10/9/09
Tuscon, Arizona
From the Arizona Star of October 6, 2009
Would-be robber shot by victim
A man suffered life-threatening wounds when he attempted to rob another man at a midtown car wash and was shot by the victim, Tucson police said.
The incident occurred at a self-service car wash on East 22nd Street near South Beverly Avenue just before 4:30 p.m. Tuesday.
Police said a 50-year-old man was at the car wash washing his vehicle when he was approached by an 18-year-old man.
The younger man pulled out a gun and attempted to rob the older man, police said.
The older man pulled out his own gun and shot the 18 year old.
The younger man ran away and got into a car that was being driven by another person. A short time later, the 18-year-old man showed up at a hospital with life-threatening wounds, police said.
The 50-year-old man was not injured.
He’s being questioned by police as is the driver of the car who took the wounded man to the hospital.
Labels: AZ, street robbery
9/3/09
Chandler, Arizona
From the Arizona Republic of September 2, 2009
Armed homeowner holds youth suspected of burglary try
A Chandler homeowner, armed with a gun, took one of two juveniles into custody after they broke into his home.
The homeowner's 13-year-old son was the only person at the house, in the 800 block of West Elgin Street, when two juveniles knocked on his front door on Monday.
The boy did not open the front door. The juveniles forced their way through the back door, police said. The boy ran to a neighbor's home, and his neighbors called police.
The boy's father got home before authorities arrived, grabbed his gun and took one of the juveniles into custody.
Police apprehended the second juvenile when he jumped from the second story and attempted to flee from the home.
Both juveniles, who are Chandler residents, were arrested on suspicion of attempted burglary, police said.
Their names and pictures are being withheld by police.
Labels: AZ, civilian arrest, minor offender, residence burglary
9/2/09
Phoenix, Arizona
From the Arizona Family of September 1, 2009
Police arrest 2nd suspect in Phoenix pawn shop robbery
Police said Tuesday that they have arrested the second suspect involved in an armed robbery at a Phoenix pawn shop over the weekend.
Det. James Holmes said detectives caught up with that suspect early Monday morning. The 17-year-old Hispanic male has been booked into the Juvenile Detenetion Center, but investigators are not releasing his name.
Detectives say that teen suspect and another man, now identified as George Luis Villa Nueva, tried to rob the Central Pawn Shop near 41st Avenue and Indian School Road Sunday morning.
One of the suspects, police have not said which, held a gun on a 15-year-old employee.
Sgt. Andy Hill said that's when the store's manager pulled a gun of his own and fire several shots, hittine Villa Nueva, 21, in the head. He later died.
The teen suspect flad the scene in a vehicle belonging to a store customer.
Police say the investigation is ongoing.
Labels: AZ, business robbery
8/14/09
Chandler, Arizona
From ABC15 of August 14, 2009
Robbery fails when cab driver grabs gun, bites suspect
A cab driver fought back against a man, who tried to rob him at gunpoint on Friday morning, by biting his ear and taking his gun.
Detective David Ramer with the Chandler Police Department said a cab driver pulled into an apartment complex near Dobson and Ocotillo roads around 1 a.m. to drop off his passenger.
As the cab came to a stop, the passenger allegedly pulled a gun on the driver and demanded cash.
Ramer said the cab driver grabbed the suspect's gun and pulled it down between the front seats, forcing the suspect to lean over the seats closer to the cab driver.
With his hands holding the gun down between the seats, the cab driver reportedly bit the suspect's ear.
"I almost bit his ear off," said the cab driver, Mwengi Gachii. "I'm okay because I am always suspicious of people like that.”
The suspect then fired one shot, striking the driver seat of the vehicle and then responded in turn by biting Gachii, according to the police report.
At one point, Gachii says the suspect bit him in the chest. "He was really drunk," Gachii said.
After a struggle, the suspect fled from the cab. Gachii ran after the suspect while carrying his gun.
After a brief chase, Gachii stopped and called police.
Police were able to catch the alleged robber in the complex.
The suspect, identified as 29-year-old Matthew Mailhot of Chandler, was taken to a local hospital to be treated for his injuries.
Mailhot was booked into the Maricopa County Jail for armed robbery.
Labels: AZ, criminal's gun taken away and used against him
6/18/09
Phoenix, Arizona
From KPHO of June 18, 2009
Homeowner With Shotgun Kills Intruder
A Mesa homeowner used a shotgun to defend himself during a home invasion late Wednesday night, authorities said.
According to Mesa Police Department spokesman Sgt. Ed Wessing, two men armed with guns and demanding money forced their way into the home near Stapley Road and Southern Avenue.
The intruders rounded up the four men who live there and forced them into a room, Wessing said.
"At some point during this crime, one of the residents was able to grab a shotgun," Wessing said. "(He) shot and killed one of them, and then fired at the second suspect (who) was injured but then fled the area."
Police said the second intruder ended up at a nearby hospital, where he is expected to survive.
The four men were not injured.
Neighbor Ron Hahn has surveillance cameras set up around his home for security, and he shared copies of the video with police.
The video appeared to be too dark to determine what was going on inside the home; however, Hahn said his cameras did catch someone two months ago.
A person jumped the fence into his back yard and dismantled the security light.
"He sat in the corner of my yard for about, I would say, five minutes or so, watching the house behind me (where the homicide occurred) with a two-way radio," Hahn said.
Police also have the surveillance video from the second incident; however, they said it's too early to tell if it's related to the home invasion.
Labels: AZ, home invasion
6/10/09
Phoenix, Arizona
From the Arizona Repulic of June 6, 2009
Phoenix liquor store clerk shoots would-be robber
A Phoenix liquor store clerk shot a would-be robber Saturday afternoon, after the robber pulled a knife on the clerk, police said.
Phoenix police gave this account:
About 12:30 p.m. two men went to a liquor store, near 23rd and Northern avenues after having been there two hours before.
During the second trip to the store, one of the men stayed outside. The other asked the clerk for a piece of paper.
As the clerk was waiting on other customers, the 29-year-old suspect wrote something on the paper. After the other customers left, the suspect handed a robbery note to the clerk. The clerk acted as though he couldn't read.
That's when the suspect came towards the clerk and opened a gate, which separates the clerk from the customers, and pulled out a knife. Seeing this, the clerk grabbed a gun and shot the suspect.
The suspect ran out of the store and across the street to a friend's apartment. He knocked on the door and collapsed. The friend called 911.
Police arrived and the suspect was taken to a local hospital where he remains in critical condition.
Labels: AZ, business robbery
4/24/09
Tucson, Arizona
From the April 24, 2009 Arizona Daily Star:
A woman who tried to carjack a man at gunpoint outside a North Side Walgreens early Thursday was shot and wounded by the man, police said.The man called police around 12:30 a.m. to report he had just shot one of two women who tried to take his car as he waited in the pharmacy drive-through near East Grant and North Swan roads, said Sgt. Fabian Pacheco, a Tucson Police Department spokesman.Pacheco gave this account:The 26-year-old man, whose name was not released, had just left Tucson Medical Center and went to fill a prescription.When he drove back to the drugstore to check on his prescription, two women came up to his car. One was armed with a gun.The woman tried to shoot the man, but he pulled his own gun while she was trying to pull the trigger. Her gun didn't fire for an unknown reason.The man fired his gun twice. One shot grazed her head, and the other struck her in the shoulder.The woman fell to the ground, and the man took her gun away.
Labels: AZ, concealed carry permit, street robbery
2/12/09
Tucson, Arizona
From February 10, 2009 KVOA channel 4:
A homeowner, alerted of an impending home invasion by his security cameras, arms himself and takes matters into his hands last Thursday when four armed suspects attempt to break into his home.The video, which includes the homeowner's video surveillance camera capture of the action, indicates that one of the invaders was shot in the arm and taken into custody.
The video the owner caught is incredible, and you can see it by watching the video link to the left. You see a vehicle pull up, and four men run out. One of them is carrying what appears to be an AR-15 or M-16, a weapon which could be fully automatic.
The robbery happened last Thursday in broad daylight at a home on West Vande Loo Street. All the action was caught by the homeowners outdoor surveillance system.
"The victim was able to get back inside his house, close his door, semi barricade it, reach for [a] weapon that was easily accessible," says Pima County Sheriff's Deputy Earl Gieron.
The homeowner shot at the suspects. He even put a bullet through the windshield of the suspects car, which is also caught on camera. The four men retreated and took off. All of them remain on the run.
Labels: AZ, home invasion
1/28/09
Tuscon, Arizona
From the Arizona Star of January 27, 2009
Apparent robber shot dead at store
An employee at a South Side convenience store shot and killed one of two men trying to rob the store Monday and was himself wounded in the brief shootout, police said.
Two men walked into the Grand Market, in the 6200 block of South Sixth Avenue, sometime before 5:30 p.m., said Sgt. Mark Robinson, a Tucson Police Department spokesman.
They shot at an employee, a man in his early 50s, who fired back, Robinson said.
The employee shot one of the would-be-robbers, an 18-year-old, who ran outside into the parking lot where he collapsed and died. The other robber ran away, and police are still looking for him, Robinson said.
The employee was also shot. He was taken to a hospital with non-life-threatening injuries, Robinson said.
Witnesses described the missing suspect as in his mid-20s to early 30s. He was wearing a black-and-white football jersey and a red bandanna, Robinson said.
Margarita Grajeda lives in the area and drops into the Grand Market from time to time.
Grajeda wasn't surprised that someone could get shot trying to rob the market. She said the store had been robbed before, and it was only a matter of time before someone at the store was forced to shoot.
"I knew somebody was going to get shot someday," she said.
As for the store owners, she said she hoped they were all right.
"They're such nice people. So nice," she said.
Labels: AZ, business robbery, defender shot
1/7/09
Phoenix, Arizona
From the Arizona Republic of January 6, 2009
Jewelry store owner shoots would-be thieves
The owner of a Phoenix jewelry store shot two men who had used pepper spray on him during an attempted robbery.
The suspects, identified as 24-year-old Gregory Mills and 27-year-old Jason Buckingham, were taken to the hospital with non-life-threatening injuries and are expected to be charged Tuesday.
Phoenix police say Mills and Buckingham went to the jewelry store of a 61-year-old man around 2 p.m. Monday and tried to sell a watch, but were denied because it was missing parts.
About 10 minutes later, they returned, pepper sprayed the store owner in the face and smashed the glass of a display cabinet.
That's when the owner pulled a gun from his pocket, shot each suspect and held them at gunpoint until officers arrived.
Investigators say the owner acted in self defense and won't be charged.
Labels: AZ, business robbery
1/6/09
Glendale, Arizona
From the Arizona Republic of January 6, 2009
Man arrested in double murder
The Glendale Police Department has made its first homicide arrest of 2009, thanks to help from Phoenix police.
Jesus Adan Nevarez-Cota is suspected of being one of four men involved in a home-invasion robbery in June that left the homeowner and an intruder dead.
Police say Nevarez-Cota, 20, of Phoenix, and the three other men were armed with assault rifles when they kicked in the back door of a Glendale residence in the 7000 block of West Cavalier Drive. Police say the homeowner, who also was armed, confronted the men and a gunbattle ensued.
Police said Nevarez-Cota is the registered owner of a vehicle that the men used to leave the scene.
Phoenix police talked to Nevarez-Cota on Dec. 31, during a traffic stop, and called Glendale authorities.
He now faces two counts of first-degree murder.
Labels: AZ, defender killed, home invasion
12/25/08
Phoenix, Arizona
From KPHO of December 24, 2008
Intruder killed in burglary attempt
A Valley resident shot one of two intruders in his Phoenix home Tuesday night, police said.
According to police, two burglars broke into the man's home, and the homeowner grabbed his gun and shot one in the chest.
The intruders fled, though the injured one was dropped off at a nearby Circle K, police said.
Officers said they are still searching for the second intruder.
Labels: AZ, home invasion
12/22/08
Chandler, Arizona
From December 21, 2008 KNXV channel 15:
A store owner shot by a would-be robber is expected to make a full recovery following a shootout Saturday night in Chandler.
Police said two men walked into Christopher Diamonds at Chandler Boulevard and Coronado just before 7 p.m.
One had a gun and apparently tried to rob the place.
Police said Christopher Diamonds is a family run business and only three people were in the store at the time, including the owner, his wife and his son.
Another employee was outside the business.
Police said the owner, Rusty Uptain, grabbed a gun to defend his family and store.
A gun battle ensued and both Uptain and one of the suspects, 46-year-old Kevin William Murray, was shot.
Police said Uptain was shot in the face, but is expected to be okay.
Murray reportedly jumped into a stolen pick-up truck and fled the scene.
A police officer spotted the truck and chased him to the 101 and Broadway in Tempe.
That's where they said Murray died.
At about 8:15 p.m., a police dog tracked the scent of the second robber, 27-year-old Kenneth Wayne Simpson Jr.
Officers peeled out of the parking lot and caught Simpson a few blocks away near a wash.
Police said the suspects did not steal anything.
Family spokesperson Nancy Uptain told ABC 15, "My brother-in-law is an incredible marksman he's a hunter and we're very gratefully for our gun rights because with him being able to have his own protection he was able to save his family."
"These men came in and they had full intentions of killing the family and taking the jewelry," she said.
"It hit his nose the side of his nose and the corner of his eye."
Doctors are confident they are able to save not only Uptain's vision, but his eye.
