Portland, Oregon
From the The Oregoniann of June 30, 2007
Portland man, 71, wounds intruderFrom the KATU of July 9, 2007
A Northeast Portland homeowner who came face to face with an intruder in the early morning darkness Friday shot him once in the head, leaving him seriously injured, family members and authorities said.
About 4:50 a.m., Leroy Hudson, 71, and his wife, Janice, 62, awakened to the sound of a break-in, said Walter Hudson, 49, the second of the couple's nine children. Walter Hudson relayed his parents' account of events:
Leroy Hudson was asleep upstairs and Janice Hudson was asleep downstairs in their home near Northeast 107th Avenue and Glisan Street. When they heard suspicious noises from their enclosed back porch, they met in a hall and got out a gun.
Janice Hudson called 9-1-1 to report an intruder. Leroy Hudson opened the back door of the house and found a man standing in front of him. He demanded to know what the man was doing, hoping to scare him off.
But the man said nothing. Instead, he walked toward Leroy Hudson, and Hudson raised the gun and shot him. Police arrived soon after.
Police have not released the intruder's identity but think he's about 26 years old, said Officer Brian Schmautz, a Portland Police Bureau spokesman.
The man's gunshot wound was life-threatening and he had surgery at Legacy Emanuel Hospital & Health Center, Schmautz said. No condition report was available.
Janice Hudson had stayed on the line and told 9-1-1 operators that a gun had been fired and someone was down, Schmautz said. When police reached the home, they stood outside and called for the homeowners to step out. Police then found the man lying on the back porch amid signs of forced entry. The intruder was not armed.
The Hudsons' home was busy Friday with the couple's children and grandchildren stopping by to offer support and help clean up.
Walter Hudson said he was grateful no one in his family was hurt but his thoughts also were with the intruder's family.
"It's so terrible on both sides," he said.
Walter Hudson said his father served in the military about 50 years ago, but he didn't know the details. He didn't believe his father had used a gun on a person outside the military.
His parents and his aunt, who turns 84 today, moved into the house a year and half ago, he said. His father hasn't told him how the incident affected the couple emotionally, but it was a surprise to encounter such a threatening situation in the peaceful neighborhood.
Schmautz cautioned residents about keeping guns at home. An intruder could turn a weapon against a resident in such a confrontation, he said.
Also, Schmautz said residents should weigh the risk of personal danger against the loss of belongings.
No charges have been pressed in the incident. The Multnomah County district attorney's office will consider what action is warranted, Schmautz said.
Police: No charges for homeowner who shot intruder
An elderly man who shot a suspected intruder in the head at his northeast Portland home late last month will not face criminal charges, officials announced Monday.
The Multnomah County District Attorney's Office completed its review of the June 29 incident and determined the case would not go before a grand jury, police said.
According to police, 71-year-old Leroy Hudson awoke in the early morning hours to the sound of breaking glass and someone moving around in an enclosed porch area of his home in the 10700 block of Northeast Glisan Street.
Police have not elaborated on what happened next but at some point Hudson shot at the suspected intruder.
The injured suspect, 26-year-old Brent Alexander Sweet, was treated at Legacy Emanuel Hospital and released over the past weekend.
Police have charged Sweet with first-degree criminal trespass, and he was scheduled to be arraigned Monday.
Labels: home invasion, OR
Midwest City, Oklahoma
From Oklahoma City’s KOCO.com of June 30, 2007
Pit Bull Shot After AttackFrom the Midwest City Sun of July 3, 2007
Dog Owner Cited For Harboring Vicious Animal
Midwest City police said they wouldn't cite a man who shot a pit bull terrier that was attacking a meter reader.
Jason Fish was reading a meter for Oklahoma Gas and Electric Friday when police said the dog attacked him. A neighbor heard Fish screaming and shot and killed the animal with a shotgun.
Midwest City Police Chief Brandon Clabes said Fish was taken to a local hospital with serious injuries.
Clabes said the dog's owner -- Terry Almon -- was cited for harboring a vicious animal.
Neighbor shoots dog in Midwest City
A dog was shot after attacking a meter reader Friday, according to Midwest City assistant police chief Jay Dee Collins.
Collins said at about 11:30 a.m., the Midwest City 911 center received a call about a person being attacked by dogs in the backyard at 214 E. Jacobs.
Jason Fish, a meter reader for Oklahoma Gas and Electric, approached to read the meter. He rattled the gate and one dog came to him and seemed friendly, Collins said. He then hopped over the gate and was met by two additional dogs, one of which was aggressive, Collins said.
The dog, a mixed breed, started attacking Fish, biting him numerous times on the arms, hands and ankle, Collins said. The meter reader called for help and his calls of distress were heard by a neighbor, Collins said.
Collins said the neighbor looked out and saw the man in trouble and distracted the dog.
“The dog came toward him and he shot one round and incapacitated the dog at that point,” Collins said.
At that point, the meter reader was able to escape back over the fence.
Police, fire and EMS arrived. The victim was taken by ambulance to the Midwest Regional Hospital, Collins said.
The dog was taken into custody by animal control and died on the way to the shelter, Collins said.
Charges were filed against the owner of the dog, Terry Almon, for harboring a viscious animal, Collins said.
Charges were not filed against the shooter because he fired to preserve the life of another person, Collins said.
Almon said his dog, Princess, has never attacked anyone before.
“It surprised me,” he said.
Almon also said it would not be possible for the neighbor to be aware of what took place in the yard.
“I have a 6-foot stockade fence around my house,” Almon said. “He couldn’t see anything.”
Arkie Stevens, the alleged shooter, did not wish to comment.
Sardis City, Alabama
From the Albertville Sand Mountain Reporter of June 29, 2007
Man captures intruder at gunpoint
Three people apparently didn’t believe in the old saying “three strikes and you’re out,” or else they wouldn’t have attempted to burglarize the same Sardis City home Wednesday morning.
Sardis City police Chief James Alverson said he believes three men were responsible for burglaries on June 21 and Monday of a U.S. 431 South residence and apparently were attempting a third burglary when things didn’t go as planned.
Alverson said a friend of the homeowner was staying at the home Wednesday when he heard a vehicle pull up to the house and blow its horn.
The unidentified friend told police he looked out the window and saw a black truck, with which he was not familiar, in front of the house. A short time later, the doorbell rang, but the friend did not respond.
Alverson said the friend told police that, a few minutes later, one of the men popped open the lock on the back door with a screwdriver and entered the house.
The man then started toward the basement door in what was believed to be an effort to let an accomplice into the house.
The homeowner’s friend, who had a pistol, confronted the surprised burglar and told him, “Don’t you move!”
Believing he might be shot, the man did not move. Then the friend proceeded to take the intruder outside, asking him, “Where’s your other buddy at?”
A man in the pickup truck in the driveway saw his partner being held at gunpoint and quickly drove back to U.S. 431.
The truck’s driver stopped to speak with a second man, parked as an apparent lookout, in a red vehicle near the highway.
The two then waited for the home’s occupant and his captive to approach, at which time the occupant told his prisoner, “You better tell your buddies they just better go on.”
(Long, involved, and interesting story)
Labels: AL, residence burglary
Mary Esther, Florida
From the Northwest Florida Daily News of June 29, 2007
Thieves load boat; victim unloads gun
A Mary Esther man had his boat stolen from his home, but the thieves didn’t get away before he had a chance to shoot at their truck.
Three men went on the man’s property on U.S. Highway 98 and loaded his boat into the back of their truck on June 27, according to a Sheriff’s Office report.
They left with the boat and the victim followed, and when the boat owner had the chance, he shot at the rear wheel of the truck with a Smith and Wesson.
It’s not clear if he was able to hit the truck, but his aggressive response must have helped. Two of the men have been arrested.
Christopher Clark, 23, and Elliott Stone, 20, both of Mary Esther, have been charged with burglary and larceny.
Labels: FL, residence burglary
Columbus, Ohio
From Columbus’ NBC4i.com of June 28, 2007
Police: Resident Fights Back, Shoots Burglary Suspects
Police are trying to determine the events that led up to an apparent home invasion and shooting on Thursday afternoon.
According to neighbors, two armed men attempted to break into a home on Koebel Road at about 12:30 p.m. A short time later, neighbors said they heard gunshots, NBC 4 reported.
Police said the resident was home alone when the alleged break-in occurred. According to police, the victim shot both suspects, striking one of them in the leg.
The men fled the scene, but were later arrested and taken to Grant Medical Center in stable condition.
Neighbors said the incident was the second attempted break-in at the man's home in less than a year.
Police said the homeowner will not face charges because he was defending himself.
Labels: home invasion, OH
Provo, Utah
From the Provo Daily Herald of June 28, 2007
Provo man uses pistol against burglar
Burgle him once, he buys a gun and an alarm.
Try it again and you might get shot.
Police say residents of the Old Academy on University Avenue took on an auto burglar with loaded guns Wednesday morning.
It was the second time the resident's vehicle had been burglarized, and Provo Capt. Cliff Argyle said the man purchased an alarm after the first burglary.
The alarm paged the vehicle owner at 4:30 a.m., notifying him that his Toyota 4Runner had been broken into. He ran down to the underground parking lot with his roommate.
Both brought their pistols.
The two residents confronted the would-be burglars, telling them to get on the ground, Argyle said.
The suspects instead ran to their vehicle and started to drive away. The roommate of the vehicle owner fired his pistol at the green sedan, hitting the front driver's-side tire.
"The tire did not deflate, and the driver kept driving and the vehicle went on its way," Argyle said. The suspects got away in their green sedan. The roommates did get a license plate number and police are waiting to release it.
…
The Old Academy is Brigham Young University contracted housing. Part of the agreement signed by tenants states that there will be no firearms "unless prior written consent is received from owner/agent and all other tenants in the rental unit."
As for whether the roommates could face charges within Provo City, Argyle said none are being considered at this time. He did say this crime story is unique.
"We've had people confront vehicle burglars in the past, but this is the first time I can recall where the person has used a firearm to confront someone," Argyle said.
Labels: street property theft, UT
Riviera Beach, Florida
From the Palm Beach Post of June 28, 2007
Business owner fires at robbers, hits bystander, police report
After two men shoved guns in an auto shop owner's face, taking $1,300 from his business, the owner grabbed his own gun, followed them outside and fired, police said.
Police don't know if any of the shots hit either robber, but one did hit a bystander in the ankle.
The bystander, who police would not identify Wednesday, was taken to an area hospital with an injury said to be not life-threatening.
According to police, investigations into both the robbery and the shooting, which happened shortly after 1 p.m., are continuing.
Richard Hydro, 54, owner of Motor Werkes, in the 4600 block of Dyer Avenue, was not held by police. A man answering the telephone at his home said the business owner had been advised not to discuss the shooting.
Riviera Beach spokeswoman Rose Anne Brown, however, said, "The (robbery) victim, in fear of his life, followed the subjects and shot at them."
She added that a second encounter outside the business preceded the shooting, but said she had no information on what took place. The robbers took cash and personal credit cards, police said.
Hydro has a concealed weapons permit, according to state records. He has owned the property where the business is since 1993, records show.
A report on the shooting will be sent to the state attorney's office in the next few days to determine whether charges will be filed, Brown said.
Police say the robbers fled in a silver, four-door, late-model Chrysler or Dodge, possibly an Intrepid, driven by a woman. Both had semiautomatic handguns, one black and one silver, police said.
Labels: business robbery, concealed carry permit, FL
Clarksville, Tennessee
From the Clarksville Leaf-Chronicle of June 28, 2007
Victim turns tables on burglar
50-year-old man wrestles gun from teen
Sheriff's Investigator Julie Webb wishes every home invasion could have such positive results.
"It worked out awesome," said Webb, the lead investigator on the case. It was a burglary where the occupants of a River Hills Drive residence awoke to find an armed burglar in their home, only to wrestle away his weapon, chase him from their home, and later identify him for the arrest.
"We had wonderful victims that handled themselves as well as you could ask for," she said.
At about 1 a.m., a male resident awoke at his usual time, but noticed that some things were out of place, Webb said.
"He said it took him a minute to register," she said, but he quickly found a masked man with a rifle in a bedroom.
The masked man, Craig Majors, 19, who gave a 211 Al Orta Drive address, pointed the rifle at him and "told him not to look at him, turn around, or he would kill him," Webb said.
Majors then demanded money, to which the victim responded that they use debit cards and don't keep money in the house. Majors decided to take the victim to a nearby ATM to withdraw his money.
Still holding the gun at the victim's back, Majors led him to the garage where he found some bungee cord to tie him up with. As he tied him up, Majors held the gun under his arm, which turned out to be a mistake.
"(The victim) said to me he realized that was his opportunity," Webb said. "He turned around and jumped on this man, and the fight was on."
The victim, who is in his 50's, yelled as he fought Majors, and his wife awoke to find them fighting in the garage.
She then struck the burglar in the side of the head.
The male victim was able to get an upper hand in the fight, Webb said, as the gun lay on the ground. Majors then got on top of the victim, but the victim was able to kick him off and down a staircase. He then picked up the gun and attempted to fire it, but it didn't fire, so he started swinging the gun at Majors who ran, Webb said.
The couple watched Majors sped away in a dark colored, four-door car, the same vehicle deputies found abandoned no more than a mile down the road, after it struck a tree.
(More)
Labels: criminal's gun taken away and used against him, residence robbery, TN
Plantation, Florida
From Miami’s Local10.com of June 28, 2007
Police: Customer Shoots 2 Subway Robbery SuspectsMore details from the June 29, 2007 South Florida Sun Sentinel:
Retired Marine Kills 1, Wounds Another, Police Say
A retired United States Marine disrupted a robbery in progress when he shot two men who attempted to rob a Subway sandwich shop, fatally wounding one of them, police said.
According to Plantation police, two armed men barged into the Subway at 1949 Pine Island Rd. shortly after 11 p.m. Wednesday, demanding money from the employee behind the counter. When they tried to force a customer into the bathroom, he pulled out a gun and shot both men, police said.
One man was shot in the head and later died at the hospital. The other ran from the Subway, but police found him in hiding in some bushes on the property of a nearby BankAtlantic.
A witness who was about to enter the Subway at the time said he thought the shootings were justified.
"I think justice, you know, was served and a civilian was a hero for today," Sebastian Shakespeare said.
Police said the customer, a retired Marine, wouldn't be charged.
Lovell, 71, of Plantation, has a valid concealed weapons permit and is not expected to be charged in the shooting, said police spokesman Detective Robert Rettig. Gadson, however, faces multiple felony charges that could include murder, he said. Under Florida law, anyone who commits a felony such as armed robbery resulting in a death can be held accountable for the capital offense.
Florida law gives people the right of "self-defense without the duty to retreat." That means individuals can use deadly force virtually anywhere to prevent death or serious injury.
Labels: business robbery, concealed carry permit, FL
Hobart, Indiana
From Merrillville’s Post-Tribune of June 28, 2007
Police say shooting could be self-defense
A Hobart man is hospitalized after a fight ended with a shooting Tuesday evening that police believe could be ruled self-defense.
Witnesses say Lawrence Halt, 43, was in an argument in front of his next-door neighbor's home in the 100 block of North Guyer Street when he put Michael Peco in a headlock. Police believe they were fighting over whether Halt would be allowed to do home repair work for Peco, according to police.
Halt followed Peco into his home, where police believe he again put Peco in a headlock. During a struggle, Peco drew a .38-caliber semiautomatic pistol and shot Halt, once in the hand and again in the chest, said Detective Lt. Leo Finnerty.
"He was in fear, and he shot him twice," Finnerty said.
Halt was hospitalized but he was awake and alert Wednesday morning when he was interviewed by police, he said.
Police continue to interview witnesses.
The results will be referred to the Lake County prosecutor, who will determine whether charges will be filed and against which man.
Omaha, Nebraska
From Omaha's KETV of June 26, 2007
Resident Fires Gun At 3 Burglars
A couple being robbed in their home Monday night was able to fire a shot at the burglars, police said.
At about 10:30 p.m. Monday, police said three white men entered at home at 11029 Jones St. through an open garage door. The residents told police the robbers demanded money at gunpoint. One of the residents was able to grab a gun and fire.
No one was hit and burglars got away.
Labels: home invasion, NE, residence robbery
Pittsburg, California
From the Contra Costa Times of June 27, 2007
Suspect sought in Pittsburg barber shop gunfight
Police are looking for a gunman in connection with a morning gun battle at a local barber shop that left at least one of the shooters injured.
At 11:10 a.m., police received calls of gunfire at Phatcuts in the 3900 block of Railroad Avenue, said Lt. Brian Addington.
Officers on the scene found a 31-year-old Antioch man, who is a barber at the shop, bleeding from several gunshots to his legs. He is in stable condition at a nearby hospital, Addington said.
No customers were reportedly in the store, and no other injuries were reported.
The barber told police that he was alone inside the barbershop when a man walked in and started spraying gunfire.
The barber pulled out a .45 caliber handgun that he had in his waist band, and returned fire, Addington said.
The gunman fled and jumped into a Buick Park Avenue that sped away.
Nearly two hours later, police received a call from an area car dismantler and salvage yard about a suspicious car that had just been left there. A man dropped it off minutes before wanting to buy windshields to replace the car's front and back windows, which had been shot out, Addington said.
The car was also punctured by myriad bullet holes. The driver fled the scene before officers arrived at yard, Addington said.
Detectives are actively investigating leads to the gunman's identity, Addington said.
Labels: assault, CA, defender shot
Daytona, Florida
From the Daytona Beach News-Journal of June 26, 2007
Woman shoots at charging pit bull
Memories of an Easter Sunday pit bull attack four years ago came rushing back to Christine Bruce on Monday night as a pit bull charged toward her while she was jogging with her dogs.
