting a divorce.
Labels: assault, defender shot, domestic dispute, home invasion, WY
Edgewater, Florida
From the Ft. Lauderdale Sun-Sentinel of April 12, 2007
Edgewater police investigate possible self-defense shooting
Edgewater police are investigating a shooting in which a 19-year-old man may have shot someone in self-defense, officials said this morning.
The victim, 27-year-old Larryjoe Dillavou, was taken to Halifax Medical Center last night after he was shot in the upper thigh, said Edgewater police spokeswoman Lisa Saunders.
Officers arrived at 19-year-old Henry Pressman's house on Travelers Palm Drive around 5:30 p.m. yesterday, Saunders said. No charges have been pressed so far, Saunders said, as investigators believe Pressman may have shot Dillavou out of self-defense.
Labels: altercation, FL
West Palm Beach, Florida
From the Palm Beach Post of April 12, 2007
Murder case poses early test for 'Castle Doctrine' lawFrom the South Florida Sun-Sentinel of May 15, 2007
Norman Borden hopes to become a trailblazer - the first defendant in Florida to have a murder charge dismissed because of the state's fledgling "Castle Doctrine" law.
He should find out next month if he's successful.
The law, in effect since Oct. 1, 2005, expanded an individual's right to self-defense. It allows people to shoot another person in their homes, in their vehicles and in a public place, overriding court rulings that people had a duty to retreat from violent confrontations.
The law states that a person has "the right to stand his or her ground and meet force with force, including deadly force" if they believe it is necessary to prevent death or great bodily injury to themselves or to prevent the commission of a forcible felony such as murder or aggravated battery.
Borden, 44, is charged with two counts of first-degree murder and three other felonies in connection with the shooting deaths of Christopher Araujo, 19, and Saul Trejo, 21, and the wounding of a third man, Juan Mendez, who was 20 at the time.
At a court hearing on Wednesday, Public Defender Carey Haughwout argued that Circuit Judge William Berger should dismiss the indictment against Borden at a future pretrial hearing, saying that a preponderance of the evidence establishes his right to use deadly force.
"He is immune from liability," she said.
Prosecutor Craig Williams agreed that Berger could make a pretrial determination on whether the Castle Doctrine applies, but argued that the judge need only consider whether there was probable cause - sufficient facts and circumstances to believe that a crime was committed by Borden - in deciding he should go to trial. Even if Borden proceeds to trial, a jury could decide he feared for his life and acquit him.
Several people attended the hearing wearing T-shirts that read, "RIP Chris and Smiley." "Smiley" was a nickname of Trejo.
Noting that neither the Florida Supreme Court nor the legislature has indicated what standard to use, Berger asked the attorneys to provide additional written arguments. He set a May 14 hearing date, at which he will decide if Borden's case should be dismissed.
Sheriff's investigators say that one of the men Borden killed was a local leader in a criminal nationwide street gang known as Surenos 13 or Sur-13. Borden's attorneys identified him as Trejo. Investigators also say it was Sur-13 members who set fire to Borden's home a couple of days after the shootings.
Borden and a friend were walking his dogs in his Westgate neighborhood in suburban West Palm Beach around 3 a.m. in October when he exchanged words with either Mendez or Araujo, according to witnesses. Araujo got behind the wheel of a Jeep, accompanied by Trejo, Mendez and a juvenile and drove toward Borden, with more yelling back and forth.
After the juvenile got out of the Jeep, the men drove at Borden and his friend again. Trejo had a bat, according to Borden's attorneys, and he or Araujo also may have had a gun. This time, Borden opened fire on the Jeep until he had fired 14 rounds from his 9mm handgun. Then he went home and called police.
In arguing for dismissal of Borden's indictment, Haughwout maintained that the Jeep was driven in a way that made it a deadly weapon, along with the bat and possible gun. Her client had a right to be on a public street and was doing nothing at the time of the incident. And so, she said, he had a right to use deadly force.
Borden isn't the first man in Palm Beach County to try to utilize the Castle Doctrine. Cabdriver Robert Lee Smiley - also represented by Haughwout - tried to use it as a defense to shooting and killing a fare, but a trial judge and an appeals court said that because Smiley's crime was committed before the law took effect, it did not apply. After two mistrials on a first-degree murder charge, Smiley pleaded guilty in February to manslaughter.
In October, an Acreage man, Jose Tapanes, fatally shot a 19-year-old neighbor twice after they argued in front of Tapanes' home. That case is pending, but the Castle Doctrine is a possible defense.
Judge refuses to dismiss murder charges against man who claims self-defense
A man who shot and killed two alleged gang members will have to convince a jury that he did so in self-defense, after a ruling Monday from a judge who denied Norman Borden's motion to dismiss the murder charges against him.
Borden, 44, should have immunity from prosecution because he is protected by a 2005 Florida law that eliminates the duty to retreat when danger is imminent and allows the use of deadly force, argued Public Defender Carey Haughwout.
Borden is charged with two counts of murder in the Oct. 8 shootings of Christopher Araujo, 19, and Saul Trejo, 21, in the Westgate neighborhood near West Palm Beach, where Borden lived.
He told investigators the Jeep the men were riding in was headed directly toward him and he was forced to shoot. Juan Mendez, 20, survived the shooting. The incident happened moments after an altercation between Borden and two of the men, who reportedly threatened to hurt Borden and his dogs.
But from the outset of Monday's hearing, Circuit Judge William Berger appeared reluctant to dismiss the charges, peppering Haughwout's questions about the law and the Legislature's intent.
"I think the Legislature intended to do something very different with this law," said Haughwout, adding that lawmakers made a strong statement with the passage of the law.
The "stand your ground" law provides immunity for anyone who uses force he or she reasonably believes is necessary to prevent death or bodily harm.
Prosecutor Craig Williams said the question of self-defense is one for the jury, not the judge, to decide. Imitating Borden's actions that night after shooting at the car five times, Williams demonstrated how Borden then emptied his gun, firing off another nine rounds.
"All we're asking is that this case go to the jury," Williams said. "They have to decide whether Mr. Borden was reasonable."
But even if Borden could have retreated after the initial shots, Haughwout said, he had no legal obligation to do so under the law.
Most of the facts in the case are undisputed, Haughwout said. Even prosecutors are not challenging the fact that Araujo and Mendez left the confrontation with Borden and returned with Trejo. Investigators found no firearms in the SUV, but they found a baseball bat resting against Trejo's body. Mendez has admitted to investigators that he made derogatory statements toward Borden and that Araujo wanted to go get Trejo because Trejo "would help them beat Borden up," according to court documents.
In court documents, sheriff's detectives have identified Araujo and Trejo as Sur-13 gang members.
Berger said he gave the matter a great deal of thought but could not reconcile coming up with a procedure that would take away the determination of the case from the jury.
Borden's trial is set for June 18.
Ona, West Virginia
From the Huntington Herald Dispatch of April 12, 2007
Woman shoots dog she claims attacked her
A woman in a trailer park shot a dog that she claimed was attacking her while she got out of her car Wednesday night.
The woman, who lives out on Howells Mill Road, reported to Cabell County Sheriff's that two German shepherd dogs approached her near her vehicle and became very aggressive.
Officers said the woman apparently shot one of the dogs with a .38 revolver, leaving it wounded and causing the other one to run off at the time of the report.
No arrests were made and the owners of the dogs were not present at the time. The woman and neighborhood witnesses told officers that the landlord has warned the owners about leaving their dogs without a leash. Officers notified Animal Control about the two dogs.
4/11/07
Rockford, Illinois
From WREX of April 11, 2007
Attempted Robbery Leads to Shooting, Car Accident
An attempted armed robbery ends with someone shot and a police detective in a car accident.
Investigators say around 1:15 Wednesday a man tried to rob a business on Auburn Street called 'The Hook-Up.' The owner, 38-year-old Jeffrey Seibolt, pulled a gun and fired on the suspect and the suspect fired back, hitting Seibolt in the leg.
A detective in the area saw the suspect and ran after him. The detective got into a car accident during his pursuit, then got out and chased the man on foot. The detective was not hurt.
The shooting victim was treated for minor injuries. The suspect is still on the loose.