Labels: AZ, business robbery, defender shot
12/11/08
Phoenix, Arizona
From KPHO of December 10, 2008
Police: Homeowner Shot Intrude
A man who police call a would-be burglar may be regretting kicking in the door of an east Valley homeowner early Tuesday morning, authorities said.
Investigators said after Richard Lopez kicked in the door of a Gilbert home, the homeowner grabbed a gun and shot him twice -- once in the face and once in the torso.
The driver of the alleged getaway vehicle, Mark Vega, took Lopez to the hospital, where they were met by officers, police said.
Additionally, Gilbert police said, Lopez may be connected to a string of home burglaries in the east Valley.
Lopez was arrested in April in connection with a similar string of crimes in the west Valley.
Police called the ring, which targeted more than three dozen homes, the "door-kicking burglars" after the method they used to break into homes.
Gilbert police said they are investigating a connection to the crimes in the west Valley; however, they would not confirm whether the two crime sprees are linked.
The east Valley homeowner who shot Lopez will not be charged, Gilbert police Sgt. Mark Marino said.
"In this particular case, the homeowner protected himself," Marino said.
Labels: AZ, home invasion
10/16/08
Tuscon, Arizona
From the Arizona Daily Star of October 16, 2008
Tucson police: Evidence at UA-area double-shooting consistent with self defense
Evidence in a fatal shooting of two home invaders by a University of Arizona student appears to be consistent with his story that he was defending himself, police said.
At least one of the invaders was armed with a gun during the incident, which occurred shortly after 12:30 a.m., according to Sgt. Fabian Pacheco, a Tucson Police Department spokesman.
The 23-year-old student was home alone in the 800 block of East Adams Street — near North Euclid Avenue and East Speedway — when the home invasion occurred.
There was a knock at the door, at which time he armed himself with a gun because of the late hour, Pacheco said.
The man at the door asked for someone and the student told him that the person did not live there, Pacheco said.
The student looked past the man he was speaking with and saw another man who had his face covered and was armed with a gun.
He attempted to retreat into his home but the men made their way in, Pacheco said.
The student called police to report the shooting and when officers arrived at the guest house they found the two men dead inside just past the doorway.
Their names and exact ages were not released, but one was in his mid to late 20s and the other was about 25 years old, Pacheco said.
The UA student was questioned and is cooperating with police, Pacheco said. His name is not being released.
There is no indication that the student is or has been involved in any criminal activity, police said.
Pacheco could not say what the men were looking for or if they had possibly gone to the wrong house.
The case will be presented to the Pima County Attorney’s Office for a determination on whether the double homicide was justified, Pacheco said.
Ali Adelmann, a UA sophomore, just moved into the neighborhood this semester and was concerned about what happened.
“It really worries me,” the Phoenix resident said. “All we can do is keep our doors and windows locked.”
Jenny Wise also moved into the neighborhood in August. The 19-year-old sophomore said she wasn’t home at the time.
She had gone to a party and upon arriving home around 2 a.m. found her street taped off and flooded with police.
“It’s really the scariest thing,” Wise said. “I’ve lived a sheltered life. This seems like a nice little neighborhood. I don’t know what I would’ve done if two guys tried to get into my house.”
Labels: AZ, home invasion, student defender
9/28/08
Phoenix, Arizona
From the AZFamily of September 8, 2008
Man killed after armed woman with restraining order opens fire
A man is dead after trying to break into a woman's home and she opened fire on him.
According to police the woman had a restraining order against the man although their exact relationship is unclear.
Investigators say around 2:30 Sunday morning that man forced his way into the woman's house near 40th Avenue and Thunderbird and she was prepared
A police spokesperson tells 3TV, “The victim basically armed herself and when the suspect broke into the house the victim fired several rounds.”
Police said the woman will most likely not face any charges. The suspect's identity has not been released.
Labels: AZ, domestic dispute, female, home invasion
9/24/08
Tuscan, Arizona
From KMSB of September 24, 2008
Sheriff's deputies say shooting death the result of self-defense
A 49-year old man was shot to death outside of a residence in the 4100 block of North Soldier Trail in what apparently was a case of self-defense.
According to witnesses, the shooting victim entered the home of another man at about 9 p.m. on Tuesday, September 23, and made threats against the man. The victim was shot when he grabbed the other man and began to drag him out of the residence, according to Pima County Sheriff’s investigators.
The name of the shooting victim has not been released, pending notification of next of kin.
Labels: altercation, AZ, home invasion
9/18/08
Tucson, Arizona
From the September 18, 2008 Tucson Citizen:
PHOENIX - Phoenix police say one of their officers shot and wounded a man who had been holding a burglar at gunpoint inside his home.
...Arriving officers found a screaming woman who had fled the last home with two children while her mate confronted the intruder.Thompson says officers went inside, ordered everyone out and saw the armed resident coming down a hallway. One officer shot the 35-year-old man several times, but he's expected to survive.Officers then detained the intruder.
Labels: AZ, residence burglary
8/11/08
Phoenix, Arizona
From the Arizona Republic of August 11, 2008
Homeowner, burglary suspects in shootout; 1 dead
Phoenix police found one man dead and another shot after responding to a residence near 91st Avenue and Lower Buckeye Road.
At about 9 p.m. on Sunday, police received a call to a shooting at the residence, where they discovered a 25-year-old man with a gunshot wound and a 20-year-old man in another room dead from gunshot wounds, police said.
The 25-year-old homeowner told police he was home alone when he saw three men in his backyard, armed and looking to break into the residence. The resident traded gunfire with the suspected intruders, resulting in the gunshot wounds.
Two of the suspects fled the scene in a vehicle, police said.
Police did not release information about the suspects or their vehicle as the investigation is ongoing.
Labels: AZ, home invasion
7/7/08
Avondale, Arizona
From ABC15 of July 7, 2008
Avondale man shoots at armed robbers trying to take his baby
An Avondale man shot at armed robbers Saturday night when they tried to take his infant during a robbery, according to a police report released Monday.
The Avondale family had started to unload groceries at their home near Main Street and Litchfield Road when three men approached the car with guns and demanded money.
When the victim, 52, said he didn't have any cash, one robber said, "get the baby", according to Avondale Police Sergeant Memo Espinoza.
The victim pulled out a handgun and the three robbers started shooting at the man and the house. The father shot back.
The robbers ran away, and one was crawling on the ground as if he had been shot, according to Espinoza.
The victim and baby were not hurt in the shootout.
The three armed men left in a black SUV with chrome trim and chrome wheels.
They were described as Black males, between 19- and 25-years old.
One wore all black clothing, one had black pants and a brown shirt and the third wore blue shorts and a white shirt.
Avondale police notified Valley hospitals to look out for someone with a gunshot wound.
Another similar incident occurred Sunday at an Avondale family's home near Indian School Road and 107th Avenue.
Three men pulled into the family's garage and forced their way into the home rummaging through their belongings.
The family wasn't hurt, however their truck was stolen by one of the three suspects.
The truck was pulled over by police near the home and the man was taken into custody.
Espinosa said the two incidents are not related.
Anyone with information should call Avondale police at 623-333-7000.
Labels: AZ, kidnapping, street robbery
Mesa, Arizona
From the East Valley Tribune of July 7, 2008
Man shot to death in Mesa driveway
Peggy Abel knew something "really bad" was happening Sunday night in her usually quiet Mesa neighborhood.
The mother of seven heard screams and someone saying "stop hitting me," so she sent her teenage son out to their backyard to investigate.
"He came back in and said, 'We gotta call 911!' " Abel said.
Then, she heard the gunshots.
"Pop, pop, pop," Abel said. "There was a man standing in the middle of the street and a lady screaming 'You blanking killed him.' "
Police arrived in the 3900 block of East Hampton Circle, near Val Vista Drive and U.S. 60, about 11 p.m., just as the shooting occurred. Officers found that the 29-year-old boyfriend of a neighborhood woman had been shot and killed by a 49-year-old homeowner who lives nearby.
The homeowner had come outside after hearing the man and his girlfriend yelling at each other in the front yard.
Although police have stopped short of using the term self-defense, they said the homeowner shot and killed the man because he was "going crazy" with a billiards stick and charged at the homeowner.
The man was found dead on the homeowner's driveway.
"As far as coming out with a gun, he was well within his rights," said Detective Chris Arvayo, Mesa police spokesman. "He was in his yard. He never left his property. He came out with a gun, which is his constitutional right."
Mesa police haven't released the name of the man who was killed, pending notification of his family. Police also wouldn't release the name of the shooter. No charges have been recommended against the shooter, Arvayo said, but the case will be forwarded to the Maricopa County Attorney's Office for review.
"He's not in custody right now," Arvayo said.
Police also said that they learned after the shooting that the man had been hitting things inside his girlfriend's house before he went outside and caused a disturbance.
Abel said she used the incident as an opportunity to talk with her children about anger management.
"That's very tragic," Abel said. "It's senseless."
Labels: assault, AZ, domestic dispute
6/14/08
Tuscon, Arizona
From KVBC of June 13, 2008
Security officer shoots, kills local man
Metro police responded to the Sierra Point Apartments located on Sierra Vista Avenue and Cambridge Thursday night, following a report that an individual had been shot.
When police arrived, they found the deceased 34-year-old Roberto Simmon lying on the ground outside of his apartment.
Police say that a security officer responded to a complaint of loud music at Simmon's apartment. According to witnesses, when the security officer knocked on the door, Simmon attacked the officer and tried to wrestle his gun away from him.
Neighbors say it was an uneven match between the two men, and that Simmon was physically much larger than the security guard.
As a result of the struggle, the security officer fired one shot at the man and killed him.
Neighbors say Simmon got along with most people at the Sierra Point apartments where he lived. They say he often hosted community barbecues in the courtyard in front of his home.
Police say charges have yet to be filed and this is an ongoing investigation.
This incident is Las Vegas' 57th homicide to date. This number is slightly lower than last year at this time.
Labels: altercation, AZ, private security
Mesa, Arizona
From AZ Central of June 12, 2008
Intruders, homeowner trade gunfire
Four people forced their way into a Mesa home early Thursday and got into a gun fight with somebody inside, police said
The incident occurred in the 2400 block of East Diamond Avenue, near Gilbert and Broadway roads around 2 a.m.
The victim was armed when the intruders entered the home and both sides traded gun fire, police said.
Police found a blood trail at the home, apparently from one of the intruders.
A K-9 unit was brought to the scene but the intruders were not found. Police said the homeowner appeared to be targeted incident and that the attack was not random.
Labels: AZ, home invasion
6/5/08
Phoenix, Arizona
From the AZ Family of June 5, 2008
Another homeowner shoots, kills armed would-be robber
A homeowner shot and killed a suspect who was allegedly trying to break into his West Valley home early Thursday morning.
It happened at about 1:30 a.m., in the area of 59h Avenue and McDowell Road.
Police said the family of four was asleep at the time.
The homeowner reportedly woke up when he heard somebody kicking in the door. That man grabbed his shotgun and waited near his bedroom door.
When the bedroom door swung open, the man said he saw a man with a gun. That's when he opened fire.
That suspect died on the scene. Police did find a gun near him.
Investigators said there were two other suspects who took off, running to where their truck was parked a block away. Those suspects are still on the loose.
Police said the homeowner was acting in self defense so he likely will not face any charges.
None of the family members inside the house were hurt.
Neighbors said the family keeps to themselves, but they did notice what they believed to be suspicious activity nearby Wednesday morning.
"The neighbors said at 5:30 yeasterday morning he saw two guys on bikes that were at the house next to them, and they looked like drug addicts," said Brenda Mcolough.
Investigators are trying to determine the motive for the break-in.
Labels: AZ, home invasion
6/2/08
Phoenix, Arizona
From KPHO of June 2, 2008
1 Dead, 2 Hurt In Phoenix Shooting
Police say a homeowner confronted two men who forced their way into a house with the intention to rob it, shot and killed one of the men and injured the other.
The robbers injured the unidentified homeowner, who was rushed to the hospital, in the Monday morning incident at 2809 W. Almeria Road, Sgt. Andy Hill said.
His condition was not immediately known.
"I heard two shots, real loud, then saw dust on the ground," said Josie Carillo, a neighbor. "Don't know if it was a bullet or what."
Police said they were are especially concerned because children also live in the home.
"We believe two suspects came to rob the house, do a home invasion, and forced their way in," Hill said.
The other intruder who was hurt is believed to have jumped in a getaway vehicle parked down the street. Police gave no immediate description of the robber.
Updated 06/08/2008:
From KPHO of June 8, 2008
Man Accused In Home Invasion Found Dead
Phoenix police said they've found a man they wanted to question for an attempted home investigation on Monday, but he was dead of a gunshot wound.
Travis Jarred was found in his west Phoenix home Friday by police who broke in after his girlfriend called them worried after not seeing him since last Sunday, Detective Stacie Derge said
The 35-year-old was wanted for a home invasion Monday morning where a home's resident fatally shot a second intruder.
Derge identified the second dead man as 30-year-old Shaun Martine.
The victim, his wife, and several small children were asleep when the suspects forced their way in through the back door armed with a rifle and a knife. The home resident was stabbed, but grabbed a pistol and opened fire.
Martine died at the scene, and Jarred apparently drove home before dying.
Labels: AZ, defender shot, home invasion
5/13/08
Phoenix, Arizona
From KPHO of May 13, 2008
Store Owner Shoots Robber With Robber's Gun
A store owner wrestled a gun away from an armed robber and shot the man three times Monday, Phoenix police said.