Unlike four years ago, this time she was ready.
She pulled out her .38-caliber handgun and fired a shot at the charging pit bull as she was screaming at it to stop, she said Tuesday in a telephone interview.
The attack four years ago -- a pit bull ripped open part of a body cast on her right arm while she was recovering from spinal surgery -- prompted Bruce to start carrying the gun for self-defense, she said.
Bruce said she normally walks and runs every day with her two labs and a German shepherd.
According to a Volusia County sheriff's report, Bruce, 44, was jogging with her dogs at 8:13 p.m. when she saw Ricky Charles Ward standing in front of his house at 1435 Gainesville Drive with a white pit bull on a leash. She said Ward started exciting the dog and when she asked him to stop, he let the dog go and told it to attack her.
"The dog was inside the house barking and then (Ward) opens the door and comes out with the pit bull on a leash," Bruce said. "I kept running to get away but then I looked back and he let go the leash and the dog."
Afraid for her and her dogs, Bruce retrieved the handgun from her bag and fired at the charging pit bull. She missed the dog but the sound of the gunshot scared it away, the report states.
Bruce has a concealed weapon's permit, sheriff's spokesman Brandon Haught said. The case has been turned over to Deltona Animal Control for review, Haught said.
Ward, 47, was issued a warning by a city Animal Control officer to keep his dog under control, city spokesman Lee Lopez said. Ward could not be reached Tuesday.
Stricter action could not be taken because "there is not a history with this dog at that address," Lopez said.
Labels: animal, concealed carry permit, FL
Las Vegas, Nevada
From Las Vegas’ KTVN.com of June 26, 2007
Suspected Robber Left Dead After Attempted Jewelry Store RobberyThe video which accompanies this story confirms that the clerk shot the robber.
A neighborhood is briefly on lockdown, following a shootout in a local jewelry store.
Now one person is dead and police are searching for a possible suspect.
The search is on for that possible suspect, but right now Metro has two people in custody.
It was a crime that had police scrambling through several eastside neighborhoods chasing a suspected robber.
It all started at a jewelry store. Police say two or three men and a woman went in with guns to rob the place.
They say they were confronted by a woman working in the store, and during that run-in one of the suspects ended up shot.
That suspect later died.
People in the neighborhood saw the other suspected robbers run right by them.
Roy Martin Middle School and Sunrise Acres Elementary both went into lockdown, as police chased and caught a man and a woman they say may be involved.
Police believe there may be one more suspect on the loose, and the neighborhood is still shaken up.
From Las Vegas’ KVBC.com of June 26, 2007
Robber dies after being shot by store ownerFrom Las Vegas’ KVBC.com of June 26, 2007
A robbery suspect is dead following a robbery gone bad at a jewelry store. It happened Tuesday morning at the Gold Doctor jewelry store on Mojave near Charleston. Another suspect is still on the run.
Police say at least four people entered the jewelry store at around 11:30 Tuesday morning; police say at least two of them were armed. It's then that police say a struggle ensued between the suspects and the business owners.
One of the owners managed to wrestle a gun away from a suspect. The owner shot the suspect in the abdomen; he was transported to a local hospital where he later died. As for the other suspects involved, police did managed to detain two, a male and a female just blocks away from the crime scene.
The fourth suspect is still on the loose and police just have a vague description to go on. He is described at a black male adult with very short hair, and he's believed to be wearing a white shirt and dark pants.
Police tell us the owners are obviously shaken up, but fortunately they were not injured. Police also tell us that at this time it's too early in the investigation to talk about whether the owner who shot the suspect will face charges in all of this or if it may just be ruled self defense.
Details into the fatal robbery at local jewelry store
We now know more about a deadly store robbery that happened Wednesday morning. Two suspects are in custody while another is dead - shot by the store owner.
It's back to business at the Gold Doctor jewelry store; the only signs of any crime is a single bullet hole in the door blinds. But a much scarier scene is detailed in the arrest report - an inside look into Tuesday's robbery gone bad.
The report says two suspects, armed with semi-automatic handguns, kicked in the front door and wrestled with store owner Zane Houston. Kenneth Kalbach, another owner, heard the commotion and tried to fight back by jumping on the suspect.
A third employee, Beatriz Hernandez, was held hostage with a gun to her head. Meanwhile, two other suspects, Miya Mason and Thurman Hall, were waiting outside with a getaway car.
As Kalbach watched the robber approach him, he feared for his life but still managed to get the robber's gun; Kalbach fatally shot him in the stomach.
The police report says that Mason and Hall admitted they took part in the robbery, but the investigation is not over yet; one more suspect is still on the loose.
Mason and Hall are expected to appear in court Thursday morning on charges of conspiracy, robbery, kidnapping and murder.
Labels: business robbery, criminal's gun taken away and used against him, NV
Shreveport, Louisiana
From Shreveport's KTBS of June 26, 2007
Homeowner kills suspected burglarFrom Shreveport’s KTBS.com of August 20, 2007
A homeowner shot and killed a suspected burglar this morning after finding him breaking into a car and a storage shed in his townhouse development.
Police said the homeowner tried to hold the burglar at bay until officers arrived, but the burglar tried to attack him.
The 49-year-old homeowner was questioned by police and released with no charges filed. The case will be sent to the district attorney for a decision on whether charges should be filed.
The shooting happened about 2:30 a.m. on Carlsbad Drive in far southeast Shreveport.
Killed was Jonathan Sternitzky, 19, who lived on nearby Monet Drive in the same development.
The homeowner said he saw the break-ins in progress, got a gun and went outside. He told police he tried to hold Sternitzky until officers got there but Sternitzky tried to attack him.
Police said the homeowner fired one shot, hitting Sternitzky in the chest.
Police said the mortally wounded man ran around the corner of the building before he collapsed and died.
Authorities did not release the name of the homeowner.
Clay Carroll backed his neighbor's action.
"Let people know that this ain't gonna be an area where it's tolerated," Carroll said. "We need to keep the crime out."
D.A. says shooting of burglar by homeowner was justified
A homeowner acted in self-defense when he fatally shot a man after catching him breaking into a car in his Shreveport townhouse development, Caddo District Attorney Paul Carmouche said today.
Prosecutors reviewed the findings of a police investigation and autopsy results before concluding the homeowner -- who was trying to hold the burglar at bay until police arrived -- was being attacked by the burglar when he fired, Carmouche said.
Carmouche said the 49-year-old homeowner was sitting on his Carlsbad Drive patio about 3 a.m. on June 26 when he heard someone breaking into a car. The homeowner got a gun from his house and confronted the burglar.
The burglar tried to convince the homeowner to let him go, then told him he had previous arrests and "nothing to lose" and charged the homeowner, Carmouche said. The homeowner fell back and fired one shot, hitting the other man in the chest.
Mortally wounded Jonathan Sternitzky, 19, ran around the corner of the building before he collapsed and died.
Sternitzky lived on nearby Monet Drive in the same development. Autopsy results showed Sternitzky had multiple drugs in his system, Carmouche said.
"Based on the autopsy report, the homeowner's statements and the facts, it is a justifiable homicide," Carmouche said.
Labels: LA, street property theft, trespassing
Salt Lake City, Utah
From the June 25, 2007 International Herald-Tribune:
SALT LAKE CITY: Authorities said a prison inmate out for a medical appointment wrested a gun from a corrections officer and killed him, then led police on a high-speed chase in a stolen sport utility vehicle before his capture at a fast-food restaurant.
Curtis Allgier, who wears a swastika and the words "skin head" on his heavily tattooed face, fired a shot in the Arby's restaurant that hit no one before a customer snatched the gun, Salt Lake City police Sgt. Rich Brede said.
"It sounds like he was heroic, even though he's being humble about it," he said of the 59-year-old customer.
...
Police pursuing Allgier placed tire spikes on Interstate 215, but he still was able to drive several miles (kilometers) before bailing out in the Arby's drive-thru lane, police said.
Police arrived at the eatery just as Shirley Smiley, 57, was outside after breakfast with her husband and son. She said she heard a "popping noise" from inside, and police yelled "Get down!"
About six other customers and three employees were inside the restaurant, Smiley said. At least one person was "struck with some object" but was able to walk out, bloodied around the head, Brede said.
Police did not identify the customer who wrested the gun from Allgier, saying he did not want to be identified.
KUTV identified the customer as Eric Fullerton.
"Everybody's calling me a hero. I'm not a hero," Fullerton told the TV station. "I just did what I had to do."
Allgier had been at the Utah State Prison in the Salt Lake City suburb of Draper on a parole violation. On June 14, he was sentenced to nearly nine years in federal prison for being a felon in possession of a firearm but had not been transferred yet to the U.S. Bureau of Prisons.
Labels: altercation, criminal's gun taken away and used against him, fugitive, UT
Londonderry, New Hampshire
From the Eagle Tribune of June 25, 2007
Murder victim shot at prowler months before he was killed
About 18 months before he was murdered, Jack Reid stepped from his home early one November morning, armed with a .357-caliber Magnum, and fired at an intruder crouching between two vehicles on his property, according to police reports.
On Nov. 8, 2003, two Londonderry police officers responded to 47 Rockingham Road, where Reid was living at the time. One used a police dog to track the prowler into the woods.
Reid told police he fired five shots at a man dressed in dark clothing, who stood up between the two vehicles and yelled "Jack!" before running into the woods. Reid said the man was hiding between a station wagon and a moving van.
State police who are investigating Reid's murder in June 2005 have made the three-year-old incident part of their investigation. On Tuesday, authorities charged John Brooks, 54, formerly of 68 High Range Road in Londonderry, and three other men with conspiring to kill Reid near 145 North Road in Deerfield, N.H.
The state attorney general's office has refused to disclose a motive for the killing, saying only police are still gathering evidence. Reid, 57, was living in a trailer in Derry at 25 Scobie Pond Road when he went missing June 27, 2005. His body was found a week later in a dump truck parked behind a Target department store in Saugus, about 40 miles from his home. The truck was one Reid used for his salvage collection business.
Londonderry police Officer Scott Balukonis and K-9 Officer John Perry wrote separate reports about the Nov. 8, 2003, incident. Those reports detail their actions in response to Reid's call to police, made around 1:06 a.m. Reid told police his dog, tied up outside his trailer, woke him up.
Zip, the police dog that responded to Reid's call, located a human scent where Reid said he spotted the man. He described the intruder to police as 5 feet 10 inches tall, wearing black clothing and a black hat. Reid said he did not recognize the prowler, even though the man had yelled his first name.
"Zip began to track strongly between the two vehicles," Perry wrote. The officer spotted fresh footprints and disturbed leaves through the woods as the police dog followed the scent.
Reid's longtime friend Paul Mackey told The Eagle-Tribune in a June 2006 interview that Reid "never got a good look at the person. He had an idea of who it could have been."
The reports make no mention of Reid telling police he suspected the identity of the prowler.
Balukonis advised Reid to lock his firearm inside the trailer prior to the officers arriving at the home. The department later cleared Reid of any wrongdoing.
Reid said he told the prowler to stop before the man stood up between the vehicles, Balukonis wrote. After the man stood, Reid told police, he started shooting.
(More)
Labels: NH, trespassing
Graniteville, South Carolina
From Columbia’s WIStv.com of June 24, 2007
Aiken deputies: Homeowner shot man during robbery
Deputies say a Graniteville homeowner responded to the attempted theft of an all-terrain vehicle with gunshots.
Officials say Leonel T. Sanchez, 26, shot Jack H. Cooper, 18, as Cooper was trying to steal the ATV from the Bettis Academy Road home on Saturday morning.
At 1:15am, a motorist found Cooper lying on Bettis Academy Road, and gave him a ride to a convenience store, where deputies met Cooper.
Aiken County Emergency Medical Services then transported Cooper to the Medical College of Georgia, in Augusta.
He will be charged with attempted grand larceny and possession of a firearm under 21.
An investigation also led to the arrest of Clarence W. Oglesby IV, 22. He's charged with attempted grand larceny. A 16-year-old juvenile was released to relatives.
The homeowner won't be charged.
Labels: residence burglary, SC
Westgate, Florida
Resolution to this incident
(This will be moved to the original post in seven days.)
From Palm Beach Gardens’ WPBF.com of June 25, 2007
Man Not Guilty In October Jeep ShootingEarlier accounts of this made much of its being the first test of Florida’s ‘Castle Doctrine’ law, but no mention above.
Jury: Shooter Acted In Self-Defense
A jury ruled Monday that a Westgate man who shot into a Jeep, killing two men and injuring another, was acting in self-defense.
After a six-day trial, the jury found Norman Borden not guilty of charges that included two counts of first-degree murder, one count of attempted murder and one count of shooting into an occupied vehicle.
Borden shot at three men who were in the Jeep in October 2006. The shooting happened after the group confronted Borden as he walked his dogs.
Christopher Araujo and Saul Trejo were killed in the shooting. The third passenger, Juan Mendez, was injured.
Borden's defense argued he fired the shots because he feared for his life. Borden claims the three men had tried to run him over in the Jeep.
But the prosecution said though Borden's first shots were in self-defense, he committed murder when he stepped in front of the Jeep and fired more rounds at the vehicle.
From the Thibodaux (LA) Daily Comet of June 25, 2007
Jury finds man not guilty in early morning jeep shootingFrom the Palm Beach Post of June 26, 2007
…
Borden's defense argued he fired the shots because he feared for his life. Borden claims the three men had tried to run him over in the Jeep.
But the prosecution said though Borden's first shots were in self-defense, he committed murder when he stepped in front of the Jeep and fired more rounds at the vehicle. Florida's 2005 stand your ground law allows someone to use deadly force to avoid bodily harm and eliminates the duty to retreat.
Man said he killed two attackers in self-defenseFinally.
Norman Borden became the first defendant in Palm Beach County to beat murder charges under the state's Castle Doctrine law, which expands an individual's right to self-defense, when a jury acquitted him of all charges Monday in connection with a double slaying.
Labels: FL
Port Arthur, Texas
From the Beaumont Examiner of June 25, 2007
Robbery gone wrong; suspect shot repeatedly by store employeeFrom the Beaumont Examiner of July 5, 2007
A convenience store employee shot one suspect multiple times during an attempted robbery in Port Arthur Sunday night.
Port Arthur Police responded to a possible shooting at the Stop & Drive at 2500 Gulfway Dr. in Port Arthur at around 10 p.m. Sunday night. When they arrived, police found EMS and Fire Department personnel treating a wounded man in front of the business. Witnesses told police the suspect went into the store and demanded money from the clerk at the counter. A second store employee saw what was happening and retrieved a gun from somewhere in the store. The second employee opened fire on the robbery suspect, striking him several time. The suspect reportedly attempted to flee the store and collapsed just outside the door.
At the last report, the suspect was listed in critical condition at a Beaumont hospital. The Port Arthur Police Department’s Major Crime Team continues to investigate the incident.
UPDATE! Tired of being threatened and robbed, one store employee shoots armed robber
Tajamal Shah said he was in fear of his brother’s life when an armed robber who had threatened store employees in a previous robbery pointed a gun at the clerk and told him he would kill him if he would not turn over money from the store’s cash register.
Shah shot 22-year-old Brandon Oliver “multiple times” according to a police report during an attempted robbery in Port Arthur Sunday night.
Port Arthur police responded to a possible shooting at the Stop & Drive at 2500 Gulfway Dr. in Port Arthur at around 10 p.m. Sunday, June 24. When they arrived, police found EMS and Fire Department personnel treating a wounded man in front of the business. Witnesses told police the suspect went into the store and demanded money from the clerk at the counter, Shah’s brother. Shah said he saw what was happening while in his truck outside the store. He retrieved a revolver from the vehicle and entered the store. Shah opened fire on Oliver, striking him several times. Shah said he fired five times and believes he struck the suspect with each bullet. Oliver then attempted to flee the store and collapsed just outside the door. Shah said police arrived within two minutes of the incident. “They were very good,” Shah said of the Port Arthur police who responded to the shooting. “Very quick.”
Shah said that it was not the first time the suspect had robbed the store.
“That was the second time he robbed us,” Shah said. “The first time he threatened us and told us we better have money for him. After that, we stayed alert. This was the second time he robbed the store.” “He told me he was going to kill me if I didn’t give him the money,” Shah’s brother said. “The register was empty. I told him there was no money, but he threatened me.”
Shah said he saw a silver handgun in the suspect’s hand. So, Shah took out his .38 revolver and fired multiple times in Oliver’s direction. Shah said it was the first time he had ever fired a gun. Brandon Oliver died at a Beaumont hospital sometime on Tuesday. Sgt. Rodney Harrison of PAPD said Oliver had been convicted of robbing the same store in 2003. Harrison also confirmed that an armed robber wearing a mask had robbed the store June 19.
“He was wearing a mask so it’s difficult to make a positive I.D.,” Harrison explained. “The robbery on the 19th and the one Sunday night were the same M.O. A mask and firearm recovered at the scene looked similar to the one in the store video. We watched both surveillance tapes, and it appears to be the same suspect.”
Harrison said on Sunday night, the clerk at the store saw a group congregating outside the store, which is what had happened before the robbery on the 19th. The clerk called his brother, Tajamal Shah, because he was suspicious of the group’s activity. Shah pulled close to the door to observe, and his brother put all the money away.
Harrison said Oliver was in Possession of a semi-automatic handgun. Harrison also said police are investigating two cases, one being an aggravated robbery with a deceased defendant and the other a murder investigation. Harrison said the murder investigation would determine whether or not the shooting was justified.
“We do not anticipate charging the store employee,” Harrison said. “State law says that if he was in fear for his life or the life of a third party, which was the case here, he was within his rights … We do not advocate anyone taking matters into their own hands. These two young men felt they had no choice.”
