Civilian Gun Self-Defense Blog

New details in McCall shooting

We now have a better picture of what led to a fatal shooting in McCall Monday morning. Prosecutors painted of three young men out for revenge.

The end result - their own brother was killed - and they are now behind bars.

24-year-old William Prescott and his brother 21-year-old Patrick Prescott are charged with three counts of aggravated battery.

Prosecutors say it's for their role in what resulted in the shooting death of their own brother - 23-year-old James Prescott.

The prosecutor says two brothers came to this home on and got into a fight.

“You can see William has bruises, he was attacked by 15 people,” Sam Hoagland, Defense Attorney said.

The two brothers left - and according to the prosecutor - returned with their brother and returned with weapons.

One came back with a hammer - another with rebar - the third the equivalent of brass knuckles - and all three wearing mouth guards.

Prosecutors say - a clear sign they were ready and willing to get into a fight.

‘When you come equipped with mouthpieces and things like that, you're coming equipped for a brawl,” Matt Williams, Valley Co. Prosecutor “It's not just I'm gonna punch you and get you back. and some of that clearly was motivation revenge motivation for the fight previously and the fact that they were outnumbered and they were coming back for revenge on that.”

Police say the man that killed Preston says he acted in self-defense, and no charges will be filed.

Prosecutors asked for $25,000 bail - but the judge reduced the amount for each to $100,000.

Recognizing they are both grieving the loss of their brother - but also calling them a danger to the community.

The Prescott’s will have their preliminary hearing in June - meanwhile the family is making funeral arrangements for James Prescott.

Man will not face trial after shooting

Robert Bludau will not face trial in connection with the Jan. 22 shooting of Israel Calderon after a Lavaca County grand jury no-billed him last week.

The shooting occurred during a party at a home near the Hope community. Calderon died two days later.

District Attorney Vicki Pattillo said that under state law, a finding of "no bill" means the findings of the grand jury are not subject to open records requests.

She said that, in her opinion, the case was no-billed based on self-defense and defense of third-party issues.

The defense attorney agreed.

"I think all the evidence collected showed that the shooting was done in self-defense," said Houston Munson Jr., defense attorney. "The district attorney's office was aboveboard on everything involving the case and the presentation of the evidence collected by the Department of Public Safety, the DPS crime lab and the (Lavaca County) Sheriff's Office. After the results of the various investigations were presented, the grand jury decided to return a no bill."

Bludau, 44, of Hallettsville, was arrested the morning of Jan. 22 on a charge of aggravated assault with a deadly weapon at his home at 598 County Road 445, where the shooting occurred.

He was released that same morning after posting $100,000 bail.

The shooting was reported to the sheriff's office around 11:40 the night before.

Calderon, 35, was in critical condition when he was transported by emergency helicopter to Wilford Hall Hospital in San Antonio. Calderon died on Jan. 24, according to the sheriff's office report.

Calderon had a Dallas address on his driver's license but had been living in Victoria.

Texas Ranger Dewayne Goll assisted in the investigation and prepared the probable cause affidavit for the arrest warrant issued for Bludau.

The affidavit stated the incident started with a call to the sheriff's office that Saturday night with the caller saying a man at the home was creating a disturbance and refused to leave. Three minutes later, the sheriff's office received a second call from the same location reporting the shooting.

Munson said his client's explanation of what happened was similar to that of the affidavit. Munson said he was told Calderon was attending a family gathering with his girlfriend, became belligerent and was asked to leave. After eventually agreeing to leave, Munson said, Calderon returned, had a knife and was threatening Bludau when the shooting occurred. Munson said both Calderon's girlfriend and Bludau's fiancée tried to restrain Calderon from attacking Bludau, but the women were pushed away just before any shots were fired.

"I have a lot of respect for Ranger Goll and how he conducts investigations and presents evidence," Munson said. "I know the investigators looked at the time frame, what evidence was collected and sent to the DPS crime lab, like ballistics reports and blood spatter patterns, and offered it to the grand jury without bias."

Teenaged Burglar Shot By Homeowner

Police say a man shot and wounded a teenager he found in his home – attempting to rob him.

Police say 27-year-old Ronald Ramsey arrived at his Lawrenceville home Tuesday afternoon and found 17-year-old Alrazi Basher of Duluth inside, robbing him. Officials say when Basher tried to flee the home, Ramsey shot at Basher and hit him and his vehicle.

Basher drove to a friend’s house nearby, running over a street sign along the way. The friend called 911 after seeing Basher had been shot. Basher was taken to Gwinnett Medical Center to be treated. He is currently listed in serious condition.

The Ford SUV that Basher used to drive to a friend’s house had been stolen from Lawrenceville. Officials say they found stolen property from other burglaries inside the vehicle.

The investigation into the shooting is ongoing. Police say Ramsey is cooperating with authorities.

Basher has been charged with one count of burglary and one count of theft by receiving a motor vehicle.

No murder charge for man who shot rapper Proof, prosecutor says

The man who shot and killed Detroit rapper Proof acted in self defense and will not face murder charges, Wayne County Prosecutor Kym Worthy said Tuesday.

Mario Etheridge, 28, shot Proof, whose real name is Deshaun Holton, after Proof allegedly shot and killed Etheridge’s cousin, Keith Bender Jr., a U.S. Army veteran.

“The evidence clearly shows that Mario Etheridge acted in lawful self-defense of another when he shot Deshaun Holton,” Wayne County Prosecutor Kym Worthy said Tuesday.

The C.C.C. club on 8 Mile was the place where Proof, 32, a close friend of Eminem and a member of the rap group D12, was shot three times in the head and chest after a fight about 4:30 a.m. April 11 -- more than two hours after the club was required by law to close.

Before his death, Proof, shot the 35-year-old Bender, police said. Bender died a week later.

Etheridge, who prosecutors said shot Proof, was charged last month with gun felonies, but not with the killing. Police said Etheridge, a bouncer at the bar, shot Proof after the rapper shot Bender in a fight over a pool game.

Squabble leads to gunfire, one hurt

A confrontation in Nebo Saturday night landed one man in the hospital with a gunshot wound to the chest.

Shortly after 9:30 p.m., McDowell County sheriff’s deputies were called to a residence on Southern Way owned by Darrell Freeman.

Capt. Dudley Greene of the Sheriff’s Office said Freeman and several others were in his yard, when 34-year-old Mark Anthony Salyer of Southern Way showed up unannounced.

Witness said a confrontation ensued and Salyer brandished a weapon, the captain stated.

That’s when Freeman shot Salyer once in the chest with a .45-caliber handgun, according to Greene.

"No charges have been filed at this time, but we continue to investigate," said the captain. "We’re still sorting out the details."

Salyer was airlifted to Memorial Mission Hospital in Asheville, where he was listed in serious but stable condition early Sunday morning.

However, authorities say they received word later that Salyer was released.

No one by that name was listed as a patient at the hospital Sunday evening.

Intruder Shot Multiple Times

A 9-1-1 call from a woman in Boring reported that a man who had been harassing her, broke into her residence and her boyfriend shot the intruder multiple times.

It happened at about 2:30 a.m.

Clackamas County Sheriff's officials say the woman told them the intruder had been stalking her. She says the man physically forced his way into her residence.

The man, reported to be 49-years-old, was shot multiple times with a handgun in the upper torso and is reported to be in stable condition. He was air lifted to Legacy Emanuel Hospital.

Authorities say he drove a motorcycle to the address before the shooting.

The woman knows the man by name but denies ever having any type of prior romantic involvement.

No arrests have been made at this stage of the investigation.

2 gunned down in botched robbery

Police: Muggers, victims trade shots

Two men were killed early Monday in a gunfight sparked by an armed robbery attempt near the intersection of Cassandra Lane and 22nd Avenue South, Myrtle Beach police said.

The incident occurred within about 10 blocks of a robbery and shooting that took place in the 1300 block of Kings Highway a day earlier. That incident was not fatal. Police have not said whether the two incidents are related.

Terry Smith, 26, of Hopkins, died about 4 a.m. Monday in the street at Cassandra Lane and 22nd Avenue. Jonathan McCullough, 18, of Greenville, died about 45 minutes later at Grand Strand Regional Medical Center.

A police incident report said that Smith and a friend, Charles Melvin Stocker Jr., 26, of Hopkins, were near Cassandra and 22nd when McCullough and another person approached and tried to rob them at gunpoint.

During the robbery, McCullough shot and killed Smith, police said. Stocker then pulled a gun he had and fired on McCullough, police said.

Horry County Deputy Coroner Tamara Willard said both men were shot multiple times while within a few feet of each other. She said autopsies will be performed today.

Police said charges are pending against two adults and a 15-year-old boy.