From WIFR of April 11, 2007
Rockford Shooting
It wasn't just bad weather hitting the stateline today another shooting strikes Rockford's west side after a robber and store owner exchange gunfire.
It happened around 1:15 this afternoon when the robber entered a car stereo installation shop along Auburn Street.
Police say a store employee was the first to shoot but he never hit the robber. The robber then shot the store employee in the leg and took off. As he ran away, the would be robber caused a car accident along Auburn Street.
Police then searched the area with dogs in an effort to find the suspect, they had no luck. Neighbors say they didn't know what was going on and it scared them.
The suspect remains on the run at this hour. He is described as a black man, between 5'8'' and 5'10''. He was last seen wearing a light blue jacket, dark pants and white shirt. The man shot is expected to be treated and released from a local hospital.
Labels: business robbery, defender shot, IL
Phoenix, Arizona
From Tucson’s Fox11AZ.com of April 11, 2007
Arizona Man shot in the head drives self to hospital
A Phoenix area (sic) drove himself to the hospital Friday morning after he was shot in the head, allegedly by his ex-girlfriend's new boyfriend.
The shooting, which apparently started as a domestic violence, happened near 38th Avenue and McDowell Road, police said. The wounded man reportedly drove himself from the scene to the hospital.
It all started around 6:15 a.m., when the 25-year-old man allegedly kicked in the door to an apartment where his ex-girlfriend and her new boyfriend were sleeping.
"They heard a quick knock on the door, followed immediately by someone trying to kick the door in," said Sgt. Joel Tranter of the Phoenix Police Department. "The door was, in fact, kicked in. A male subject ... forced entry into the apartment."
Investigators said the new boyfriend grabbed his gun and shot the intruder at least once.
According to police, the ex-boyfriend, whose name has not been released, left the apartment, jumped into his car and drove himself from the scene to nearby Maryvale Hospital.
So far, no charges have been filed against the new boyfriend in connection with this morning's incident. Police said the shooting appears to be a case of self defense and will leave the decision on charges to the county attorney.
The ex-boyfriend, whose injuries were not life threatening, will likely face charges of burglary and possibility aggravated assault.
Labels: AZ, domestic dispute, home invasion
Sacramento, California
From Sacramento’s KCRA.com of April 11, 2007
Saechin Will Not Face Criminal Charges, DA Says
Sacramento Man Accused Of Shooting Alleged Car Burglar
A south Sacramento man accused of shooting a suspected car burglar earlier this month will not face criminal charges, District Attorney Jan Scully said Wednesday.
Sou Saechin was arrested on April 4 on suspicion of assault with a deadly weapon after he confronted three suspected car burglars outside his Rock Creek Way home.
Saechin was accused of using a .22-caliber rifle to shoot one of the suspects in the chest and shooting at the suspects' car as it fled the area. The injured 17-year-old suspect, who was identified only as J.C., is expected to survive.
The other two suspected burglars, Marco Virelas and Larry Tran, were later arrested in connection with the case.
"Under the circumstances, we do not believe a jury would find Saechin acted unlawfully in firing this first shot in self defense," Scully's office said in a prepared statement.
Authorities said Saechin then fired three more shots as the three suspects' car left the area. Saechin told authorities he was not attempting to shoot any person, but was simply trying to leave a mark on the suspects' car so the police could later identify it.
Scully's office said the shots fired at the fleeing car appeared to be a penal code violation involving discharge of a firearm in a grossly negligent manner. These three shots did not strike the car or any person.
The district attorney's office said that the only witnesses who saw what happened were Saechin and the suspected car burglars. Saechin is a necessary witness against the burglars, while they are necessary witnesses against Saechin, officials said.
"For this reason, it is not legally practical to prosecute both cases," Scully's office said in a statement. "Under the circumstances, since no one was injured by the unlawful shots (Saechin) fired as the car drove away, the district attorney has elected not to prosecute Mr. Saechin, who has no record and whose testimony will be needed to prosecute the burglars."
The district attorney's office said it will prosecute Virelas and Tran for the car burglary, as well as for probation violations.
Tran and Virelas both have criminal records, Scully's office said. Tran is currently on felony probation for unlawfully carrying a loaded firearm and misdemeanor probation for giving false information to a peace officer. Virelas is on misdemeanor probation for unlawfully possessing an assault weapon. Both have additional criminal records.
Since J.C. is a juvenile, Scully's office said it will make no statement about any prosecution he may face.
Labels: CA, street property theft
4/10/07
Macon, Georgia
From Macon’s WMGT.com of April 10, 2007
Store Clerk Shoots Would-Be RobberFrom Macon’s 13WMAZ.com of April 10, 2007
Macon Police are investigating an attempted armed robbery at the BP Station on Eisenhower Parkway. The incident happened Tuesday morning at 8:30.
The store clerk told officers he shot the would-be robber after he allegedly entered the business, displayed a weapon, and demanded money. The suspect then ran from the business.
Shortly after the robbery, police received a call from the Houston Coliseum Hospital Emergency Room about a gunshot victim. When police arrived they found the gun shot victim was the armed robber from the BP Station.
The 20-year-old Macon man is being treated for a gun shot wound to the wrist. He is in stable condition.
Police: Clerk Shoots Robber
A Tuesday-morning armed robbery in Macon was foiled when a store clerk opened fire on the robber, police say.
The robber entered the BP station at 1179 Eisenhower Parkway around 8:30 a.m, according to a Macon Police Department news release.
Police say the robber, a 20-year-old man, ran away and later turned up at the Coliseum Hospital with a gunshot to the wrist. He has not been identified or charged, according to police.
Labels: business robbery, GA
Rittman, Ohio
From the Wooster Daily Record of April 10, 2007
Break-in Part II: McComas home hit SaturdayFrom the Akron Beacon Journal of April 10, 2007
The West Sunset Drive man who set a trap to catch the person he said was stealing from him faced another burglar Saturday morning.
This time, the 78-year-old William Kenneth McComas lost the struggle for the gun and sustained muscle strains and bruises on the back, neck and head.
He was treated and released from WRH Health Systems, where he was transported by Rittman Emergency Medical Services.
A few hours after the incident, Casey Wood, 18, of Fairlawn Avenue, and Charles Mattingly, 21, of Fourth Street, were arrested, police Chief Larry Boggs said.
Wood is being held on a burglary charge with a $10,000 bond, while Mattingly faces a charge of receiving stolen property and $5,000 bond.
Saturday's incident is the second time in a week McComas faced an intruder, but police say it appears to be unrelated. On March 31, McComas waited in the dark with a handgun and a telephone for a man he suspected of stealing from his home.
Chris Lively, 26, of Front Street, was arrested in that incident. McComas held a gun on Lively until the police arrived a few minutes later.
The most recent incident began about 6:30 a.m., by McComas' recollection. He heard someone hitting the newly installed unbreakable glass on his kitchen door. He said he looked out the window to see if there was a car in his driveway, but saw none and went back to bed.
Moments later, the wood on the kitchen door gave way to a kick, and an intruder burst into McComas' bedroom door.
Later at the police station, McComas identified the man who he saw in the bedroom as Wood. He recalled performing Wood's father's wedding some years before and remembered meeting the young man, he said.
The police press release said Wood and Mattingly entered the home, but McComas said he remembers seeing only Wood.
When Wood burst in the bedroom door, he called McComas by name and shouted to give him his money and billfold, McComas said.
McComas said he pulled a firearm out from under the bedcovers, but was holding the barrel.
The intruder struggled for the gun. McComas let go because he was afraid the younger man would shoot him, McComas said. He said his body was twisted during the struggle, resulting in the bruises and muscle strains.
The man threatened to kill him and claimed to be on crack, McComas said.
The intruder left with about $500 in cash, medication and the handgun, McComas said.
McComas dialed for the police as Wood walked out the door. He recalled Wood turning around, spying the phone and calling out, "I love you, Kenny."
Four police officers arrived two minutes after getting the call at 6:38 a.m., Boggs said.
(More)
Retired preacher aiming to stop intruders
Rittman man confronts burglars twice in a week
Dr. Kenny McComas has dealt with some rather notorious criminals during his decades of prison counseling, including a face-to-face meeting with Robert Kennedy's assassin, Sirhan Sirhan.