Labels: business robbery, TX
Maxton, North Carolina
From the Lumberton Robesonian of June 25, 2007
Third man sought in botched robbery
Authorities are looking for a third man involved in a botched break-in that left one of the alleged burglars suffering from gunshot wounds.
Police say that Shawn Emanual, 25, of 521 McQueen Road, Shannon, was shot by the homeowner while breaking into a home at 609 N.C. 71 North on June 7. Emanual and Jeffrey “Will Steal” Locklear, 30, of 1312 Red Hill Road, Maxton, were charged with breaking into the home.
Police Detective Lt. Jamie Oxendine said authorities do not have the identity of the third man.
Oxendine said Emanual broke into Wyvis Oxendine's home at about 3:40 p.m. Wyvis Oxendine was watching television as his 15-year-old daughter took a nap.
“They thought no one was at home,” Jamie Oxendine said. “When they actually found this person was at home, that's when it all went wrong.”
The detective said the 59-year-old homeowner fired two shots at the men as they fled his house with some of his property. Police recovered a Playstation game system and nine video games in the front yard.
Minutes after the break-in, a sheriff's deputy saw Emanual - suffering from shots to the leg and arm - had him taken to Southeastern Regional Medical Center.
Emanual was eventually charged with breaking and entering, felony larceny and felony possession of stolen goods. Locklear was charged with conspiracy to commit breaking and entering and larceny. He also was charged with being the getaway driver. He was jailed $5,000 bail.
Wyvis Oxendine, who used a .380-caliber handgun to shoot Emanual, was not charged with any crime.
Labels: NC, residence burglary
York, Pennsylvania
From the York Dispatch of June 25, 2007
Store owner disarms would-be robber, customers help subdue her
When an armed woman entered Abdul Kahn's convenience store in West Manchester Township Friday afternoon and demanded money, Kahn said he had to decide quickly if he would try to disarm her.
"I was scared for my life because I have two babies and a wife," said Khan, 42, who owns the A Plus Sunoco gas and convenience store at 1947 W. Market St. "But I thought 'I cannot be robbed by a lady.' Maybe it's a bad mentality. ... I might have done a stupid thing. But I had to do it."
So Kahn said he eased to the edge of the counter he was behind and then lunged for the woman, who had what appeared to be gun in her hand. Khan wrestled with the woman, and despite suffering multiple blows to his groin, he was eventually able to wrestle her to the ground and get the gun away from her.
Three customers then came into his store, helped him subdue the woman and called 911, Kahn said.
West Manchester Township Police arrived and arrested the woman, who was identified as Sharon Bastide, 45, of no fixed address, on charges of robbery and theft.
Police said the gun that Bastide showed to Khan turned out to be a pellet gun. She's being held at York County Prison in lieu of $50,000 bail.
(More)
Labels: business robbery, criminal's gun taken away and used against him, PA
Oceanside, California
From Escondido’s North County Times of June 24, 2007
Oceanside clerks shoot would-be robberFrom SignOnSanDiego.com of June 25, 2007
A man who allegedly attempted to hold up an Oceanside liquor store Saturday night was shot by a clerk, police said Sunday.
The attempted robbery was reported at 9:42 p.m., when a gunman ---- described only as a white man ---- entered Big Liquor in the 600 block of Redondo Drive and demanded cash, Lt. Lee Steitz said.
One employee "managed to start grappling with the suspect," while the other took out a gun and shot the suspect several times, Steitz said.
The suspect ran out of the store and collapsed from his injuries, the lieutenant said. Neither employee was hurt.
The suspect was taken by medical helicopter to a local trauma center for treatment and is expected to survive, Steitz said. Both the suspect and his weapon are in police custody.
An investigation is ongoing.
Liquor store clerk wounds gunman during robbery attemptA sad development.
A liquor store clerk shot and wounded a gunman during an attempted armed robbery on Saturday evening.
Police were called to the Big Liquor store on North Redondo Drive near North River Road at 9:42 p.m. Police said they believe the clerk shot the robber after he entered the store and demanded money at gunpoint.
The suspect, a 20-year-old Marine lance corporal, was found around a block from the crime scene, where he had collapsed as a result of his wounds. His injuries are not believed to be life-threatening and he was transported by air ambulance to a local trauma center for treatment.
Detectives are trying to piece together whether the crime is linked to eight other hold-ups at liquor stores in the city.
Labels: business robbery, CA
Muskogee, Oklahoma
From the Muskogee Phoenix of June 25, 2007
Intruder shot at church fireworks stand
A Muskogee man was stable following surgery for a gunshot wound to the chest Sunday in connection with an assault at a church firecracker stand.
Police got a condition report on Darnell Gilbert from a Tulsa hospital about 9 p.m. Sunday.
Darnell Gilbert was shot about 3 a.m. Sunday by Wagoner Church of God Youth Pastor Charles Donnelly, 44. Donnelly and a 17-year-old member of his youth group were staying all night at the stand when a group of about five or six individuals arrived in one vehicle, he said.
The group had been to the stand about 20 minutes earlier, seemingly casing the firecracker stand, Donnelly said. But at the 3 a.m. visit, several individuals went into the back of the large tent stand, where the juvenile was, Donnelly said.
The youth was attacked and hit in the mouth, knocked down and then rolled outside the tent, screaming for help.
“Three subjects rushed Donnelly about that same time, who was outside the tent,” said Muskogee Assistant Police Chief Johnny Teehee.
“I shot — I was in fear of my life and Daniel’s life — I feel I did what I had to do,” Donnelly said in a Sunday night phone interview. “I’m angry. I’m glad he (Gilbert) is going to be OK but angry they put me in that position.”
The youth was taken to Muskogee Regional Medical Center and later released, Donnelly said.
More
Crowley, Louisiana
From KATC of June 22, 2007
Burglar shot in Crowley
A morning robbery turned into a shooting in Crowley. Police say it happened at about 9:30 Friday morning when someone tried to rob a house on the 300 block of Ross Avenue.
Cops say when the homeowners realized the house was being robbed; they tried to fight off the burglar. When that didn't work he shot him.
Police say they've turned over their report to the district attorney, but don't think the homeowner will face charges.
Labels: home invasion, LA
Charlotte, North Carolina
From the Charlotte Observer of June 24, 2007
Intruder shot in NE Charlotte
An intruder was shot early today after entering a home at 327 Vickery Drive in northeast Charlotte, according to Charlotte-Mecklenburg Police.
Investigators say a burglary suspect, whose name was not released, was taken to Carolinas Medical Center with non-life threatening injuries. The man was shot after he forced his way into the home on Vickery Drive shortly after 2 a.m., investigators say. Charges have not yet been filed in the case, officials said.
Labels: home invasion, NC, residence robbery
D'Iberville, Mississippi
From Biloxi’s WLOX.com of June 23, 2007
Police: D'Iberville Man Shot Dead After Threatening WifeFrom the Picayune Item of June 26, 2007
An overnight shooting in Harrison County has left a man dead. Deputies say it happened about 1:30 Friday morning at a home on Windsor Hill Drive in D'Iberville.
Gene Hudson, 52, was shot to death by his estranged wife after police say he threatened her with a gun.
No charges have been filed, but a Grand Jury will hear evidence in the case.
Police: Woman fatally shoots husbandFrom the Biloxi Sun-Herald of June 26, 2007
Authorities say they aren’t likely to file charges against a woman accused of fatally shooting her husband until a grand jury looks at the case.
The shooting happened early Friday morning. Police say that during a heated argument, Gene Hudson pointed a gun at his estranged wife. She pulled out her own gun and fired, according to police.
Police found Hudson, a 52-year-old Moss Point man, in a “large pool of blood” around 1:30 a.m. Friday, said Harrison County Coroner Gary Hargrove.
Investigators believe Hudson’s estranged wife, whose name has not been released, shot him several times after an argument at her home, according to a written statement from Harrison County Sheriff George Payne. She was not injured.
Police found Hudson on the ground down the street from his wife’s home, according to sources. He was later pronounced dead at a nearby hospital.
Harrison County Sheriff’s Capt. Ron Pullen said investigators are continuing to look into the case, but it’s unlikely any arrest will be made before a grand jury review.
“I’m not calling it self-defense at this point, but there was enough evidence there that suggests we should let the grand jury look at it,” he said.
Husband was shot three times
He had pulled gun on his wife
In new details revealed Monday, police said Gene Hudson's estranged wife shot him three times with a .38-caliber handgun after an argument at her home last week.
According to police, Hudson pulled a gun on his estranged wife and threatened to kill her during a domestic dispute early Friday morning. Instead, she grabbed her own gun, pointed it at Hudson and fired three rounds.
Labels: assault, domestic dispute, MS
Las Vegas, Nevada
From Las Vegas’ KTNV.com of June 24, 2007
Robbery Suspect Recovers After Being Shot By 80 Year Old Homeowner
A man is recovering from a gunshot wound after he tried to rob an elderly man near the Boulder Station hotel and casino Friday night.
Police say the suspect broke into a home near there and tied up the 80 year old homeowner.
Somehow, the homeowner got hold of a gun and shot the suspect. Two other suspects are in custody.
Labels: NV, residence robbery
Nashville, Tennessee
From the Tennessean.com of June 24, 2007
Man in hospital after failed robbery attempt(No separate account of this second incident could be found)
Store clerk fired gun at intruders with rifle
A robbery suspect found himself fighting for his life while another remained at-large Saturday night after a convenience store clerk fired at the men, Metro police
said.
A white New York Yankees cap lay on the sidewalk outside the door of Tienda La Paz, 819 Main Street, as police investigated the scene where two men had entered with a rifle about 7:15 p.m., Capt. Rich Foley said.
Upon seeing the men, the store clerk, whose name was not released, fired at them with a handgun, critically wounding one man in the upper body, Foley said.
The wounded man was taken to Vanderbilt University Medical Center, where he was in life-threatening condition as of 8:30 p.m., Foley said.
The accomplice fled the scene in a white car and had not been found at the time of the investigation.
"The law's pretty descriptive as to what people can do to defend themselves," said Foley, who added that the clerk's pregnant wife was in the store at the time of the attempted robbery.
Police did not have further details because of a language barrier with the store clerk.
The botched robbery was the second in two days in east Nashville.
On Friday, a man planning to rob Alvin's Garage at 901 Gallatin Avenue, was shot in the leg with his own gun after two employees wrestled with him.
Labels: business robbery, TN
Pittsburgh, Pennsylvania
From the June 23, 2007 Pittsburgh Post-Gazette:
Shot once in the chest during an argument at his sister's North Side home early yesterday, a former Army Ranger pulled his own gun and killed his assailant before dying of his wound, police said.
"You've got a murder and a justifiable homicide, is what it looks like," said Lt. Dan Hermann of the major crimes unit.
Killed in the exchange of gunfire were Gregory Grabowski, 29, a former Ranger from the North Side, and Timothy Beaman, 23, of Woods Run.
Police responding to a report of shots fired at 2:39 a.m. at 25311/2 N. Charles St. found a bloody scene, with Mr. Grabowski lying just inside the front door and Mr. Beaman on the sidewalk at the bottom of the steps leading to the house.
The two lay mortally wounded about eight feet from each other, remnants of their blood stains still visible after attempts to clean it up.
Mr. Grabowski was pronounced dead at the scene and Mr. Beaman at Allegheny General Hospital.
The fight was apparently over noise after Mr. Beaman, along with two friends, showed up at the house, which is rented to Mr. Grabowski's sister. Mr. Beaman is the father of the tenant's child, police said.
Mr. Beaman is also the father of another child whose mother lives in the row house.
Angered by noise, Mr. Grabowski confronted the men in the kitchen, saying he had to get up for work in the morning, said Lt. Hermann.
When Mr. Grabowski asked them to leave, an argument broke out, according to three witnesses. Mr. Beaman pulled a gun and shot Mr. Grabowski once in the chest.
Although wounded, Mr. Grabowski pulled a .357-caliber pistol and shot Mr. Beaman twice in the chest. Mr. Beaman and his two friends ran for the door with Mr. Grabowski in pursuit until he collapsed at the front door.
Mr. Beaman collapsed at the bottom of the steps.
The two men with him ran away but returned once police secured the scene. Police said they are not suspects in the shooting, although one of them was wanted on a warrant out of West View.
According to Allegheny County court records, both men were awaiting trial in separate cases.
Mr. Grabowski was charged May 19 with forgery, theft by deception, receiving stolen property and acquisition by misrepresentation after being accused of passing a forged prescription at Giant Eagle.
Mr. Beaman was awaiting trial on charges of illegal gun possession, receiving stolen property and other counts.
Labels: altercation, defender killed, PA
Lakeland, Florida
From TampaBay.com of June 23, 2007
Polk Deputies: Intruder shot and killedFrom MyFoxTampaBay.com of June 24, 2007
Polk County Deputies spent the early morning hours on the scene of a deadly home invasion in the Lakeland area.
Deputies tell us around 9 pm last night the person who lives in the home shot a man trying to get inside.
This happened at 534 Timberlane. The home is in a neighborhood just south of the E. Main Street and S. Combee Road Intersection.
When deputies got on the scene, they found the alleged intruder dead.
They plan to release more details on the investigation later this morning.
Home invasion leaves suspect deadFrom the Lakeland Ledger of June 26, 2007
Police say a man trying to rob a Lakeland home was shot and killed by a resident.
James McArthur Johnson Junior, 31, died from a bullet wound. His alleged accomplice, 39-year-old Elvin Tolliver, escaped, but was later arrested.
"Both suspects had guns in their hands and were wearing masks - Jason type masks - with gloves," said Chief W.J. Martin, with Polk County Sheriff's Office.
"They forced themselves into the home and began to rob folks in the home. The homeowner fired a gun and killed one of the suspects, the other managed to get away," Martin said.
Investigators say when the two entered the home, they demanded jewelry and money. Several people were in the house at the time. As the suspects entered the bedroom, a man pulled a gun, fatally shooting Johnson.
"Obviously, the victims were in fear for their lives as they should have been and they did what they had to do to protect themselves," said Martin.
Police say the victims didn't know their attackers, although James Johnson did live right across the street. Neighbors describe him as a 'nice person', but Johnson did have a rap sheet, including charges for robbery and aggravated battery dating back to 2002.
Some residents expressed frustration that another murder had occurred in their neighborhood. About one year ago, a drive by shooting just two houses away claimed lives. Since then, police and homeowners say things had gotten better, until now.
"We've worked hard to clean this neighborhood up," said Tim Lauzon, who's lived in the neighborhood for six years. "And we still have a few we're trying to root out of here, and eventually they'll be gone."
Another neighbor, Glenn Martin, pointed out patched up bullet holes that riddle the outside of his home, scars from the drive-by shooting.
He didn't live there at the time, but Martin says he's heard the stories. Now, another murder next door is about as much as he can take.
"Scary, very scary," Martin said. "It's the only incident that's happened since I've been here and it's enough to make you want to leave."
Police arrested Elvin Tolliver late Saturday. He's a registered sex offender with warrants out for his arrest before the break-in.
Police: Defensive Shooting Justified
A man who shot an intruder in his home Friday will not be arrested, officials say.
The Polk County Sheriff's Office's decision not to arrest a Lakeland man who shot and killed a man who broke into his apartment Friday would have been the same without the state's 2-year-old so-called "Stand Your Ground" law.
James McArthur Johnson, 31, was killed after he and an accomplice showed up at a small party in Lakeland on Friday night.
Sheriff's spokeswoman Elizabeth Smokay said Johnson and Elvin J. Tolliver, 39, walked up to a party at 545 Timberlane W., Apt. B, on Friday shortly before 9 p.m. They brandished handgun-style BB guns at partygoers, demanding their money and jewelry.
One of the men pistol-whipped a guest, she said.
The burglary was foiled by the apartment's resident, James W. Miranda, who shot Johnson with a shotgun as he opened the door to come into a bedroom.
Chief W.J. Martin, who is in charge of the sheriff's Criminal Investigations Division, has said that his agency does not intend to pursue criminal charges against Miranda in the shooting.
Even before the "Stand Your Ground" law - which took effect in October 2005 and no longer requires a person who feels threatened to retreat before using deadly force - victims already were permitted to use deadly force to stop an attacker from committing a forcible felony.
Those include any "felony which involves the use or threat of physical force or violence against any individual," in this case, burglary of an occupied dwelling, which is one of the charges facing Tolliver, who surrendered to authorities Saturday night.
The new law states that a person is "presumed to have held a reasonable fear of imminent peril of death or great bodily harm," and therefore can use deadly force, if the assailant had, among other things, "unlawfully and forcibly entered" a residence.
It also provides immunity from criminal and civil prosecution of the victim.
"These guys were armed and (Miranda's) life was threatened, and he was justified in shooting them," Martin said.
For his part, Miranda is keeping quiet. Attempts to interview him have been unsuccessful.
Ultimately, the final decision about whether or not to charge Miranda in the shooting lies with the State Attorney's Office.
Spokesman Chip Thullbery declined to comment on the case Monday, because detectives had not yet completed their investigation.
Once a report is submitted, prosecutors will review the case and will make their own determination about filing charges.
Roswell, Georgia
From MyFoxAtlanta.com of June 22, 2007
Elderly Roswell Woman Seriously Injured after Pit Bull Attack
An elderly Roswell woman suffered serious injuries after she was viciously attacked by a pit bull Friday.
This incident happened Friday morning when the dog got away from the 12-year-old girl who was walking it.
Roswell police said that around 7:45 a.m., 60-year-old Lankhanh Trinh was was on her morning walk when the pit bull attacked her. A 12-year-old girl was walking the dog when it broke free and attacked Trinh.