Shooting leaves one dead in McCall

A Valley County man is dead, and the man who pulled the trigger says he did it in self-defense.

The 26-year old shooter admitted to police that he killed the man, but he says he did it for his own protection.

Because he has not been charged with a crime--police are not releasing his name.

The deceased is 23-year old James Prescott. Police say he was shot at least twice – once each in the chest and stomach.

He died Monday morning at McCall Memorial Hospital. The victim's two brothers 21-year old Patrick Prescott and 24-year old William Prescott were taken into custody on aggravated battery charges.

McCall police chief Jerry Summers says it happened just after 4:30am Memorial Day at a home on Lakeside Avenue – near Lardo’s Restaurant.

According to police 11 people were at a party in the home when a fight broke out.

Police say a number of metal weapons were used in the fight.

The shooter tells police the Prescott brothers attacked him with the weapons, and that's when he shot James Prescott in self-defense.

"The shooter is a 26-year old adult male whose name is being held at this time,” Chief Jerry Summers with the McCall Police Department said. “No charges have been filed and the circumstances surrounding the shooting are under investigation. the charges on the admitted shooter will be determined after an autopsy was performed."

An autopsy will be performed on the body within the next few days.

Chief Summers says the two Prescott brothers are in custody now and will be arraigned tomorrow.

As for the man who admitted to pulling the trigger - he was released from custody, pending further investigation.

Store Owner Shoots Robber

A South Memphis business owner fights back against armed robbers. Memphis police say Adam Obsiye shot one of three men trying to rob his store Sunday. It happened just before midnight. It was the second attack by robbers on "Lauderdale Market" on South Lauderdale Street in as many days. Police say two armed men held up the store clerk on Saturday afternoon. They took six hundred dollars in cash and packs of cigarettes.

Adam Obsiye South Memphis convenience store and his native Somalia would seem to have little in common. But his friends say they do. Ali Mohammed says, "It's the same over here and over there. Same. People over there killing people. People over here killing people. It's the same thing. Ain't nothing different. Ain't no peace."

Memphis Police say as Obsiye was closing up shop Sunday night, two armed men stormed into his store. A third man waited outside. When they two robbers inside demanded money from Obsiye, the store owner grabbed his pistol and started shooting. He hit one in the thigh as they ran out of his store. Mohammed says Obsiye was frightened by the robbers. He says, "He was scared. He didn't know what to do."

(More)

Suspected burglar shot

An East Austin man got a rude awakening early Monday morning about 5 a.m.

Police were called to an apartment at East 11th Street and Chicon on reports a man had been shot.

The victim was taken to Brackenridge Hospital with non-life threatening injuries.

Police are investigating the incident as a home invasion.

The identities of the victim and suspect have not been released

Shot fired during robbery attempt

Mooresville jewelry store owner fires gun after robber enters with weapon; no one injured

A Mooresville business was reportedly the target of an armed robber Friday night, but the owner fired first.

According to Mooresville Police Department preliminary reports, the owner of Hasting’s Jewelry, 354 S. Indiana St., saw a man walk up to the entrance of his store shortly before 6 p.m.

The man pulled a red hood over his face, took out a handgun and entered the store. The owner, who was not identified, also had a handgun. As the man entered the store, the owner stood up with his weapon.

Officers said the robber told the owner, “Don’t do it, man, I’ll kill you.”

According to police, the owner then discharged his weapon, striking the top of a display case. The bullet ricocheted off a large pair of scissors, then went out a window.

After the shot, the would-be robber fled the business. Police said a witness saw a man leaving the business and getting into a red or maroon Chevrolet Trail Blazer or Suburban.

The vehicle then reportedly headed west on Ind. 42. The witness told officers the license plate had the numbers “2181” on it.

The man was described as white, and between 6-foot-3 and 6-foot-5. His weapon was described as a 1911 .45-caliber stainless steel handgun.

Officers were unsuccessful in finding the bullet that went through the window.

The owner hit a panic button, and officers were at his store within a minute of the call.

Springville's proud posse nabs hapless hoodlums

Two ruffians robbed the Springville Bank on Saturday, May 28, 1898, at about 10 a.m. They fled the scene of the crime in a wagon pulled by one horse and dashed toward Hobble Creek Canyon. Several Springville men followed close behind in a farm wagon, and other men soon joined the chase on horseback.

The impromptu posse caught up with the robbers near the mouth of the canyon. The two bandits abandoned their wagon and hid in a large patch of willows and brush on the south side of the creek. Soon, a large group of men from Springville surrounded the thicket where the crooks hid.

(Long and interesting story)

Burglar chased by teen faces robbery charge

A Hudson teen chased two burglars from his family’s home at gunpoint last year, a prosecutor said.

One of the burglars, Joshua Gagnon, 21, of Nashua, has since been charged in connection with the armed robbery of St. Mary’s Bank in Hudson on April 18.

The other, Ralph Carey, 22, of Nashua, pleaded guilty last year to the Hudson break-in and three other burglaries in Nashua.

Gagnon pleaded guilty to the Hudson burglary and had been scheduled to be sentenced Thursday. However, the case was postponed because he wasn’t transported from the Strafford County jail, where he has been held pending federal bank robbery charges, Assistant Hillsborough County Attorney Patricia LaFrance said.

Gagnon and Carey broke into a house on Derry Street in Hudson shortly before 2 p.m. on Jan. 17, 2005, according to court records.

A 16-year-old boy was home, in the basement at the time, and heard them breaking into the house, LaFrance said. The boy went upstairs, and saw two strangers outside, in the rear of the house, apparently trying to force their way inside, the teen told police.

The boy ran up to his mother’s bedroom, took a handgun from her dresser drawer and hid in the bedroom closet, he told police. The boy could hear the burglars rummaging around downstairs, and in time, they came upstairs.

One of the burglars spotted the empty holster on the bed, and remarked that there must be a gun in the house, LaFrance said. Prosecutors believe that Gagnon and Carey, like most burglars, were drug addicts looking for items they could quickly pawn or trade for drugs, LaFrance said.

When the burglars opened the closet door, however, the teen confronted them with the gun, and told them he would shoot if they didn’t back off. The teen then chased the duo from the house, yelling at them, LaFrance said.

“To be truthful, they’re lucky they didn’t get shot,” she said.

Police later tracked Carey and Gagnon down after one of them made phone calls using a cell phone they stole from the house, LaFrance said. The teen identified their photos, she said.

Store Clerk Shoots, Chases Down Robber

Clerks at a local convenience store shot at and chased down a man they said tried to rob them at gunpoint Thursday evening.

Police said Matthew Felder, 20, tried to rob the New Way Supermarket at about 8:30 p.m. Thursday.

The store manager, who wanted to be identified only as Pasem, said he shot Felder in self-defense, NBC 6's Carlos Vergara reported.

"I was absolutely sure that he was going to shoot me," Pasem said. "He looked at me straight, pointing the gun at me. But I was lucky I had my gun too."

Pasem shot three rounds. One went into a box on a shelf. The second went through the top of a plastic divider, and the third went through the middle of the divider and struck Felder in the chest, Vergara reported.

Felder, having taken a hollow-point bullet from a Glock 27 .40-caliber handgun, left the store and ran a city block, Vergara reported.

Pasem said he and another employee chased Felder through yards and over fences, while the trio exchanged gunfire.

"All I heard was the shots -- boom, boom, boom, boom, boom, boom. 'Hey, what's this?' But then they started getting closer. That's when I saw it's right here at the front of the house," said James Smith, a witness.

Smith was sitting one house behind where Felder ended up partially suspended in the air by a shoelace that got stuck in a fence he tried to jump, Vergara reported.

Felder, who is a convicted felon due to another armed robbery, is expected to make a full recovery. He is charged with two counts of attempted felony murder, among other things.

Pasem sends out a stern warning to other potential robbers.

"If I get a chance, I'm defending myself. That's how it goes. You're not going to have fun with my money," Pasem said.

If convicted, Felder could face 30 years in prison.

Neighbor shoots at alleged home prowlers

For days, residents along a stretch of 15 Mile Road, just east of Harvard in Kent County's Oakfield Township, saw a suspicious van going up and down the road.

"They've been here a couple three days. They've been told to leave the area," says resident Charlie Sieboar.

Neighbors tend to keep an eye out for one another's home in this area. That's why Mark Diamond volunteered to watch his neighbor's house.

"He knew there might be trouble," says his sister, Sandy Smejkal.

That trouble found Diamond around noon on Friday, when two men in the suspicious van approached the house that he was watching.
Charlie Sieboar was at the house across the street when he heard two gunshots fired, and then saw two men running toward him.

"I'm yelling, 'Get the hell out of here, someone else will be shooting at ya.' He said, 'My buddy's been shot,'" Sieboar told 24 Hour News 8.