But the retired Baptist preacher is working now at the other end of the law-enforcement spectrum -- he's catching crime suspects.
Helping to rehabilitate criminals was a choice for McComas, while catching suspects became a matter of self-defense for the 77-year-old Rittman resident who still holds a Bible in one hand but packs big-time heat in the other.
McComas used a lay-in-wait tactic with a loaded gun and a telephone in the master bedroom of his modest ranch to apprehend an intruder during an afternoon break-in March 31.
McComas wasn't quite as effective Saturday, however, when he was accosted in his bedroom at 6:30 a.m. But less than 10 hours later, Rittman police had arrested Rittman residents Casey P. Wood, 18, and Charles W. Mattingly, 21, on the strength of leads that McComas provided.
McComas said he had hired both men to perform odd jobs around his home in the 500 block of West Sunset Drive.
The two break-ins were the latest in a string of seven since July at McComas' home next door to Calvary Baptist Church.
(Lots More)
Labels: home invasion, OH, residence robbery, senior
4/9/07
Portland, Oregon
From April 9, 2007 Fox Channel 12:
PORTLAND, Ore. -- Police responded to a report of a homeowner who allegedly shot an intruder Monday in southeast Portland.UPDATE: From April 8, 2007 KOIN channel 6:
Police said the intruder ran from the home after being shot. Officers had one person in custody as of 12:50 p.m. Monday.
The incident, which occurred near Southeast 160th Avenue and Powell Boulevard, is still under investigation.
PORTLAND - A gunshot and a foot chase down the street thwarted a suspected burglary attempt in Southeast Portland Monday.
After the suspect was in custody, some of the police attention turned toward the homeowners, and the Gang Enforcement Team was brought in.
It happened shortly after noon. A couple, and their child, were inside the home near Southeast Powell and 160th. Police say they don't know who had the gun initially - the intruder or the homeowner. But they do say that when the suspect entered the home, he was immediately confronted, apparently by that homeowner, who started chasing him down the street. Somewhere along the line, a shot was fired. Officers captured the suspect a couple of blocks away. They took the suspect first to the hospital to be checked out, and then to jail.
But they also detained and questioned the people living there, to determine who shot the gun, where it came from, and whether it was used legally. The homeowner got support from neighbor Rick Boyer, who says he has a gun himself and would use it as protection if necessary. Boyer calls the episode "a warning to thieves".
Members of the Gang Enforcement Team say there are more details yet to be revealed. Meanwhile the suspect is behind bars, after being checked out at a local hospital. There were no injuries and no items were reported stolen.
Labels: home invasion, OR
Cincinnati, Ohio
From Cincinnati’s WLWT.com of April 9, 2007
Cab Driver Shoots Alleged Assailant
Shooting Victim Critically Hurt
A man is critically injured and a cab driver is undergoing treatment after an early-morning shooting on Vine Street on Monday morning.
Police said the cab driver told them he was dropping off a fare across from Veterans Hospital in the 3200 block of Vine Street when the man began assaulting him.
The cab driver said the man took money from him during the assault.
The cab driver told officers that he pulled a gun and shot the man in self-defense.
The man was transported to University Hospital with life-threatening injuries. His name has not been released.
The incident is still under investigation.
Labels: assault, OH, street robbery
East Los Angeles, California
From Los Angeles’ KTLA.com of April 8, 2007
Gunfire Exchanged During Robbery
Police are hoping surveillance video will help them catch a robbery suspect.
It happened Sunday morning at Alvarez Market on East Olympic in East Los Angeles.
Authorities say a man pointed a gun at the clerk and demanded money. He got away with 400 dollars.
According to police, the clerk stepped outside to get a better description of the suspect, and they exchanged gunfire.
Police are looking for the man, and his getaway driver-- she's 20 to 25 years old, with brown hair and wearing a blue shirt.
They took off in a newer black Toyota Forerunner or Highlander, with paper plates.
Labels: business robbery, CA
4/8/07
Whitehall, Pennsylvania
From the Allentown Morning Call of April 5, 2007
Whitehall Twp. resident fires shots at would-be intruder
In what appears to have been an attempted home invasion, a 32-year-old resident fired two shots at a man who he said popped out of the bushes in front of his Whitehall Township home armed with a handgun early Saturday, according to a police report.
Gaby J. Safi, of 1990 Linden Lane, reported to police that the man appeared in his yard shortly after Safi arrived at the house. Safi managed to get inside his home and pulled out his .38-caliber revolver, which was in his waistband, and fired two shots through his door when he saw that the man was approaching his front door, pointing a gun, the report says. Safi missed both times, with one of the shots striking his own truck, but the man fled, police said.
Safi, who has a permit for the gun, told police that he had just come from visiting his father and playing cards in Allentown at 1:55 a.m. Saturday when he parked his vehicle next to his wife's car. He said he was unlocking his house door when the man jumped out from behind the bushes, which were about 10 feet away from him, according to the police report.
Safi said he saw that the man was pointing a gun at him and quickly entered his home, closing both the storm door and the solid front door, he told police. He said he could see through the door window that the man was still approaching, with what he believed to be a .45-caliber weapon.
After firing his gun, Safi said he went to the second floor of his house and yelled for his wife, who was asleep, to call police, the report says. He returned to the front door and noticed that the man had fled.
When police arrived, Safi was still holding the loaded gun. Police ordered him to drop the gun and later took it into custody, police said. Police searched his home and Safi said the only items that appeared to be missing were the keys he used to open the front door. An officer waited at the home while Safi had the locks replaced, the police report says.
Safi said he did not get a good look at the suspect since everything happened so fast, the report says.
Labels: home invasion, PA
Scranton, Pennsylvania
From the Scranton Times-Tribune of April 8, 2007
Clerk pulls gun, scares away would-be robber
Never mess with a cashier who knows guns.
Shortly after 8:30 p.m. Saturday, a would-be robber walked into the Shell gas station at 801 Pittston Ave. and demanded money.
He menacingly pointed his hand at the cashier. A handkerchief covered the hand.
The cashier, an elderly man, was unimpressed. Sgt. Jesse Romanchick said the cashier could tell the robber didn’t have a gun.
The cashier did. Licensed to carry a gun, the cashier pulled his and showed it to the robber.
Suddenly, the robber thought better of his attempt and scurried out the door.
The money remained safely in the cash register.
“He scared the robber away,” Sgt. Romanchick said.
The robber headed east on adjacent Birch Street.
The cashier called police, who scrambled several cars into the neighborhood to try to find the foiled robber.
They had not succeeded by late Saturday.
Labels: business robbery, concealed carry permit, PA
St. Paul, Minnesota
From Lacrosse’s WKBT.com of April 8, 2007
Woman trying to rob St. Paul store is shot by pregnant clerkFrom the Minneapolis Star-Tribune of April 10, 2007
A woman who pretended to have a gun while trying to rob a convenience store on St. Paul's East Side was shot by a pregnant store clerk.
The robbery suspect was shot near the collarbone and was in stable condition at Regions Hospital last night.
Police aren't releasing the name of either woman.
They say the suspect was pretending that she had gun concealed in a paper bag and she scuffled with the clerk, who is in her ninth month of pregnancy.
The clerk was also caring for her toddler at the time.
The clerk was taken to Regions Hospital with cuts and scrapes.
Woman who was shot is charged in robbery
A 30-year-old Shoreview woman was charged Tuesday with an attempted robbery in which she was shot by a pregnant store clerk.
Angel Star Kaster, also known as Angel Star Gustafson, made her first appearance Tuesday afternoon in Ramsey County District Court on a charge of second-degree attempted aggravated assault.
Kaster was ordered held in the Ramsey County jail in lieu of $25,000 bail. Her next court appearance is April 24.
St. Paul police investigators said Kaster, who was shot in the right shoulder on Saturday night, used a TV remote control in a paper bag to simulate a gun in attempting to rob the Super USA store on the East Side.
The clerk, Susana Khalil, who was caring for her 2-year-old daughter at the time of the attempted robbery, struggled with Kaster, according to the complaint. Khalil then grabbed a gun kept in the store and shot the would-be robber in the shoulder.