The would-be robber entered Soccer City shortly before 6 p.m., pointed a gun at owner Lionel Sanchez and demanded money, according to police.
Sanchez told police the robber was talking to someone on the phone and indicated he planned to shoot.
When the robber momentarily let his guard down, police said, Sanchez lunged for the gun and wrestled it away, then shot the intruder.
The robber was taken to a hospital in stable condition. Police did not release his identity, but said he would be jailed upon his release from the hospital.
Sanchez will not face charges.
"Right now, initially, it looks like it's a case of self-defense," said Sgt. Phil Roberts.
When asked why he was bold enough to go after the gun, Sanchez revealed he has studied karate for the past five years.
Labels: AZ, business robbery, criminal's gun taken away and used against him, illegal alien
5/9/08
Phoenix, Arizona
From AZCentral of May 8, 2008
Man shoots, kills robbery suspect in truck
A Phoenix man shot and killed a suspected robber Thursday, claiming it was a case of self-defense, police said.
The man heard his truck start up in his driveway on the 3000 block of West Flynn Lane at around 12:45 a.m. When he went outside with a gun to investigate, he saw his truck had just been stolen and a man was driving away in it, police said.
The suspect then made a U-turn and drove toward the man who was standing on the sidewalk, police said. He fired several shots at the suspect in the truck, hitting him fatally, police said. The suspect lost control of the vehicle and crashed into a wall. He was pronounced dead at the scene.
Phoenix police detectives are investigating the death and working with the Maricopa County Attorney's Office. The man has not been arrested in the shooting, police said.
Labels: AZ, street property theft
5/5/08
Mesa, Arizona
From the East Valley Tribune of May 5, 2008
Store clerk shoots would-be robber
A man’s attempted armed robbery of a central Mesa store was foiled Sunday when the clerk fought back with a Taser, his fists and a handgun, police said.
The 30-year-old suspect, shot several times by a clerk at Mesa Mart, 1510 S. Country Club Drive, was listed in critical condition at Scottsdale Healthcare Osborn, police spokeswoman Detective Chris Arvayo said.
Although the 55-year-old clerk had been assaulted with a pipe, he did not require extensive medical attention.
The clerk most likely will not face any criminal charges.
“He’s got the right to defend himself,” Arvayo said.
However, the suspect probably will be charged “once he’s better,” Arvayo said.
The incident began about 8 a.m., when the suspect entered the store near U.S. 60. He then demanded money while striking the clerk with a pipe.
The clerk first used a Taser, but it did not stop the robber. Police said the clerk then shot the suspect.
The identities of the robber and clerk were not immediately released.
Labels: AZ, business robbery
5/4/08
Avondale, Arizona
From the Arizona Family of May 1, 2008
Another homeowner shoots would-be invader
Two people were rushed to the hospital after a home invasion turned violent in Avondale.
According to police, a homeowner thought he heard somebody breaking into his home at 110th Avenue and Washington Street.
The man went outside to check it out and reportedly saw at least one armed suspect. That suspect fired at the homeowner.
The homeowner returned fire, police said.
Both men were hit.
The suspect reportedly was critically wounded.
The homeowner suffered minor injuries.
Police are investigating the incident.
Labels: AZ, defender shot, home invasion
4/16/08
Mesa, Arizona
From KPHO of April 16, 2008
Homeowner Shoots Burglar
An early-morning break-in turned fatal when the homeowner shot the intruder, Mesa police said.
The homeowner, his wife and another person woke to the sound of someone breaking into their home shortly after 2:15 a.m., police said.
The wife ran to a closet to call 911 while her husband confronted the armed intruder.
Police said the husband struggled with the intruder and shot the burglar with his own gun.
Rescue crews pronounced the burglar dead at the scene.
Police said a second would-be intruder was waiting outside the home and was arrested.
Investigators said the incident may be drug-related.
Labels: AZ, criminal's gun taken away and used against him, home invasion
3/24/08
Scottsdale, Arizona
From the East Valley Tribune of March 24, 2008
Scottsdale woman shoots at persistent intruder
A 74-year-old woman twice shot at a man after he made repeated attempts to break into her home, extort money from her and threatened to set fire to her garage.
Hugh Turner, 52, was arrested by Scottsdale police about 2 p.m. Friday on suspicion of threatening and intimidation and other offenses at a residence in the 27800 block of North 94th Street.
Turner allegedly threatened to burn the woman’s house down after pouring gasoline in her garage about midnight on Thursday if she refused to give him money, police said.
After the woman complied with his demands, Turner fled but later returned to the home about 4 a.m. Saturday and tried to break into an upstairs door using a ladder. The woman fired two shots from a handgun, but the man was able to get away unharmed, police said.
Officer’s from the parks and preserve unit on All-Terrain Vehicles found Turner in a desert area near the home and arrested him. Turner also was arrested on suspicion of attempted arson on an occupied structure, theft by extortion, endangerment and disorderly conduct.
Turner was treated at Scottsdale Healthcare Thompson Peak hospital for an ankle injury he sustained after he jumped from the ladder at the woman’s home. He was booked into the Scottsdale City Jail. Police said the woman and man knew each other.
Labels: AZ, female, home invasion, senior
3/20/08
Peoria, Arizona
From KTAR of March 20, 2008
Peoria Homeowner Shoots Intruder
A Peoria homeowner shot an intruder Thursday morning.
Peoria Police Public Information Officer Mike Tellef said the 62-year-old man heard someone breaking into his house near 85th and Olive avenues. Armed with a handgun, he went to investigate.
"He told us that he told the subject to stop," Tellef said. "The subject kept approaching on him, he felt in fear of his life, that's why he fired the single shot that he fired."
The 18-year-old suspect, Jason Rodriguez, a Glendale resident, was shot in the shoulder, and transported to a local hospital with non-life threatening injuries where he was treated and released to police.
Rodriquez was booked into 4th Avenue Jail and charged with burglary and aggravated assault.
Labels: AZ, home invasion
3/19/08
Phoenix, Arizona
From the AZCentral of March 18, 2008
Stunt man turned salon owner shoots robber
A would-be robber, “picked the wrong business and the wrong cowboy to mess with,” when he entered a Phoenix storefront and pulled out a gun.
That’s because Rodd Wolff leads a double life. He is a movie stuntman. In training for roles in films like “Rambo III”, “Bill & Ted’s Excellent Adventure” and “Miracle at Sage Creek”, Wolff had to be able to shoot a gun while riding a horse. He got a chance to put those cowboy skills to use in the unlikely setting of the business he owns, a hair salon.
Wolff, his wife and three clients were inside Hair Productions at 25 Street and Indian School Road about 3:30 Tuesday afternoon when the suspect walked in wearing a wig and dark sunglasses. Because of previous crimes at nearby businesses, Wolff had established a code word his employees would use in the event of a robbery.
He was in a back room when he heard his wife utter the code word three times. As the robber moved further into the salon, Wolff removed a gun that had been wrapped in a towel and ordered the man to drop his gun. When he did not comply, Wolff fired three shots, striking the suspect.
The robber dropped his wig and sunglasses and managed to get a green SUV outside the store. Wolff followed and held the man at gunpoint until police arrived.
The suspect was taken to a hospital in critical condition.
Phoenix Police Lt. Robert Sparks was impressed at Wolff’s use of the code word. “It’s good for business owners to be prepared and have a plan,” Sparks said.
Wolff says he first opened the salon in 1972. His acting career began in 1966’s “Duel At Diablo”. The Internet Movie Database credits him as a stuntman in18 films or TV shows. He is also listed as an actor in one film.
Despite his actions taking down an armed robber in a salon with five innocent people, Wolff says, “I’m no hero.”
Labels: AZ, business robbery
3/16/08
Cottonwood, Arizona
From February 22, 2008 Cottonwood Police Department press release:
UPDATE: On 02-22-08 at about 11:08 am a fatal shooting occurred in the parking lot of the Safeway store, 1635 E. Cottonwood Street. The deceased person is identified as James Keith Orsini, 47, of Cottonwood. Mr. Orsini died at the scene. Next of kin have been notified.
ORIGINAL REPORT: The Cottonwood Police Department is investigating a homicide that occurred on February 22, 2008 at about 11:08 AM in the Safeway Store parking lot.
Cottonwood, Arizona, February 22, 2008 - Today at about 1108 AM Officers of the Cottonwood Police Department responded to the parking lot of the Safeway Store, 1635 E Cottonwood Street, on the report of shots fired. They found one subject down with apparent gunshot wounds and a second subject nearby. The gunshot victim was deceased at the scene. At the time of this report he has not been positively identified. The other party involved is identified as James Sherman King, 59 years old, of Cottonwood.
Preliminary investigation revealed that the incident started on the roadway and both subjects pulled into the store parking lot. Witnesses state that the deceased subject approached Mr. King with a raised axe. They heard two shots and the man with the axe fell to the ground.
Labels: altercation, AZ
3/11/08
Tonto National Forest, Arizona
From the March 11, 2008 San Francisco Chronicle:
UPDATE: Another version of the story appears in the March 10, 2008 Arizona Republic:A rabid mountain lion was shot to death after attacking a 10-year-old boy as he and his family celebrated his birthday in a national forest near Phoenix, officials said.
Paul John Schalow of El Mirage, Ariz., suffered minor scratches on his back but wasn't seriously injured during Saturday's attack in a sparsely populated area in the Tonto National Forest, said Randy Babb, a biologist with the Arizona Department of Game and Fish.
Paul said he and his cousin were playing in the sand when the mountain lion came up.
"It just placed its paw on me, and it bites my head," Paul told KSAZ-TV Monday. "It scratches my back.
"I just stayed calm. I like animals but I know this one would probably try to kill me."
Paul will have to undergo a series of shots after being exposed to rabies, Babb said. Game officials are also recommending the shots for other people who touched the lion.
Babb said the attack occurred while the boy and his family were taking a break from riding all-terrain vehicles. He said while the animal tried to bite Paul's head, it didn't actually do it, only slightly clawing the boy's back.
A member of the group shot the lion twice, killing it, Babb said. He didn't know what kind of weapon was used.
An El Mirage boy celebrating his 10th birthday with his family at an Arizona national forest was attacked by a rabid mountain lion Saturday afternoon.
The boy's uncle shot the animal in time for the boy to escape with only minor scratches on his back.
The victim, Paul John Schalow, and family members who were exposed to the infected lion will start a series of post-exposure rabies shots as a health precaution, said Randy Babb, a biologist with the Arizona Game & Fish Department.
...
Paul and his family told officials they were taking a lunch break after riding their ATVs near Bloody Basin Road and Sheep Bridge. Newton Smith said two of his grandkids, Paul, 10, and Brittany, 9, were playing at a campsite when a mountain lion walked in between them. The four remaining family members stood about 10 feet from the lion.
Smith said the lion scratched Paul on his shoulder, drawing blood. The rabid animal then opened its mouth and put its teeth on Paul's head. The lion finally stepped away from the boy and looked at him while opening his mouth.
Paul's uncle reportedly shot the lion, which was an older female, loaded it in the family's truck and took it to the family's home in El Mirage.
2/29/08
Tuscon, Arizona
From KOLD of February 29, 2008
Tucson Homeowner Kills Intruder
A deadly shootout between burglars and a homeowner took place Thursday night just after nine on Tucson's east side, near I-10 and Wilmot Road.
Police say three men busted into a home in a quiet new neighborhood. They then shot the homeowner in the arm; the homeowner returned fire and hit one of the burglars, who later died at a hospital. According to Tucson police, when they arrived the 29 year-old home owner and his two year old daughter had taken refuge in a bathroom. The home owner suffered minor injuries, and the little girl was not hurt.
Police are looking for two suspects, but have not released a description. Investigators said they do not know what the relationship is between the home owner and the suspects.
Labels: AZ, defender shot, home invasion
1/7/08
Tempe, Arizona
From the Arizona Republic of January 7, 2008
Tempe store owner shoots out tire of fleeing suspect
A Tempe store owner's quick shooting reflexes resulted in the arrest of a suspected gun thief Saturday afternoon.
A customer removed a firearm from a display case in the store in the 900 block of South Priest Drive, near University Drive, according to Tempe police reports. The owner pointed his gun at the customer, demanding he return the gun. The customer returned the gun, but then took a .38 caliber revolver and left the store, according to reports.
The owner fired three shots at the customer's escaping vehicle, hitting a tire.
Police found Nathaniel Jones, 21, of Phoenix, trying to change the tire near University and Priest drives at about 2:23 p.m. A glass pipe and marijuana were found in his possession, police said.
He was arrested on suspicion of firearm theft and possession of drug paraphernalia.
Labels: AZ, business robbery
12/18/07
Phoenix, Arizona
From AZCentral of December 17, 2007
Man turns tables on thief, wrestles gun away
A man turned the tables on a gunman Saturday by wrestling a rifle from him, turning it around and firing.
Police said the pistol-grip shotgun either misfired or was empty, and the robber and an accomplice ran off.
The incident began about 5 p.m. Saturday on the side of the Ross clothing store building near Power Road and Southern Avenue. The victim was seated in his car when two men in their late teens or early 20s pulled their car alongside and parked. They approached the victim on foot, showed the gun and demanded money. The victim struggled with the man and was able to get the gun from him and fire it. The second thief helped get the gun back and they took some items from the vehicle before fleeing.
The robbers' vehicle was described as a dirty white four-door sedan, possibly a Crown Victoria or a Mercury.