Late this afternoon, the sheriff's department says the man shot, identified as an 18-year-old from southwest Grand Rapids, remains in critical condition at Spectrum Butterworth Hospital.

The other suspect, a 17-year-old man from Grand Rapids, was not injured. He was arrested at the scene.

It appears neither man in the van was armed.

Sheriff's deputies say it is still unclear exactly what was going on.

What they do know is that a suspicious van, in an area where it didn't belong, pulled up to the back of a house.

While the investigation continues, deputies say it appears Diamond was a citizen protecting private property.

"This would be a little different because it's a neighbor watching the property of. But again, there's a felony in progress," says Lieutenant Roger Parent of the Kent County Sheriff's Department.

But the final call will be up to the prosecutor.

Sandy Smejkal says her brother was only doing what needed to be done.

"I don't think he should be in trouble. He was doing what anyone else would have done."

A quite evening in Dunklin County turned into a wild night over the weekend when Punkin Center resident Ronald Moody was attacked in his home by an unknown assailant.

"Mr. Moody put his left hand to fend him off and he noticed he had blood on his arm, so he began to think (the intruder) has something in his hand and that he was stabbed," said Dunklin County Sheriff Bob Holder, "Moody pulls out the pistol and start firing. He shot about three shots, but it is unknown if he hit the subject or not."

According to the Dunklin County Sheriff's Department, Moody described the man as a white male, 35 to 40-years-old, about 5'10" tall and weighing around 190 pounds. The intruder also was depicted with black hair, a week old beard and tattoos all over both arms, but his whereabouts are currently unknown. Moody was treated and released from the hospital with minor injuries.

"We have checked area hospitals and no one has checked in with bullet wounds or anything, so right now we are still at step one," said Holder.

ST. STEPHEN — A 52-year-old St. Stephen man has died after being shot during a struggle with his wife, authorities said.

Prosecutor Blair Jennings said no criminal charges are expected to be filed in the death of Robert Lawrence Horne.

Shortly before 10 p.m. Tuesday, sheriff's deputies were dispatched to Horne's home, where they found his wife, Valerie Humbert Horne, sitting on the floor, an incident report said. Her husband's body was lying nearby, and a silver-colored revolver was on the kitchen table.

The man had been arguing with his 23-year-old daughter over her relationship and said he wanted to kick her out of the house, Jennings said. The daughter fled the house after the man pointed a gun at her and threatened to kill her, Sheriff's Capt. Rick Ollic said.

Robert Lawrence Horne then threatened to kill his wife and armed himself with three handguns, Ollic said.

During an ensuing struggle, Horne's wife fired the gun.

Defense rests, Fish doesn't take stand in murder trial

The defense rested Tuesday without calling the only surviving witness to a 2004 shooting, who claims he shot and killed another man in self-defense.

Harold A. Fish, 59, is accused of second-degree murder in connection with the May 11, 2004, shooting death of Grant Kuenzli at a trailhead near Pine.

On Tuesday, the defense, led by Phoenix attorney A. Melvin McDonald, rested its case without calling Fish to the stand. McDonald had said in opening statements that the jury would hear Fish testify.

After rebuttal witnesses, the trial, being held in Coconino County Superior Court, must wait until the Arizona Court of Appeals decides whether a new law governing self-defense will apply to Fish.

Whichever way the court rules will likely postpone the trial further.

The newly enacted law places less of a burden on the defendant, forcing the prosecution to prove without a reasonable doubt the defendant was not acting in self-defense. The old law held the defendant responsible for the burden of proof.

The appellate court has promised a ruling by June 8. The trial is scheduled to resume at that point. But David Rozema, chief deputy attorney, Coconino County, said whichever way the appellate court rules, the judgment will likely be appealed to the Arizona Supreme Court.

Caught On Tape: Clerk Grabs Gun From Robber

A clerk disarmed a robber and turned the gun on the two assailants Wednesday night in an Inland Empire convenience store.

The clerk's quick move was captured on the store's surveillance camera.

As one of the men walked around the store, another man pointed a gun at the clerk. The clerk reached over the counter and grabbed the gun.

The two men fled from the store.

No shots were fired. No one was injured, according to police.

Police said they discourage people from attempting to disarm an assailant.

Two teens wounded in attempted Rosenberg car theft

Two teenagers who attempted to steal a Rosenberg man's car at gunpoint were shot and wounded when the victim managed to pull his own pistol and open fire.

The incident happened just a block from the Richmond police station about 1 a.m. this morning, said Richmond police Sgt. Lowell Neinast.

Neinast said McRon Thompson, 23, had just left work and was at a car wash in the 1400 block of Jackson when he noticed three vehicles drive slowly through the parking lot. The vehicles left and then returned a few minutes later.

Thompson became suspicious and got a pistol from his car and loaded it and put it in his pocket.

A few minutes later Thompson saw [sic] was confronted by a masked gunman who demanded that Thompson get into the trunk of Thompson's vehicle.

While one suspect held Thompson at gunpoint, another suspect, later identified as Joshua Payne, 18, of Brookshire, drove Thompson's car to the 500 block of Calhoun. The men ordered Thompson out of the car and at that point he managed to get his pistol from his pocket and open fire on the pair.

Payne was shot in the back and the 15-year-old in the right shoulder.

The gunfire attracted the attention of police just one block away who rushed to the scene on foot and captured both suspects.

Payne was taken by Life Flight to Memorial Hermann Hospital and the 15-year-old to to Ben Taub Hospital where their conditions were not immediately available.

Both suspects face charges of aggravated robbery. No charges are expected against Thompson, Neinast said.

Fatal shooting of bear justified, DNR says

State officials have justified the killing of a black bear and say the man who shot the bear will not be ticketed.

Bill Tippett was teaching his 15-year-old son Steven and 14-year-old nephew Tyler Smith how to hunt wild turkey on private land near Sand Lake on Tuesday when the shooting happened.

The 47-year-old Tippett says the bear was running toward his nephew and he shot the bear once. Then the bear began running toward his son, so he shot it again.

The Kentwood man reported the shooting to the Michigan Department of Natural Resources.

Officials say hunting black bear is illegal in Kent County, but state law allows people to shoot wild animals in self-defense if there is imminent danger.

Gun talk distracts robber

Des Moines police say an attempted robbery sputtered and failed when the robber and the clerk of a convenience store became distracted by a conversation about guns.

Police said a man entered th Kum-N-Go, 3200 S.E. 14th St., early this morning and simply "hung around" for about 20 minutes. Finally he approached the clerk, Sarah Van Doren, 21, and said, "Empty your register."

Van Doren acted confused and said, "Huh?"

The robber repeated himself: "Empty your register and give me all your money. I have a gun."

Van Doren asked to see the gun, saying she wanted to know if it was bigger than the one she had a [sic] home.

Van Doren and the robber then talked about guns for a bit, police said.

Then the suspect left. No money was taken. No one was hurt. No arrests were reported.

Van Doren declined comment.

78-Year-Old Fends Off Teenage Burglary Suspect

14-Year-Old Hospitalized With Gunshot Wounds

A teenager who tried to rob a house is recovering after being shot by an elderly homeowner who decided to fight back.

But it's the life-and-death struggle that unfolded in south suburban Riverdale that stunned police.

The victim is a 78-year-old ex-Marine, who is also a disabled former firefighter.

The robbery suspect is 14-years-old.

Police say the teen surprised the homeowner. He took a pair of pruning shears, hit him in the head and left him for dead.

But, somehow, as the teen ransacked the house, the victim got up, got his gun and shot the suspect four times.

"This 78-year-old man today refused to be a victim. He was fighting for his life and today, he won," said Police Chief Pete Satriano.

The suspect is under arrest but still hospitalized.

That feisty homeowner has been treated and released.

No firearms charges against woman, 87

An 87-year-old woman who fatally shot a would-be intruder will not be charged with a crime, even though she did not legally own the gun, authorities said Monday.

On Feb. 7, Jacksie Mae King fired several shots through the front door of her house after she woke up about 2 a.m. to the sounds of someone trying to break in.

One bullet hit Larry Tillman, 49, who was on the other side of the door, standing on King's enclosed porch.

He lay dead on the porch in the 2100 block of Gaty Avenue for four hours before he was found by King's daughter, who came to bring breakfast about 6 a.m. Meanwhile, King stayed inside clutching the pistol.

"She was justified in using deadly force to defend herself against the threat of deadly force," said Robert B. Haida, the St. Clair County state's attorney.

King's daughter gave her the .32-caliber Colt revolver two months earlier after a man broke into King's house in December. That intruder beat her and stole some of her things. In both incidents, the telephone lines to King's house were cut, and security bars were removed from a side window.