Several neighbors heard the attack and tried to get the dog off Trinh. Another neighbor, Marc Del Santo, came outside to help and when the dog charged toward him, he shot and killed the dog,.
Trinh suffered severe head and facial injuries and was rushed to North Fulton Regional Hospital in serious condition. Another neighbor was bitten on the arm.
Animal Control issued the dog's owner a vicious dog warning.
Woodleaf, North Carolina
From the Salisbury Post of June 22, 2007
Men use stun gun on clerk during store robbery
Two men used a stun gun on a clerk late Wednesday night when they robbed the Handi Cupboard in Woodleaf.
The clerk still managed to shoot at the fleeing suspects, according to the Rowan County Sheriff's Office.
According to Sheriff's Office reports, the clerk said two black men, both around 6 feet tall, came into the store at 175 N.C. 801 while he was cashing out the register for the night about 11:30 p.m.
One suspect weighed about 300 pounds and the other about 170 pounds.
The smaller man was carrying the stun gun and wearing a black shirt and black pants.
The other man was carrying a handgun. The only available clothing description was a white shirt.
The suspects told the clerk to get on the floor. The robber with the stun gun used it on the clerk while the other man went around the counter to get the money from the register.
When the two men left the store, the clerk still managed to follow them, firing a 9 mm gun. The suspects drove away in a silver-colored car toward Woodleaf.
Investigators found five spent rounds from the clerk's gun. The Post does not generally identify victims of armed robbery if suspects have not been arrested.
Labels: business robbery, NC
Fairbanks, Alaska
From the Fairbanks Daily News of June 22, 2007
Another grizzly shot
A man reported shooting a female grizzly bear in self defense Wednesday.
Alaska State Troopers reported Thursday that Fairbanks resident Christopher Sampson had contacted state officials and reported he had shot the bear while tending a black bear baiting station.
The report said troopers believe Sampson, 25, and two hunting partners had been charged by the bear twice before it was shot and killed from 30 feet away.
The location of the killing was not listed in the trooper’s report, and Sampson could not be reached for comment. If the incident occurred near Fairbanks, it would bring to seven the number of grizzlies killed in the last month in outlying areas. A homeowner on Freeman Road killed two grizzly bears on consecutive nights earlier this week.
Dallas, Texas
From Dallas’ CBS11tv.com of June 21, 2007
Man Catches Suspect Breaking Into Neighbor's Home
An aggressive neighborhood watch is being credited to catching a burglar who may have hit a Dallas condominium complex. However, vigilante techniques may have landed one man in trouble.
Undercover Dallas police were staking out a neighborhood when they heard a report of a break-in.
Shortly after they heard the report, they heard a gunshot.
When they arrived to a condominium complex in the 8600 block of Park Lane, they found an alleged burglar on the ground, a bunch of stolen jewelry and a concerned neighbor with a gun.
The man who fired the gun said he caught the suspect breaking into his neighbor's home. When the thief tried to run, he shot his gun into the air and held the thief for police.
The homeowner says there have been several break-ins in the last few months, which has brought the community together. He said they've all been keeping a closer eye on activity.
The neighbor who fired his gun had to go downtown with police for questioning.
While his neighbors might be happy he caught an alleged thief, firing a gun into air may get him in trouble.
Labels: residence burglary, TX
Springfield, Ohio
From WHIO of June 16, 2007
Shooting In Springfield Kills Man
Police were outside a home on the 2000 block of Portage Path in Springfield on Friday morning to investigate a shooting from Thursday night.
The man who was shot and killed has been identified as 32-year-old Michael Lewis Jr.
Witnesses told Springfield police that Lewis and the man who lives in the Portage Path home had been arguing.
Lewis started to leave the property in a car but stopped the vehicle and went back up to the homeowner and punched him in the face, police said.
Witnesses said that the 59-year-old homeowner shot Lewis once in the chest, police said.
Lewis died at the scene and the homeowner was taken into custody for questioning, police said.
Police said no charges have been filed and this case could be heard by the grand jury at the end of June.
Labels: altercation, assault, OH
Coconut Grove, Florida
From the Miami Herald of June 21, 2007
Home invader gets a surprising welcome
Jeremiah Swain probably thought he had it made early Thursday when he broke into a Coconut Grove home and found a man in a wheelchair inside.
What Swain didn't know: The disabled man had three houseguests.
As Swain tried to steal Edward Wynn's belongings, the houseguests swung into action, authorities said. They overcame the would-be robber, nabbed his blue steel revolver and held him until police came.
Miami police gave this account of what happened:
About 1 a.m., Swain, 26, and his accomplice broke into the home. Wynn and his housemate, Linda Arnold, were inside.
Also inside: Shenair Stevens, Barbara Jewels and Michael Miller.
The trio of houseguests grabbed Swain and took his gun, police said.
As they did, Swain's accomplice took off running.
Swain wasn't as lucky. Police arrived to find him in the custody of the three houseguests. He was slightly bruised, police said.
Later that morning, rescue workers tried to treat him. But as they did, Swain got away. He was later nabbed by Miami and Coral Gables police.
Swain is charged with five counts of false imprisonment, home invasion, use of a firearm in the commission of a felony and escape.
He has no previous criminal record in Florida, state records show.
Labels: criminal's gun taken away and used against him, FL, residence burglary
Casa Grande, Arizona
From Mesa’s East Valley Tribune of June 21, 2007
Man turns himself in after fatal shooting
A man suspected of shooting and killing another man in self-defense gave himself up to authorities and was released Monday by the Pinal County Sheriff’s Office.
Floyd Boggs turned himself in shortly after the incident, which occurred at Thornton and Hanna roads near Casa Grande. Authorities said Boggs shot and killed Don Crawford in the neck with a rifle after Crawford attacked him with an axe handle.
The two were arguing over welding equipment that Crawford accused Boggs of stealing. After further investigation, the Pinal County Attorney’s Office decided that Boggs acted in self-defense. Detectives, however, are still looking into the case.
Hunters Creek, Florida
From Orlando’s CFNews.com of June 21, 2007
Homeowner Shoots, Kills Home Invader
One man is dead in the Hunters Creek area of Orange County after he was shot by a homeowner during a home invasion.
Deputies are searching for two other home invasion suspects.
According to authorities, three men fired shots as they broke into a home on Muscatello Street and Crayford Avenue Wednesday around 11 p.m.
News 13 was told that the men attempted to rob the six people inside. Deputies said those people scattered throughout the house.
Authorities said one of the victims got into a bedroom and picked up a rifle and when one of the intruders tried to enter the bedroom, the man inside shot through a closet door, hitting the intruder in the chest, killing him.
"It just blows my mind to think this goes on in Orlando. This stuff's happening everywhere today. But the way the world is, you just really got to be on the defense it seems like nowadays," said Bob Whalen, a neighbor.
One of the other robbers was reportedly stabbed by one of the people inside the house.
Labels: FL, home invasion, residence robbery
Putnam Valley, New York
From Westchester’s Journal-News of June 21, 2007
Police: Ex-cop shoots attacker, who had been served divorce papers
A retired Kent police officer who was serving legal papers to a town man in a divorce proceeding shot the man in the chest twice yesterday after the man attacked him with a police baton, state police said.
Officers went about 4:30 p.m. to 33 Lincoln Road, where 66-year-old Dennis Illuminate had gone to serve divorce papers on Douglas Greenwich, said Capt. Keith Corlett of the state police.
Greenwich, 52, who was at the house to pick up a dresser, became enraged at the sight of Illuminate, who had served him with legal papers on two previous occasions, Corlett said. Illuminate, who is also a former Kent councilman, fired his licensed .25-caliber handgun, striking Greenwich in the upper torso, but the men continued to struggle, Corlett said. Illuminate fired a second round, which also struck Greenwich in the chest, he said.
Greenwich, who was found lying in the driveway by state police, was airlifted to Westchester Medical Center, where he underwent surgery and was listed in stable condition last night.
"It looks like this may be a classic self-defense case," Corlett said. "We're in the process of discussing the case with the Putnam County District Attorney's Office, which will make the decision as to whether any charges will be filed."
Greenwich, an electrician, had moved out of the house and told his wife he was coming by yesterday to pick up a dresser, police said. His wife called her lawyer, who had been having difficulty locating Greenwich to serve him with the legal papers. The lawyer, in turn, called Illuminate to tell him Greenwich would be at the house.
The two men were alone at the house when the incident took place, Corlett said.
Illuminate, a Carmel resident, retired from the town of Kent Police Department 24 years ago and has been an active process server for many years, Corlett said.
Labels: assault, concealed carry permit, NY
Holly, Colorado
From Syracuse’s (NY) WSTM.com of June 20, 2007
Rabid coyote attacks woman
An 87-year-old Colorado woman is recovering from wounds she suffered when she was attacked by a rabid coyote.
The attack happened last Friday, June 15 at a farm south of the town of Holly in southeastern Colorado.
Elsie Rushton, 87, was sitting out on her deck, enjoying the sunshine, when the coyote attacked. She says she first thought it was just a small dog running through her yard.
Rushton and her husband say they have lived in the house since 1948. They say they often see coyotes, but they rarely come onto their property.
This time, a coyote attacked Rushton, biting her on her legs and on her right arm.
"It came back through the yard here. The coyote come up through the stairs on the deck and jumped on my wife," said Rushton's 89-year-old husband, Hugh.
"It was terrible you know. Somebody grab a hold of your hand like that, something like a creature grabs a hold of your hand and tears it to pieces," said Rushton.
Hugh Rushton shot and killed the coyote and it later tested positive for rabies.
Rushton received seven stitches for her injuries. She has already had eight rounds of antibiotics, but doctors say she still needs more.
The coyote's brain tissue has been sent to the Centers for Disease Control and Prevention for further testing to determine what kind of rabies it had.
State health officials say it most likely got the disease from a bat.
However, if it had the skunk strain of rabies, it is a bigger concern because skunks are more likely to spread the disease to other animals.
The most common carriers of rabies in Colorado are bats, but any wild animal can be infected and can transmit the disease through a bite.
It's the first such attack in that area of Colorado in 30 years.
Doral, Florida
From Miami’s CBS4.com of June 20, 2007
After Attacked By 3 Dogs, Man Opened Fire
Three dogs attacked Mauricio Garcia when he was walking near his home at 9343 SW 4th Lane, in Doral, late Wednesday morning. He pulled out a gun and shot one of them to death.
He was scared, but when CBS4 later caught up with him, he said jokingly, "I'm alive".
CBS Chopper4 flew over the scene soon after the incident happened, and the 74-year-old Garcia could be seen sitting down, the pants covering his left leg were torn. A woman was handing water to him.
"I heard it," said neighbor Alice Villa. "He pulled out a gun and shot the dog right there."
Miami-Dade officials said the three dogs belonged to a neighbor who others in the community said "is a nice guy", and no charges will be pressed against him.
The dogs are miniature schnauzers, which can be trained to be aggressive, and some confirmed the dogs have a history of biting.
Garcia, on the other hand is doing well, and no charges will be filed against him. He has a concealed weapon's permit.
Labels: animal, concealed carry permit, FL
Lincoln, Nebraska
From the Lincoln Journal-Star of June 20, 2007
Armed burglar foiled by man with B.B. gun
An armed teenager was held at B.B.-gunpoint by the man he allegedly was trying to steal from at 23rd and Dudley streets early Wednesday.
The resident of the home told police he was sleeping, when a noise startled him. He grabbed a B.B. gun in his room and went to investigate, then found a person he did not know in his hallway.
The man was able to hold the suspected burglar until police arrived at the scene, Lincoln Police Officer Katherine Finnell said.
Police arrested a 16-year-old on suspicion of burglary, and said they found a loaded .22-caliber pistol in his shoe. The teenager was taken to the Youth Detention Center.
Labels: NE, residence burglary
Ouray County, Colorado
From the Telluride Watch of June 19, 2007
Man Shoots Black Bear
A property owner shot a black bear with birdshot early last week, according to Division of Wildlife spokesman Joe Lewandowski.
The incident took place on Tuesday, June 12, about three miles north of Ouray. The property owner noticed the bear was “getting into garbage.” He first shot the bear with rubber buckshot, but when “the bear hung around,” he followed with a shot of birdshot, according to Lewandowski, after which the bear ran off.
Lewandowski said authorities were called and four DOW officers arrived to investigate the incident. Though the bear was not found, officials believe it is uninjured.
“It’s unlikely the birdshot hurt the bear,” Lewandowski said. “It was probably a non-fatal shot.”
Lewandowski reminds citizens that, “if they have a problem they shouldn’t try and get rid of a bear themselves…they need to get in touch with the DOW.”
Mecklenburg County, North Carolina
From Charlotte’s WBTV.com of June 20, 2007
Man Shoots his Neighbor; Charges Dropped
Police have dropped charges against a man in Mecklenburg County who is accused of shooting his neighbor last week.
Greg Hicks was shot in the chest and suffered a punctured lung. He nearly died as a result of his injuries.
"I would say it's so close, death was knocking on my door," Hicks said.
He lives across the street from his neighbor Chris Liewald.
On Tuesday, the Charlotte-Mecklenburg Police Department dropped all charges against Liewald.
They said Liewald acted in self defense. Liewald said Hicks threatened him and confronted him on his front lawn.
Orlando, Florida
From Orlando‘s WFTV.com of June 19, 2007
Victim Wrestles Gun Away From Would-Be Carjacker
It was a close call for an Orange County man who was targeted by a would-be carjacker. Instead of handing over his wallet and keys, he fought back and wrestled away a gun from the bad guy on Orange Blossom Trail.
A swarm of patrol cars surrounded the 7-Eleven near downtown Orlando in response to a signal 43; officer needs help.
"It could have been disastrous, but fortunately the officer was able to ascertain who the victim was. The victim remained calm and put the gun down," said Lt. Sue Brown of the Orlando Police Department.
Around 2:00am Tuesday, a customer was confronted by a man with a gun who tried to steal his money and his car. But the victim didn't go down without a fight.
Police said somehow he was able to take the .40 caliber gun away from his assailant. During the struggle, the gun went off, but no one was hurt.
"I'm not sure I recommend this, but when you have a gun to your face you're gonna react. You're gonna do what you need to do to protect yourself. So he was able to struggle with the guy and disarm him," Brown said.
The unidentified attacker ran off empty handed. Police said they will review surveillance video from the convenience store and a business across the street to see if they can get a good description of him.
The gun was being fingerprinted to see if a possible match could be made to identify the attacker.
Labels: carjacking, criminal's gun taken away and used against him, FL, street robbery
Orlando, Florida
From the Orlando Sentinel of June 19, 2007
Armed man fends off robbers
An Orlando man with a concealed-weapons permit successfully defended himself early Sunday against two armed robbers.
Confronted outside Metro Place Apartments, the gun owner pushed aside a female acquaintance and drew his 9 mm pistol, according to Orlando police. The couple then fled.
Another tenant heard the commotion and called 911 about 3:20 a.m. to report seeing two masked men armed with shotguns flee the area, reports show.
Labels: concealed carry permit, FL, street robbery
American Fork Canyon, Utah
From the Salt Lake Tribune of June 19, 2007
Killer bear taken down
Authorities confirm that the animal shot to death Monday is the one that mauled Samuel Ives, 11
The barking hounds told Luke Osborn the bear was near. After hours of trudging up and down a mountain, through thick forests and soft dirt, Osborn and his fellow hunters were closing in.
Then, 10 yards away, he could see five hounds snapping at the bear. Osborn, a federal predator-control hunter, raised his .243-caliber rifle and fired a round into the base of its neck.
With that, the hunt for Utah's first documented killer black bear was over.
The bear is believed to have dragged 11-year-old Samuel Ives from his tent about 11:10 p.m. Sunday. The boy's family - his mother, stepfather and a 6-year-old brother - heard the boy scream "something's dragging me!" and rushed to help, but he and his sleeping bag already were gone.
…
Still, it was the second attack Sunday in the same camping spot.
American Fork resident Jake Francom said a black bear swatted at his tent about 5:30 a.m. The bear hit him twice in the face through the tent wall before he woke up and realized what was happening.
"The first two [swats] were just kind of a feel," Francom said.
The bear struck again, hitting him in the head and knocking him to the ground. He said he felt the bear's claws.
"When he saw me move in there, he gave it hell," Francom said. "The sucker struck right through the tent and tore my pillow.
Francom yelled to his friend, "Troy, get your gun!"
Troy Strode woke, pulled a 9 mm handgun and shot into the air. The bear started running toward a hill about 50 yards away as Strode fired about six shots. Francom quickly put his girlfriend and Strode's girlfriend in his truck.
Then the bear returned to the crest of the hill. "It just stared at us for about 30 seconds," Francom said.
Francom's brother, Kip, threw rocks at the animal and it walked away.
(More)
Metarie, Louisiana
From New Orleans’ WWLtv.com of June 18, 2007
Teen turns tables, shoots robber after taking away gunFrom New Orleans’ WWLtv.com of June 20, 2007
A 44-year-old man who was trying to rob a teenager and his mother in a fast food drive thru was shot several times after the teen grabbed the gun from him and fired back, according to Jefferson Parish Sheriff Harry Lee.
The incident occurred around 1:30 a.m. at the Arby’s drive-thru located at 3845 Veterans Blvd. in Metairie.
According to Lee, the victims were in their car waiting to place an order when 44-year-old Carl Chestnut of Kenner walked up to the vehicle and pointed a gun at them.
Lee said Chestnut tried to get into the car and was attempting to pull out the 53-year-old mother when the teen fought with him over the weapon, grabbed it away and then fired several times, striking Chestnut.