Labels: AZ, criminal's gun taken away and used against him, street robbery
11/21/07
Douglas, Arizona
From the Douglas Daily Dispatch of November 21, 2007
Domestic violence between teens erupts into gunfire
A teenaged girl fired a handgun at her boyfriend and missed early Saturday morning after she was punched, nearly strangled and held against her will.
The girl then scooped her 1–year-old daughter and fled the boyfriend’s home, police authorities said.
Both teens are 17. Their names were not released by the Douglas Police Department.
At about 1:21 a.m. Saturday the police were dispatched to a Douglas home involving violence between the two teens.
The boyfriend arrived home from work and accused his girlfriend of cheating on him, said Marcus Gonzales, the spokesman for the Douglas Police Department.
His girlfriend attempted to leave, but the boyfriend wouldn’t let her. The boyfriend then became violent and he pushed her, causing her to fall to the floor.
He then punched her and began to strangle her.
She escaped and once again tried to leave the house. The boyfriend held her against her will and struck her on the forehead with a frying pan, Gonzales said.
The boyfriend then took out a handgun from a dresser drawer, pointed it at her, then pointed it to his own head.
She knocked the gun out of his hand, grabbed it, aimed it at him, and squeezed the trigger twice. The gun, though, did not fire.
The boyfriend ran through the hallway of the house and out the front door.
The girl, fearing that he would return, squeezed the trigger and fired off a shot that went through the screen door, Gonzales said.
The girl put the gun down, grabbed her daughter, and ran out of the house, looking for help.
She spotted a Douglas police officer on 10th Street and D Avenue and flagged him down.
Police arrested the boyfriend and charged him with aggravated assault, unlawful imprisonment and three counts of endangerment.
Police also found a two-month-old baby in the house.
The boyfriend was transported to the Cochise County Jail, where he is being held on a $250,000 bond. The girl was released without charges
Labels: AZ, domestic abuse, female, minor defender
Phoenix, Arizona
From the Arizona Republic of November 20, 2007
Man fatally shot after trying to forcefully enter Phoenix hotel room
A man was shot in the head and killed after trying to force his way into a Phoenix hotel room early Tuesday morning.
A father, his wife and three children were inside their hotel room at Budget Suites hotel near Interstates 101 and 17, when an armed man attempted to enter around 1:45 a.m. Tuesday, said Lt. Pat Tortorici of the Phoenix Police Department.
Police said that the two men knew each other.
The armed man initially got into a fight with the man inside the hotel room as he attempted to enter.
The armed man then cut the man's hand. While trying to get into the room, the armed man pulled out a gun, Tortorici said. But the man in the hotel room was quicker and shot the intruder in the head.
He died at the scene, Tortorici said.
No one else was injured.
The man and his family were taken to police headquarters for questioning.
Labels: AZ, home invasion
11/4/07
Phoenix, Arizona
From KPHO of November 3, 2007
Homeowner Shoots Armed Invader
A homeowner shot one of three armed men who forced their way into his house overnight, Phoenix police said.
The man, his wife and their three children were sleeping in their home at 11th and Apache streets, just north of Interstate 17, when the three invaders barged into the house around 2:30 a.m. Saturday.
Police said one of the invaders, all of whom were armed with handguns and rifles, hit the homeowner in the head with a gun.
A scuffle ensued and several shots were fired. Police said the homeowner shot one of the invaders, but it was unclear whether he had his own gun or fired one of theirs.
The gunshots woke up the neighbors, who called police.
Officers arrived quickly and shot out the street lights and lights on the outside of the house so the invaders wouldn't be able to see well enough to escape.
Police caught the two uninjured invaders in the back yard; the third was taken to a hospital for treatment. Police said his injuries were not life-threatening.
The homeowner and his family were not hurt, according to police.
Investigators have not yet determined a motive for the invasion and said they don't know if the armed men knew the family.
Labels: AZ, home invasion
10/24/07
Flagstaff, Arizona
From Flagstaff’s Daily Sun of October 24, 2007
Man shoots, kills home invader
A Flagstaff resident shot and killed a man he knew who broke into his home Monday morning.
Flagstaff police received a 911 call at about 10:36 a.m. Monday to respond to a home on North Center Street in Sunnyside, said Sgt. Tom Boughner of the police department.
Once officers arrived, the resident told police that he had shot an intruder, who was a man he knew, Boughner said. How the resident knew the man who was shot is still under investigation.
"He said he heard a crash in one of the back rooms," Boughner said, adding that the resident stated he saw the intruder and knew him.
"He reported he felt threatened by the intruder," Boughner said. "He then shot at the intruder six times with a .45-caliber pistol."
The intruder, who was shot three times, has been identified as Edward Matthew Duran, 22, a Flagstaff resident, Boughner said.
Duran is a convicted felon who was released from prison in November 2006 after being convicted in Coconino County Superior Court of three separate violent felonies, according to court records.
Boughner said the shooting does not appear to be drug- or gang-related, and that the resident has been cooperative with police.
The resident has not been arrested or charged with a crime.
(More)
9/29/07
Sierra Vista, Arizona
From Phoenix’ KTAR.com of September 29, 2007
Man Who Shot Teen after Prank AcquittedFrom the Arizona Range News of October 17, 2007
A Willcox man who shot and wounded a teenage girl after she and her friends banged on his windows in a late-night prank was acquitted of three felonies, but a jury couldn't reach a verdict on a fourth charge.
The Cochise County jury found Delbert "Cody" Evans not guilty of aggravated assault using a deadly weapon and endangering Kayla Shores, who was 14 when a bullet fired by Evans hit her in the back in February 2006. She has since recovered. Evans was also cleared of endangering another girl who was with a group of five teens on Evans' porch.
The jury was unable to reach a verdict on a charge of aggravated assault causing disfigurement. The verdicts came Friday after a three-day trial and eight hours of deliberations.
The teens had gone to Evans' rural home to get back at him for making a scary prank phone call, testimony showed. He had known Shores for years and they were friends.
Evans, 32, testified he had been threatened by a man over payment for a wood stove and thought he was shooting in self-defense at an assailant.
Prosecutor Vince Festa told jurors that Evans' actions were unjustified, saying Evans shot at ``fleeing shadowy figures'' that were not posing a threat.
Defense attorney Chuck Weninger said Evans would not have fired if he knew Shores was there, noting their long friendship.
A 13-person grand jury unanimously refused to indict Evans in 2006, infuriating some in the community, who accused Cochise County Attorney Ed Rheinheimer of bungling the case. A subsequent recall effort failed.
Rheinheimer eventually asked for a preliminary hearing, and a judge ordered Evans to stand trial on the four felony counts.
A hearing to decide if Evans will be retried on the remaining charge was set for Oct. 15.
Court dismisses final charge against Evans
A Cochise County Superior Court judge dismissed an aggravated assault count Monday against a man who shot a teenage Willcox girl in the back last year.
During a jury trial in late September, Delbert "Cody" Evans, 32, was found not guilty of one count of aggravated assault against Kayla Shores using a deadly weapon and not guilty of endangering the lives of Shores and her friend Shelby Fernandez.
The jury did not arrive at a verdict on a felony charge of aggravated assault against Shores by means of force that caused temporary but substantial disfigurement or loss or impairment of a body organ or part. On Feb. 18, 2006, Evans shot then-14-year-old Shores with a handgun after she and four other children had banged on the windows of his rural Willcox home at night in return for his making a scary prank phone call.
During a hearing Monday, Judge Stephen Desens dismissed the aggravated assault disfigurement count at the request of deputy county attorney Vince Festa.
Festa said the County Attorney's Office decided not to continue to prosecute Evans on the aggravated assault disfigurement count because of the small likelihood of getting a conviction on it.
He pointed out that according to a jury note, the eight-person panel had voted 7 to 1 on Sept. 28 for the acquittal of Evans on that count. Also, he said, during the summer of 2006, a grand jury had voted 13-0 against indicting Evans.
Based on those decisions, he said, it appears the people of Cochise County don't believe a crime was committed.
Sonny Shores, Kayla's father, said the outcome of the case is an "injustice."
"It's pretty sad that a guy can shoot a girl like that and face no consequences for it," he said.
He added that he wanted to thank all of the people who have helped support his family.
During the trial, Festa argued that Evans' actions violated the law. He said a person is allowed to act in self defense while there is apparent danger, but Evans shot at "fleeing shadowy figures" that were not posing a threat.
Defense attorney Chuck Weninger said Evans and Shores had been friends, and he would not have fired at her if he knew she was there. He explained that Evans thought he was shooting at Mark Rupert. He said Evans had been threatened by Rupert because Evans did not pay for a wood stove.
Neither Weninger nor Evans attended Monday's hearing. Also, both were unable to be reached for comment afterward.
Shores was seriously injured as a result of the shooting. She underwent surgery and was hospitalized for nine days.
She has scars from the wounds, and two bullet fragments remain lodged in her body.
Labels: AZ, trespassing
9/9/07
Phoenix, Arizona
From Phoenix’ KPHO.com of September 9, 2007
1 Dead, 1 Wounded In Store Shooting
Police: Dead Man's Gun Had No Bullets
A convenience store security guard fatally shot a 21-year-old man and superficially wounded another in the parking lot during an apparent robbery attempt, Phoenix police Sgt. Andy Hill said.
It's the same Circle K store where clerk Brady Daniel was shot and killed June 4, Hill said.
"At this time, there is nothing to indicate that these incidents are related," Hill said.
Hill said in the latest incident, two men entered the Circle K store at 5845 W. McDowell Road around 1:30 a.m.
The 21-year-old was was armed with a handgun and pointed it an armed security guard inside the store while the second man apparently went to steal property from the store, Hill said.
The security guard and the gunman got into a hand-to-hand fight with guns drawn, according to Hill.
Both men ran from the store and into the parking lot with the security guard chasing after them, Hill said.
The gunman pointed his weapon at the security guard and the guard opened fire, killing the 21-year-old Hispanic, Hill said.
The second man, a 20-year-old Hispanic, attacked the security guard outside the store and the guard shot him once in the arm, Hill said.
A Phoenix police officer who was working an off-duty job at a convenience store across the street heard the commotion and spotted a suspicious vehicle in the lot, according to Hill.
Hill said the occupants of the vehicle, who were detained, may have been involved in the crime.
Detectives said the dead gunman had a real gun, but it contained no bullets.
The man who was wounded faces possible charges, but not until after the investigation is complete, Hill said.
Labels: AZ, business robbery
8/15/07
Mesa, Arizona
From Phoenix’ ABC15.com of August 15, 2007
Man breaks into home, finds self held at gunpoint
A man broke into a Mesa home and found himself held at gun point.
Edward Linton walked into the home through the garage door where the resident confronted him.
The resident then threw him outside and held him at gunpoint while he waited for police to come.
Right now Linton is in police custody.
No word yet on if he'll face any charges.
7/27/07
Tucson, Arizona
From the Arizona Daily Star of July 27, 2007
Skrappy's settles suit over shooting death
Insurer pays part of $250,000 to man's parents
The parents of a 27-year-old Mesa resident who was shot and killed in the parking lot of Skrappy's youth club Downtown have settled their lawsuit with the club and the man who shot him. Ray "Darrin" Pierson's parents settled the lawsuit for $250,000, said Tucson attorney James Dyer.
Skrappy's has agreed to pay Phoenix residents Jeffrey Pierson and Julie Maynard, Ray Pierson's parents, $150,000.
Jordan Asch's homeowners insurance has agreed to pay the remaining $100,000, Dyer said. Asch, who shot Pierson, was not charged in the case.
The county attorney ruled the shooting justified
Ray Pierson was shot and killed Dec. 7, 2005, outside the club at 201 E. Broadway.
Despite the settlement, what happened that night remains a hotly contested issue.
One side maintains Pierson died protecting the crowd from a Columbine-type massacre.
The other insists Pierson was a member of a national group known for provoking melees and Asch shot him in self-defense.
The group, FSU, is known in some circles as Friends Stand United. Others contend the initials stand for a vulgar expression related to creating disturbances.
In a prepared statement faxed to the Arizona Daily Star, Sue Krahe-Eggleston, executive director of Our Family Services, the nonprofit organization behind Skrappy's, expressed her relief that the lawsuit has been resolved.
"While we do not believe Skrappy's was in any way at fault for causing this unfortunate incident, we welcomed the opportunity to settle as a way to avoid the costly legal fees of continuing the case.
"We would not characterize the actions of Darrin Pierson as that of a hero. While our hearts go out to his family, we believe he and his accomplices were the initiators of an unwarranted and violent attack on a number of innocent concertgoers."
While one of five bands playing that night was performing, a large group ran into the crowd and began hitting people, according to police reports. Others began throwing microphone stands, speakers and amplifiers into the crowd.
A member of Skrappy's management turned on the lights and told everyone to leave, that the police had been called.
According to some accounts, Asch, who sometimes acted as volunteer security for the club, went to his car to get an assault rifle to prevent the situation from escalating further.
Asch's friends insisted Asch was persuaded to put the rifle back into his truck and it was while they were at his truck they were attacked by a mob carrying pool balls in socks, hammers, baseball bats and machetes.
Asch, who is now 25, told police one of the men "went to the passenger (door) and busted out my window and started climbing in after me with the hammer in his hand, so I shot him center mass."
(More)
7/17/07
Tempe, Arizona
From the Arizona Republic of July 17, 2007
Tempe homeowner shoots suspected burglar
A suspected burglar was shot during an attempted break-in at a Tempe home Tuesday afternoon.