Hollywood teen loads gun, shoots when intruder breaks down door

With a man breaking through the front door, a Hollywood 15-year-old loaded his father's gun, waited for the intruder to come in and shot him, police said.

Keil Jumper, 22, who police said has a long rap sheet, was later found bleeding in an area between two houses. Police said Jumper was seriously injured but his injuries didn't appear life threatening.

The incident happened about 3:30 a.m. Saturday, when Jumper attempted to break down the front door, then picked up a bicycle to smash the window, police said. The sounds terrified a family of eight to 10 people who were asleep in the home, which is on South 61st Avenue in Hollywood, police said.

Police said the teenager is unlikely to be charged in the case. But they said Jumper, who was shot several times, will be -- once he's discharged from Memorial Regional Hospital in Hollywood.

No injuries in second shooting

Suspect still sought in shooting of barber shop victim

No one was injured during an exchange of gunfire Thursday afternoon at an apartment complex on Riviera Street, Murfreesboro Police reported Monday.

Victim Cory Mitchell, 24, of La Vergne reported two men, attempting to kill him, shot at the apartment he visited about 1:30 p.m. off Bradyville Pike, Officer Ron McGee reported. The motive was not disclosed.

One of the men, known as "Lucky," had a scar on the right side of his face from the forehead to the jaw line. No description was given of the second man.

One man fired a black revolver from a distance of about 15 to 20 feet away and a second man fired from a tree line north of the apartment.

"Mitchell stated he returned fire," McGee said.

Seven .45-caliber shell casings were found about 15 feet from the apartment.

Police converged on the area but the suspects fled.

About one hour later, victim Daryl Frame, 19, of Smyrna suffered critical injuries in an exchange of gunfire after a robbery on State Street off Southeast Broad Street. Frame remains hospitalized at Vanderbilt University Medical Center. Police are still searching for the suspect.

Police said the two shootings were not related.

Burglar Captured in Batavia

The following story appeared Jan. 31, 1895, in the Batavia Herald.

Business in the burglary line in Batavia has been lively, for the past few weeks. They have been making "big hauls" and easy escapes. But they some times make mistakes and fall in their own trap.

The leading topic of conversation on the streets Monday morning was the announcement that the Wm. VanNortwick residence had been entered by midnight burglars – shots fired, and the thief captured, while making his escape with a Seal-skin cloak.

Saturday night, Jan. 26th, Mr. Wm. VanNortwick and son John, were absent from home – but the ladies of the house were not, and they proved braver and more successful than many men in similar cases.

By the simple entering of a little Kitten, in Miss Louis VanNortwick's departments, at the midnight hour aroused her suspicions, that all was not right and that some of the back doors must be open. So she arose, made investigation, and called John P. Johnson, the hired man, and it was soon found that there was a burglar in the house and John did valuable service.

Imagine John's surprise on confronting strange man in the house at that hour of the night, with his (John's) clothing on. A little battle ensued – three shots were fired – no blood was shed and John came out ahead. The burglar surrendered.

Fortunately, the thief was not armed, but was partially loaded with whisky.

So while John held him in captivity, Miss VanNortwick went out and gave the alarm. Soon, Marshall Kavanaugh was present.

Upon investigation, it was found that the burglar proposed to keep warm, as he not only wore John's clothing, but had a seal-skin cloak and a bottle of whisky in his pocket. City Marsh Kavanaugh ushered him to the city jail and Monday forenoon he was brought before Esquire Haley and had his hearing. He was placed under $500.00 bonds and unable to give bale, was sent to Geneva to await his trial.

The burglar is a hard-looking specimen of humanity, about 40 years of age. Gives the name of Chas. Howard. He is probably a regular tramp and not a professional burglar, as he is not shrewd nor bright in appearance.

The same evening of the burglary, he went to the home of Mr. E.S. Smith, plead poverty and asked for something to eat and was fed.

He will not tramp for a few weeks at least, or commit any more burglaries – but he has secured a good warm board place.

Convenience store owner shoots robber

Police said a man trying to rob a Falfurrias convenience store is dead and the store owner pulled the trigger.

Authorities tell 6 News, 20-year-old Alfredo Sanchez was shot while trying to rob the Saddle Horn Market Saturday night. Police said the owner of the store shot Sanchez after he pulled a gun on the sales clerk.

The owner told police Sanchez ran from the store. He wasn't even sure if he had actually hit Sanchez. His body was found Sunday morning in an empty field across the street from the store. At this point no charges have been filed.

Man shoots alleged robbers

Suspects called Ontario police to report a drive-by shooting

A man who was attacked by armed robbers outside a home Friday pulled out his own gun and shot both men, sheriff's deputies said.

The victim, who received a cut to his head in the attack, opened fire after the robbers shot at him and missed, said San Bernardino County sheriff's Sgt. Rick Swigart. The victim legally owns the firearm.

But investigators say it wasn't coincidence that the robbers chose this man as their victim.

"It wasn't random," said San Bernardino County sheriff's Sgt. Robert Guillen. "We believe the suspects were aware of the victim's business, and that's why they chose him as a target."

Deputies did not disclose the type of business the victim owns, only saying it is a mobile business that deals in cash.

His name was not released for his protection.

Elderly Woman Shoots Male Intruder

An 81-year-old woman says she shot a man who was breaking into her home Thursday night, and now deputies in Choctaw County are looking for the two suspects. It happened around 6 p.m. just a few miles north of Hugo.

Deputies are not releasing the woman’s name, but say she was home alone when two intruders broke in. She shot one of them, but they both managed to get away.

Authorities do not have much to go one, but they do know both intruders were male, between the ages of 18 and 30. The woman did not suffer any injuries.

Sheriff says killing justifiable

The homeowner involved in the fatal shooting on Lesher Lane in the Bowman area Wednesday will not be arrested, said Tehama County Sheriff Clay Parker Thursday.

"This is a clear case of self-defense, justifiable homicide," Parker said.

Christopher Glenn Scarabello, 22, was shot and killed just after noon at the home of Tracy Allen Norton, the TCSD said Wednesday.

"This is the same location of a home invasion robbery on April 25," said sheriff's Capt. Danny Rabalais.

Scarabello was one of the suspects in the home invasion robbery in April, Rabalais said. Detectives were actively seeking Scarabello and held a warrant for his arrest.

Norton heard noises outside his home about noon Wednesday and observed a man hiding near the residence, Rabalais said. A man, later determined to be Scarabello, chased Norton into the house where gunshots were exchanged between the two men, Rabalais said. Norton then went to a neighbor's home and called 9-1-1.

The TCSD is also seeking information on the whereabouts of 20-year-old Caitlin Diane Churchill, who was an acquaintance of Scarabello, Rabalais said. The department is concerned for her welfare. Anyone with information has been asked to call 529-7900.

Appeals court to decide if new self-defense law affects trial

The state's new self-defense law may be applied to the case of a retired Phoenix schoolteacher now on trial for killing a hiker near Flagstaff in 2004.

An appeals court says the jury can't start deliberating until it rules if the new law applies to Harold Fish's case.

Fish shot a man to death who [sic] he encountered on a trail while out hiking.

Fish says the man's dogs charged him and he fired warning shots. Then he says Grant Kuenzli came after him and he had to shoot in self defense.

Prosecutors charged him with second-degree murder.

The legislature passed a law designed to apply to similar cases last month. It makes prosecutors disprove a self-defense claim, instead of forcing a defendant to prove the action was justified.

The appeals court says it will decide if the new law applies before closing arguments and jury instructions are given.

Shooting victim fires his gun at assailant

A Buffalo man was shot in the right thigh and then fired his own gun at his assailant Wednesday night at West Delavan Avenue and Grant Street.

Marlin Kemp, no age listed, of Harp Place, was approached at about 9:30 p.m. as he left a corner store.

Police said a man wearing a black hooded shirt and black baseball cap approached Kemp and said, "Yo, what's good? What's good?" and then pointed a revolver at him.

Kemp grabbed the assailant's gun, was shot in his thigh and ran south on Grant Street. The gunman fired two more shots at the fleeing Kemp and Kemp, who also was armed, returned fire but did not hit the other man, according to witnesses.

Officers recovered a .22-caliber handgun in a garbage can in the 200 block of Grant Street. No arrest has been made.

Hearing gives details of Hampton home invasion

Robert Outlaw killed one of the men who broke into his home Feb. 21, but will not face charges.

Robert Outlaw didn't know the two men who burst into his house one evening in February, demanding money and waving guns around.

But a short time later, one of the supposed gunmen was dead and Outlaw and a roommate found themselves searching desperately for a hospital to treat Outlaw because he'd been shot in the chest.