Chestnut was hit in the head and torso, but the injuries aren’t believed to be fatal.
Police: Carjacker wounded by teen an accused murdererFrom New Orlean’s WWLtv.com of September 14, 2007
A suspected carjacker who was shot while allegedly trying to rob a mother and son at a fast food restaurant is an accused murderer, Kenner Police said Tuesday.
Police said 44-year-old Carl Chestnut is one of two men suspected in the murder of 60-year-old Odrey Bordelon. Bordelon, the manager of a Kenner trailer park, was found strangled June 5.
Chestnut remains in the hospital following the shooting early Monday at a Metairie Arby’s. According to authorities, the victims were in their car waiting to place an order when Chestnut walked up to the vehicle and pointed a gun at them. The women’s teenage son was able to pry the gun away and shot Chestnut several times.
Chestnut’s injuries were not life-threatening, police said. He’s expected to be booked with murder once he’s released.
Chestnut’s alleged accomplice in Bordelon’s murder, Wayne Hayden, remains on the loose.
Would-be carjacker dies months after failed attack
A would-be carjacker who was shot at a Metairie fast food restaurant in June died Thursday from medical problems related to the injury, the Jefferson Parish Sheriff’s Office said.
According to Col. John Fortunato, a sheriff’s office spokesman, 44-year-old Carl Chestnut was shot several times while attempting to rob a mother and her 17-year-old son at an Arby’s drive-through.
Fortunato said the victims were in their car waiting to place an order when Chestnut walked up to the vehicle and pointed a gun at them. The women’s teenage son was able to pry the gun away and shot Chestnut several times, wounding him in his head and torso.
Chestnut was taken to East Jefferson Hospital immediately following the shooting, but was eventually transferred to Earl K. Long Hospital in Baton Rouge on September 7 for additional medical help. Chestnut died September 13 at the hospital.
Labels: carjacking, criminal's gun taken away and used against him, LA, street robbery
Nashville, Tennessee
From Nashville’s NewsChannel5.com of June 18, 2007
Neighbor Botches Attempted RobberyMisleading headline.
Monday morning police are looking for one of the teens involved in a botched robbery. Three teenagers plotted to rob a home of a 16-year-old peer and his mother.
According to police, one of the teenagers asked to stay the night with the victims, saying that he was having problems at home. The mother and her son agreed to let the young man spend the night.
Once invited into the home the teen left the front door unlocked, and in the middle of the night two other teens barged in with guns. They were armed with a shotgun and pistol.
While demanding money, the parent sneaked away to call the police, and she also called a neighbor. The neighbor, who had his own gun, came over and held the teenagers at gun point until police arrived.
The teen staying with the victims also had gun, but did not participate in robbery. Two of the teenagers are in custody as of Monday morning, but one got away.
Labels: home invasion, TN
Jacksonville, Florida
From Jacksonville’s FirstCoastNews.com of June 18, 2007
Police To Decide on Charges in Murray Hill Shooting
Police are still trying to determine if a Jacksonville man should be charged with murder following a shooting in Murray Hill Sunday night. It happened in the 3600 block of Dellwood Avenue.
A man, who police say was terrorizing his girlfriend, was shot and killed on the porch of a house. It all started Sunday afternoon after a man and woman, believed to be boyfriend and girlfriend, got into an argument.
The woman filed a domestic violence-related report against the man but he continued threatening her. He showed up at the home on Dellwood Avenue. Police say the homeowner came outside on the porch and shot the man.
"Basically, now we're just interviewing the witness and the person who did the shooting. The state attorney is on the scene and we're going to determine if this was a justifiable homicide at this point," said Sgt. Derrick Lewis, Jacksonville Sheriff's Office.
At this time, police believe the homeowner was acting in self defense. They have not made any arrests and have not said if any charges will be filed.
Labels: domestic dispute, FL
Depoe Bay, Oregon
From Portland’s KPTV.com of June 16, 2007
Alleged Intruder Held At Gunpoint By Homeowner
A Depoe Bay homeowner took matters into his own hands Friday morning when he found an intruder in his house.
Lincoln County Sheriff''s deputies responded to a home on Breeze Street shortly after 1:30 a.m. Friday after the homeowner called police to report that he was holding a suspected intruder at gunpoint.
The homeowner told police he saw the man trespassing in the back yard and that the man entered his home without permission. There were three people inside the home, one of which was a small child.
Authorities took 25-year-old Justin James of Portland into custody on charges of first- and second-degree criminal trespassing.
Stewart is being held in the Lincoln County Jail on $10,000 bail.
Labels: intruder, OR, trespassing
Kalispell, Montana
Ordinarily, pleading no contest or guilty would knock someone right out of the running for further claiming self-defense, but the husband’s conduct was violent and threatening.
From the Daily InterLakePublication of June XX, 2007
Shooter gets no jail timeFrom Corpus Christi’s (TX) KRIStv.com of June 15, 2007
Braunig-Haag claimed self-defense in death of husband
A North Fork woman who shot her husband to death will serve no jail time.
In a deal worked out between County Attorney Ed Corrigan and defense attorneys Patrick Sherlock and Sean Hinchey, District Court Judge Kitty Curtis sentenced Rebecca Braunig-Haag to a 10-year suspended sentence with 10 years probation Thursday.
Originally charged with deliberate homicide, she pleaded “no contest” to an amended charge of negligent homicide in April.
“She does have a claim for self-defense,” Corrigan said. “She, quite frankly, is unlikely to incur a further criminal history. I do believe the conviction for negligent homicide holds her accountable.”
In a statement to the judge, Braunig-Haag said she was sorry and that she loved her husband.
“I was so scared I picked up the gun to keep him from killing us,” she said. “More than anything, I didn’t want to shoot him.”
At the sentencing hearing, defense attorneys called a number of witnesses, including neighbors and family members, who testified to Braunig-Haag’s remorse, good character, and mental health. A private investigator hired by the defense also testified to events that occurred the day Braunig-Haag’s husband died.
Braunig-Haag was 51 at the time she shot her husband, Von Stanley Haag, 60, in the chest with a .44 caliber Magnum.
She told investigators he had threatened to burn down their home if she didn’t accompany him on a trip to Texas to attend his father’s funeral.
Braunig-Haag and her husband had both retired from supervisory jobs with the San Antonio Parks and Recreation Department a year or two before the shooting, according to reports.
They began spending more time at their home in the Trail Creek area, but also maintained a home in San Antonio.
The Nov. 7, 2005, argument over whether or not to attend the funeral escalated to the point where Braunig-Haag said she feared her husband would burn the house down. He threatened her and poured gasoline throughout the house, she told police.
That’s when she shot him and called neighbors for help, reports said.
Flathead County Sheriff’s deputies arrested Braunig-Haag and she originally was charged with murder. Bond was set at $500,000 in her November 2005 arraignment, but was later reduced to $50,000 in January 2006.
Had Judge Curtis decided to give Braunig-Haag prison time, she would have been allowed to withdraw her “no contest” plea and gone to trial. If convicted of deliberate homicide, she could have been sentenced to life or up to 100 years in prison. Two to 10 years could have been added for use of a firearm. The maximum sentence for negligent homicide is 20 years in prison.
Woman gets suspended sentence in husband's shooting death
A former Texas resident who said she accidentally shot her husband during a domestic altercation in 2005 was sentenced Thursday to probation.
Rebecca Braunig-Haag, 52, originally was charged with murder in the death of Von S. Haag, 60, but she later pleaded no contest to negligent homicide.
Following the terms of the plea agreement, District Judge Kitty Curtis gave Braunig-Haag a 10-year suspended sentence with 10 years of probation Thursday.
"She does have a claim for self-defense," Flathead County Attorney Ed Corrigan said. "She, quite frankly, is unlikely to incur a further criminal history. I do believe the conviction for negligent homicide holds her accountable."
Braunig-Haag was arrested in November 2005 after deputies found Von Haag dead of a gunshot wound at the couple's home on the western edge of Glacier National Park.
Braunig-Haag went to a neighbor's house to report the shooting. She told investigators that her husband, in a rage, had poured gasoline around the house and threatened to set it on fire if she didn't accompany him to his father's funeral in Texas.
She said she picked up a gun and pointed it at him when it discharged.
Labels: assault, domestic dispute, MT
Acampo, California
From the Stockton Record of June 15, 2007
Driver who struck home was looking for his wifeFrom the Lodi News-Sentinel of September 27, 2007
The man who shot and killed a driver who moments earlier intentionally rammed a car through his North Des Moines Road home late Wednesday feared for his life and may have acted in self-defense, a San Joaquin County sheriff's official said.
Detectives believe that the driver, Ravi Batuk Vora, 39, of Burbank, was in a rage and was convinced his wife was hiding inside the Acampo resident's house before smashing his car through the home at about 9 p.m., Deputy Les Garcia, a sheriff's spokesman, said Thursday.
But Vora already had been exhibiting bizarre behavior before his confrontation with the homeowner, Garcia said. Detectives believe the incident started inside Vora's car earlier in the evening, Garcia said, and unfolded like this:
Vora was traveling with his wife, whose name was not released, from the Sacramento area en route to Southern California on Wednesday evening, when, for unexplained reasons, he left the freeway and started driving through local back roads.
At one point, Vora pulled the car off the road and demanded his wife follow him into a nearby orchard, Garcia said. Vora's wife, fearing for her safety, ran away. Vora got back into the car and started looking for her.
A passing motorist later picked up Vora's wife and took her to a nearby convenience store, where she called 911, Garcia said.
As Vora searched for his wife, he saw a person arriving at a house in the 21000 block of North Des Moines Road and pulled his car up to the home, Garcia said. Vora confronted the homeowner and claimed his wife was inside.
Vora left the man's house and returned three times to argue with the homeowner, Garcia said. As Vora stood outside, banging on the door and yelling, the homeowner grabbed a gun and called 911.
Vora then returned to his car, drove away, and moments later slammed his car through the front entrance of the house, Garcia said. A dog inside the home was struck by the car and killed, Garcia said.
Inside the house, Vora got out of his car and "advanced toward" the homeowner, who fired one shot and struck Vora in the upper body, Garcia said. Vora died at the scene.
Garcia did not identify the homeowner. But according to a record of Lodi police calls, a man named David Robinson called a local business Thursday morning to inform a manager that he had shot someone who drove into his house. A man by the same name also is listed in a phone directory as residing at the North Des Moines Road address.
Outside the one-story, beige North Des Moines Road home Thursday, the property's backyard easily could be seen through a massive, gaping hole in the house. A man who was helping repair the ranch house said the homeowner was not around that afternoon and would not be commenting about the incident.
A phone call to the house also was not returned.
Garcia said detectives still are investigating the case as a homicide, and the San Joaquin County District Attorney's Office will determine whether the homeowner acted in self-defense when he shot Vora. The homeowner was not arrested, Garcia said.
Acampo shooting ruled self-defense
An Acampo homeowner acted in self-defense and will not face charges for fatally shooting a man who drove through his home and confronted him, prosecutors said Wednesday.
David Robinson, 60, was not arrested after the June 13 death of Ravi Batuk Vora, 39. San Joaquin County Sheriff's deputies instead investigated the case and then forwarded it to prosecutors, who ruled it justifiable homicide.
Robinson fired one gunshot, only after Vora had "initiated a prolonged and repeated assault" on Robinson and his wife, Deputy District Attorney Ron Freitas wrote in his final report on the case, which was signed Wednesday by District Attorney Jim Willett.
(Much More)
Labels: assault, CA, home invasion
San Dimas, California
From the Whittier Daily News of June 15, 2007
Man shot in home invasion try is arrested
Sheriff's deputies arrested a man shot by a woman late Wednesday after he allegedly entered her house in a botched home invasion, officials said.
Authorities said Andrice Robinson, 21, of Fontana, is being treated in custody after being shot several times in the abdomen. He and one or two accomplices allegedly walked into a home in the 400 block of Charro Court at about 9 p.m. looking for drugs.
"The victims had never seen them before," said sheriff's Sgt. Charles Jurcak. "They probably picked the wrong house."
Jurcak said the men "entered the location, confronted the husband and demanded to know where the pot was."
When the middle-aged couple told the suspects they didn't know anything about marijuana, the invaders began to beat them, he said.
While the men beat her husband, authorities said the wife went for the couple's gun hidden in the bedroom.
When Robinson confronted her in the hallway of the home, Jurcak said, "she fired the weapon several times, striking him in the body."
The suspects fled, but the wounded man was found by deputies nearby, lying on the ground. He was airlifted to Los Angeles County-USC Medical Center where he is in custody and being treated for his wounds, authorities said.
Jurcak said the couple was treated for injuries at the scene but did not require hospitalization. He said Robinson is expected to recover.
Authorities said the incident is still under investigation and they are still seeking the other suspects, described only as African-American males.
Labels: assault, CA, home invasion, residence robbery
New Haven, Connecticut
From WTNH of June 11, 2007
Armed citizen patrol in New Haven
One group armed with guns is ready to make their New Haven neighborhood a safer place by patrolling in the area around Edgewood Park.
The Edgewood Park Defense Patrol will be patrolling the 16-block area from Whalley to Edgewood and Winthrop to West Park. They believe that the police are not doing their part to keep the streets safe.
Their uniform is a black tee-shirt with Edgewood Park Defense Patrol and their mission is to keep peace on the streets with armed bike patrols.
"It's certainly not the substitute that one would want but when you're missing what you're supposed to have and things are slipping out of hand then you're left with no choice but to do something about it," said Eliezer Greer.
Members of Yeshiva New Haven decided to take matters into their own hands after Rabbi Dov Greer was physically assaulted Sunday night. They say they've been appealing to the city for years with no results and are tired of sitting by while the vandalism, robberies and muggings increased.
"Being home with our families in the evenings is what we'd rather be doing than having to ensure that there's safety and security in the neighborhood," said Aviad Hack.
They will be patrolling in pairs every night from 6-10 PM, with one person carrying a concealed gun.
"Anyone who patrols with a gun in an attempt to use it as a deterrent is putting themselves and other citizens at risk and I absolutely discourage it," said Mayor John DeStefano.
DeStefano says he has looked at the deployment levels in the Edgewood Park area and believes the police coverage is sufficient. News Channel 8 saw squad cars and officers walking the beat, but one man who is running for mayor, says he does not believe in vigilantism, but supports the residents move to protect their neighborhood.
"Perhaps it's time to look at contacting the Governor and asking the Governor to provide state police department's oversight in helping New Haven," said Jim Newton of New Haven.
The Defense Patrol says that they don't believe this will make them targets, rather it will wake up the neighborhood and encourage others to join in. They say they will continue the patrols as long as necessary.
Labels: concealed carry permit, CT, social breakdown
Houston, Texas
From the Click2Houston of June 14, 2007
Stepfather Fatally Shoots Stepson
A stepfather shot his stepson to death in their southwest Houston apartment on Wednesday, officials told KPRC Local 2.
Houston police said the stepfather fired multiple shots during an argument at the Briarwest Apartments on Winrock Boulevard near Del Monte Drive at about 8:30 p.m.
Daniel M. Reed, 41, died at the scene.
Investigators said Reed was at the apartment with his mother and son and began verbally abusing his mother.
When he got home, the stepfather tried to calm Reed down. Police said the stepfather, fearing for the safety of he and his wife, got a handgun from a bedroom.
Reed threw a nearly full can of beer at his mother, officials said.
Detectives said the stepfather shot Reed when he followed his mother to her room when she went to change her clothes.
The case will be referred to a grand jury to determine if charges will be filed.
Labels: domestic dispute, TX
Balch Springs, Texas
From NBC5i of June 14, 2007
Police: Clerk Wrestles, Fatally Shoots Armed Robber
A convenience store clerk wrestled a shotgun away from a would-be robber and then shot and killed him, police said.
Balch Springs police said the attempted robbery took place at about 9:30 p.m. Wednesday at the Big 5 grocery store on the 1400 block of Peachtree Road near Bruton Road.
Police said an armed man walked into the store but was soon wrestling with the clerk. During the struggle, the clerk shot and killed the armed robber, police said.
The identity of the suspected robber has not been revealed.
Police said the investigation into the shooting will continue but that they do not expect to file any charges against the clerk.
Labels: business robbery, criminal's gun taken away and used against him, TX
Phoenix, Arizona
From the AZFamily of June 13, 2007
Homeowner confronts burglar
A man is in custody after a homeowner found a suspected burglar inside his house near 16th Street and Maryland Avenue Wednesday morning.
A neighbor became suspicious when he saw a man walking around his neighbor's property.
The neighbor called the property owner, who returned home armed with a gun. The homeowner confronted the suspected burglar, whom he let go.
Police say the homeowner did the right thing.
The homeowner was able to provide a vehicle description and the suspect was arrested in a stolen car shortly after the incident.
Labels: AZ, trespassing
Bitterroot Valley, Montanta
From the Casper Star Tribune of June 13, 2007
Rancher shoots wolf after stock losses
A Bitterroot Valley, Mont., rancher who lost several calves to wolves spent the night in his car to guard his herd, and shot a wolf as it moved among his cattle.
"There were all these black shapes, cows running everywhere," said Ed Cummings, who was awakened at 4:30 a.m. on June 5 by his dog's growling. "And right in the middle of them, just sort of trotting around, is this wolf."
Cummings lost his shoe while trying to get out of the compact car, keep an eye on the wolf and grab the rifle he'd borrowed.
"I didn't make a very good shot, but I hit it," he said Monday.
Federal officials shot another wolf the next day.
The Montana Department of Fish, Wildlife and Parks issued Cummings a permit to kill two more wolves, although he does not need permission to shoot those attacking, chasing or harassing his livestock.