Two males in their 20s knocked on the door of a home in the 1500 block of South River Drive, near Price and Broadway roads, at about 12:30 p.m.
There were two people home at the time. One looked through the peephole but chose not to answer the door when he didn't recognize the suspects. He later heard the suspects forcing their way into the home and grabbed his handgun.
He saw the suspects in the living room, and noticed one of them was holding an object that he thought might have been a weapon.
The homeowner shot at the suspects, hitting one of them. Both suspects then ran from the home.
Shortly after, Tempe Police received a call from Banner Desert Hospital saying that a man with a gunshot wound had been dropped off at the hospital. He was transferred to another hospital for surgery. His condition was unavailable.
The other suspect has not been caught. The case is still under investigation.
Labels: AZ, residence burglary
7/10/07
Phoenix, Arizona
From Phoenix’ AZCentral.com of July 10, 2007
Resident faces intruders with rifle, cell phone
When Ahwatukee Ryan Altieri heard knocking at the door of his quiet townhouse Monday evening he thought it might be a salesman.
Turns out it wasn't anything nearly as innocent.
At about 6:45, two men kicked in the door at Altieri's townhouse on Piedmont Road, near Guadalupe and 48th Street. Instead of an empty home, however, the intruders came face to face with Altieri - holding a cellphone and a rifle.
"I was in the bathroom when I thought I heard a knock," Altieri said. "They knocked for about three minutes, I guess trying to make sure nobody was home, then they started kicking the door in. So I got my cellphone and went into my bedroom and loaded my rifle."
Altieri, 27, said he was on the phone with the 911 operator when two intruders burst through the door. The intruders walked in on Altieri kneeling with his rifle trained on them and the cellphone at his ear.
"They saw me and started stuttering," Altieri said. "I said, 'One more step and you're done.'"
The men ran away, leaving their car behind. One suspect, a 17-year-old, was caught soon afterward. Police are still looking for the second intruder, a man believed to be in his 30s, according to Phoenix police Sgt. Leonard Pinuelas. Nothing was taken from the home.
Altieri said he has lived in the condo for about a year. He lives toward the rear of the complex, near Guadalupe Road and 48th Street, and described it as quiet.
He said he was surprised that anyone would try to break in at that time of day.
Altieri said that while he was glad he had his rifle to protect himself, he had hoped he didn't have to shoot the intruders.
"But you don't know what the hell is behind that door," he said.
Labels: AZ, residence burglary
7/2/07
Phoenix, Arizona
From Phoenix’ KPHO.com of July 2, 2007
Armed Robbery Escalates Into 2 Gun Battles
2 Robbers Wounded
What began as an armed robbery at a South Phoenix jewelry store escalated into two gun battles on Monday, leaving two of the three robbers wounded, police said.
The first gun battle erupted outside Luxor Jewelers between the robbers -- a woman and two men -- and store employees, police said.
The two men jumped a block wall, officers said.
Two jewelry employees chased them on foot, where a second gun battle broke out near the parking lot of a K-Mart store at 331 E. Baseline Road.
Both men were hit by bullets, detectives said. One of them suffered life-threatening injuries, according to officers.
The second robber was driven to a hospital by the woman, police said. Officers said they caught up with them there.
One of the jewelry store employees was grazed by bullet and treated at the scene, police said.
Labels: AZ, business robbery
6/21/07
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.
6/14/07
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
6/7/07
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.
5/31/07
Mesa, Arizona
From Phoenix’ AzCentral.com of May 31, 2007
Man shoots himself in foot during attack at motel
A man shot himself in the foot as he was defending himself from an attacker at a Mesa motel early Thursday, police said.
Police said a man went to a room at the Tails West Motel, 6205 E. Main St., about 2:30 a.m. looking for another man who he said owed him money.
During an altercation, the man in the room was pushed down onto a bed, where he reached over and grabbed a handgun and fired at the attacker. The first shot hit his foot, and the next two struck the attacker in the upper thigh and hand, police said.
The men were taken to hospitals.
Police plan to release the men's names sometime Thursday.
Labels: assault, AZ, defender shot
5/26/07
North Side, Arizona
From the Tucson Citizen of May 26, 2007
March 3 slaying ruled justifiable homicide
The County Attorney's Office has deemed the March 3 fatal shooting of a 21-year-old-man by a near North Side resident justifiable and no charges will be sought in the case, authorities said.
Killed was Charles Alvin Eisner, police said. Sgt. Decio Hopffer, a Tucson police spokesman would not name the man who shot Eisner because the shooter has not been charged with a crime.
Eisner was shot before dawn after the occupant of a home near East Fort Lowell Road and North First Avenue heard noises in the carport, went to investigate and spotted a stranger in the carport, said Rick Unklesbay, chief trial counsel for the County Attorney's Office.
Unklesbay said the resident went back into the house to put on clothing and when he turned around he found the stranger had rushed into the darkened home and the resident shot the intruder.
A review of the police investigation lead to a determination the shooting was a justifiable homicide and the decision was made this month not to seek charges, Unklesbay said. The shooting was immediately reported to police by the resident, Unklesbay said.
Labels: AZ, home invasion
4/17/07
Ash Fork, Arizona
From Phoenix’ KPHO.com of April 17, 2007
Store Owner Holds Suspected Burglars At Gunpoint
Two Florida men were arrested in Ash Fork after Yavapai County sheriff's deputies found them being held at gunpoint in the parking lot of a Texaco gas station, a sheriff's office spokeswoman said.
Deputies were called to the Texaco around 12:30 a.m. Monday on reports of a burglary in progress.
When they arrived, they said they found the owner of the store holding 49-year-old Juan Luis Ruiz and 38-year-old Angel Borges Sanchez at gunpoint.
The owner told the deputies he'd found the men at the diesel pumps with the service panel off. The men had keys to the panel that no one but a technician should have had, deputies said.
According to deputies, the men said they'd had trouble getting their credit cards to work, but neither man was found in possession of credit cards or any other form of payment.
Ruiz and Sanchez were arrested on charges of felony trespass, possession of burglary tools and third-degree burglary. Bond for each was set at $25,000.
Labels: AZ, business burglary
4/11/07
Phoenix, Arizona
From Tucson’s Fox11AZ.com of April 11, 2007
Arizona Man shot in the head drives self to hospital
A Phoenix area (sic) drove himself to the hospital Friday morning after he was shot in the head, allegedly by his ex-girlfriend's new boyfriend.
The shooting, which apparently started as a domestic violence, happened near 38th Avenue and McDowell Road, police said. The wounded man reportedly drove himself from the scene to the hospital.
It all started around 6:15 a.m., when the 25-year-old man allegedly kicked in the door to an apartment where his ex-girlfriend and her new boyfriend were sleeping.
"They heard a quick knock on the door, followed immediately by someone trying to kick the door in," said Sgt. Joel Tranter of the Phoenix Police Department. "The door was, in fact, kicked in. A male subject ... forced entry into the apartment."
Investigators said the new boyfriend grabbed his gun and shot the intruder at least once.
According to police, the ex-boyfriend, whose name has not been released, left the apartment, jumped into his car and drove himself from the scene to nearby Maryvale Hospital.
So far, no charges have been filed against the new boyfriend in connection with this morning's incident. Police said the shooting appears to be a case of self defense and will leave the decision on charges to the county attorney.
The ex-boyfriend, whose injuries were not life threatening, will likely face charges of burglary and possibility aggravated assault.
Labels: AZ, domestic dispute, home invasion
3/17/07
Tucson, Arizona
From the Tucson Citizen of March 17, 2007
Apartment robbery goes bad; one suspect shot, two arrested
A North Side resident shot a man participating in an invasion of his apartment Friday, Tucson police said.
The man who was shot is in serious condition at University Medical Center. Two others who participated in the invasion are in custody and one suspect is still on the loose, Sgt. Decio Hopffer said.
Police received a call from an apartment complex in the 100 block of West Limberlost Drive about 4 p.m. alerting them that three men and one woman tried to break into an apartment, resulting in one of the suspects being shot by the apartment's resident, Hopffer said.
About 30 minutes later, a representative from St. Mary's Hospital called police - standard procedure when a shooting victim shows up at the hospital - telling them a man who had been shot had come to the emergency room with three of his friends, Hopffer said.
When police showed up at the hospital, the three uninjured suspects ran, causing the hospital to go into "lockdown" from about 4 to 5:35 p.m., police and hospital officials said.
"What happened on West Limberlost spilled to St. Mary's (hospital)," Hopffer said, dispelling earlier reports that a shooting had occurred in the hospital.
Two of the suspects, one man and the woman, were arrested at St. Mary's while one man got away, Hopffer said. No names were released by police Friday.
Search warrants were issued for the suspects' white Chevrolet and the apartment that had been invaded, Hopffer said.
Police would not release results of the search Friday night.
Police also would not release details of the shooting, including how many times the suspect was shot or what kind of weapon was used.
Labels: AZ, home invasion, residence robbery
2/16/07
Phoenix, Arizona
From Phoenix’ AZCentral.com of February 13, 2007
Passer-by shoots robbery suspect fleeing Circle KCaution: What this passer-by did would be illegal in many states
A man who police believe attempted to rob a Circle K store was chased down and shot in the leg by a passer-by, Phoenix police said.
The would-be robber attempted to steal cartons of cigarettes from behind the store counter at approximately 10:15 a.m. on Monday, police said. The Circle K store is located near Camelback Road and 16th Street..
The store manager confronted the man, and the suspect fled the store, police said.
A person in a vehicle pursued the would-be robber and reportedly shot the suspect in the leg. The suspect was unarmed, police said, but the gunman was under the impression he had a weapon, according to police.
David Burton, 46, was arrested on suspicion of the robbery and taken to St. Joe's Hospital and Medical Center for treatment of his injury.
Labels: AZ, business robbery
2/14/07
Phoenix, Arizona
From Phoenix’ KPHO.com of February 14, 2007
Alleged Robber Shot By Homeowner
An alleged robber was taken into custody Wednesday morning after being shot in the arm by the owner of the home police said he'd broken into.
Police said the man broke into the house near Third and Virginia avenues just before 4 a.m. and was confronted by the homeowner, who had a gun.
The homeowner shot the alleged robber in the arm and then was shot in the hand with his own gun while he and the robber struggled, police said.
The homeowner was able to subdue the alleged robber until police arrived and arrested him.
Labels: AZ, home invasion, residence robbery
Mescal, Arizona
From the San Pedro Valley News-Sun of February 14, 2007
No charges filed in Mescal shooting death
Criminal charges will not be filed in the November 2006 shooting death of a Benson man, according to the Cochise County Sheriff's Office. The Cochise County Attorney's Office notified investigators in a Feb. 8 letter, said Sheriff's Office spokeswoman Carol Capas.
"The present state of evidence does not allow us to overcome the defense of self defense. Indeed, the evidence seems to support the suspect's claim that he killed the victim in self defense," states the letter from Deputy County Attorney Gerald Till to Sheriff's Office Sgt. Mark Genz.
Jesse Earhart, 25, died at the scene of the Nov. 8 incident after being shot twice by Clavis Baum during an altercation in Baum's mobile home at 3183 W. Ripple Road in Mescal.
Baum told investigators and the News-Sun that he shot Earhart twice with a 9 mm semi-automatic handgun after Earhart unleashed a brass-knuckles attack on him.
"I was defending my own life," said Baum in an interview with the News-Sum.
Baum reported to authorities the day after the shooting that he'd received death threats, according to Sheriff's Office incident call logs.
"A lot of people think that I had some other choice, that there was something else I could have done and that I didn't have to do this," said Baum. "But at that point it was life or death - I was fighting for my life."
Till told the News-Sun recently that the angles at which Earhart was shot - once in the leg and on the left side of the chest - seemed to support Baum's account.
In the days following the shooting, Baum said he was unaware of any motive Earhart might have had and that he did not think he would face criminal charges.
"I think it was pretty obvious to them (authorities), what they saw, how beat up I was and how swollen my head was on the left side.
"I simply and solely had that gun for protection for myself; I had in mind to shoot nobody with it. He had a plan, he was waiting for the opportune moment to initiate it or carry it out. I'm not a cold-blooded killer or murderer. I am a man who was doing his best and determined to save his own life."
Labels: altercation, AZ
1/23/07
Phoenix, Arizona
From Phoenix’ AZCentral.com of January 23, 2007
Homeowner holds suspect at gunpoint
A man held an armed suspect of a home invasion robbery at gunpoint early this morning until police could arrive, Phoenix officials said.
The victim reportedly heard the squealing of tires outside of his residence on Marlette Avenue, north of Bethany Home Road,about 5:20 a.m.
He noticed a man peeking through his window and grabbed his gun to investigate, where he found a man in body armor in the yard, police said. He also found flashlights, masks, gloves and a semi-automatic handgun scattered around the yard.
The victim held the man at gunpoint until police could arrive.
Monti Lyle Jackson, 20, was taken into custody on suspicion of home invasion, according to officials.
An additional semi-automatic pistol was found in the suspect's vehicle. Police also found that the suspect's vehicle was stolen.
Police are still searching for a second suspect.
Labels: AZ, home invasion, residence robbery
1/11/07
Mesa, Arizona
From the Arizona Republic of January 11, 2007
Homeowner holds intruder till police arrive
A Mesa homeowner kept an intruder at bay early Wednesday morning after the man jumped into the homeowner's yard, police records show.