Details of the Feb. 21 home invasion were revealed Thursday during a preliminary hearing for a Portsmouth man and Chesapeake woman accused of participating in the crime. Demarcus Wade, 21, and Ineen Robinson are each charged with one count of robbery, attempted robbery, breaking and entering while armed, conspiracy to commit burglary and three firearms charges.

Outlaw and his roommate, Timothy Page, testified they were the only two people home when Wade and 20-year-old Clifton Jordan of Portsmouth broke into the house on West Virginia Avenue near Mallory Street.

Robinson and a third man, Michael Antonio Williams, 23, of Portsmouth waited outside in a vehicle while their friends attempted to rob Outlaw, according to other evidence presented during the hearing.

"Two gentlemen came in and they told me to hit the floor, so I hit the floor," Page said. "They asked me where the money was but I told them I didn't know."

The men then headed to Outlaw's room and asked him the same question, Page said. A shot followed and the men came back, he said, again demanding to know where money was hidden.

Outlaw testified he used another roommate's gun to shoot at the intruders when they came back down the hallway with Page in tow. Outlaw won't face charges in Jordan's death because police ruled the killing was in self-defense. The two men said they fled the house and drove to the old Sentara hospital site on Victoria Boulevard not realizing the hospital was no longer there. They then stopped at a 7-Eleven on Shell Road and called 911.

Hampton General District Judge A.W. "Pat" Patrick refused Robinson's lawyer's request to dismiss the charges against Robinson because evidence showed she was the only one in the group who knew Outlaw and because she told police that she led the Portsmouth men to his house. In addition, Robinson knew the men were planning to rob Outlaw, Senior Assistant Commonwealth's Attorney Karen Rucker told the judge.

Robinson's trial was set for Aug. 16. When Wade retains a lawyer to handle his case in Circuit Court, prosecutors plan to file a motion asking that he be tried on the same day. A preliminary hearing for Antonio Williams is set for June 5.

Jewelry store owner fights back after robbery

Loot could be worth $500,000

They waved a gun in his face, emptied his safe and cleaned out his high-end jewelry cases.

He, in turn, unloaded his shotgun into the getaway van as it drove away.

"I was a nice guy and shot at the tire and hit the van," said Herbert Haar, owner of Interco Coin and Jewelry on Ross Clark Circle, which was robbed around noon Thursday. "But next time, I won’t be so nice."

The white van, which had been stolen from the Flowers Hospital parking lot, was found abandoned a short time later on Stadium Street with its back tire flat.

But the three men involved in the robbery have not been caught and the possibly half million dollars worth of jewelry remains in their possession. They also took off with an undisclosed amount of cash and collector’s coins.

Robbery leads to shooting on State Street

The victim of an apparent armed robbery was shot Thursday afternoon on State Street after exchanging gunfire with his alleged robber, according to Lt. Alvin Baird, a detective with the Murfreesboro Police Department.

The victim was taken to MTMC, his condition unknown, but, said Baird, it “looked serious.”

Witnesses told Baird that the victim, a black male in his 20s, was sitting on a chair outside of Hulley’s Barber Shop when another black male, possibly 17 or 18, walked past him, into the shop, then out again. The younger man then put a gun to the victim’s side and demanded money, Baird said.

The robber took the money out of the victim’s pocket, and as he was leaving the scene, heading east on State Street, the victim drew a gun and shot at him. The robber returned fire, hitting him at least once.

Robbery suspect injured after shoot-out with store employees in Miami

An attempted robbery of a Miami store Thursday ended in a shoot-out as two employees refused to go down without a fight.

Miami police say Matthew Leon Felder, 19, walked into the New Way Supermarket at 2285 NW 22nd Ave., pulled a gun and demanded money from two store employees. Rather than give up the money, Roberto Pagan Jr., 30, and his manager Pasem Xousef Salameh, 34, pulled out two handguns.

Felder attempted to shoot his way out of the store and the employees returned fire. Both men then chased Felder out of the store, through yards, and over fences for nearly a full city block, police say.

During the gun battle, Felder was shot in the chest. He then tried to leap over a fence near 2130 NW 34th St., but got stuck as his shoelace got caught in the fence, leaving him partially suspended in air.

Felder was taken to an area hospital. Police plan to charge him with attempted armed robbery. Pagan and Salameh have not been charged with any crimes.

Grand Jury Declines to Indict in George Temple Shooting

A state grand jury Thursday declined to return any indictments in the deadly shooting of Baton Rouge motorist George Temple. On February 17th, a bystander shot and killed Temple as Temple fought with a Baton Rouge police officer during a traffic stop.

Police say Officer Brian Harrison initially stopped Temple for pulling in to a funeral procession. As the officer attempted to give Temple a ticket, Temple allegedly attacked the officer and began beating him with his fists, investigators said. At that point, the bystander, Perry Stephens, fired several shots at Temple.

Temple was shot multiple times, including a wound to the abdomen, from a single shot fired by the police officer, investigators said. An autopsy later determined one of the shots fired by the bystander, which hit Temple in the head, was the shot that killed him.

The state district court grand jury interviewed 12 civilians and several officers before deciding not to indict anyone in the case.

"What we tried to do is identify every witness of which we knew professed to know anything about this and present them to the grand jury so they could have a full view of every perspective that existed from the standpoint of witness statements," said East Baton Rouge Parish District Attorney Doug Moureau. Moreau's officer did not charge either the officer or the bystander in the case. The East Baton Rouge Parish Sheriff's Department, which was initially called in to investigate the shooting, also determined no charges should be filed.

The United States Justice Department, at the urging of several local black leaders, announced last month it would also investigate the case. State Representative Michael Jackson, D-Baton Rouge, is one of the leaders who called for the federal probe. Rep. Jackson said he was not surprised a state grand jury declined to return indictments in the case.
"I think that's why we asked for an independent investigation," Jackson said. "I wish that I could say that I'm surprised, but I'm not. We're going to rely 100% on the Justice Department and their investigation and wait and see what they have to say," Jackson added.

Baton Rouge Police Chief Jeff LeDuff, speaking to reporters late Thursday, said he credited Stephens with saving his officer's life. "It's time for this city to move forward," LeDuff said.

Man shot, killed in Bowman

Christopher Glenn Scarabello, 22, was shot and killed on Lesher Lane off Evergreen Road, the Tehama County Sheriff's Department said Wednesday.

The sheriff's department received the call about 12:18 p.m. The California Highway Patrol and Tehama County District Attorney's Office responded with the Tehama County Sheriff's Department, said Sheriff's Capt. Danny Rabalais.

"This is the same location of a home invasion robbery on April 25," Rabalais said.

Tracy Allen Norton heard noises outside his home about noon and observed a man hiding near the residence, Rabalais said. The suspect, later determined to be Scarabello, chased Norton into the residence where gunshots were exchanged between the two men, Rabalais said. Norton then went to a neighbor's home and called 9-1-1.

Scarabello was one of the suspects in the home invasion robbery in April, Rabalais said. Detectives were seeking Scarabello and held a warrant for his arrest.

Two other suspects in the home invasion robbery, 24-year-old Johnny Lavender and 20-year-old Jamar Antoine Foster, were previously arrested and are in custody at the Tehama County Jail.

The Department of Justice forensic team was called in, and they are conducting the crime scene evidence investigation, said Undersheriff Dennis Garton earlier Wednesday afternoon.

No arrest has been made at this time in regard to the shooting, Rabalais said, and there are no outstanding suspects, but the investigation is continuing.

Attorneys clash as officer testifies

Argument was heated in Coconino County Superior Court on Tuesday and Wednesday, with words like "ethical pygmy" being bandied about before the prosecution rested its case in the trial of a Valley man accused of shooting a man at a remote county trailhead.

The detective investigating the case said Harold Fish's claim of self-defense when he shot and killed Grant Kuenzli on a remote trailhead May 11, 2004, was consistent with evidence found at the scene.

The prosecution, which has charged Fish with second-degree murder, is at odds with the detective's opinion and does not want the jury to hear it. The prosecution opted instead to portray to the jury that the detective, who voluntarily resigned from the case, "did a lousy job."

The defense countered by portraying the detective as thorough and accurate. And after being ordered by a judge not to present the detective's opinion of self-defense to the jury, the defense did so anyway Tuesday afternoon.

The ensuing objection by the prosecution and heated argument that following led the judge hearing the case to admonish both attorneys.

In the end, the information the jury received that the detective believed Fish acted in self defense was stricken from the record and they cannot consider that information at the time they begin to deliberate.

One suspect hit, two sought in store shoot-out

With any luck, the two men who were thwarted when trying to rob a Southfield convenience store might be easy to find.