St. Paul police said store video shows Kaster sneaking up on Khalil and pointing the bag at the clerk as if she has a gun, according to the complaint. The clerk's daughter was near her when the shooting took place, but did not appear to be hurt.
In the complaint, Kaster is quoted as telling police that she tried to rob the store because she needed money for her kids. She also told police she had been drinking before entering the store. She said that she lives at a treatment center in Shoreview because she is an alcoholic, according to the complaint.
Labels: business robbery, MN
4/7/07
Jefferson, Oregon
From Portland’s KOIN.com of April 7, 2007
Juvenile Shot During Alleged Break-InFrom the Salem Statesman Journal of April 8, 2007
A 16-year-old Jefferson boy is recovering from a gunshot wound after he was found in another man's home.
Just before 3:30 a.m., deputies were called to a home on High Street on reports of a robbery and shots fired.
Michael Vogler, 59, told the police that he had confronted a male in his house with a gun. At some point the male suspect assaulted Vogler and tried to get the gun away from him. During that struggle, one shot was fired. The juvenile ran into the garage of the home, dove head-first through a window and ran from the area on foot. Vogler had minor injuries to his head and neck as a result of the assault.
At about 6 a.m., Albany Hospital staff contacted the sheriff's office to report that the juvenile had come to the emergency room with a single gunshot wound to the abdomen and a cut on his elbow.
The juvenile was treated and released to his parents to recover from his injuries. The investigation is continuing and criminal charges for the juvenile will be forthcoming. The extent of those charges has yet to be determined.
Home intruder flees after being shotFrom the Salem Stateman Journal of April 11, 2007
16-year-old found at Albany hospital seeking treatment
The shooting occurred just before 3:30 a.m. when deputies were called to 470 High St. in Jefferson on a report of a robbery in which a gun was fired, Rau said.
The homeowner, Michael Vogler, 59, told deputies that he had confronted a male intruder in his house, Rau said. Vogler fired one shot during a struggle in which the intruder tried to get Vogler's gun.
After the shot was fired, the intruder ran into the garage of the home, dove head-first through a window and ran from the area, Rau said. Vogler suffered minor injuries to his head and neck during the struggle.
Vogler's wife, Trudy, was home at the time of the shooting but was not involved, Rau said.
About 6 a.m. Albany hospital staff contacted sheriff's officials to report that a juvenile had come to the emergency room with a gunshot wound and a laceration on his elbow.
This is not the first time that a homeowner has shot a teenage intruder in Marion County. Linn Stordahl of South Salem shot and killed Anthony Chance Choate, 16, in April 2003 when he found the Aumsville boy starting a fire in his garage. Choate, a suspected burglar, died from a gunshot wound to the neck.
A Marion County grand jury cleared Stordahl in the shooting.
Man recounts shooting teen intruder
Police identify male who tried to rob Jefferson home
Authorities have identified the suspect in a Saturday home invasion in Jefferson.
A homeowner shot a 16-year-old intruder early Saturday during a struggle inside the man's house, Marion County Sheriff's Sgt. David Cornforth said.
The Sheriff's Office has identified the youth, age 16, but the Statesman Journal is withholding his identity until he is indicted.
The youth is being held at Marion County's juvenile detention center on charges of first degree robbery, first degree criminal mischief, first degree burglary, second degree assault and third degree theft, Cornforth said.
It is the policy of the newspaper not to name juveniles who are arrested, even for so-called Measure 11 crimes, until they are indicted. Under Measure 11, youths younger than 18 will be treated as adults if indicted for certain crimes. First-degree burglary and robbery are two such crimes.
The suspect fled from the house after the shooting. He was located at Samaritan Albany General Hospital, where he sought treatment for a gunshot wound to his abdomen, Deputy Kevin Rau said. The suspect was taken into custody after receiving treatment.
The shooting occurred just before 3:30 a.m. when deputies were called to 470 High St. in Jefferson on a report of a robbery in which a gun was fired, Rau said.
The homeowner, Michael Vogler, 59, said his wife woke him up and told him someone was in the house. Vogler said he took his 0.357-caliber Magnum from a locked cabinet and moved quietly through the dark house.
"Being in a dark house, and you know somebody's there -- talk about being scared," Vogler said Sunday.
He said he heard noise in the laundry room between the kitchen and the garage, and crept toward the sound. Vogler said he kicked the laundry room door open and saw a shadowy figure charge him. He fired one shot during a struggle with the intruder.
"That was the first time I fired that gun in 25 years," he said.
The last time he shot the gun, he had been testing it after buying it.
After the shot was fired, the intruder ran into the garage of the home, dove head-first through a window and ran from the area, Rau said.
Vogler suffered minor injuries to his head and neck during the struggle.
About 6 a.m. Albany hospital staff contacted sheriff's officials to report that a juvenile had come to the emergency room with a gunshot wound and a laceration on his elbow.
Vogler said the incident cast a pall on his family's Easter celebration the next day. He also said he hadn't realized the intruder was so young.
"I don't feel good about it, but I didn't know if he was 11 or 90," Vogler said. "It was just a person in the shadow in the dark, and I was just trying to keep my composure and protect myself and my wife."
Labels: assault, intruder, minor offender, OR
Reno, Nevada
From Reno’s KRNV.com of April 7, 2007
Overnight Dispute Leads to Shooting
Reno Police Detectives are interviewing 4 young adults, following a shooting that sent one person to the hospital.
Police say the incident started around 11:15 pm Thursday night in the area off Kirman near the VA hospital. Investigators say a man and woman planned to meet near the VA, but she felt uncomfortable, and told her friends hide in the bushes to protect her.
At one point, the friends believed the woman was threatened and emerged from the bushes to protect her. Police say the man thought they were going to attack him and shot one of the woman's friends in the lower stomach.
The injured man underwent surgery, and police say he is in stable condition this morning.
Detectives say they do not have plans to arrest anyone at this time.
Labels: altercation, NV
Bradenton, Florida
From the Sarasota Herald-Tribune of April 7, 2007
Charge for gun shot in yard is dropped
A homeowner who fired a shotgun into the air to scare away a man fighting in his yard won't be prosecuted in criminal court.
The state had filed a misdemeanor charge of unlawfully shooting a gun in public against Michael Pelletier, but prosecutors suddenly retreated from the case.
Pelletier, 53, said his friend was under attack by a man in his yard that evening in January. Pelletier fired once into woods behind his house. The man, whom Pelletier said he didn't know, fled.
A day after the Herald-Tribune published an article about the case, prosecutors announced the state would drop the charge. Pelletier, a state prosecutor said, was defending "life or property" when he fired the shotgun.
"In this case, the defendant discharged his firearm into the air on his own property, which is not a violation of the statute," an assistant state attorney, Sandy Phillips, said in a memo. Phillips was not the prosecutor who filed the charge.
Labels: altercation, FL
Taunton, Massachussets
From the Taunton Gazette of April 7, 2007
Home invasion suspect being held
A suspected accomplice to an armed home invasion will be behind bars for up to 90 days after a Taunton District Court judge ruled he was "too dangerous" to release before his trial.
Jason Swanbon, formerly of Raynham, was ordered held on a Taunton Police charge of armed robbery by Judge Daniel O'Shea under the state's dangerousness statute.
The victim of last week's Jefferson Avenue home invasion identified Swanbon in the courtroom audience Thursday during the dangerousness hearing of primary suspect Arnold Toledo of Taunton.
Last Monday, a 26 year-old man was sitting in his living room when Toledo walked into his apartment drew a handgun, Detective Timothy White said. The resident told police he then lunged at Toledo, knocking him to the ground. The man overpowered the intruder and managed to get the gun, still gripped by Toledo, pointed it away from himself, police said. During the scuffle, a shot went off into a foot stool, and Toledo dropped the weapon, police said.
At this point, the resident told police, a second man came into the apartment, grabbed the gun off the floor, ran out to a waiting car and drove away. Toledo then managed to also run away, police said.
After the resident gave police a description of the car, they found a vehicle matching the profile, and were able to connect it to Toledo, police said.