Police said Richard Anthony Avila, 38, of Mesa jumped into a yard in the 200 block of South Allen just after 4:30 a.m. Wednesday, but was confronted by the homeowner, who had a gun.
"Avila proceeded to push past the homeowner to gain entry into the residence," police reported.
The homeowner grabbed Avila by the throat and pushed him out of the house and onto the ground, where the he held him until police arrived, records show.
Police reported the homeowner did not know Avila.
Avila was arrested and booked into jail on suspicion of criminal trespassing.
Labels: AZ, home invasion
1/3/07
Tucson, Arizona
From the Tucson Citizen of January 3, 2007
1 fatally shot, 1 wounded in home invasion; 2 arrested
One home robbery suspect was killed and another critically wounded when six men burst into a Southwest Side home Tuesday night, sheriff's deputies say.
As the suspects yelled for people in the home to get on the floor, a man in a back bedroom locked his door and loaded his shotgun, Sgt. James Ogden said in a news statement released late this morning.
The statement gave this account:
One of the armed intruders kicked open the locked bedroom door and the resident fired a blast from the shotgun, critically wounding the intruder.
When another intruder appeared in the open bedroom doorway, the resident fired again, this time fatally. The other intruders then picked up the wounded man and fled.
A woman, two other men and a 9-year-old were in the home when the gunmen burst in about 10:40 p.m.
About five minutes after arriving at the invaded home in the 5000 block of West Valencia Road, deputies got word of a shooting victim in a house in the 5000 block of West Corona Road, about a half mile south of the crime scene.
Deputies went there and found a gunshot victim and four other men.
Deputies detained and questioned the men, releasing two and booking two others into the Pima County Jail on suspicion of first-degree murder under the state's felony murder law. That law allows a person to be charged with murder if someone dies during the commission of certain felonies, such as robbery, even if the suspect was not the killer.
Arrested were Philip Valencia, 28, of the 800 block of West Calle Ventura, and Robert Escobedo, 25, of the 1400 block of West Sonora Street. The wounded man was not immediately arrested.
Neither the names of those in the invaded home nor that of the dead man were released.
Labels: AZ, home invasion, residence robbery
12/27/06
Tucson, Arizona
From the Arizona Daily Star of December 27, 2006
2 shot, 1 fatally, at a River Road home
Evidence collected in shootings
One man was shot and killed and another was wounded as they attempted to remove belongings from a North Side home Tuesday morning, a sheriff's spokesman said.
Deputies went to the 300 block of East River Road, near North Stone Avenue, about 7:30 a.m. because of reports of yelling and gunshots, said Sgt. James Ogden, a Pima County Sheriff's Department spokesman.
Details remained sketchy Tuesday, but an initial investigation indicated the shooting occurred after a man awoke to find two men loading belongings from his home into a vehicle in the driveway, Ogden said.
The man, who was the only one home at the time, grabbed a handgun, then confronted and shot the two men in the driveway.
One man was pronounced dead at the scene and the wounded man was taken to a hospital. The extent of his injuries were unknown late Tuesday, Ogden said.
It's unknown if the two men were armed, Ogden said.
Ogden could not say if the two men were burglarizing the home, saying it's still early in the investigation. It appears the shooter did not know the two men, Ogden said.
He could not say from what part of the home the two men were removing belongings, what the items were or whether the shooter will face any charges.
Labels: AZ, residence burglary
12/15/06
Ahwatukee, Arizona
From the The Arizona Republic of December 15, 2006
Man shot after entering wrong houseUpdated 12/16/06
A Mesa man is recovering this morning after he entered the wrong house while drunk and was shot by an Ahwatukee homeowner, police said.
The 34-year-old man, whose name was not released by police, began pounding on the homeowner's door at 3:15 a.m. in the 4100 block of East La Puente Avenue near 48th Street and Elliot Road, causing the homeowner to wake up, police said.
The homeowner, armed with a handgun, opened his front door and two men, who had been drinking heavily, pushed their way into the house, police said.
The homeowner ordered them out, but they refused and began to physically fight, police said.
During the fight the gun accidentally went off and shot the man in the abdomen and arm, police said.
The man and his 38-year-old friend were looking for his wife's house, police said.
After police arrived one of the men told them it "was a big misunderstanding," police said.
No charges have been filed against the homeowner, but police are submitting a report for possible trespassing charges against the victim, police said.
The victim is in stable condition, police said.
Labels: AZ, home invasion
12/11/06
Scottsdale, Arizona
From Phoenix’ AZCentral.com of December 11, 2006
Car burglar shot at outside bar
Police are searching for a burglary suspect who prompted a shooting outside a Scottsdale bar.
A security guard at the Club Tropicana, 7043 E. McDowell Road, fired at least one round at the man after spotting him breaking into a black Chevy Suburban at 2:20 a.m. Sunday, police said.
It was unclear if the man or the stolen vehicle were struck by the guard's gunshot. The vehicle has not been located.
Labels: AZ, street property theft
10/18/06
Mesa, Arizona
From Phoenix‘ AZCentral.com of October 18, 2006
Armed homeowner holds burglar for police
A Mesa homeowner held at gunpoint a suspected burglar who entered his house Monday morning.
Ricardo Saavedra Gonzales, 20, reportedly entered a house on the 2200 block of East Fox Street and was held at gunpoint by the owner.
The homeowner heard a noise and found two people in his house about 10 a.m. Monday said Sgt. Chuck Trapani, a Mesa police spokesman.
"One got away and the other stayed put because the owner held him at gunpoint until police arrived," Trapani said.
Police reportedly found pry marks on the back door and burglary tools outside the house and garage.
"We found the crowbar at the scene with a couple of other burglary tools," Trapani said.
The homeowner reportedly said the tools didn't belong to him.
Gonzales was arrested and faces charges of first-degree burglary and possession of burglary tools.
Labels: AZ, residence burglary
7/22/06
Tucson, Arizona
From the Arizona Daily Star of July 22, 2006
Maintenance man found not guilty in drug-related apartment shootings
Says self-defense was motive in '05 encounter
An apartment complex maintenance man who was charged with attempted first-degree murder after shooting two men on the property last year was found not guilty Monday.
Derrick S. Phillips, 42, said on Friday that he was acting in self-defense when he shot two men at the Palm Garden Apartments on East Fort Lowell Road, near North Tucson Boulevard, April 25, 2005.
Now he says, after spending more than a year in jail, he is trying to get his life back together.
…
He was charged with attempted first-degree murder, which would later be changed to attempted second-degree murder, two counts of aggravated assault with a deadly weapon and one count of aggravated assault causing serious physical injury.
After spending 448 days in the Pima County jail, Phillips was released after a jury found him not guilty on all charges.
He spent two birthdays in jail, saw his financial situation fall into ruins and had a brother pass away, he said.
(A long story, worth reading)
Labels: altercation, AZ
7/8/06
Mesa Arizona
From Mesa’s East Valley Tribune of July 8, 2006
Mesa man attacked mom prior to fatal shot, affidavit says
A Mesa mother used a handgun and drugs to protect herself from her violent 19-year-old son, court records indicate. On at least one occasion, Lisa Sarytchoff pointed the .38-caliber handgun at Alexander Sarytchoff before turning and firing into the wall of the Mesa home they had shared.
She also gave him a plastic bag of “green stuff ” that caused “strange odors” in an effort to keep him “calm and nice.”
Those details of the Sarytchoffs’ home life are contained in a search warrant affidavit and were provided by 10-year-old Shawn Sarytchoff to Mesa detectives investigating the June 7 fatal shooting of his older brother.
Lisa Sarytchoff admitted pulling the trigger and claimed self-defense, police said.
Mesa police spokesman Jerry Gissel said detectives have yet to submit the case for review to prosecutors at the Maricopa County Attorney’s Office, but they intend to.
Gissel said investigators found two witnesses who fled the house after the shooting, and they corroborated Lisa Sarytchoff’s version of events.
Shawn said his mother got the gun from his grandmother to protect herself from Alexander Sarytchoff who, according to police reports, was arrested in November after smashing a chair during an argument with his mother.
Shawn said that on the day before the fatal shooting he heard a commotion in the bedroom of the home at 9241 E. Ellis St. and walked in to find his brother standing over his mother, the warrant states.
The younger brother hit the older brother on the head with a frying pan, allowing him and his mother to flee for the night.
They returned to the house the next day, but Lisa and Alexander Sarytchoff got into another heated argument, this time over the use of her pickup truck. The shooting occurred afterward, the affidavit stated.
Labels: AZ, domestic dispute
6/29/06
Tucson, Arizona
From the Tucson Citizen of June 29, 2006
Homeowner fights off intruders with gun
Home invasion suspects this morning exchanged shots with a Southwest Side homeowner awakened by the sound of someone trying to break into his home, the Sheriff's Department said.
The home owner was not wounded and it could not be determined if either of two suspects were hit, said Tony Portrey, a sheriff's dispatch supervisor.
It could not be learned early this morning if the home invasion is thought related to six others committed during an eight hour period from Sunday to Monday morning in the metro area.
One man was killed at his home on South Beardslee Drive in those home invastions, three men were arrested and law officers said they still were searching for two other young men in the cases.
In today's home invasion, on South Sparrow Avenue, near West Los Reales Road and South Camino de Oeste, the homeowner, whose name was not released this morning, was awakened about 3:20 a.m. by the sound of someone trying to break in through a wrought iron security door with a crow bar, Portrey quoted deputies as saying in an initial report.
The homeowner yelled, "freeze," and got a pistol.
Looking out of his house he spotted two vehicles, a car and a pickup, on a dirt road near his property. One was described only as a white sedan, possibly a Nissan or Honda Accord, and a dark-colored Chevrolet pickup.
Both vehicles started to leave, then stopped and the homeowner heard gunshots coming from the vehicles, Portrey said.
The home owner fired three shots and the suspects, described only as two men ages 18 to 20.
4/7/06
Phoenix, Arizona
From April 7, 2006 KTVK channel 3:
A man drove his friend to a bank Friday morning but ended up being an unwilling accomplice in a robbery.
It happened at Compass Bank near 35th Avenue and Thomas Road where a man using an ATM was confronted by a man with a gun.
It turns out the suspect got more than he bargained for. He's in a Valley hospital after the customer he robbed grabbed his own gun and shot the man.
Pat Claussen, a witness, says she was in line to use the ATM when the armed robber made his move.
"He grabbed the kid around the waist and put his hand in his back pocket then grabbed his billfold," Claussen said.
But the suspect didn't get far. That's because the customer reached into his own truck, grabbed a gun and started firing.
The suspect took a bullet in the leg then hopped into this getaway car.
But during the commotion, the panicked driver ended up smashing into an electrical box.
"I was sitting over there and all of a sudden bam, bam, bam," said Scott Young, who witnessed the shooting.
Young, a construction worker, watched in disbelief as the wounded suspect attempted to flee on foot.
"I heard at least eight shots," he said.
A short while later, police nabbed the suspect and he was taken to St. Joseph's Hospital with non-life-threatening injuries.
Officers questioned his accomplice in the back of a police car but eventually released him.
"I'm pissed off," said the suspected accomplice, Frank Canez.
Canez owns the car, now riddled with bullet holes, that the suspect attempted to get away in.
Canez says he knew nothing about the suspect's plan to rob someone at the ATM. He says the suspect is an acquaintance who promised him gas money for driving him to the bank.
"Next thing I know, he comes running to the car like this, like he had a gun, and tells me to go and they just start shooting each other," he said.
Labels: AZ, business robbery, criminal's gun taken away and used against him
3/22/06
Glendale, Arizona
From Phoenix’ AZCentral.com of March 22, 2006
(Second item)
Police looking to question man in connection with robbery case
Glendale police are looking for an armed-robbery suspect they believe may have been shot during an exchange of gunfire with a holdup victim.
Anthony Gerome Hicks, 36, is wanted for questioning on possible charges of armed robbery and aggravated assault, police said.
The holdup occurred Feb. 14 when a man went to a home near 67th Avenue and Union Hills Drive, ostensibly to buy Iraqi currency, said Sgt. Jim Toomey, a Glendale police spokesman.
The man robbed the homeowner, then got into a gunbattle and may have been hit during an exchange of bullets, Toomey said. The homeowner was not harmed.
Labels: AZ, residence robbery
3/13/06
Tempe, Arizona
From Tucson’s KVOA.com of March 13, 2006
Shots fired at Tempe apartment complex
Gunfire this afternoon at a Tempe apartment complex in what authorities are calling a home invasion.
C-B-S 5 reports four armed men entered a third floor apartment. Two people were inside the apartment. Shots were fired.
Two suspects were shot and at least one suspect has died.
Labels: AZ, home invasion
3/10/06
Phoenix, Arizona
From Phoenix’ KPHO.com of March 10, 2006
Store Owner Shoots 2 Would-Be Robbers
Three men tried to rob a store at 28th Street and Broadway, but the store owner fired at them, shooting two of them.
The third would-be robber robbery suspect escaped in a white Jeep Cherokee and is still on the loose. He dropped the money and it was returned to the store owner.
The store owner did suffer some minor injuries.
One robber was shot in the chest the other in the head.
Labels: AZ, business robbery
Mesa, Arizona
From the Arizona Republic of March 10, 2006
Mesa council candidate trades shots with suspect
City Council candidate J.T. Ready traded gunfire early Thursday with a man he suspected of being involved in a criminal activity. The man was armed with a BB gun.