(More)
Conklin, New York
From the Press & Sun-Bulletin of June 13, 2007
Black bear killed by homeowner
A 29-year-old Town of Conklin shot and killed a black bear that had been roaming through the Pride Manor Mobile Park neighborhood on Conklin Road in the Town of Conklin, according to Broome County Sheriff’s Deputy Andrew Eggleston.
The man, fearing for the welfare of his children, shot the bear before law enforcement and environmental protection officers reached the scene, Eggleston said.
The incident occurred around 9:55 p.m. Monday, according to a sheriff’s office report.
Shane M. Wood told officers he got his shotgun and shot the bear when it was across the road from his driveway and turned toward him.
Joliet Township, Illinois
From SuburbanChicagoNews.com of June 13shotgun, 2007
Police: Attacker armed, but sleepy
Police say that was what happened early Sunday when a suspect allegedly fell asleep on his victim's porch while waiting to attack him.
A 26-year-old man told Will County sheriff's police he returned home around 3 a.m., turned on the light and saw a man lying facedown on the floor of his enclosed porch in the 200 block of Peale Street. The man appeared to be sleeping with a shotgun underneath him.
According to reports, the man, who was later identified as Robert A. Cardona, woke up as the light came on and began struggling with the resident.
But with the advantage of full consciousness, the resident was able to get control of the shotgun and reportedly struck Cardona several times in the face and head with the butt of the weapon.
Police say the two men grappled out to the front yard where the resident removed Cardona's black T-shirt during the fight.
The melee woke up the resident's girlfriend, who had been sleeping inside. She came outside to see the combatants just as Cardona's jean shorts fell off.
The woman "attempted to help her boyfriend (by) jumping on the offender, but was unable to hold on due to his size," according to reports.
Cardona reportedly fled west on foot, wearing only gray underwear.
The residents told deputies they recognized the intruder from the neighborhood and have had several arguments with him recently.
"There appear to be some racial overtones to this incident," said Sheriff's spokesman Pat Barry.
Police broadcast a description of the intruder based on the residents' description.
"Three deputies recognized the offender (as Cardona) right away," Barry said. "They have had several dealings with him in the past."
Sheriff's deputies last arrested Cardona in March on charges of aggravated battery and theft. He was also arrested in November on charges of home invasion, aggravated arson, aggravated battery and mob action.
Deputies visited Cardona's last known address and learned he is living at 115 Jessie St.
According to reports, deputies were allowed inside that house and found Cardona lying on the floor of a bedroom underneath a blood-covered blanket.
"Our deputies did some good work at quickly identifying and locating the offender," Barry said.
Cardona, 21, was arrested and booked into the county jail on charges of home invasion, unlawful use of a weapon, aggravated assault and criminal trespassing. His bond was set at $6,000.
Labels: assault, criminal's gun taken away and used against him, IL
Crawford County, Arkansas
From Ft. Smith’s 4029.com of June 12, 2007
Crawford County Man Shot, KilledFrom Ft. Smith’s KFSM.com of June 12, 2007
Officials said a Crawford County man was shot and killed Monday night in front of his wife and children.
Bobby Joe Freeman, 32, was killed at his home off Cartwright Mountain Road, police said.
Freeman's family told police he became aggressive, so they hid in a bedroom. When Freeman barged into the room, investigators said, Freeman's stepfather shot him.
Sheriff's officials said it appears the shooting was in self-defense.
Fatal shooting could be self-defense
A Texas man was killed Monday night in a shooting that investigators believe could have been self-defense.
Crawford County sheriff's deputies were called to 17800 Cartwright Mountain Road near Chester around 9:30, where they found found 30-year-old Bobby Jo Freeman unresponsive with a single gunshot wound. He was pronounced dead at the scene.
A few weeks ago Freeman, his wife, and their two children had moved to the residence, which belongs to Freeman's mother and stepfather, from Vernon, Texas.
They were all present at the time of the shooting, but police won't say which family member shot Freeman.
Deputies say they have been called to the residence before a number of times for domestic violence reports, and that could have played a factor in Monday night's shooting.
From interviews, they know Freeman crashed his pickup earlier that night, and had to be given a ride to the house from someone in a white Extended Cab or four-door pickup.
Now deputies are asking that person to come forward, so they can find out more about what state Freeman was in when he got home.
Labels: AR, domestic dispute
Parksley, Virginia
From the Salisbury Daily Times (MD) of June 12, 2007
Alleged intruder shot in Sunday Accomack incident
The Parksley Police Department and Accomack County Sheriff’s Department are looking for a man who police say forced his way into a home near here on Sunday night.
A gun battle ensued and a suspect in the crime was shot and transported to Shore Memorial Hospital, according to the Accomack County Sheriff’s Department.
His name was not immediately released but charges are pending, said Sheriff’s Department Capt. Larry Giddens.
Giddens said the sheriff’s department received a call from the Eastern Shore 911 Center regarding a breaking and entering in progress and a shooting at a home on Woodland Park Drive.
Further investigation revealed that a man was returning to his residence when he discovered a suspicious vehicle driving in the area that proceeded to park in a neighbor’s driveway, Giddens said in a prepared release.
As the resident exited the vehicle, two males exited the other vehicle with a gun and chased the victim into his residence.
The suspects forced open the residence door and shots were exchanged, Giddens said.
No other injuries were reported. The second suspect, described as a black male driving a light-colored Chrysler PT Cruiser, fled the scene.
Labels: home invasion, VA
Tuscumbia, Alabama
From the Thibodaux Daily Comet (LA) of June 12, 2007
Sheffield man acquitted in 2005 killing of mom's boyfriend
A Colbert County jury has acquitted a Sheffield man of murder in the shooting death of his mother's boyfriend, a killing he claimed was in self-defense when threatened in his home.
Cameron Stephan Garth, 46, was acquitted Monday after testifying that he shot Mitchell Parnell, 64, after he returned home in the early hours of July 3, 2005, and questioned Parnell about why his mother was crying.
"He said he was going to cut my throat," Garth said. "It made me mad because he said he was going to cut my throat in my own home."
Garth said he got a .38-caliber revolver from his bedroom and fired when Parnell, who was sitting on a bed, lunged at him.
Prosecutors told the jury it was not an act of self-defense.
"It's unreasonable for him to try and have you believe he was afraid of a 64-year-old man with heart disease and emphysema," Assistant District Attorney Angela Hulsey said.
But defense attorney Steve Aldridge asked jurors to put themselves in Garth's shoes.
"If you had come home at two in the morning and the first thing you hear is the evil man say 'I will cut your throat' and then you hear your mama crying in the bathroom, would you have gotten a gun?" Aldridge asked.
Labels: AL, assault, domestic dispute
Youngstown, Ohio
From Youngstown’s WFMJ.com of June 12, 2007
Intruder Shot on Belden AvenueFrom the Youngstown Tribune-Chronicle of June 13, 2007
One man is shot after an apparent home invasion on Belden Avenue.
Police say the intruder was shot by the home owner after trying to break in to the house.
The victim allegedly fled the scene.
There is no word on if police found the intruder or that person's condition.
Bloody fight in home involved ax and gunFrom the Youngstown Vindicator of June 14, 2007
A father credits his 13-year-old son with shooting an intruder with his own gun late Monday at a South Side home.
But the man who was shot, Dennis Pixley, 18, Woodcrest Avenue, told police he never had a gun.
Chief of Detectives Capt. Kenneth Centorame said about the only thing police know for certain is there was a violent struggle in the home.
He said police do think that the son of Forrest Adams, 38, 3411 Belden Ave., did fire the shot that wounded Pixley, but are waiting for the results of a gunshot residue test just to make sure.
Adams could not be reached for comment Tuesday.
About 12 hours after police responded, no one answered the door at the well-kept home, although there were several splotches of dried blood on the front porch and walk with broken pieces of a vase that also was covered in blood.
Adams told police Monday he and his son had returned to the home about 11 p.m. after an outing, and a man holding a gun came onto the front porch, demanded money and forced them inside.
He said he was able to ambush the gunman when he went into a closet to look for something. Adams grabbed for a gun, which went off while the two were struggling, police said.
Adams told police he also managed to dislodge the intruder’s bulletproof vest at some point in the struggle. Adams said the intruder fell down a flight of stairs and when he went into the kitchen, Adams grabbed the ax off a wall and the intruder grabbed a knife. Adams told officers he was stabbed in the chest, but continued swinging the ax, connecting with the intruder’s shoulder and chest, according to the police report.
The intruder grabbed a larger knife and stabbed Adams in the hand, leaving a gash, the report states.
As the two struggled over the ax, Adams said his son appeared with a pellet gun. Adams told police he was about to fall down the stairs and yelled at his son to get the intruder’s gun, which he did, firing a shot and wounding him. The pair continued struggling until the intruder ran out.
Centorame said that story differs substantially than the one Pixley gave to detectives Tuesday morning from his bed in St. Elizabeth Health Center.
Centorame said Pixley said he knows Adams and denied having a gun and a bulletproof vest.
‘‘The truth is probably somewhere in the middle,’’ Centorame said.
(More)
An ax, gun and vest, part II: Suspect lied
The suspect, Derrick Harman, is a felon paroled seven months ago.
Forrest Adams said his blood-splattered kitchen "looked like a murder scene."
He pointed to blood on the stove and floor and a bullet lodged in a kitchen drawer that wasn't discovered until Wednesday. The bullet, fired by his son, 13-year-old Galen Hobdy, tore through an intruder around 11 p.m. Monday.
Adams, 38, gave a tour of his Belden Avenue home to a Vindicator reporter and photographer, pointing to blood smears and a broken glass coffee table. Family members are helping with the cleanup. The house has a fresh lemon smell from the scouring products.
He showed the basement where the intruder's bandanna still clings to a wall. A bulletproof vest that came off during their struggle and tumble down the basement steps was taken by police.
Adams sat on the porch Wednesday afternoon to talk about the ordeal that left him with knife wounds to his left hand and upper arm. It took 32 stitches to close the gaping wounds, and surgery will be needed for his hand. The cuts came from a kitchen knife the intruder snatched after dropping his gun.
"I took the buyout from GM and was going to truck driver school, but I can't drive," Adams said, holding up his injured hand. "I had only three weeks to go. They said I've got six months to finish."
He also has cuts on his knees and shins. He managed to slice the unwanted visitor with a heavy ceremonial ax that he grabbed from the living room wall. A second decorative — but lethal — ax remains on the wall. Police took the one used to cut the intruder.
False identity
Police said the man axed by Adams and shot by Galen during the home invasion was not 18-year-old Dennis Pixley, but Derrick Harman, a violent felon paroled from prison seven months ago. Harman, 28, who listed an Eastway Drive address, remained in critical condition at St. Elizabeth Health Center.
Police filed charges of aggravated robbery, aggravated burglary and two counts of felonious assault against him. He will be arraigned once released from the hospital.
Capt. Kenneth Centorame, chief of detectives, said Harman's girlfriend identified him, police compared photos and Harman himself admitted his true identity, saying he has used Pixley's name from time to time because Pixley has never been in trouble.
After seeing news reports, Pixley's mother alerted police, telling them her son's wallet was lost or stolen a year ago and she feared someone was using his identity.
Harman offered a variety of reasons for giving a false ID when confronted at the hospital, Centorame said. "He was scared, being on parole," the captain said.
Adams said his son, who lives in Akron with his mother, had been visiting for the summer but returned home until things quiet down. "He's fine, just worried about me," the father said.
Adams said he had the intruder in a headlock and moved a bit so that Galen could shoot the man. Galen fired once and then the gun jammed. The gun was Harman's, dropped during a struggle with Adams, police said.
Early on, Centorame said the case presented many inconsistencies, with Harman (then calling himself Pixley) saying he knew the homeowner on Belden and had been invited into the house. The investigation now holds up the homeowner's version of what happened, he said.
Surprised on the porch
Adams and Galen told police that a gunman wearing a bulletproof vest and a bandanna to cover his face surprised them on the porch when they arrived home around 11 p.m. Monday and forced them to open the door. The intruder screamed that he wanted all their money and threatened them with the gun.
Adams and his son were told to strip to their underwear before being marched into the dining room and ordered to lie on the floor. When Adams told the intruder he had no money, the suspect, now identified as Harman, fired one round into the floor and then yelled: "Don't [expletive] with me — I will shoot your kid!"
Harman then ordered Adams and his son upstairs and into a bedroom. While they sat on the bed, the intruder rummaged through the room, finding nothing, reports show.
In the hallway, Harman opened a closet and, while searching inside, lowered his weapon. Adams grabbed the gun and yelled for his son to go downstairs as he slammed the suspect into the wall. During the struggle, Harman fired one shot before falling down the stairs, hitting his head on the bannister and dropping the gun.
Adams said he saw the intruder run to a waiting car that left skid marks as it sped off. Police said a woman dropped Harman off at the hospital.
In October 1998, Harman pleaded guilty in Mahoning County Common Pleas Court to assault and three counts of aggravated robbery. Two of three firearm specifications were dismissed in a plea agreement, records show.
Harman was sentenced to three years in prison for the firearm specification and five years for the robbery convictions. He was incarcerated from Dec. 16, 1998, to Nov. 25, 2006, and then began five years' parole.
Labels: criminal's gun taken away and used against him, intruder, OH
Madisonville, Texas
From Bryan’s KTBX.com of June 11, 2007
Local Resident Fights Back Against Alleged Carjacker
A Madisonville resident fought back after he says a man and a woman tried to carjack him about a mile from his home.
It was an evening Mike Woycheshin will never forget. On Saturday, the Madisonville resident was on his way to a wedding when he came upon a car sideways in the southbound lane at the intersection of Old State Highway 75 and Spur 104, where a man was bent over in the street.
"I proceeded, got close to the car, and rolled my window down six inches," said Madisonville Resident Mike Woycheshin. "The man was in the road as if he was crippled or had been hurt. He jumped up and stuck a 38 mm gun in my face through the window and said, 'you white so and so get out of the car. I want the car.'"
Woycheshin says he then leaned back in his seat, stepped hard on the gas, and called 911.
Only minutes later while driving past the same intersection, about a mile from his home, Woycheshin says he was shocked to see the same car up to the same routine.
"I was very irritated when I went back and saw him in the spot. I didn't want the individual to get away," Woycheshin said.
Madison County Sheriff Dan Douget says the suspects recognized Woycheshin's vehicle.
"Whenever they saw him they fled, he followed them and he called his stepson and the stepson came out," Douget said.
Woycheshin then proceeded to follow the vehicle, and the chase began.
Woycheshin says the pursuit continued down back roads in the area until the two suspects in the car came to a dead end, abandoned their vehicle, and fled on foot. Woycheshin says he remained on the phone with 911 to let them know his location.
"It dead ended into a field and he waited until police got there," Douget said. "His stepson then went back to Highway 90 and observed them coming out of the woods, and at the point had a weapon with him and held them at gunpoint until the police officers got there."
David Ray Bratcher, 21, and Tara Vatrice Pitts, 18, both of Houston were arrested.
Local law enforcement say they weren't the only ones interested in questioning the two.
"Their car was reported as stolen and so apparently they are involved in something else in the Houston area, and so the Houston police department is investigating that part of it," Douget said.
The Madison County Sheriff's Office says David Bratcher is wanted in Houston for attempted murder, several counts of carjacking and one count of kidnapping. Bratcher was out on parole. No bond has been set.
Tara Pitts was released Monday afternoon on a $30,000 bond.
Officials say both face charges of attempted aggravated robbery with a deadly weapon.
Labels: carjacking, TX
Tulsa, Oklahoma
From June 11, 2007 Fox channel 23:
(TULSA, Okla.) June 11 - A Tulsa driver who shot a man in an apparent case of road rage says, "it was self defense."
An elderly Tulsa driver says he was assaulted by a man, near 21st and Riverside, yesterday. He said he had to shoot the man to protect his life.
The shooter told FOX23 News that the other man, Dale Turney, was unhappy with his driving, so Turney followed him to a parking lot.
The shooter says he didn’t want to fight and tried to back away from Turney.
He also showed Turney that he had a gun. But Turney was getting closer and closer and pushed him in the chest.
The shooter says Turney told him “you are history.” That’s when the shooter says he felt like his life was in danger, so he shot Turney.
Labels: altercation, OK, road rage
Fort Myers, Florida
From Fort Myers’ ABC-7.com of June 10, 2007
Supermarket gunfight ends with one deadFrom the Fort Myers News-Press of June 11, 2007
Fort Myers police officers say two men were shot by a business manager after they allegedly tried to rob the Discount Supermarket located at 2130 Ford Street.
Officials say when the two alleged robbers entered the store just before 12:30 p.m., one of them had a sawed off shotgun and the other had a handgun. They say one of the men started shooting at the manager – but the manager returned fire.
The manager shot one of the suspects in the head and one of them in the chest, according to police. They say the man shot in the head was already dead when they arrived at the scene.
"They fired one shot in the store. The store manager returned fire and shot one person in the head. He died immediately at the scene," said Shelly Flynn of the Fort Myers Police Department.
About 30 minutes after the shooting took place, police received word that a person with a gunshot wound to the chest was being transported from Lehigh Regional Medical Center to Lee Memorial Hospital.
Police say they believe that gunshot victim may be the second alleged robber. But they are still waiting to talk to him.
Store manager fights back
Teen robber killed, boy, 14, wounded
The Neighborhood Discount Supermarket is a mom-and-pop shop that’s served its Fort Myers community for years.
Customers drop by for a pack of cigarettes, a gallon of milk or a bag of chips.
“They’re real, real good people,” Bob Ward, 55, said of the owners, David R. and Nancy Hutto, and the people who help them run the store.
The store manager had the right to defend himself when two masked, gun-toting teenagers tried to rob him Sunday, Ward and others said.