During Thursday's hearing, the victim identified Swanbon as the man who ran into his apartment and grabbed the gun during the scuffle.
Labels: criminal's gun taken away and used against him, home invasion, MA
4/6/07
Chattanooga, Tennessee
From Chattanooga’s WRCBtv.com of April 6, 2007
Update: Police Would-be Home Invader KilledFrom the Chatanooga Times Free Press of April 7, 2007
There's been a shooting this afternoon in Chattanooga.
Police say a 38 year old man was shot twice trying to invade a home on West 39th Street just before 3pm this afternoon.
Investigators say the man came to the door with a gun drawn. They say the home owner acted in self-defense and fired with his own weapons, fatally wounding the would-be home invader on the porch of the home.
Officers say more than likely charges will not be filed in this case. So far, names have not been released.
Man shot, killed during St. Elmo home robbery attempt, police sayFrom Chattanooga’s WRCVtv.com of April 9, 2007
Police said a man was shot and killed Friday afternoon while attempting to rob a St. Elmo residence, becoming the fourth local homicide victim in the past 10 days.
Andre Terry, 38, reportedly broke into 1715 W. 39th St. about 2:45 p.m. Friday, according to Lt. Tim Carroll, head of the Chattanooga Police Department’s major crimes division.
Resident Stacy Eubanks, 35, and his brother Kevin Walker, 39, tried to shut the door on Mr. Terry but were unsuccessful, Lt. Carroll said.
The brothers began to struggle with Mr. Terry, whose gun began to fire off rounds during the altercation, Lt. Carroll said. He said Mr. Eubanks then retrieved his own weapon for self-defense.
“(Mr. Terry) was shot in the course of that,” Lt. Carroll said, explaining that the robbery suspect was taken to Erlanger hospital for treatment but died shortly after arrival.
Neither Mr. Eubanks nor Mr. Walker will be charged in connection with the incident, according to Lt. Carroll, as the homicide will be ruled a justified act of self-defense rather than a slaying.
New Information On Deadly Home Invasion
A man who was shot and killed while allegedly trying to invade a St. Elmo home has a long rap sheet.
Police say Andre Terry was trying to break into this home with a gun. Terry struggled with one resident, both parties exchanged shots, and Terry was killed. Police say the owners will not be charged because it was self defense.
It turns out Terry had a slew of past charges including unlawful possession of a weapon, theft, possession of cocaine, assault twice, and possession of crack for resale.
And one St. Elmo resident says this home invasion has her worried.
"I don't know if I need to get a weapon. If I had one I'd probably be afraid to use it and if I used it it might not work. You just don't know what to do," Marie Jones Grace.
Police say Terry knew the home owners from childhood but they believe the home invasion was random.
Labels: home invasion, TN
Memphis, Tennessee
From April 5, 2007 ABC channel 24:
The attempted robbery and shooting happened Cherry Market on Cherry Road in Southeast Memphis last night.
The robber was trying to hold up the store when the clerk shot him.
The robber wasn't seriously hurt.
Labels: business robbery, TN
Rittman, Ohio
From the Wooster Daily Record of April 6, 2007
Intruder faces gun Rittman resident holds alleged burglar for police
A burglar allegedly found himself facing a gun during a burglary attempt on Saturday.
Chris Lively, 26, of Front Street, was charged with burglary in an incident in which the homeowner pulled out a gun and called the police, according to the Rittman Police Department.
Lively allegedly entered the West Sunset Street home of William Kenneth McComas, 77, on Saturday afternoon, said Officer Mark Waggy.
McComas was expecting Lively, said interim city manager and former police chief Larry Boggs, reading from the department's records.
Lively had done yard work for McComas over the years, and McComas suspected him of stealing various items from the home, Boggs said.
McComas noticed the thefts occurred while he was out of town, Boggs said. The man decided to set a trap to catch the thief. McComas told Lively he was going away on Saturday but hid in the house with a companion, Boggs said.
McComas locked the doors. Lively allegedly used a key, which he was not authorized to have, to enter, Boggs said.
McComas and his companion confronted Lively when Lively entered the home's office, Boggs said.
McComas pulled out some kind of handgun, Boggs said, and used it to hold Lively until the police arrived.
Rittman police got the call from McComas' house at 4:06 p.m., Waggy said. He and another officer arrived on scene at 4:12.
A Doylestown officer arrived as backup at 4:15, Waggy said.
Lively was arrested and later allegedly confessed to stealing from McComas' property previously, Boggs said. Lively intended to steal something on Saturday but never got the chance, Boggs said.
Under the law, if a person enters an occupied structure with intent to steal or commit another crime, that is a crime, he said.
There was no property damage to McComas' house, Boggs said, and Lively did not show any weapons.
Lively had a permit to carry a concealed weapon, issued in August 2004, said Capt. Doug Hunter of the Wayne County Sheriff's Office.
"The fact he's recently run afoul of the law has resulted in the permit being revoked" as of Thursday, Hunter said.
Under Ohio law, people cannot hold concealed carry permits if they have felony convictions or any violence-related convictions, he said.
In March, Lively pleaded not guilty to unrelated charges of forgery and illegal processing of prescription drug documents.
Lively was convicted of driving while under the influence of alcohol from September 2001, Boggs said, sifting through police records.
Driving offenses would not affect the permit, Hunter said.
Labels: concealed carry permit, OH, residence burglary
Lebanon, Pennsylvania
From Harrisburg’s PennLive.com of April 6, 2007
Son found innocent in dad's death(More)
Gun was fired in self-defense, jurors decide
The jurors in Lebanon County Court didn't have to decide if Javier Roldan shot and killed his father. They heard Roldan testify to that fact.
But the jury had to decide whether Roldan was guilty of murder or had acted out of self-defense. After six hours of deliberation yesterday, the jurors acquitted him.
Roldan, 26, of the 100 block of Twin Creeks Drive, Jonestown, was found not guilty of homicide and two counts of aggravated assault.
He was charged after being accused of shooting his father, Jose Antonio Roldan, during a fight in their home Aug. 12. Roldan had testified that he shot his father, Jose Antonio Roldan, because his father had him in a choke hold and he feared for his life.
The verdict touched off a celebration among members of the Roldan family, some of whom had testified.
A tearful Javier Roldan embraced his mother, Gladys. He had testified that he fought with his father over the elder man's treatment of Gladys Roldan.
Javier Roldan hugged several more of the 15 family members present before he was taken to check out of Lebanon County Prison, where he has been held since the shooting.
"It's a huge release, a huge weight from our shoulders" Javier's older brother, Heriberto, said. He said the entire family believed the shooting was justified on the grounds of self-defense.
Labels: domestic abuse, PA
4/5/07
Chico, California
From the Chico Enterprise-Record of April 5, 2007
Victim fires back in Chico home invasion robbery
The sixth home invasion robbery reported to Chico police since December victimized a 54-year-old man in the 1100 block of East Lindo Avenue Tuesday night.
The resident, who isn't being named for his safety, told police he was awakened by a masked man who shined a flashlight in his face, just after 10:30 p.m.
The suspect reportedly displayed a handgun and took cash from the man's wallet.
As the suspect fled, the victim retrieved a handgun and fired two shots into the air.
Chico police Sgt. Dave Barrow said the suspect got in through an unlocked window. He said the description of the man, and the costume-style mask he wore, match that of suspects in similar robberies.
The perpetrator was said to be about 5-foot-8, with a slender build, and wearing a Halloween fright mask
In Tuesday's robbery -- and the previous five going back to December -- victims were unable to tell the race of masked intruder.
Labels: CA, home invasion, residence robbery
Macon, Georgia
From Macon’s 13WMAZ.com of April 5, 2007
Shooting in Macon
Macon police are investigating a fatal shooting at 3998 Floyd Avenue.
Bibb County Coroner Leon Jones says 26-year-old Erik Poole died of a gunshot wound around 3 a.m. Thursday.
According to Lieutenant Eric Walker, Poole came into the house where two other men were playing video games. The three talked for a few minutes; then Poole pulled a gun and tried to rob the other two.
Walker said one of the victims, Josh Askew, pulled out his own gun. Askew and Poole exchanged shots and both were hit.