They might have been wounded, according to Detective John Harris, spokesman for the Southfield police. "And all hospitals and doctors are required to notify authorities when they treat a gunshot wound," he said.

On the other hand, the two men may have been lucky and escaped without any bullet wounds -- even though a dozen or more shots were exchanged just before 1 a.m. Sunday, when they tried to rob the Franklin Liquor and Deli in the 28500 block of Franklin.

"Everybody was pretty excited," said Harris, "so maybe their marksmanship wasn't that good."

The marksmanship of the owner, 29, and his 23-year-old clerk from West Bloomfield, was, however, good enough that a third would-be robber was hit three times, including once in the buttocks.

He was identified as Jason Scott Klemas, 24, of Romulus who stood mute when arraigned Monday at a hospital bed in Providence Hospital. A plea of not guilty was entered on his behalf by Magistrate Eugene Friedman who set bond at $50,000.

Klemas is charged with armed robbery and being a felon in possession of a firearm and possessing a firearm in the commission of a felony. He is scheduled for a pre-examination conference at 8:30 a.m. Friday before 46th District Court Judge Stephen Cooper.

The gunfire erupted, Harris said, after the three suspects walked into the convenience store and ordered everybody on the floor.

The owner and clerk were apprehensive, said the detective, and in fear for their lives. "I believe they thought they would be executed, so they each grabbed guns (both registered) and opened fire," he said.

Neither the owner nor the clerk were available at the store Thursday. "They're still pretty shaken up," another clerk said, "and I don't think they'll be back for a while."

Klemas is the only person known to have been injured, Harris said.

McDowell shooting kills one

One man is dead and another critically wounded after an alleged break-in and altercation at a Ritter Hollow residence in McDowell County.

The incident occurred around 10:22 p.m. Tuesday night.

The 911 report “is that two men broke into the house and started fighting with the homeowner, and the homeowner had shot and had killed one man and the other had been shot and left the scene,” McDowell County Sheriff’s Department Chief Deputy Mark Shelton said.

Thornton Toby Jones, 43, the homeowner of the house shot the alleged intruders with a 9 mm handgun, Shelton said.

Randall Osborne, no date of birth available, died on the scene, Shelton said.

Jaime McCoy, no date birth available, also of Coon Branch, fled the scene to seek medical treatment, Shelton said.

McCoy was taken to Welch Memorial Hospital and later transported to Charleston Area Medical Center, where he is listed in stable but critical condition, Shelton said.

During the incident, Shelton said shots were actually fired in the living room, “but it is still undetermined where either one was shot at — whether it was outside or inside.”

“There’s so much involved, and it undermined at this time. We’re still interviewing people. It’s still under investigation,” Shelton said. No charges have been filed at this time, he said.

Coon Branch is about five miles from Ritter Hollow. Ritter Hollow is located near Iaeger.

Charges dropped against son in slaying

The physically abusive history between Howard and Teresa Ayers was a factor in their son Shawn Ayers’ fate and led South Carolina prosecutors to drop the murder charge against the Springfield teen Wednesday.

The charge was filed against Shawn Ayers after he fatally stabbed and shot his father, retired Lt. Howard Wayne Ayers, on Aug. 9 on a family vacation to Myrtle Beach State Park.

“This is a classic case of not only a battered spouse, but the defense of another, and in this case, a tragic defense by a child of his mother,” Shawn Ayers’ Attorney Morgan Martin said. “It’s time that these charges and this shadow be removed from him. It’s been difficult for him, but he’s a fine young man, and a young man anyone would be proud to call their son.”

No other charges are expected in the case, Horry County, South Carolina, Solicitor Alicia Richardson said.

Pendleton store owner pulls gun on robber

A Pendleton storekeeper demonstrated today that robbing stores might not be a wise occupation in the Eastern Oregon rodeo town where he lives.

When a man entered the Double J Drive-Through convenience store about 9 a.m. and demanded money, owner James Dean Zellers, 60, pulled a revolver and held him for police.

Arrested was Raleigh Ray Reynolds, 25, of Pendleton, said police Lt. Mark Swanson.

The robber didn’t have a gun and no shots were fired. “I think by his actions and body language he was deeply surprised that the store owner had a weapon and pulled it on him,” Swanson said.

Family confrontation ends in man's shooting

A Bothell man was reportedly shot in the stomach in Marysville early Monday morning after a confrontation with his girlfriend's family.

The victim, 20, was reportedly shot with a handgun, Marysville police Cmdr. Robb Lamoureux said.

No arrests have been made.

"We do know who the person is who fired the gun, but some issues have been raised concerning self-defense," Lamoureux said.

The injured man was out of surgery Monday but his condition was unknown, Lamoureux said.

Police and aid crews responded to the incident, reported at 12:02 a.m. at a fourplex of apartments in the 1200 block of Woodgate Avenue in Marysville.

Before the shooting, a confrontation had occurred between the man and his girlfriend, Lamoureux said.

"When the boyfriend brought the girlfriend home to where the father and uncle lived, they confronted the boyfriend," he said.

After the man was shot, he was rushed by helicopter to Harborview Medical Center in Seattle and his condition was critical going into surgery, Lamoureux said.

His current condition was not available due to medical privacy laws, he said.

Lamoureux said that witnesses and the girlfriend's uncle were taken to the police department for questioning.

Robbery suspect killed

Gunfire between security guards and a robbery suspect last night inside the Village Pantry at 71st and Georgetown Road.

The robbery suspect, a 53 year-old Indianapolis man, died from the gunshots. Investigators say the suspect entered the store, showed a gun and told the clerk and another man in plain clothes to get behind the counter. When the suspect realized the man in plain clothes was a security officer, he fired two shots at him.

A second security guard then opened fire. The two security officers are both OK. They are privately hired by Trinity Security.

Witnesses say they saw another person involved, possibly driving a getaway car. A black '79 to '82 Cutlass or Grand Prix with primer on the door sped south on Georgetown after the shooting. If you have any information, you are urged to call Crimestoppers. Police say there is a surveillance system inside the store, video of the shooting is not available yet.

New self-defense law won't apply in Fish trial

A county judge has ruled a new law that makes it easier for people to claim self defense will not be applied in the case of Harold Fish, accused of shooting Grant Kuenzli at a trailhead in Pine on May 11, 2004.

In response, the defense has requested Fish's trial be put on hold until the matter can be appealed to a higher court. The judge denied that request.

Coconino County Superior Court Judge Mark Moran ruled Tuesday that the new law, which changes the burden of proof from the defense to the prosecution, does not apply in Fish's case, currently in trial.

The defense argued the law applies to the Fish case because the change is a procedural one, which state law allows to be applied to cases filed before the law went into effect.

The prosecution argued that the law does not apply because the change is a substantive one, and therefore, because Fish was charged under the old law, the old law still applies.

A substantive change is defined as, "That portion of the law which creates, defines and regulates rights," according to court documents.

"The court finds that the statutory change is substantive in nature," Moran wrote in his ruling, citing case law. Moran added that the new law also does not contain a special provision making the law apply to cases filed before the law went into effect.

Fish, 59, is accused of second-degree murder in connection with the shooting death of Kuenzli. Fish has pleaded not guilty to the charge, claiming he shot Kuenzli in self-defense.

Fish maintains that two dogs in Kuenzli's care rushed at him as he exited the trail. To protect himself, Fish said he pulled a 10 mm handgun and fired a warning shot to keep the dogs away. He also maintains that Kuenzli then rushed at him threatening harm or death.

After several warnings for Kuenzli to stop, Fish shot Kuenzli three times in the chest at close range. Fish was not harmed, and Kuenzli did not have a weapon in his hands at the time he was killed.

County prosecutors filed murder charges against Fish, claiming that Fish went beyond the circumstances of the moment and needlessly killed an unarmed man when other options were available.

During the course of Fish's trial, the Arizona Legislature passed a new law regarding self defense.

Gov. Janet Napolitano signed the legislation in late April. The new law, in part, now requires prosecutors to prove, beyond a reasonable doubt, that a person did not kill another person in self-defense.

Before, defendants had the burden to prove it was more likely than not that they acted in self-defense.

Home invasion suspect recovering after being shot four times

A 20-year-old man was shot four times Monday while forcing his way into an apartment in southwest Fort Worth, police said. On Tuesday, he was recovering but facing assault charges.

Jonathan Kirby, 20, was being treated at Harris Methodist Fort Worth Hospital for gunshot wounds to his right foot, right thigh, right arm and the right side of his back, police said.

Meanwhile, Kirby also faced charges of aggravated assault with a deadly weapon for the incident, which happened at about 12:30 p.m. Monday at the Coffee Creek Apartments, 6365 Hulen Bend Court, police said.

According to a police report, Eric Johnson, 24, answered a knock at the door of his apartment and was confronted by two men.