"I thought I was dead," Ready said. "I didn't think I was going to make it to the election."
Mesa police arrested 32-year-old Eduardo Castellejo Godina on Thursday. He is accused of chasing and shooting at Ready with a gas-powered BB gun that looked like a semiautomatic handgun. Godina is charged with threatening or intimidating and assault, both misdemeanors, Sgt. Chuck Trapani said.
Heading into Tuesday's election, the spotlight in the heated District 4 race is again on Ready, who confirmed a day earlier that he was seeking the support of the Mesa Hells Angels motorcycle club.
"I think it could help," said Ready, on whether the incident would improve or hurt his chances at the polls.
"It's a shame such a great neighborhood is going downhill with illegal immigration and gangs."
Ready said he was driving back from a trip to Wal-Mart about 1:15 a.m. near Horne and Broadway Road when he spotted what looked to him like "gang-bangers" running down the street. Some hid in the bushes. Others scaled fences to get away, he said.
"I did like any good citizen would," said Ready, a 33-year-old former Marine, who dialed police dispatch on his cellphone.
Seconds later, he saw a man run out of the bushes and get into a truck with tinted windows. He decided to tail it to call in a license plate number, he said.
Ready followed the truck south on Temple Street until it came to a dead end, according to a police report. The truck stopped and a man got out of the passenger side and walked over to Ready.
As the man got closer, he pulled what looked like a handgun out of his pocket and took aim, according to the report. Ready drove his car forward and then jumped out while it was still in drive, he said. He still had his cellphone in one hand. Even at 300-plus pounds, Ready said he remembers moving "like a gazelle."
Ready, a concealed-weapons instructor who has a valid permit, reached for his .38 Special handgun in his ankle holster.
The man shot once at him - Ready said he recalled hearing at least one pop - before he returned one round of fire. Neither man was hit.
Eileen Rogers was watching TV when she heard the thud of Ready's car against a trailer parked in the street. She went to the front door.
Ready told her to call 911 because there was a man in her yard with a gun, Rogers said.
The irony in all of this, Rogers said, was that she has a Kyle Jones sign staked in her front lawn. Jones is one of Ready's opponents in the council race.
Labels: assault, AZ, concealed carry permit
3/8/06
Tucson, Arizona
From Tucson.com of March 8, 2006
Armed woman sends robber fleeing
A robber got some spare change and a scare when he threatened a woman in Midtown on Monday morning.
The 56-year-old woman was walking near East Fort Lowell Road and North Country Club Road when a man dressed in black approached her and demanded money, said Officer Dallas Wilson, a Tucson Police Department spokesman.
The robber implied he had a gun, so the woman complied with his order and gave him $1.50, hoping he would leave, Wilson said. Then, thinking her life was in danger, she drew a Smith & Wesson revolver and pointed it at the robber, who ran away.
The woman — whose name was not released by police — had a concealed-weapon permit, Wilson said.
"She was in fear for her life and she defended herself appropriately," he said.
Police have no suspects in the case.
For more information on concealed-weapon permits, visit the Arizona Department of Public Safety's Web site at www.dps.state.az.us/ccw.
Labels: AZ, concealed carry permit, street robbery
12/17/05
Chandler, Arizona
From the Arizona Republic of December 16, 2005
Homeowner shoots, wounds would-be intruder
A man who tried to break into a Chandler house near Dobson and Pecos roads Thursday was shot by the homeowner, police said.
Sagio Maurice Henry, 35, of Chandler rang the doorbell around 1 p.m. Thursday, then went to the back door where homeowner Cary Dennis saw him. Dennis returned with a weapon and found Henry prying open a window, police said.
After startling Henry, Dennis chased him outside and ordered him to stop. When Henry brandished a pickax handle, Dennis shot him once in the chest, according to authorities.
Henry managed to flee and was later picked up by police at a Valley hospital. He was taken to Maricopa Medical Center, where he is receiving medical attention for non life-threatening injuries in the jail ward. Police would not name the hospital he had fled to.
"I am kind of still shaken up," said Dennis, who works in the after-market auto parts business. He declined to elaborate further on the incident.
Self-defense home invasion shootings are rare and are discouraged, said Chandler police Detective Frank Mendoza.
"We don't recommend handling things this way," he said. "Given the situation, he had plenty of time to call 911 and leave the home."
Once he recovers, Henry will be booked into Maricopa County jail and charged with one count of burglary.
Police are not pursuing charges against Dennis, Mendoza said. He could not say what type of gun was used or what Henry was using to pry the window.
Labels: assault, AZ, residence burglary
12/7/05
Tucson, Arizona
From Tucson’s Arizona Daily Star of December 7, 2005
Theft victim takes wild ride; man held
A gun shop owner trying to defend his property went for a wild ride after a thief got away with a shotgun — with the owner on the hood of his getaway car, police said.
James Albert Lange, 55, went to the Frontier Gun Shop, 3156 E. Grant Road, on Tuesday morning and asked to look at a shotgun. But he stole the gun and fled in a car, said Sgt. Mark Robinson, a Tucson Police Department spokesman.
The armed owner of the gun shop chased after him, but Lange tried to run down the store owner with his car, he said. The store owner got on the hood, holding on with one hand and pointing a gun through the windshield with the other, witnesses told police.
Lange swerved onto East Grant Road, dropping the owner into the street and pulling out in front of traffic, witnesses told police. The owner, face bloodied, walked back to his shop as Lange sped off.
Police said one of the witnesses followed Lange.
Officers caught up with Lange at his home a few blocks away at the Seneca Village Apartments, 3201 E. Seneca St., and arrested him as he came out of an apartment, Robinson said.
They found the shotgun still in his car.
Lange was charged with aggravated assault and felony shoplifting and booked into the Pima County jail.
Labels: assault, AZ, business burglary
12/6/05
Phoenix, Arizona
From Phoenix’ AZFamily.com of December 6, 2005
Teen shot in botched robbery
A 16-year-old girl is in the hospital after she was shot in the leg and hip during a botched robbery.
Police say the girl tried to rob a video store near Indian School Road and 19th Avenue at about 8:30 Monday night.
While inside, a customer in the store reportedly pulled out a gun and shot the teen.
The suspect took off in a getaway car, which was reportedly being driven by another woman.
Police eventually caught up with the wounded suspect, but there was no sign of the driver.
As of this morning, the man who shot her has not been charged.
The girl is in the hospital and recovering.
Police are still looking for that other woman who they believe may be related to the teen.
Labels: AZ, business robbery
Tempe, Arizona
From the Arizona Republic of December 5, 2005
Apartment tenant fatally shoots intruder, police say
Police say a Tempe resident shot and killed a man who broke into his apartment early Monday while he and his wife were sleeping.
The man, who lives at Elliot's Crossing Apartments at 7250 S. Kyrene Road, woke up at about 3:40 a.m. after hearing a man beating down his third-floor apartment door, police say.
The apartment resident, armed with a handgun, struggled with the assailant, who had used his shoulder to force the door open. The resident then fatally shot the suspect, according to police.
Identities of the victims and suspect have not yet been released.
Labels: AZ, home invasion
12/4/05
Tucson, Arizona
From the Arizona Daily Star of December 4, 2005
Suspect jailed in attempt to flee with diamond ring
When a man attempted to walk out of an East Side jewelry store with an expensive ring Saturday morning, the shop's owner took matters into his own hands and tried to get it back.
The robbery occurred around 10:30 a.m. at the Jewel Box on East Broadway near Pantano Road, said Sgt. Mark Robinson, a Tucson Police Department spokesman.
A man came into the store, acting like he was going to buy a $4,500 diamond ring, according to the store's owner, Charles Serventi.
"He was talking to his sister or someone on his cell phone and he was saying he was going to use her credit card so his wife wouldn't know that he bought the ring,"
Serventi said. "Then he grabbed the ring and just ran."
Serventi chased the man into the parking lot, but he went into a nearby wash and threw the gold ring, he said.
Serventi said he fired a gun into the air and told the man to stop, but he did not. The ring has yet to be found.
Jose Verdugo, 29, was arrested a short time later on one count of felony shoplifting, Robinson said. He was booked into the Pima County jail.
Labels: AZ, business robbery
11/11/05
Glendale, Arizona
From Phoenix’ AZFamily.com of November 11, 2005
Arrests made in gun shop robbery
Police say they caught up with the four men who robbed a Glendale gun shop after the teens tried breaking into another place in Phoenix.
More than a dozen firearms were taken when the Lone Wolf Gun Store was robbed on Halloween.
While Glendale detectives from the property-crimes department were receiving information from the public, just days later, Phoenix detectives informed them of a separate burglary in Phoenix. That's when police were able to locate the suspects and link the two crimes.
" A few days later, a burglary was taking place in the city of Phoenix when that resident came out and interrupted those burglars he had a weapon and gunfire was exchanged between that homeowner as well as the supsects," said Michael Pena with the Glendale Police Department.
The homeowner in the Phoenix case actually shot one of the suspects and police were able to arrest the teens.
Twenty-one weapons were recovered out of the 38 that were stolen.
Federal prosecutors will be handling the case.
The suspect who was shot is expected to be OK.
Labels: AZ, residence burglary
10/20/05
Mesa, Arizona
From Tucson’s KOLD.com of October 20, 2005
Loan store owner opens fire during robbery attempt
One man is dead and a woman is shot after an attempted robbery this afternoon at a Mesa payday loan store.
At noon, Mesa Police received a silent panic alarm from inside the store.
Before officers arrived at the store near Dobson and Baseline, they received another call about an armed robbery at the store.
Police say the store owner opened fire on two armed suspects, killing one and sending the other to the hospital.
Police believe it was a case of self-defense.
Labels: AZ, business robbery
10/11/05
Snowflake, Arizona
From the White Mountain Independent of October 11, 2005
Woman praised for calm 911 call
A Snowflake woman received praise from police for her poise under pressure.
At 4:25 a.m. Oct. 1, the woman called 911 to report an intruder was in her house. She said she thought the man was drunk and simply in the wrong house but her husband was holding him at gun point.
Officers were told the front door was open and the caller's husband was in plain view from the outside. She told dispatchers she just wanted the man removed from her house.
An officer responded, took the man into temporary custody and put him into his cruiser. The man was taken around the corner and released about a block away.
Afterward, police called the woman to tell her she had done just the right things during her 911 call.
9/19/05
Phoenix, Arizona
From AZCentral.com of September 19, 2005
Man killed in gunfight outside baby shower
A 20-year-old man was killed early Sunday after a gun battle that erupted outside a just-finished baby shower.
The victim, whose identity was not released, had left the party in a pickup truck with some friends shortly after 12:30 a.m., Sgt. Mike Zeller said.
But the victim soon circled back to the home on the 2000 block of North 47th Avenue, where partygoers had gathered in the cul-de-sac.
The victim got into an argument with some of the partygoers.
At some point he brandished a shotgun, and another partygoer produced a .357-caliber Glock, Zeller said.
A gunfight broke out, and the partygoer shot the victim dead, police said.
The partygoer was interviewed at the scene and released, Zeller said. The shooting, which is being treated as self-defense, is under investigation.
Labels: altercation, AZ
9/4/05
Mesa, Arizona
From the September 4, 2005 East Valley Tribune:
A homeowner shot and killed a man who police believe was breaking into a home at 6:30 a.m. Saturday in the 100 block of South 96th Street in Mesa, Chagolla said. The intruder was armed with a knife. No names were released.
8/30/05
Mesa, Arizona
From Phoenix’ AzCentral.com of August 30, 2005
Mesa is near to 2004 count of homicides
Two weekend killings have Mesa edging toward last year's number of homicides.
…
The first shooting occurred Saturday in the 300 block of East Sixth Avenue after an early morning altercation between two Mesa men, police said.
Russell Wagner, 54, told police he shot Aaron Prescott, 19, after Prescott tried to enter his home about 2:30 a.m. He said he opened his door after hearing yelling outside and Prescott tried to enter through a screen door.
Wagner claims he shot in self-defense and told investigators he didn't know Prescott, Detective Tim Gaffney said.
Police questioned Wagner and released him.
Labels: AZ, home invasion
8/8/05
Apache Junction, Arizona
From the May 10, 2005 East Mesa Independent:
An Apache Junction man held a burglar at gunpoint April 28 until Pinal County Sheriff's deputies arrived to arrest the suspect.
According to the sheriff's office, Michael F. Swoboda broke into a home in the 6300 block of East Fifth Avenue at 3:30 a.m. Thursday, April 28, and threatened the family with a knife.
When sheriff's deputies arrived, the report said, Mr. Swoboda slammed shut the master bedroom door. One of the victims then forced the door open and sheriff's deputies entered.
...
Once Mr. Swoboda was in the vehicle, the male victim told deputies that his wife woke him up and told him that she heard somebody in the kitchen. At that point, the man grabbed a pistol from his bedside and went to investigate. He then found the suspect in the kitchen with a knife and walking toward him in a threatening manner, the report said.
The report continues that the male victim was able to force the knife out of the suspect's hand but he fled into the hallway. It was then that the deputies arrived.
Labels: AZ, residence burglary
7/25/05
Payson, Arizona
From the Payson Roundup of July 22, 2005
Warning shot turns deadly
A Tonto Basin man was pronounced dead at his employer's home early Monday morning after what detectives are calling a justifiable shooting.
Gila County Sheriff's deputies found Edward A. Palmer, 39, dead at the scene, after they received a 911 call at 1:24 a.m. from the home of John Valdez in Tonto Basin.