According to Walker, Askew was taken to a local hospital with wounds in his arm. He is listed in stable condition.
Walker said the third person in the house has been taken to the Macon detective bureau for questioning.
Labels: defender shot, GA, residence robbery
Indianapolis, Indiana
From the Indianapolis Star of April 5, 2007
Homeowner shoots scavenger in scuffleFrom Indianapolis’ WTHR.com of April 5, 2007
A junk scavenger was shot in the leg today during a fight with an Eastside homeowner over a trash barrel.
Police said Nikia Johnson and an accomplice were taking a trash barrel from behind a garage in the 2700 block of Adams Street when the homeowner raised the garage door and discovered them.
The homeowner, Gus Eldridge, 53, said he told the men to return the barrel and they did, but the men refused to pick up the trash they had dumped from it.
Eldridge and Johnson argued and were scuffling when a .45 caliber handgun Eldridge was carrying discharged, striking Johnson in the leg.
Eldridge said he carries the gun whenever he is outside of his home because of the crime in the area."I'm just too old to wrestle,'' he said. "The gun just went off.
''Police are still investigating and no charges have been filed.
Homeowner shoots alleged thief
Police are investigating a shooting on the east side. They say a man was allegedly trying to steal something from a garage before 11:00 am when he was shot by the homeowner.
"I asked the guy to put it back and he refused to put it back. He wanted to fight. I don't understand," said Gus Eldridge, homeowner, with a shrug.
The suspect was shot in the leg and is reportedly in good condition at Wishard Hospital.
This story will be updated later.
Labels: altercation, IN, street property theft
Philadelphia, Pennsylvania
From the Philadelphia Inquirer of April 5, 2007
Home invasion ends in fatal shootout
After a shootout inside a West Oak Lane home last night, one man is dead, one man has fled, and a wounded resident was in custody by police.
According to the 22-year-old male resident, minutes after 11 p.m., two men confronted him outside his home in the 1900 block of Elston Street and forced him inside at gunpoint, demanding money, police said.
Inside, the resident produced a handgun of his own and exchanged gunfire, Lt. Philip Riehl said.
One alleged home invader, 22, died after being taken to Albert Einstein Medical Center.
As the other man fled, the resident apparently kept firing from an upstairs window, Riehl said.
The wounded resident was treated and released at Einstein, but remained in police custody this morning pending further investigation and possible charges.
The killing will not count as part of the city's murder toll, Riehl said, if it's ruled a justifiable homicide.
The Elston Street resident could, however, gun (sic) and drug charges, he said.
Labels: home invasion, PA, residence robbery
St. Martin, Mississippi
From Pasagoula’s Mississippi Press of April 5, 2007
St. Martin shooting death ruled self defenseShooting someone who is fleeing in the back may not yield a self-defense decision in many states
No charges have been filed against a 17-year-old male involved in the shooting death Tuesday night of 20-year-old Michael Pittman, who lived at 15608 Belmont Drive in St. Martin.
Jackson County Sheriff Mike Byrd said that Deputy Eddie Rudolph and Lt. Billy Bryant arrived about 10:48 p.m. in the parking lot of the Chevron at Miss. 609 and Big Ridge Road where they found Pittman deceased in a car.
An unidentified female had driven Pittman to the store looking for help after Pittman had been shot twice -- once in the hand and another time in the lung area while he was at the 4512 Fort Bayou Road home of Michael and Loren Gladney, Byrd said.
According to Pittman's brother, whose name was not released, they went to the house so Michael Pittman could confront several people who allegedly accused him of stealing a cell phone, Byrd said.
The brother, Byrd added, confirmed witnesses' reports that Michael Pittman exited their vehicle armed with a gun and threatened to shoot those in the area.
Investigators believe the incident could have been drug-related, Byrd said.
The ruling Wednesday was that the 17-year-old, who was also not identified, had shot in self-defense, striking Michael Pittman in the back as he was fleeing the scene, Byrd said.
After conferring with the district attorney's office, Byrd said no charges would likely be filed because the incident follows statutes related to self-defense claims.
"We are going to present it to a grand jury and let them make the final decision," Byrd said.
White Plains, New York
From the White Plains Journal News of April 5, 2007
New Rochelle man acquitted in shooting
A New Rochelle man who said he shot another man in self-defense as they wrestled over a gun that was never found was acquitted of attempted murder, assault and weapons charges by a jury that deliberated for less than two hours yesterday.
Anthony Caldwell Jr. and several relatives wept with joy after the verdict was read in state Supreme Court in White Plains after three days of testimony. Caldwell, 24, had faced up to 25 years in prison in connection with the July 19, 2005, shooting of Dino Washington in front of Washington's home on DeWitt Place.
"The jury obviously worked very hard on this case and realized that my client was completely innocent of all the charges," said Barry Warhit, Caldwell's lawyer, who spent about an hour delivering closing arguments before Westchester County Judge Rory Bellantoni yesterday morning. Warhit portrayed Caldwell as the victim of an assault who was, "motivated by a desire to survive," when he shot Washington.
Caldwell's father, Anthony Sr., and Washington had gotten into a fight four days before the shooting. Washington ran into his nephew's apartment and grabbed a baseball bat and tried to strike the elder Caldwell, but was thrown to the ground and subdued. Washington allegedly said, "Next time I'll have my gun to deal with you and your family."
On the night of the shooting, Washington and three friends left his apartment planning to go out when they found the windshield of Washington's car smashed and noticed Anthony Caldwell Jr. driving slowly past the building. Anthony Caldwell Jr. testified that Washington suddenly appeared at the driver's side window of his car pointing a gun at him.
Anthony Caldwell Jr. testified that his memory of exactly what happened was hazy because it happened so quickly, but he remembered reaching for the gun and two shots going off before he fled the area and went to hide out at a relative's house in the Bronx. Anthony Caldwell Jr. said the weapon fell to the ground and Warhit implied that Washington's friends could have hidden the gun before police arrived.
Assistant District Attorney Calvin Scholar said the fact that Caldwell fled was an indication of his guilt and tried to persuade the jury Anthony Caldwell Jr. was lying, claiming it would have been impossible for two men to struggle with a gun without either of them receiving cuts or burns when it fired, which neither man had on their hands. Washington, who was shot in the chest and arm but recovered, died of an unrelated liver disease in December.
Warhit said his client, who works at a recycling center, is planning to enroll in college.
Labels: altercation, NY
4/3/07
Mercer County, West Virginia
From the April 3, 2007 Charleston [West Virginia] Gazette:
PRINCETON – A Virginia man was shot and killed in Mercer County after he apparently approached his ex-girlfriend’s friend with a knife, police said.
About 2:36 a.m. Sunday, police were called to Kirby Addition Road near Princeton where Luther Vane Byrd, 37, of Bluefield, Va., was found dead with a knife in his possession, Mercer County Sheriff’s Detective L.B. Murphy said.
Milton Justice, 57, of Princeton had left a home where Byrd’s ex-girlfriend stayed since they parted and she moved out, he said.
When Byrd approached him in the driveway, Justice fired a .38 special at least once from inside the vehicle, striking Byrd in the head and killing him, Murphy said.
“We believe [Byrd’s ex-girlfriend did not have] an intimate relationship with shooter, but they were friends,” he said. “Luther was jealous of that.”
Justice has not been charged with a crime since it appears he killed Byrd in self-defense, he said.
But the shooting remains under investigation. Murphy will turn over his findings to the county prosecutor, who will determine whether to file any charges.
Police suspect Byrd was under influence of drugs and alcohol, Murphy said. His body was sent to the state Medical Examiner's Office for an autopsy.
Labels: domestic abuse, WV
Henry County, Virginia
From Roanoke’s WDBJ7 of April 3, 2007
No criminal charges in shooting death of Henry County man
William Perdue was shot eight times on the morning of August 13th. At the time, Henry County deputies declined to file criminal charges, saying it was a case of self-defense. But Perdue's mother demanded further review.
Commonwealth's Attorney Bob Bushnell says a State Police investigation now also backs up the self-defense claim.
Investigators say Perdue had been drinking alcohol and using cocaine the night before and the morning of the shooting. He also threatened several people with a gun before the shooting.