A man later identified as Kirby pushed the door open and entered the apartment, the report said.

``That suspect pointed a revolver at the complainant and said `you know what this is,' '' according to the report.

It was unclear Tuesday whether Johnson already knew the suspects, said Lt. Gene Jones, police spokesman.

Johnson grabbed the revolver and began wrestling with Kirby; he then pulled a revolver from his own waistband and fired four rounds into Kirby's body, the report said.

The other suspect went to a bedroom in the apartment and shut the door. Johnson later told police he heard glass breaking; he entered the room and then saw the man jump from an adjoining balcony.

Johnson called police, who arrived and took Kirby into custody, but the other suspect got away, the report said.

A MedStar ambulance took Kirby to the hospital, where he was in stable but critical condition, according to the report. Hospital spokeswomen, however, said they had no information about him.

The incident was still under investigation Tuesday, but police said Johnson would not be charged for shooting Kirby.

Made-for-TV murder

The bartender said Johnny Christopher didn't care if he lived or died. Police accounts of Christopher's death Nov. 9, 1957, suggests the bartender was right. Christopher, a 43-year-old construction worker, died in an Anchorage shootout with Ernest Henry. The barman had seen the two arguing the day before.

The Daily News account of Christopher's death is surprising. It's old-fashioned tabloid journalism under the headline, "Blameless in Slaying Case Panel Finds."

According to the News, Henry was in bed at 11:30 p.m., "watching dancer Carmen Miranda shake and wiggle" on television. Suddenly, Johnny Christopher burst through the door, whipped out his pistol, called Henry a profane name and began firing.

"I grabbed my gun and shot back," Henry said.

Both men fired multiple times. Christopher never hit Henry; Henry hit Christopher in several places, most importantly the head.

"Henry," according to the newspaper, "then told of reloading his own gun and replacing it near his bed, as he returned once again to the fascinating and wondrous wiggles of the lady known as Carmen Miranda."

He was still watching Carmen when a neighbor, responding to the gunshots, arrived at his door. Undisturbed by a dead body and the neighbor's questions, Henry remained abed, fixated on "his favorite hot tamale." When police arrived, Henry was forced to "sacrifice" the end of Carmen Miranda's show to explain the gun battle.

Henry said he shot Christopher in self-defense. So did a coroner's jury on Nov. 20, 1957. The jury never established why Christopher was angry at Henry.

Man shot as robbers try to loot poker game

A Hickory man was in stable condition Monday after an early-morning poker game over the weekend ended with an exchange of gunfire, police said. Carl Edward Merritt, 66, told police the shooting happened while he was playing cards with several other men around 3 a.m. Saturday in a storage shed behind a house in the 600 block of Ninth Avenue Drive S.E. Three or four masked men, at least one of them armed, burst into the shed and attempted to rob them, police Lt. Thurman Whisnant said.

Merritt pulled out his own handgun and fired but was shot twice in the abdomen, police said. The robbers ran, and Merritt went to a nearby emergency medical services building. From there, he was taken to Frye Regional Medical Center and underwent surgery, Whisnant said.

No one had been arrested by Monday afternoon, and police were still trying to sort out conflicting details of the shooting -- such as the exact number of poker players and robbers, Whisnant said.

People 'going crazy' over attacks

Manatee woman shoots gator as fatal assaults leave state shook up

An unprecedented surge in fatal alligator attacks has created a stir among Floridians, including a local woman who used a handgun to fend off a gator.

When a 3-foot alligator came onto Candy Frey's lanai Saturday and attacked her golden retriever, the East Manatee woman grabbed her pistol.

Frey and her daughter managed to push the alligator through a dog-door on their lanai, then Frey shot the reptile four times.

"I was running on so much adrenaline," recalled Frey, 48, a former U.S. Marine aviation technician who has lived in the Panther Ridge subdivision for four years. "I just freaked out and shot him -- boom, boom, boom, boom."

Frey said she was thinking about recent gator attacks when she got her gun.

"People are shook up," said Todd Hardwick, a trapper who captured a 9-foot, 4-inch alligator Monday in a residential lake north of Miami. "It's like the citizens of Florida have declared war on alligators. People are really going crazy."

No charges filed in shooting of teen during car burlgary

Texas law says it's OK to protect your property using force.

But what's the definition of “force” and how far can you go?

Police say Michael Ray McKay, 52, shot a 15-year-old boy early Thursday morning.

McKay says the teen and some friends were breaking into his car.

State law allows the use of force to protect your property, but defense attorney, Paul Herrmann says the question is, “Was aggravated assault with a deadly weapon the proper force in this case, or was it too extreme?”

“That's the problem, sometimes you think you are justified in using deadly force, but you have to ask yourself. Other people have to believe that you are,” explains Hermann

At this time no charges have been filed against either McKay or the 15-year-old.

The teen was shot in the back and is being treated at a local hospital.

Resident And Burglary Suspects Engage In Shootout

A shootout erupted between a resident and a suspected burglar early Saturday morning.

Palm Springs Police officers were dispatched at 1:42 a.m. to the 700 block of San Lorenzo Road on a shots fired call.

A resident interrupted a car burglary in progress. One of the alleged thieves pulled out a gun and fired at the resident. The resident pulled out a gun of his own, fired back at the suspects, who drove away in a black car.

Several bullet holes were found in two vehicles near the scene. One bullet narrowly missed a man sleeping in his apartment.

"We don't recommend that any citizen take the law into their own hands, especially in the middle of the street," said Sgt. John Booth.

The suspects were described to be three or four men in a late 1980's Toyota Camry or Lexus.

Suspect Shot During Alleged Home Robbery

Police say two suspects got an unexpected surprise when they apparently tried to rob a home in northern Kent County in broad daylight. An armed house-sitter was waiting inside.

It's the type of quiet, rural street in Oakfield Township where neighbors know each other and look out for each other.

"It looked like no one was there, but my brother was there to surprise him," said Sandy Smejkl.

Her brother, 34-year-old Mark Diamond is the person police say fired the shots. Police say he was house-sitting for a friend, watching T.V. Friday afternoon, when two men pulled up behind the house in a mini-van and tried to break in.

Diamond told police he grabbed the homeowner's handgun and shot one of the alleged suspects before they took off.

"Two guys came running out of the driveway and ran into her's, I went to the door and the guy said my buddy's been shot, I called 9-1-1," said a neighbor across the street.

Neighbors say, the house-sitter then ran outside after the two suspects, with the gun still in hand. "He was saying, we told you yesterday to stay the hell out of here," said one witness.

Neighbors told Fox 17 News at Ten, they've seen the two suspicious teenagers, and the van towed away as evidence in the neighborhood over the past week. Neighbors have been on alert, watching each other's homes.

"We saw them walking down the road and they were walking down the road, pulled into a two-track down there and got stuck," said neighbor Tom Johnson.

Police said they don't believe the two suspects were armed, but have no reason to believe the house-sitter did anything wrong at this point.

"It appears that way, we have no indication that this house was targeted for any other reason," said Lt. Roger Parent, with the Kent County Sheriff Department.

But the final decision, will be up to the Prosecutor to decide. "He's never shot anyone, he's just not that type of person and I hope he doesn't get in trouble for it," said Smejkl.

Police aren't releasing the names of the two suspects, but we do know the shooting victim is 18-years-old and is currently in critical but stable condition at Spectrum Butterworth. The other alleged suspect is 17-years-old and is in custody.

Ronald Vesci, 18, of Homewood, was fatally wounded and a 2-year-old girl was grazed by a bullet at 1:15 p.m. during a drive-by shooting outside a house in the 7300 block of Monticello Street in Homewood, said Major Crimes Cmdr. Tom Stangrecki. Someone outside the house returned fire.

Vesci was drying a car parked outside the home and the girl was playing in the front yard with other family members when a sport utility vehicle pulled up, and the driver and passenger opened fire, Stangrecki said. The man who returned fire is licensed to carry a gun, Stangrecki said.

HOUSTON -- Shots were exchanged in the parking lot of a southwest Houston strip club Thursday during a robbery attempt, police told KPRC Local 2.

Officials said a man was leaving the Scores Cabaret in the 9800 block of Westpark at South Gessner at about 3 a.m. when a gunman approached.

At the same time, some patrons were exiting the club and tried to help.

The robber opened fire and everyone ran back inside the club, investigators said.

One person in the club then ran back outside and fired at the robber, according to witnesses.

A few windows were broken, but no one was injured.

The robber escaped.

(CBS 13) SACRAMENTO A Sacramento homeowner shot a woman who was allegedly trying to break into his house, say Sacramento Police.