One suspect, 16-year-old Damione Massey, of 5047 Centennial Blvd. in Lehigh Acres, was shot in the head and died, face down, in front of the counter.
The second suspect, 14-year-old Devon Gallagher, also of 5047 Centennial Blvd., fled, wounded.
It was not known whether the two suspects were related.
The pair had a sawed-off shotgun and a handgun when they entered the store at 2130 Ford St. shortly before 12:24 p.m. and shot at the manager, said Fort Myers police Detective Sgt. Bill Musante.
The manager fired back with a pistol, police said.
The manager, whose name wasn’t released, wasn’t hurt, police said.
(Much More)
Labels: business robbery, FL, minor offender
Lubbock, Texas
From KCDB of June 9, 2007
Homeowner Kills Home Invasion Suspect
A home invasion suspect is dead, after being shot in the stomach by the homeowner.
Police say the homeowner confronted a man who broke into his home around 3:45 Saturday morning in the 3000 block of 24th street.
The homeowner allegedly asked the man to leave several times before shooting the suspect in the stomach.
The suspect was taken to UMC.
He died Saturday afternoon.
From the Daily Toreador of June 12, 2007
Tech student shot, killed in Tech Terrace neighborhood
Texas Tech student Ross Baker, 23, was shot and killed Saturday morning at a Tech Terrace home at 3006 24th St.
Baker was a senior construction engineering major from Weatherford.
The shooting occurred around 3:45 a.m., according to the police report. The homeowner, Charles Mire, told police he confronted Baker, and Mire said he then fired a warning shot into the ceiling above his head. Mire shot Baker after he did not leave following the warning shot.
He was then transported to the University Medical Center, where he later died, according to the police report.
Baker had no prior criminal record.
The Baker family was unable to be reached for comment Monday.
Meg Carroll, a senior accounting major from Houston and a close friend of Baker's, said Baker was always great company and a peaceful person.
"Nobody ever had any problems with him. (He was) very non-confrontational," Carroll said. "He would never wrong anybody. All he did was go hunting on the weekends or hang out with friends."
Carroll said Baker enjoyed anything having to do with the outdoors, such as fishing and hunting.
Sergeant John Gomez said the police department is still in the process of gathering information from several witnesses. He said Baker's autopsy and toxicology information will not be available for another two or three weeks.
Baker was a member of the Delta Tau Delta fraternity.
From the Lubbock Online of June 12, 2007
Homeowner not likely to face charges in shooting
The man who shot and killed an intruder in his Tech Terrace home over the weekend will most likely not be charged with any crime, the district attorney said Monday.
Charles Mire shot Ross Baker inside Mire's home in the 3000 block of 24th Street about 3:35 a.m. Saturday. Mire, 43, told authorities he feared for his and his family's safety when Baker entered the home and set off an alarm, according to Lubbock police reports.
Lubbock County Criminal District Attorney Matt Powell said the law allows a person to use deadly force if they fear injury or death.
"Finding a stranger in your home at that time in the morning - that's about as scary as it gets," Powell said.
Friends of Baker say that the 23-year-old Texas Tech engineering major must have been lost or disoriented when he entered Mire's home.
Baker had recently moved into a home four blocks from the Mire residence in the Tech Terrace neighborhood.
Marcus Davis, Baker's roommate, said Monday that Baker was not the criminal type.
"He didn't have any enemies," Davis said. "Everybody he met loved him. He would never hurt anybody."
Police say Baker entered the house through an unlocked side door.
Baker, who grew up in Weatherford, doesn't have a criminal history in Lubbock, according to police records.
Toxicology tests are still pending to determine if Baker was under the influence of drugs or alcohol when Mire shot him in the stomach with a 9mm pistol, according to police.
Prior to firing the fatal shot, Mire ordered Baker to surrender several times and fired a warning shot, according to police.
The district attorney's office will make a final determination in the case after the police hand over all the details of the shooting, including the toxicology report.
The shooting comes three months after Gov. Rick Perry signed into law a bill that gives Texans a stronger legal right to defend themselves in their homes, cars and workplaces.
The bill, backed by the National Rifle Association, states that a person has no duty to retreat from an intruder before using deadly force and provides civil immunity for a person who lawfully uses it.
From KCBD Channel 11 of August 8, 2007
Toxicology Reports Released for Texas Tech Student Shot and Killed in Tech Terrace
The results of a toxicology report are supporting claims made by the family of a dead Texas Tech student.
Ross Baker died June 9th after he entered a home in the 3000 block of 24th Street during the early morning hours.
The homeowner shot Baker believing he was an intruder.
Baker's family claimed that he was drunk and most likely wandered into the wrong house.
Toxicology reports now show Baker had a blood alcohol level of .165, which is more than twice the legal limit. There was also evidence of marijuana in his system.
Labels: home invasion, TX
East Houston, Texas
From the Houston Chronicle of June 9, 2007
East Houston resident kills man firing gun near home
The fatal shooting of a 29-year-old man in east Houston Friday night will be referred to a grand jury, police said.
Gerald Tyrone Butler had been threatening people with a handgun in front of a home in the 2200 block of Bringhurst around 7 p.m. when he fired a shot at a 45-year-old man, who then fired back, striking Butler once, police said.
That man, unidentified, was not injured.
Butler, of the 1400 block of Featherstone, was taken to Ben Taub General Hospital where he died.
Detectives questioned the gunman and released him pending further investigation.
Athens, Alabama
From the Decatur Daily of June 9, 2007
Stepdad kills son: police
Athens authorities say shooting appears to be self-defense; parents threatened with ax
Athens police responded Friday night to a shooting at an Athens home and found one man dead in an apparent act of self-defense.
Athens Police Chief Wayne Harper said Jason Bickerstaff, 38, of Athens came to the home of his mother and stepfather at 301 Gale Lane demanding a shotgun and threatening them with a double-bladed ax.
The incident occurred at about 8 p.m., when a neighbor reported hearing Bickerstaff drive up and later heard Bickerstaff's mother, Linda Curtis, screaming. The neighbor said she did not hear any gunfire.
Bickerstaff's stepfather, Dave Curtis, went into the bedroom to get the shotgun, Harper said. Bickerstaff followed and again threatened his stepfather with the ax and knocked him down. At that point, Dave Curtis retrieved a pistol he had in the bedroom and shot Bickerstaff, Harper said.
Limestone County Coroner Mike West said Bickerstaff had two gunshot wounds in his chest, both from a .38-caliber pistol.
After the shooting, Dave Curtis went outside to wait for Athens police to arrive, Harper said.
Harper said police are not yet sure why Bickerstaff was demanding the shotgun, but he said police had received a report earlier Friday that Bickerstaff had been involved in an altercation with someone over money.
Police were still investigating the case late Friday. Harper said there were no plans to charge Dave Curtis in the shooting.
Labels: AL, assault, domestic dispute
Lauderdale Lakes, Florida
From Miramar’s NBC6.net of June 8, 2007
Store Employee Shoots Robbery Suspects
Two armed robbers tried to rob the Questcomm Mobile Phone store on Oakland Park Boulevard in Lauderdale Lakes last Friday, police said. Little did they know someone inside the store was armed as well.
"It really frightened me because I didn't know what was going on," said store employee Tiffany Wilson.
Surveillance video shows Wilson walking into the store with the two armed gunmen behind her.
"He grabbed me from behind," Wilson said. "I was shocked, but the first thing that came to my mind is do what they say and give them what they want."
The video then shows the men walking out of the store.
"What they weren't counting on is that one of the employees inside the store was armed. He walked out after them and they had a brief shootout outside in the parking lot," said Keyla Concepcion of the Broward Sheriff's Office.
It was that employees quick reaction that gave police a crucial tip they needed in the case. After locating a car with a bullet-riddled windshield, they identified the suspects as 22-year-old Urel Barrett and 21-year-old Steven Peets.
Police are now asking the public to help them catch the men they describe as "career criminals."
"We know that they have guns and they're willing to use them," Concepcion said.
Labels: business robbery, FL
Coon Rapids, Minnesota
From the Twin Cities Pioneer Press of June 8, 2007
Coon Rapids man said he fired in 'self defense' as he walks out of jail without charges
Investigators refuse to release name of officer, who suspect's family says pulled a gun on them
The Coon Rapids man arrested in the Thursday shooting of an undercover police officer in a road rage confrontation said he shot in "self defense" as he was released this afternoon without being charged.
After meeting with Coon Rapids police, prosecutors opted today to not charge 35-year-old Martin Scott Treptow, said the prosecutor overseeing the case. The investigation, though, into the entire incident continues, prosecutors said.
Witnesses described Thursday shooting as the culmination of a rolling argument that escalated into an apparent full-blown case of road rage. The suspect's family said Treptow fired only after a man pulled a gun on them and they had no idea he was an officer. Treptow said outside the jail this afternoon, that the officer drew his gun first.
Police arrested Treptow shortly after the shooting after he called police from a nearby gas station.
A day after the shooting, the cop's bosses at the Robbinsdale Police Department continue to refuse to release the officer's name.
Coon Rapids police did not rule out the county prosecutor filing charges against the officer. Officials with the Anoka County attorney's office said no charges will be filed in this case at this time.
"At this point we are giving the county attorney's office everything we have. We are not giving any recommendation, one way or the other," Coon Rapids Deputy Chief Timothy Snell said this morning.
Meanwhile, Treptow's family, who last night told the Pioneer Press they were only protecting themselves from a "renegade cop" who had pulled a gun on them, refused to comment this morning.
On Thursday, Robbinsdale Police Chief Wayne Shellum said his officer was just doing his job. But Treptow's father said last night the plainclothes officer threatened his family with his gun and that Treptow shot him to protect his family.
"This is a case of people letting their tempers get out of control," Snell said. "It escalated and became a deadly force situation just because of some petty misdemeanor driving issues."
Police refused Thursday to release the 27-year-old officer's name, saying he was working undercover, but he is described as a six-year veteran of the Robbinsdale police force. He sustained injuries to both legs and an arm, although investigators aren't sure how many shots were fired.
(Much More)
Labels: concealed carry permit, MN, road rage
Sallisaw, Oklahoma
From the Muskogee Phoenix of June 8, 2007
Woman allegedly shoots, kills estranged husband
Authorities are investigating the overnight shooting death of a man who broke into the home of his estranged wife.
Witnesses told police that Robert Andrew Wolfe, 49, broke into the Sallisaw residence and attacked Kimberly Opal Davis with a baseball bat. Davis grabbed a pistol and shot Wolfe, who was pronounced dead at the scene.
A spokesman for the Oklahoma State Bureau of Investigation said it appears the shooting was justifiable.
“She shot and killed him while he was breaking into her home,” said OSBI Assistant Director Jon Loffi. “It apparently will be a self-defense shooting.”
Labels: domestic abuse, home invasion, OK
Lamar, Colorado
From the Pueblo Chieftain of June 8, 2007
Home invasion suspect shot and killed
The Prowers County Sheriff's Department is investigating the death of a man who was shot by a homeowner during an alleged home invasion early Thursday.
At approximately 1:15 a.m. Thursday, authorities were notified of an alleged burglary west of town where Raul Munoz, 27, of Lamar had been shot.
Authorities would not release the name of the shooter nor the address where the shooting took place.
"I will not be releasing his name because there have been some threats made against him by some of the family members of the victim," said Sheriff Jim Faull.
Faull would only say that a young man shot Munoz in the shoulder and then in the head after he and two others allegedly invaded his home overnight.
Munoz died at the scene.
Faull said the incident may have been drug related.
The shooter may not be charged with a crime because of Colorado's "Make My Day" law, which allows residents to protect themselves from intruders.
"At this point it is leading to look more like the 'Make My Day' law, but we haven't completely ruled out filing charges (against the shooter). We still have some interviews to do yet," Faull said.
According to Faull, Munoz and two accomplices, Markos Enciso, 22, and Lupe Vargas, 35, both of Lamar, allegedly were trying to burglarize the home west of town.
Faull said both Enciso and Vargas are being held in Prowers County jail and face burglary charges.
The two suspects were apprehended by sheriff's deputies as they were leaving the scene.
Faull would not give any more details about the incident, stating that the shooting remains under investigation.
Labels: CO, home invasion, residence burglary
Duncanville, Texas
From the Dallas Morning News of June 8, 2007
2 injured in home invasion shootout
Two men were injured in Duncanville early Friday after a home invasion shootout.
Duncanville police were called to the 200 block of Martin Luther Circle around 5 a.m. after resident Derrick Johnson, 35, told authorities he woke up to find someone ransacking his home.
Mr. Jackson said he shot at the burglar and the suspect fired back. Mr. Jackson was struck in the lower abdomen and transported to Methodist Dallas Medical Center for surgery.
A man was found about an hour later in a field at the 300 block of South Cockrell Hill Road with a gunshot to his pelvic area, police said. He was transported to Methodist in unknown condition. Police did not release the man’s name, but said he was a possible suspect.
The matter remained under investigation.
Labels: defender shot, home invasion, TX
DeRidder, Louisiana
From the Leesville Daily Leader of June 7, 2007
Alleged attacker shot by ex-girlfriend in DeRidder
Members of the DeRidder Police Department responded to a call from a residence on Bilbo Street last week, where Paul Lee Williams had been shot in the leg.
According to the police Williams had been stalking his ex-girlfriend and earlier in the day threatened her outside of a local store.
The ex-girlfriend, whose name was not released, immediately went to the Police Department and filed a report. Because she was afraid for her life members of the police department escorted her home and secured her house.
After the police left she locked all of her windows and doors.
The police described that sometime after dark the victim felt as if she were being watched and walked out onto her porch where she noticed that the skirting around her house had been disturbed. Williams then emerged from beneath her home and ran toward her.
She immediately went back in to her home and retrieved a pistol which she had been carrying for protection.
She allegedly fired at Williams and missed. She went back into her home and picked up the phone to call the police when Williams forced open the back door and entered her house.
She shot at him two other times, hitting him once in the leg as she dialed the number for the police department.
Williams fled the scene and the police found her at the end of her driveway near the road with the gun in one hand and the phone in the other.
After searching the surrounding area the police found Williams in the garage of a nearby house.
Williams was taken to a local hospital where his wounds were treated and then booked into the DeRidder Jail.
He was charged with Simple Burglary of an Inhabited Dwelling, Stalking and other charges.
He also has a criminal record with two other stalking charges.
Labels: assault, home invasion, LA, stalking
Albuquerque, New Mexico
From the Albuquerque Tribune of June 7, 2007
Albuquerque police: Man shoots neighbor's intruder
A man coming to the aid of his West Side neighbor shot an intruder, even as the intruder beat him with a crowbar, Albuquerque police say.
Police said Gregory Lawrence Powers, 36, broke into the West Side yard around 10 p.m. May 26.
After a neighbor arrived with a gun, Powers attacked him with a crowbar, according to a Metro Court criminal complaint. Powers continued beating the Good Samaritan even after being shot three times, the complaint said.
Powers was taken to University of New Mexico Hospital and treated for gunshot wounds to the chest and groin. He was released into police custody Monday, a hospital spokeswoman said.
Powers is charged with aggravated battery with a deadly weapon. The neighbor was treated and released from UNMH.
Vail/Corona de Tucson, Arizona
From Tucson’s AZStarNet.com of June 7, 2007
(Scroll down)
6 A 33-year-old man was arrested on suspicion of criminal damage at 2:56 a.m. May 13 in the 13600 block of East Aviara Place. A resident told deputies he and his family were awakened by loud noises in the backyard. He said he and his son went outside and held the man at gunpoint until deputies arrived. Patio furniture was thrown around the yard. Several pieces of furniture were in the pool. A flower pot and a pool basketball hoop were shattered. A cell phone that did not belong to the residents was found at the bottom of the pool. The man was drunk and told deputies he thought he was at a different house. He also was arrested on suspicion of criminal trespassing and booked into the Pima County jail.
Killeen, Texas
From Waco’s KXXV.com of June 6, 2007
Home Invasion Ends In Stabbing & Shoot-out
Killeen Police don't know whether or not drugs or gangs were related in the shoot-out but they do know the victim received a knock on his door around 12:30 Wednesday morning. He thought he knew the two men on the other side of the door, so he opened it and was soon trampled over.
The two men were wearing scarves over their faces, one running past the victim to the back bedroom and the other stabbing him multiple times. The second suspect, who headed toward the back of the apartment began shooting into the back bedroom, but unknown to him, shots were fired back at him by several men in that room.
Both suspects then ran out the door and were gone before police got there.
Just 30 minutes later, Metroplex Hospital in Killeen reported a patient with a gunshot wound. That man told police he had been robbed and shot by two men in Conder Park in Killeen.
Carroll Smith with the Killeen Police Department says investigators are now trying to figure out if that victim is one of their suspects in the home invasion.
"We've got two different incidents that happened in the same near area. Are they related? It's unknown at this time. Could they be related? Yes," said Smith.
Labels: home invasion, TX
Amherst County, Virginia
From the Lynchburg News and Advance of June 5, 2007
Amherst County man shoots bear at his front door
Hank Burchard came in from sky watching around 10 p.m. Monday.
Shortly afterward, he heard a scratching sound outside the kitchen door of his rural Amherst County home.
Looking out the front door, Burchard saw the noise was coming from a black bear that since March has damaged property during late-night romps in his Temperance-area neighborhood.
But when Burchard yelled out his front door - trying to scare the animal away - the bear came to the front door and stood on its hind legs.
That’s when Burchard got his .358 Winchester rifle and pointed it through the screen door.
“I figured there wasn’t going to be any end to this, so I shot him,” Burchard said of what he estimated was a 235-pound bear, whose meat was donated to charity.