Everett, Washington
From the April 3, 2007 Seattle Post-Intelligencer:
EVERETT, Wash. -- Snohomish County prosecutors say they won't charge a 28-year-old man with homicide for his part in a gunbattle that ended with an Everett man's death.
Prosecutors believe 28-year-old Hector Francisco Diaz was protecting himself when he opened fire and shot Raymond O'Gorman five times with a .357 handgun in a south Everett apartment in November.
Deputy prosecutor John Adcock calls the shooting that occurred during an apparent robbery attempt a justifiable homicide.
But Diaz's troubles with the law are not over.
He recently was indicted on eight federal charges for allegedly selling large amounts of methamphetamine to undercover detectives from the South Snohomish County Drug Task Force.
A federal prosecutor says if Diaz is convicted, he could be sentenced to up to 40 years in prison.
Labels: residence robbery, WA
Houston, Texas
From Houston’s ABC13.com of April 3, 2007
Elderly man shoots teen who allegedly broke into his home
A southeast Houston homeowner opened fire on a suspected burglar this morning -- a man who police say turned out to be one of his own neighbors.
It happened near Avenue H and 76th Street when Bob Manross, 77, was watching television. He heard noises coming from the boats he has in his front yard and when he went to investigate, he heard a loud crash. He then found his 17-year-old neighbor dressed in black standing in his kitchen holding a pistol.
The suspect demanded money from Manross. Manross told him it was in another room, so the suspect waited while his elderly neighbor went to another part of the house. But instead of cash, Manross grabbed a rifle.
"I got my rifle, I cocked it, and I came back to the door before going to the kitchen," Manross told us. "And there he was standing in the door and I shot him right in the middle."
Manross said he had time to reload and shoot more if he wanted to, but he didn't. The suspect, only identified as a 17-year-old Hispanic male, fled the scene and was taken into custody two doors down when police found him lying on his couch.
The suspect was taken to Ben Taub Hospital, where he underwent surgery. We're told he will survive. There's no word of any charges. Manross and his wife, who was also home at the time, were not hurt.
Labels: residence burglary, TX
4/2/07
Corpus Christi, Texas
From KRIS-TV of April 2, 2007
Homeowner uses gun to stop burglar
COPRUS CHRISTI - A suspected burglar is behind bars after he's caught by a homeowner armed with a gun. The attempted burglary happened just before 7 a.m. Sunday morning in the 700 block of Monette, near Airline and Gollihar. (map)
6 News talked to residents in the neighborhood, who said they're glad to hear that a new law will give them the ammo they need to protect themselves from intruders.
Police said a 21-year-old was arrested after he was caught trying to burglarize this house. Neighbors said they were stunned by the incident.
"It's not common around here," Farley Frazier said.
Police said it happened when one of the residents heard a doorbell, went outside to look and didn't see anything, and went back inside and to bed. Then moments later the homeowner was awakened by the sound of footsteps upstairs.
"They got their gun, and went looking and they found two individuals upstairs," CCPD officer Allen Shelton said.
Police said one of the men jumped from an upstairs window, but the homeowners were able to hold this suspect at gunpoint until police arrived.
"He was smart enough not to do anything after he was told not to, otherwise it would not have been good for him if he had," Shelton said.
Farley Frazier, who lives right across the street, said he's glad a new law signed by Governor Perry this week will soon give homeowners the right to shoot and ask questions later.
"I don't have any problems you taking it into your own hands if someone has invaded your property, I think it's a good law," Frazier said.
"Corpus Christi has long been on the downhill side of that, both with the criminal prosecution and prevention, and anything homeowners can do to protect their property, they should," Bob Pegg said.
"That law hasn't gone into effect yet, but you still have the right to defend yourself and your home, and if you're in fear for your life, or serious bodily injury, you can defend yourself, and they easily had that here," Allen said.
The new law, called the Castle Doctrine SB 378 takes effect in September. Under current state law; you have a legal obligation to find a way out of the situation before resorting to deadly force.
In the meantime, police said they're still looking for the second suspect who was able to get away.
Labels: residence burglary, TX
Poca, West Virginia
From Charleston’s The State Journal of April 2, 2007
Putnam County Pharmacist Fires Back at Armed Robber
Putnam County pharmacy robbed twice since February.
A gun fight after an armed robbery locked down some Piutnam (sic) County schools early Monday.
An armed robber walked into the ValuRite Pharmacy for the second time since February, but this time, pharmacist Brac Brown followed him out.
When asked if the armed robber fired his weapon, Brown said, "That's possible, I don't really know on that. No comment."
Putnam County Sheriff Mark Smith said the thief, with 3000 OxyContin and hydrocodone pills in hand, shot first at Brown as he ran across a field to his car. Brown then fired back.
"I would assume, based on what happened today, that the pharmacist decided he would do something to protect himself, try to protect his business and I guess that's what occurred," said Smith.
Smith said there is no indication that anyone was shot as a result of the exchange.
Brown said when the robber walked in to the store, he was more aggressive and had a bigger gun. He pushed a patron, moved everyone to the back of the store and demanded drugs.
"We don't know how to keep someone from walking through the door with a gun," said Brown.
The ValuRite pharmacist ordered security cameras after the first robbery. They're not installed yet.
Brown said the same man robbed his store on Monday and early last month.
"His face was covered this time but, I recognized his height, voice and eyes," he said.
Smith disagreed, saying "the only thing we really have that's consistent, from the description, is a white male."
Smith said the suspect did speed away in a four-door, silver mid-sized vehicle. Deputies continue to look for him.
A spokesperson for Putnam County schools says all Poca and Rock Branch area schools were placed on lock down as a precautionary measure.
The lockdown was lifted by 11 a.m.
Labels: business robbery, WV
Dallas, Texas
From Dallas’ NBC5i.com of April 2, 2007
Police: Man Shoots IntruderFrom Dallas’ NBC5I.com of April 3, 2007
Police said a man shot an intruder who kicked down his door.
Dallas police said an intruder tried to break into a unit at the Chenault Creek Apartments in the 2900 block of Dilido Road.
Police said the suspect was taken to Baylor Medical Center in Dallas. The suspect’s condition is unknown.
Police: Man Fatally Shoots Intruder
Dallas police said a resident shot and killed someone who was trying to break into his apartment overnight Monday.
Emergency operators received the home invasion call at about 5 p.m. Monday to the Chenault Creek Apartments. A few minutes later, a second call notified officers of a shooting at the same address on the 2900 block of Dilido Road.
Officers said the burglar kicked in the door to the man's apartment and was confronted by someone inside. During the confrontation, the intruder was shot several times.
The shooting victim was transported to Baylor Medical Center in Dallas where he later died.
So far, police have not filed any charges with the resident in connection with the shooting.
Lorena, Texas
From Austin’s KXAN.com of April 2, 2007
Attorney: Shaver shot man in self-defenseFrom Tyler’s KLTV.com of April 3, 2007
His lawyer says country singer Billy Joe Shaver shot and wounded a man in self-defense outside a Texas bar and is cooperating with police.
Attorney Joseph Turner of Austin says Shaver -- who lives in Waco -- left a bar in Lorena on Saturday night.
Turner says a drunk, aggressive stranger with a knife followed Shaver into the parking lot.
The lawyer says Shaver shot the man in self-defense.
Turner declined to elaborate or say whether anything occurred inside the bar.
Police in Lorena _ about 80 miles north of Austin _ have not issued an arrest warrant over the shooting outside Papa Joes Texas Saloon.
The victim was reportedly shot in the cheek, but was talking and alert afterward and was hospitalized.
Shaver rose to country music fame in the 1970s.
He wrote "Georgia on a Fast Train" and "I'm Just an Old Chunk of Coal (But I'm Gonna Be a Diamond Someday)" and has recorded more than 20 albums.
Attorney: Warrant Out for Country Singer
Police have issued arrest warrants for country singer Billy Joe Shaver after he shot and wounded a man outside a Texas bar, the entertainer's attorney said.
After Shaver left a bar in Lorena on Saturday night, a drunk, aggressive stranger with a knife followed him into the parking lot, said attorney Joseph A. Turner of Austin. Shaver shot him in self-defense, he said.