Police say that at 4:30 p.m. Thursday, a man was sitting in his home on the 8400 block of La Riviera Drive in Sacramento when he says he heard people trying to get in. The man got his gun and shot one of the suspects;l the other ran away, say police.

When paramedics arrived they found the wounded woman sitting in a green Mazda MX-3 near the house, say police. They took the woman to the hospital where she is being treated for her injury which, police say, is not non-life threatening.

A man accidentally slashed his own face with a knife while confronting a burglary suspect Saturday, then shot the intruder as he ran away, police said.

"When officers arrived, they found the suspect laying in the eastbound lane" of Ohio Avenue, police Lt. Alec Griffin said today. "Both the suspect and the victim were seriously injured."

The trouble started about 5:20 p.m., when police say 18-year-old Brandon Winn pried the screen off a bathroom window on the 4400 block of Ohio Avenue and climbed inside.

There, Winn encountered a resident, 33-year-old Ron Gardner.

"As soon as he gets into the house, the victim sees him and bum-rushes him," detective Sgt. Mitch Peixoto said. "At some point during the struggle, a gun pops out and falls into the bathtub."

Neither man claims ownership of the handgun, Peixoto said.

The fight migrated to the kitchen, where police say Gardner selected a large knife, brandished it dramatically and, during the fight, opened a large gash on the right side of his face.

Winn saw an opening and jumped through the kitchen window and began running up the street.

While Winn ran, Gardner picked up the handgun in the bathroom, ran out the front door and fired two rounds after Winn. One struck a van, the other passed through Winn's left thigh.

Several neighbors called police regarding the shooting. Both men were flown to local hospitals, where police say they remained Monday.

Detectives plan to consult the Contra Costa District Attorney's Office before deciding whom to arrest on suspicion of which charges.

An Atlanta store owner who was approached by an armed man Sunday afternoon fired on the suspect during a gunbattle in the parking lot of his business, police officials told 11Alive News.

The 25-year-old suspect suffered some gunshot wounds and was taken to Grady Memorial Hospital in critical condition. His name has not been released.

Authorities said the suspect jumped out of his car about 4 p.m. and ran up on the owner of the Goody's Fashions store on Donald Lee Hollowell Parkway, just inside I-285 in Northwest Atlanta. The two got into some kind of gunbattle in the parking lot but only the suspect ended up wounded.

No charges have been filed against the business owner.

McALESTER - A man remained hospitalized Saturday after he was assaulted, bound, gagged, abducted and shot in the back Friday, authorities said.

James Brian Powell, 19, was shot in the back after escaping his bonds and the trunk of a car that was traveling on State Highway 31, Pittsburg County Undersheriff Richard Sexton said.

Powell staggered to a nearby home and sought help. The vehicle continued north on the road then crashed into a ditch, Sexton said.

Four occupants fled the area but returned later. A resident held the four at gunpoint until deputies arrived.

Joe Vernon Baker, 18, was arrested on complaints of shooting with an intent to kill, kidnapping and assault and battery. Baker is being held without bail in the Pittsburg County jail.

Charles Lee Bedford, 20, was taken into custody on assault and battery and kidnapping complaints, and a kidnapping complaint was lodged against Rowdy Adam Peterson, 20. Both are being detained in lieu of $200,000 bail, officials said.

A 19-year-old man was shot in the chest yesterday when he allegedly broke into an apartment and got into a dispute with the resident about money, Carnegie police said.

"His injury does not appear life-threatening," said Chief Jeffrey Harbin. The bullet "hit a rib and apparently came out." The man, whose name was not released, was taken to Allegheny General Hospital.

Around noon yesterday, a man living in the 900 block of Charles Street called Carnegie police to tell them that someone had broken into his apartment and they fought about money. He fired a shot, but didn't know if he'd hit the intruder. When police arrived at the residence, they found a .22-caliber rifle, but no gunshot victim.

Then, officers learned that someone who'd been shot had just been found in front of the fire station in nearby Scott.

"They put two and two together and got that was probably their victim," Chief Harbin said.

YOUNGSTOWN — The man police said was shot in the arm by a retired deputy who came upon a holdup at the Circle K convenience store was arraigned Monday.

...

Police said the 62-year-old retired deputy saw a robber holding a pistol on a store clerk as he approached the Mahoning Avenue business around 2 a.m. Sunday. The retired deputy went back to his vehicle for his gun and confronted the robber in the parking lot.

As the robber ran with money from the store, he fired one shot at the retired deputy, who returned fire, hitting the suspect in the right arm, reports show.

Prosecutors determine shooting was self-defense

Lake County Prosecutors have determined that a St. John man was defending himself when he shot and killed a 25-year-old Lowell man and injured the man's 24-year-old brother.

No charges were filed against John Sabaitis, who shot Petar Radjen in the chest and Dragan Radjen in the hand during a fight outside a St. John bar early Tuesday.

Evidence from a nearby surveillance camera that captured the incident shows Sabaitis was acting in self-defense, said Diane Poulton, a spokeswoman for the county prosecutor's office.

Newspaper carrier shoots, wounds youth trying to rob him

A Virginian-Pilot carrier who was delivering newspapers early today shot and wounded one of two youths who tried to rob him, police said.

Police planned to charge the youths, who were in custody. Their ages and identities were not released. The injured youth was hospitalized under guard, according to Cpl. Ollan Burruss, police spokesman. His wounds were not considered life-threatening.

Police said the shooting happened around 2:52 a.m. in the vicinity of the 3500 block of Chesapeake Blvd. The carrier, who is an independent contractor and not an employee of the newspaper, had just started his route when he encountered the two youths.

The carrier is not facing charges, Burruss said.

“They were trying to rob him and he defended himself,” he said.

TACOMA: Man attacks city councilman in parking lot, threatens to kill him

Tacoma police were looking Wednesday for the driver of a late-model black Jaguar who attacked Tacoma City Councilman Rick Talbert in the parking lot of a downtown dry cleaner.

Talbert, 40, said he was hit in the face and back and pushed into his pickup during the altercation shortly before noon Tuesday.

The attacker threatened to kill Talbert and was reaching behind his back as if for a gun when an armed clerk came out of the cleaners and ordered the man to back off, Talbert said.

Talbert said he had no idea who the man was or what prompted the assault. He doesn’t believe the attacker knew him or knew that he was a city councilman.

“It’s the most bizarre thing that’s happened in my life,” he said.

The trouble started a few blocks away as Talbert was driving to the cleaners. The man began honking at Talbert and followed him to the business, Talbert said.

Several people witnessed the attack and Talbert took down the license plate from the man’s vehicle.

“We feel fairly confident that an arrest is imminent,” Tacoma police spokeswoman Tracy Conaway said Wednesday.

Talbert said his jaw was sore Wednesday morning but that he wasn’t seriously injured.

No charges against man who shot brothers in bar fight

ST. JOHN: Stories vary on how fight, shooting erupted

No charges have been filed against a St. John man who shot and killed a 25-year-old Lowell man and wounded his 24-year-old brother during a bar fight early Tuesday.

John Sabaitis, 21, of St. John was expected to be released from Lake County jail early this morning, after being held in connection with the shooting, said Daniel Vincent, Sabaitis' business partner.

"No charges are being filed," St. John Police Chief Fred Frego said Wednesday afternoon.

Frego would not comment on why charges were not filed. He said it was a decision made by the Lake County Prosecutor's office. The Times calls to the prosecutor's office were not returned Wednesday afternoon.

Sabaitis shot Petar Radjen in the chest, killing him. Dragan Radjen was injured after being shot in the hand during a melee outside Spiro's on 41, 9163 Wicker Ave.

The Radjen's paint Sabaitis as the aggressor, while Sabaitis says the Radjens lay in wait and jumped him outside a St. John tavern.

Police received a call of shots fired and a man down about 1:40 a.m. Tuesday, Frego said.

Frego said the men got into a verbal altercation. They left the bar, and the altercation turned physical, ending in a shooting.

This was St. John's first homicide in two years.

Houston woman fatally shoots intruder

A northeast Houston woman fatally shot an intruder early this morning after the man broke into her house, police said.

She shot the man about 3:30 a.m. after he forced his way into the home in the 6000 of Bender near Kurt, police said.

The woman left the house with her child but later returned after officers arrived at the scene. The man she shot was found lying in the kitchen. His identity has not been confirmed, police said.

Another suspect drove away but apparently crashed his car and was forced to flee on foot. The incident remains under investigation, police said.

Jury deems killing justified

For the second time in six months, a Hinds County grand jury has declined to indict a person who killed another while defending his home or business.

In the latest case, the grand jury said Fred James Perry, 55, owner of Livingston Towing & Recovery at 3228 Medgar Evers Blvd. in Jackson, should not be prosecuted for fatally