...
For both Crump and Burchard, killing a bear was the last resort.
“It got to where we were under siege,” Burchard said.
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Houston, Texas
From Click2Houston of June 6, 2007
Man Shoots Suspected Car Thief
A car owner shot a man who tried to steal his car early Wednesday, officials told KPRC Local 2.
Houston police said the car owner saw his Chevrolet Camaro being driven out of his driveway in the 6700 block of Avenue H near Cesar Chavez Boulevard at about 4:30 a.m.
The owner ran out of the home with his gun in hand, officials said.
Investigators said the suspect lunged at the owner with a screwdriver and stabbed him in the head twice.
Police said the owner fired seven shots at the suspect, striking him three times in the stomach and leg.
The suspect and car owner were transported to Ben Taub Hospital. The suspect was last listed in serious condition and the car owner was stable.
Detectives said the suspect could face charges of burglary of a motor vehicle.
Labels: street property theft, TX
LaGrange, Maine
From the Bangor Daily News of June 6, 2007
LaGrange man detains two alleged burglars
A LaGrange man used a 12-gauge shotgun Tuesday to detain two people who apparently tried to break into the home he is renting on the Bennoch Road.
Guy Shuman, 18, of LaGrange has been charged with burglary and criminal mischief, and charges also have been filed against a juvenile involved in the incident, Sgt. Bill Birch of the Penobscot County Sheriff’s Department said Tuesday afternoon.
This is the second time in the past few weeks that Penobscot County sheriff’s deputies have responded to a report of a burglary at the home, according to Birch. Police confirmed that the rented residence previously was broken into in late May.
No one was injured in Tuesday’s incident, Birch said.
"[The resident] heard a noise out behind his house around 11:04 this morning when he noticed two people trying to break into his house," Birch said.
He confronted the two men and held them until law enforcement officials arrived.
Shuman was arrested and taken to Penobscot County Jail where he remained Tuesday afternoon. He is scheduled to appear on July 13 at Penobscot County Superior Court.
The juvenile was released into his parents’ custody.
Labels: ME, residence burglary
Houston, Texas
From the Houston Chronicle of June 5, 2007
Grand jury clears shooter in March Metro fatality
Grand jurors find an unarmed bus rider's death was self-defense
The deadly shooting of an unarmed man on a Metro bus two months ago was justified, a prosecutor said after a grand jury declined to indict the shooter, because the man appeared to be a threat. But the man's family said the recent decision to drop the murder charge was an "outrage."
Harris County prosecutors had charged Garrett William Mallot in the death of Otis James Francis after an altercation March 28. Assistant District Attorney Katherine McDaniel said Mallot originally was charged with murder because someone had been shot and authorities needed time to investigate.
While the investigation eventually indicated the shooting was justified, McDaniel said the case needed to be presented to the grand jury for review.
The Metro bus had about 30 passengers when Mallot, who had a license to carry a concealed handgun, climbed aboard shortly before noon in the 11700 block of Westheimer. As he boarded, the two men bumped into each other and began arguing. Mallot continued to the back.
McDaniel said several witnesses on the bus said Francis then walked from his seat at the front of the bus to Mallot in the back while saying he was going to beat Mallot.
"That guy said he was going to kick my ass," Mallot has said.
"He (Francis) made verbal threats, then I believe, started clinching his fists and moving in the direction of Mr. Mallot," said Mallot's attorney, Alvin Nunnery.
As Francis approached him, Mallot believed he was in "imminent danger" and pulled out a pocket knife with a 3 1/2 -inch blade, McDaniel said.
Nunnery said his client drew the knife in the hope that it would cause Francis to keep away from him, "but it had no effect at all."
Because Francis was continuing to move toward him, Mallot dropped the knife, pulled out a pistol and shot him, McDaniel said.
Francis rushed to the front of the bus, where he collapsed and died, authorities said. Mallot remained aboard, his hands raised in surrender, until Houston police officers arrived.
McDaniel agreed with Nunnery that Mallot was significantly smaller than Francis.
McDaniel cited a legal doctrine called "apparent danger" that allows the use of deadly force if a person feels he is in imminent danger and no retreat is available.
"I believe that Mr. Mallot did have a perception of apparent danger," McDaniel said. "And I believe he was reasonable in using deadly force."
Etta Francis said she didn't believe Mallot's claim that he fired out of fear for his own safety.
"How can you call something 'self-defense' when the other person didn't have a weapon at all?" Francis said.
She has been in counseling to help her deal with her son's death.
Uncovered during the investigation, McDaniel said, were complaints about Francis being involved in other bus altercations. On Tuesday she couldn't say if any resulted in criminal convictions.
Francis also had a Harris County criminal record, with past convictions for charges ranging from assault to drug offenses.
"He may have had a (criminal) background, but it didn't warrant him to be shot down like a dog," Etta Francis said.
Nunnery made his client available to speak to the grand jurors during the hearing.
Etta Francis said she has forgiven Mallot and prays for him and his family.
"But, everybody has to be held accountable for anything that they do wrong," she said. "I didn't expect him to just get a slap on the wrist, and that was it."
Mallot's lawyer said it was "merely happenstance" that his client is white while Francis was black.
"There was absolutely no racial component to this (shooting) at all," Nunnery said.
On Tuesday, community activist Quanell X called for the case to be presented to another grand jury with a new prosecutor.
"This is a disgrace," Quanell said. "It's a slap in the face to the entire African-American community, and we have a right to be outraged."
On Tuesday, Mallot could not be reached for comment. "They want this behind them so they can move on," said Nunnery, who plans to file a motion within the next few days to have the arrest expunged from his client's record.
Labels: assault, concealed carry permit, TX
Birmingham, Alabama
From the Birmingham News of June 5, 2007
Suspected intruder shot, killed at Hayes High School
An alleged intruder was shot and killed this morning during a struggle with a Birmingham City Schools security officer at Hayes High School.
Two school security officers were dispatched to the school at 3 a.m. after they were alerted to a break-in, said school system spokeswoman Regina Waller. When they arrived, they saw a man exiting the school through a window.
As one of the officers was trying to handcuff the man, the suspect turned and tried to attack him, Waller said. They fell to the ground in a struggle, and the security guard's gun discharged.
The intruder was taken to University Hospital, where he underwent surgery and died, Waller said.
Birmingham police evidence investigators remained on the scene at 10:30 a.m.
Jefferson County Chief Deputy Coroner Jay Glass identified the dead man as 24-year-old Alfonzo Turner of Birmingham.
Waller said the school security officer has been placed on administrative leave pending the investigation.
Oklahoma City, Oklahoma
From May 29, 2007 KWSO channel 7:
OKLAHOMA CITY (AP) - Oklahoma City police have identified a man shot and killed over the weekend after entering a home on the city's northwest side.
Police say 27-year-old Eugene Drake was killed shortly before 8 o-clock Saturday morning after a gunbattle broke out at the house.
Police say Drake was seen prowling outside the house on Northwest 121st Street before he entered the home and exchanged gunfire with someone inside. Drake was shot and killed, and the resident was wounded.
The resident's name wasn't immediately released, while police determine whether to recommend any criminal charges.
Labels: OK, residence burglary
Orlando, Florida
From Melbourne’s Florida Today of June 5, 2007
Pizza shop manager fires at robbersFrom MyFoxOrlando.com of June 12, 2007
Authorities in Orange County, Fla., are searching for as many as four men possibly involved in the robbery of a Pizza Hut restaurant late Monday.
Deputies said two men walked in to the Pizza Hut restaurant located on Americana Boulevard in Orange County, ordered some food and then left the building.
A short time later, officers said two different men, who may have been working with the first two men, entered the restaurant, showed guns and snatched a cash register.
As the men exited the restaurant, the manager pulled out a personal handgun and shot three rounds at the culprits, police said.
The men fled, apparently unharmed, police said.
Officers said the manager made the decision to fight the robbers as they were trying to flee the scene.
"It's a personal decision," Orange County sheriff's Cmdr. Jeff Stonebreaker said. "Each person has to make that decision for themselves sometimes it works out for victim and other times it has not."
Pizza Hut Worker Fired for Shooting at Armed Robbers
A pizza hut employee says he feared for his life when he shot at armed robbers. But the company says he violated policy and fired him. (Includes video)
Labels: business robbery, FL
San Antonio, Texas
From San Antonio’s WOAI.com of June 5, 2007
Fearless Store Clerk Shoots Out Thief’s Windows
Police say two men are under arrest after a robbery at a northeast side convenience store Monday night. According to officers, one of those suspects was shot by the store clerk.
The robbery happened around 8:30 p.m. at the Ashkan Food Mart on Rittiman Road.
Police say a robber came into the store and acted as if he had a gun. Once he got cash, he hopped into a waiting pick-up truck. The clerk ran outside and shot at the truck as it drove away.
Officers were able to track down that truck at a nearby apartment complex. They say the vehicle's windows had been shot out and they noticed blood.
Police found the injured suspect and a man believed to be his getaway driver. Both were placed under arrest.
There is no word yet on the suspect's condition.
Labels: business robbery, TX
Fairbanks, Alaska
From the Juneau Empire of June 3, 2007
Fairbanks man shoots grizzly
Another grizzly bear has been shot outside Fairbanks. It was the third killed in defense of property in eight days.
A Fairbanks man shot the grizzly early Thursday off of Farmers Loop road north of the city. His property borders Creamer's Field Migratory Waterfowl Refuge.
Don Young, an Alaska Department of Fish and Game biologist, said the bear and a sibling approached the man at his backyard farm.
"They were kind of nosing around where the guy had a cow and some geese," Young said. "He yelled at them and shot a couple shots in the dirt and they kind of ran off and split up, but one came back and he ended up shooting it."
State wildlife troopers will investigate the shooting, Young said.
He estimated the bear weighed about 200 pounds and was 3 or 4 years old.
Two grizzlies were killed near here May 24. One was shot in Salcha, south of Fairbanks, after it got into a pig pen. The other was killed at Mile 13 Elliott Highway when it walked into a yard and confronted a barking dog.
"This early in season, the end of May, three (shootings) around Fairbanks is definitely on the high side," Young said.
The bear killed Thursday was shot in the same area where two grizzly siblings were reported last spring. One of those bears was shot and killed when it approached a horse corral.
Cordova, Tennessee
From Memphis’ MyEyeWitnessNews.com of June 3, 2007
New Information: MPD Officer Killed in Cordova Home Invasion
A 27 year-old Memphis police officer was killed Sunday, June 3, 2007, after he kicked open a door at the home of his former girlfriend, who is also a Memphis police officer.
Deputies were called to the 1200 block of Breezy Gate Drive in East Shelby County near Cordova just after 8 a.m. They found 27 year-old Jeremy Kyle shot to death near a downstairs bedroom.
The woman who lives at the house, 27 year-old Teresita Watson, told Sheriff's Detectives the intruder was her co-worker and former boyfriend. Watson says after Kyle kicked open the backdoor of her home, he walked to the bedroom and pointed a gun at her and another man who was with her, 22 year-old Justin Davis of Memphis.
There was an exchange of gunfire. Kyle was shot in the chest. He died at the scene. Watson was also shot. The bullet grazed her stomach area. She was treated and released from the Regional Medical Center. Davis was not hurt.
Watson's three young children, ages 3, 5 and 9 years-old, were upstairs in a bedroom. They were not hurt.
Sheriff's detectives say Davis admitted shooting Kyle when he aimed the gun at him and Watson. No charges have been filed against Davis.
Sheriff's Deputies had been called to the house before. On April 20, 2007, Watson and Kyle were involved in an argument. Investigators say it was settled without anyone being arrested. Also on December 31, 2006, deputies were called to the Breezy Gate Drive address when Kyle removed some belongings from the house. No one was arrested in that incident.
Both Kyle and Watson worked at the Old Allen Station. Kyle worked for Memphis police for 3 years. Watson worked for the department for 4 years.
Labels: domestic dispute, home invasion, TN
Houston, Texas
From the Houston Chronicle of June 3, 2007
Owner shoots man trying to rob store, HPD saysFrom Houston’s KHOU.com of June 3, 2007
The owner of a southeast Houston cell-phone store shot and killed a 19-year-old man who was trying to rob him Saturday night, Houston police said.
Bystanders said they heard about five shots ring out shortly before 6 p.m. Saturday and saw a man running through the parking lot of a small shopping strip in the 7100 block of Bellfort.
According to police, the man apparently tried to rob Ultra Telecom at gunpoint, but the owner got his own weapon and chased him out of the store, firing multiple times.
The young man collapsed and died at the entrance of the parking lot. For several hours after the shooting, his body lay covered by a yellow sheet, a black handgun on the pavement next to his his right hand and a tan baseball cap by his feet.
Homicide investigators questioned the store's owner and interviewed multiple witnesses at the scene, including passengers on a Metro bus that was passing by at the time.
When officials moved his body onto a stretcher and placed it into a Harris County Medical Examiner's van about 9 p.m., relatives gathered across the street wept and embraced each other.
"What was he thinking?" one woman cried, collapsing onto her knees. "What was he thinking?"
Fatal shooting of robbery suspect by victim to go to grand jury
The fatal shooting of a robbery suspect by a potential victim will be referred to a Harris County grand jury.
The incident occurred in the 7100 block of Bellfort around 8 p.m. Saturday.
Mohammad Hoque, the owner of a cellular phone store, shot and killed Quinton Jerome Randle, 21, when Randle reportedly tried to rob him.
Randle died at the scene. Hoque was not injured.
According to witnesses, Randle entered the store and robbed Hoque at gunpoint. Hoque then got his own gun from behind the counter and chased Randle out of the store. Randle pointed his weapon at Hoque who then fired several shots.
The investigation into the incident is ongoing.
Labels: business robbery, TX
Shreveport, Louisiana
From Shreveport’s KPXJ21.com of June 2, 2007
Man shot, faces battery charges
A Shreveport shooting is being considered self defense. Police say the man who got shot now faces battery charges.
It happened in the 500 block of Kirby Street. Just after 6:00 p.m. Saturday, neighbors say a woman shot the man that she lives with. The woman says the man was beating her and she pulled out a gun and shot him in the leg.
The man was taken to LSU hospital. At newstime, there were no charges against the woman.
Labels: domestic abuse, LA
Fort Bend, Texas
From the Rosenberg Herald Coaster of June 1, 2007
Apparent home invasion results in fatal shooting
An apparent attempted robbery and home invasion turned deadly early Friday morning when a gunfire exchange between the victim and a suspect left the victim dead in front of his home.
The shooting occurred around 3 a.m. in the 5900 block of Beaconridge, in Houston in east Fort Bend County, where officers with Houston Police Department found the 32-year-old victim dead from a gunshot wound.
A full report from HPD was not available at press time, but a report published by the Houston Chronicle indicates that three suspects tried to enter the home. Shots were reportedly fired by both parties. Two residents escaped through the back door.
From the Houston Chroniclen of June 1, 2007
Man shot dead at home by intruders
A 33-year-old man was fatally shot early Friday at his southwest Houston home, police said.
Police found the body of David Andrew Johnson just inside the front door of his residence at 5934 Beaconridge about 3 a.m..
Witnesses told investigators they opened the door after hearing a knock and were confronted by two men who began shooting.
A witness inside the residence was able to return fire before locking the door, but the suspects forced their way into the house and shot Johnson before leaving in a green four-door vehicle, possibly a Ford Taurus or Pontiac Grand Am with tinted windows, police said.
Labels: defender killed, home invasion, TX
Akron, Ohio
From the The Plain Dealer of June 1, 2007
Akron man with concealed gun shoots at robbers
A man legally carrying a concealed handgun shot at an armed robber in Akron.
Four teenagers approached 24-year-old Raphael L. Owens at about 11:30 Wednesday night near the corner of Elmore Avenue and South Portage Path. One pointed a chrome-plated gun at Owens and demanded his cell phone. Owens gave up the phone.
The robber then asked, "what else do you have?"
Owens tried to run, but the robber grabbed his arm. Owens broke free, pulled out his own gun and fired one shot, missing the teens, who took off running.
They ran south on Elmore while Owens ran toward a pay phone. When he got to Grand Avenue at West Exchange Street, he saw the suspects up the street, at Grand and South Portage Path. Again, one teen leveled a gun at him. Again, Owens fired a shot and missed.
The suspects fled as Owens called police from the pay phone at West Exchange and Dodge Avenue.
Owens, who lives in a North Portage Path apartment, couldn't be reached this morning. No one answered the stolen cell phone.
Labels: concealed carry permit, OH, street robbery
North Pole, Alaska
From KTVA of May 31, 2007
Man shoots threatening moose
Alaska wildlife state troopers say a North Pole musher will NOT be cited for shooting a moose that threatened to charge him. The cow was defending a calf from a sled dog that had pulled loose from a chain in the yard of musher Jonah Lilley. Wildlife Trooper Dennis Roe says Lilley shot the moose in the head Monday with a .22-caliber rifle from about 20 feet away.
Roe says the cow and calf -- which was probably was less than a week old -- walked into Lilley's dog lot and "riled the dogs up." He says one of Lilley's bigger huskies pulled its anchor out and ran to the moose. Lilley went into his house for the gun, came back out and fired it into the air to scare the moose. Roe says the cow turned away from the dog toward Lilley, and when it moved toward him, he shot it.
Roe says the loose dog grabbed the calf by its hind end and seriously injured it. Roe says that when he arrived, the calf was alive but could not stand up, so he shot it. He says the shooting of the cow appeared to be justified. The cow moose was salvaged by a charity. The Alaska Department of Fish and Game took the calf carcass for research. Wildlife officials say cow moose aggressively protect their young and neither calves nor cows should be approached, especially at this time of year.