Police in Lorena -- about 80 miles north of Austin -- issued arrest warrants late Monday on charges of aggravated assault and possessing a firearm in a prohibited place, Turner said.
Shaver attempted to surrender to Austin police Monday night but was not arrested because the police did not have a record of the warrants, said Turner, who accompanied Shaver.
Lorena authorities could not be reached for comment early Tuesday.
"We're working with the police to get this resolved," Turner told The Associated Press. "His priority is dealing with this issue.
San Antonio, Texas
From MySanAntonio.com of April 1, 2007
Burglary suspect shot by homeownerFrom San Antonio’s KSAT.com of April 2, 2007
A man in his 30s is in unknown condition at University Hospital after a homeowner shot him during a home invasion Sunday morning, authorities said.
At 8:10 a.m. James Benton, 63, grabbed a 9 mm gun after he heard three men kick in the front door of his home in the 9600 block of South Bend, police said.
He yelled at the men, but one suspect kept coming, he told police.
Benton said he feared for his life and shot the suspect once in the chest. The other two suspects ran out and fled in a van.
Benton had a camera mounted outside that showed the van backing into his driveway before the men forced their way into his house.
The wounded suspect was not identified in the police report.
Homeowner Shoots Home Invader
A homeowner opened fire on three individuals who attempted to break into his home Sunday morning, police said.
One of the individuals was injured in the chest by the gunfire, police said.
The other two people escaped and are still at large, police said.
The injured suspect was taken to a hospital.
Police said a surveillance camera mounted on the homeowner's garage door recorded the incident. Police said they were able to get a good description of their van.
Police said they're looking for a Ford minivan -- light-colored on top and two-toned on the bottom.
The minivan has a dent on the right side between the door and the gas tank, police said. Police ask anyone to contact them if they have information.
"Presently, we have officers all over the city looking for two individuals that were with the individual that got shot (while) burglarizing the house," Sgt. David Scepanski, a San Antonio police officer, said.
Javier Bocanegra, a neighbor, said several of the homes in the near Northwest Side neighborhood have been broken into.
Bocanegra worries that the escalating crime in the area could soon become unbearable.
"It's scary," Bocanegra said. "Luckily (the homeowner) had a gun and was able to scare him off. But yeah, it's scary."
Labels: residence burglary, TX
Riverside, New York
From Long Island’s Newsday of April 1, 2007
Salvage yard manager shoots alleged intruder
A Riverside man was shot in the groin Sunday after he was caught trying to burglarize an auto salvage yard, Southampton Town police said.
The manager of J&V Auto Salvage on South Country Road in Quiogue told police he spotted Albinas Augulis, 55, and one or more other suspects on his property at 7:30 a.m. Sunday, Det. Sgt. Randy Hintze said.
Hintze said the manager contacted police, but then confronted the intruder as he waited for them to arrive. He ordered Augulis to the ground, but Augulis continued to approach him, and the manager, whose name was not released, shot Augulis in the groin, Hintze said.
Augulis was taken by helicopter to Stony Brook University Medical Center, where he underwent emergency surgery and is expected to survive.
He was issued a field appearance ticket and charged with criminal trespassing, possession of burglary tools and attempted larceny.
After the shooting, town and state police searched the area with the assistance of dogs and a helicopter from Suffolk County police, but found no other suspects, Hintze said.
Hintze said police are investigating whether Augulis made any direct threats toward the manager before the shooting. No charges have been filed against the manager.
The attempted robbery was the latest in a recent spate of burglaries at the yard, from which thieves have made away with car batteries and catalytic converters, Hintze said.
Labels: business burglary, NY
Philadelphia
From the Philadelphia Daily News of April 4, 2007
Police assurances on his gear are music to DJ's ears
BRIAN LEWIS was leaving his apartment, heading to a gig as a disc jockey in January 2005, when three guys jumped him.
Two of them pulled pistols.
The men wanted his gear, including two CD mixers worth $499 each.
They also wanted Lewis to turn around and go back inside his house with them.
What the robbers didn't know was that Lewis had a gun, and a permit to carry it.
Lewis reached for his gun, telling the robbers he was pulling out the key to his door.
Lewis aimed across his body, drawing a bead on the head of one man aiming a pistol at his back.
Click.
The gun was loaded, but there was no bullet in the chamber.
The two robbers heard the pistol's dry fire and blasted away, shooting Lewis in the back.
"I was able to stand my ground and get a round in there," Lewis said.
"I turned around, started yelling and shooting back. I shot every bullet I had in my clip. I just kept pulling the trigger."
Lewis hit two of the three men, killing one of them. Lewis slumped to the ground and briefly passed out.
He woke up worried about the two robbers still alive.
"I was scared to death," he said. "I was shot. I wasn't going to wait until they finished me off. I got the hell out of there."
Lewis drove, beeping his horn and screaming for help, several blocks to a friend's house, where police and an ambulance came to take him to the hospital.
More than a year later, Lewis knows he is lucky to be alive, and recovered from his injuries.
Police, meanwhile, quickly ruled that he'd been justified in defending himself.
Still, his close call has left one lingering mystery:
What happened to his disc jockey equipment?
"I've been stumped," he said. "I've called everybody. I called the Homicide detectives. I called the district attorney's office."
Then he called the Daily News.
It took some digging, perhaps because there were three police reports filed for the incident in front of Lewis' home in the Ivy Hill neighborhood.
The first officers to arrive there found a dead robber and the disc jockey equipment.
The wounded robber was found somewhere else.
And Lewis was found at his friend's house - three locations, three reports.
So the Police Department and the D.A.'s office rooted through their files last week to trace the mystery of the missing disc jockey equipment.
Lewis also wondered about the fate of his gun, a .40-caliber Taurus that he dropped in front of his house after firing all 11 of its bullets at the three robbers.
"If I'm not going to get my gun back, I'd like to get it out of my name," Lewis explained.
It was unclear last week if the two robbers who survived the shootout with Lewis ever faced criminal charges.
The D.A.'s office has no record of the case being sent its way.
Capt. Ben Naish of the Police Department's Public Affairs Unit did some research and determined that the disc jockey equipment was confiscated as evidence, in part because it was covered with blood in the robbery.
"We'll be able to get him his stuff back," Naish said last week, predicting that Lewis would be reunited with his equipment this week.
"We're working on getting him the proper receipts out of storage right now so that he'll be able to claim them. It shouldn't be a problem."
As for Lewis' gun, Naish explained that "Guns used in a homicide, justified or not, stay in the custody of police."
Lewis could file a petition in court for the gun but it doesn't sound like he wants it back.
Naish said Lewis shouldn't worry about the gun still being registered in his name.
"It's not something that he'd have to worry about being out on the street," Naish said.
Lewis was thrilled to hear his equipment might be returned.
"That's beautiful," he said last week.
"That's great news." *
Labels: concealed carry permit, defender shot, PA, street robbery
4/1/07
Salt Lake City, Utah
From the Salt Lake Tribune of April 1, 2007
14-year-old attempts to rob Millcreek bar
A 14-year-old boy carrying a revolver tried to rob a bar in East Millcreek on Saturday night but instead took a beating. The boy entered the back door of the Catfish Cabana Club, at 3820 S. Highland Drive, held out a revolver and yelled, ''This is a robbery,'' according to sheriff's deputies. That's when the bar owner grabbed the gun and wrestled the boy. The struggle spilled into a back parking lot and ended with customers and the bar owner pinning the boy to the ground until deputies could arrive, Salt Lake County sheriff's Lt. Rob Norton said. Another teen with the would-be robber ran as soon as the robbery went awry, Norton said. Deputies used dogs to search for the teen, who did not appear to have a gun, Norton said. The captured boy was booked for aggravated robbery and held in juvenile jail. ''We've seen a lot of kids with guns in recent years,'' Norton said. ''But the fact that such a young boy attempted a strong-arm robbery is particularly alarming.'' Nobody was hurt in the robbery, except the boy, Norton said. He was bleeding from his head after the struggle.
Labels: business robbery, criminal's gun taken away and used against him, UT