Neighbors reported that Palmer was working for Valdez. Detectives are still investigating the details of the case.
"Apparently Edward Palmer was under the influence of alcohol and other unknown substances," said Detective Brian Havey of the Gila County Sheriff's Office. "(Palmer) attacked John Valdez of Tonto Basin in his own residence."
Detectives believe Valdez acted in self-defense against Palmer, who had a history of violent behavior, criminal convictions and had served time in jail.
"Palmer attacked Valdez several times with his bare fists," Havey said. "He continued to attack three or four times."
After being assaulted by Palmer, Valdez armed himself with a .22-caliber rifle. Detectives said Valdez was concerned because Palmer carries a knife.
"Valdez pointed his .22 rifle low in order to scare Palmer off from further attacks," Havey said. "One round was fired from the rifle, striking Palmer on the femoral artery."
Emergency medical crews were called to the scene, but were not able to enter the residence until law enforcement could arrive.
"Ambulance crews and fire department personnel will not go into that kind of a dangerous environment, especially when a shot has been fired and someone has gone down by a gunshot wound," Havey said. "Unfortunately, Mr. Palmer bled out before anybody got on scene."
…
"I don't believe there will be any charges against Mr. Valdez," Havey said. "It turned out to be a justifiable shooting."
6/28/05
Ahwatukee Foothills, Arizona
From the Arizona Republic of June 28, 2005
2 try to rob jewelry store; 1 suspect shot, still at large
A jewelry distributor shot and wounded at least one of two masked, armed men who walked into a store Monday afternoon to rob it, authorities said.
The attempted armed robbery at Loretta's Ahwatukee Jewelers at lunchtime in a community that seldom sees such violence brought back memories of the November murder and robbery of an armored car guard just two miles away.
In Monday's incident, one suspect was shot in the leg and taken to Maricopa Medical Center in police custody. Police said the other suspect was likely wounded based on witness accounts.
(More)
Labels: AZ, business robbery
4/22/05
Phoenix, Arizona
From The Arizona Republic of April 21, 2005
Reservist who held migrants at gunpoint won't be prosecuted
No criminal charges will be filed against an Army reservist who held seven undocumented immigrants at gunpoint this month at an Arizona rest stop.
Maricopa County Attorney Andrew Thomas said Thursday that Sgt. Patrick Haab had the legal right to make a citizen's arrest because the man smuggling the immigrants into the country was committing a felony and the immigrants themselves were conspiring with the coyote to commit a felony.
Arizona law allows a private citizen to make a legal arrest if a felony has been committed and the citizen believes that the person he is arresting committed the felony.
"I do not want the message to go out that people can start rounding up illegal immigrants whether or not they think they're here legally, whether or not they know all the facts," Thomas said. "This is a very unusual case with a narrow set of facts and very unusual circumstances that allow Mr. Haab to avoid prosecution."
(More)
Labels: AZ, illegal alien
2/26/05
San Luis, Arizona
From the Yuma Sun of January 7, 2005
Investigation continues in fatal shooting in San LuisNo subsequent stories about this incident were found.
Police continued an investigation Thursday into a shooting in San Luis, Ariz., that left a man dead earlier in the week.
Lt. Blanca Vazquez, spokeswoman for the San Luis Police, said Genaro Morales, 26, was shot twice with a9 mm weapon on Monday in front of the home at space No. 215 in the Hacienda San Luis mobile home park, 115 County 22nd St.
Vazquez said Morales was transported to Yuma Regional Medical Center, where he was pronounced dead.
No arrests have been made in the case. However, police have spoken to Arturo Medina, 28, a Mexican national who resides at the home where the shooting took place. Vazquez said Medina turned himself in Tuesday.
"He pretty much admitted to the whole thing," she said.
Vazquez said the shooting is believed to be the result of an argument over money. She said that Morales allegedly pulled out a knife, prompting Medina to pull out a gun and shoot.
Medina is currently free while the investigation continues. He has not been charged with any crime.
Vazquez said it was "a possibility" that self-defense would be an issue in the case.
1/21/05
Willcox, Arizona
From AP, January 21, 2005:
TYLER, Texas (AP) - A woman who was abducted from a parking lot while leaving work at a Wal-Mart was found shot to death Friday, police said. A suspect was in custody in Arizona.
...
Capas said Williams is believed to have been shot during an attempted robbery at an RV park northeast of Willcox. A man at the RV park told authorities he had shot a man who had pulled a gun on him and demanded money.
Williams was treated at Northern Cochise Community Hospital for a gunshot wound to the shoulder, Capas said.
When the wounded man was found at the hospital, authorities determined that the pickup truck he had been driving was linked to the Texas kidnapping case.
Labels: AZ, business robbery
1/6/05
Phoenix, Arizona
From the December 20, 2004 Arizona Daily Star:
A man is recovering in the hospital after he was shot trying to force his way into a home through the doggy door.
Police were called to the home near 40th Street and Indian School Road around midnight for a noise complaint. Then the officers heard gunshots.
Investigators think the victim tried to enter the home after he saw police.
The man was shot two or three times by the residents after he allegedly pulled a gun on them. He was taken to the hospital for surgery.
Labels: assault, AZ, home invasion
1/2/05
Phoenix, Arizona
From Phoenix’ AZCentral.com of January 2, 2005
Phoenix officer is shot by wife, then arrested
Phoenix police arrested one of their veteran officers Tuesday on charges of domestic violence after his wife said she shot him several times to defend herself.
Detective Billy Soza, a 25-year Phoenix officer, was booked on two counts of aggravated assault and one count of kidnapping, said Sgt. Randy Force, a spokesman for the department.
Soza, 53, was released from St. Joseph's Hospital and Medical Center at about 4:30 p.m. and booked at Madison Street Jail, Force said.
He spent most of Tuesday recovering from his injuries, which were gunshots to the face, chest, shoulder and left hand.
His wife, 44-year-old Pamela Soza was not taken into custody.
…
Soza was shot Monday night during a domestic dispute involving his wife, Pamela Soza, Force said.
Their 19-year-old daughter was also at the house, in 10900 block of West Roma Avenue, during the shooting just before 11 p.m.
Their daughter didn't witness the assault, but saw the shooting, Force said.
Afterward, one of the people inside the house called 911 and the first officers on the scene found Soza in a bedroom.
Pamela Soza told officers that she shot her husband in self-defense, Force said. She claimed she was assaulted just before the shooting and used a handgun that was in the couple's home. The gun was not Soza's service weapon, Force said.
Billy Soza told police investigators that he thinks his behavior contributed to the situation, Force said.
Labels: AZ, domestic dispute
7/19/04
Phoenix, Arizona
From the Arizona Republic of April 30, 2004 (No permanent link)
Homeowner shoots, kills intruder, 38
A 63-year-old homeowner fatally shot one of two brothers who were trying to break into his south Phoenix home, police said. The man, whose name was not released, heard a living- room window shatter and saw an arm come through the glass Tuesday afternoon at his home in the 1600 block of West Donner Drive, said Sgt. Randy Force, a spokesman for the Phoenix Police Department. "He's fearful, he knows there have been a lot of burglaries in the area," Force said.
7/3/04
Tucson, Arizona
From the Tucson Citizen of July 3, 2004
Pregnant woman, husband shot by intruders
A pregnant woman and her husband were shot this morning during a home invasion on the Southwest Side, police said.
One of two gunmen was wounded in a shootout with the couple, police said.
The 38-year-old man and his 27-year-old wife were taken to a hospital with non-life-threatening wounds, said Sgt. Judy Altieri, a Tucson police spokeswoman.
The woman, who is 8 months pregnant, did not lose her unborn child, Altieri said.
"I don't know if she was intentionally shot. There might have been a cross fire and she got caught in it," Altieri said.
Names of the victims are not being released.
The wounded gunman and another gunman had not been arrested early today, police said. But a wounded man turned up at Kino Community Hospital hours after the shooting, Altieri said.
Labels: AZ, defender shot, home invasion
5/22/04
Payson, Arizona
From the (Phoenix) Arizona Republic of May 22, 2004:
Shooting of dog-walker called justifiedUPDATE (by Clayton): This report indicates that murder charges have been filed--although it doesn't give what I would call a clear-cut explanation of why.
…
Coconino County sheriff's detectives say the shooting of 43-year-old Grant Kuenzli was a justifiable homicide. But the victim's friends say he was a peaceful man who had volunteered to take a couple of dogs from an animal shelter out for exercise and didn't deserve to die.
The encounter occurred 11 days ago near Payson, when Kuenzli was hiking through the woods on the Pine Canyon Trail with his dog, a yellow Labrador retriever named Maggie, and two other dogs, a chow and a German shepherd mix.
The dogs, which were not on leashes, ran ahead and apparently startled Harold Fish, a 57-year-old retiree from Phoenix, according to sheriff's Detective Scott Feagan.
Fish, who was carrying a 10mm semiautomatic pistol in a holster, felt threatened, Feagan said, and fired a warning shot into the ground near the dogs and then three shots at Kuenzli, all of which hit him in the chest.
"Our investigation leads us to believe this is a situation of self-defense," Feagan said. "(Fish) was under attack."
Coconino County Attorney Terry Hance filed second-degree murder charges today against a Phoenix man who claimed self-defense in the fatal shooting last month in the woods north of Payson.I can see why Fish would have shot the dogs; shooting the person with the dogs does sound like an arguable case that requires the justice system to work.
...
Detective Scott Feagan said last month that the evidence would show that Fish acted in self-defense.
But after reviewing the evidence, Hance decided to file second-degree murder charges. The county attorney said he could not talk about the evidence.
"The case will speak for itself," Hance said.
Flagstaff, Arizona
From the Phoenix Arizona Sun of March 24, 2005
Murder charge in hiking-trail shooting tossed outFlagstaff, Arizona
A judge today threw out the murder charge against a Valley man who shot to death a hiker during a confrontation over the hiker's dogs in southeastern Coconino County.
Coconino County Superior Court Judge Mark Moran's ruling will give Harold Fish another chance before a grand jury if prosecutors choose to take the case back to the grand jury.
Last summer, the grand jury indicted Fish, a retired teacher, on a count of second-degree murder in the May 11 killing of Grant Kuenzli, who was camped in the forest with his three dogs.
Moran ruled that prosecutors omitted significant facts and did not correct misleading testimony in a daylong presentation of their case against Fish.
Melvin McDonald, a Phoenix attorney representing Fish, said he was "absolutely thrilled" by Moran's decision on remanding the case back to the grand jury.
McDonald also said he hopes this will be the end of the case against Fish "since it should have never been brought in the first place."
Fish was completing a hike on the Pine Canyon Trail when, he said, Kuenzli's dogs charged at him.
From the Arizona Republic of April 1, 2005
Charges refiled in trail shootingSome prosecutors have too much time on their hands.
A second-degree murder complaint has been refiled against retired Tolleson teacher Harold Fish in the shooting of another hiker on a forest trail near Payson last year, the Coconino County Attorney's Office announced Thursday.
This time, prosecutors are changing their tactics, said Dave Rozema, chief deputy county attorney.
The case against Fish, 57, will be made to Superior Court Judge Dan Slayton in a seldom-used preliminary hearing, which is expected to be held in mid-May. Fish's initial appearance is scheduled for 8 a.m. on April 11.
"We filed the same count and feel confident that the case will move forward," Rozema said.
Phoenix attorney Melvin McDonald, who is representing Fish, said he expected the hearing to last three to four days. "We're sorry they are going this route but it will give us a chance to publicly cross-examine their witnesses. We'll do our best to get this complaint tossed out," he said, adding that he expected the state to call their lead detectives on the case "and we will respond with some of our experts."
Last week, Judge Mark Moran of Coconino County Superior Court tossed out a grand jury indictment of Fish in the slaying of 43-year-old Grant Kuenzli of Payson. Moran also ordered that Kuenzli's mental-health records be released.
Fish said he shot Kuenzli in self-defense last May after he was attacked by Kuenzli and two of his dogs. The original detective also said he believed Fish acted in self-defense.
There were no witnesses in the highly publicized case, which has raised questions about what constitutes self-defense, the danger of unleashed dogs and hiker safety on public lands. Moran wrote that the grand jury was not told of the aggressive past of the two dogs and that there was misleading testimony about how fast Kuenzli approached Fish.
Fish fired two warning shots to stop the dogs from advancing toward him. He said he shot Kuenzli three times with a semiautomatic pistol because Kuenzli ran at him while yelling a death threat.
Deputy Jeff Palmer of the Coconino County Sheriff's Office testified to the grand jury that Kuenzli approached Fish at a speed slower than jogging. But Moran noted in his ruling that Palmer had told other deputies that Kuenzli ran toward Fish.
Flagstaff, Arizona
From the Arizona Republic of April 18, 2006
Ex-teacher's trial to begin in death of dog lover on trail near PaysonFlagstaff, Arizona
A retired Valley schoolteacher will go on trial this week in Flagstaff, accused of second-degree murder in a forest-trail shooting near Payson two years ago that he claims was self-defense.
Harold Fish, 58, gunned down Grant Kuenzli, 43, along the Pine Canyon Trail after a confrontation with Kuenzli and his dogs.
Fish claims his life was in danger after the dogs and then Kuenzli charged at him.
The trial could begin as early as today, but Mel McDonald, Fish's attorney, said he does not expect opening arguments to begin until Thursday.
Jury selection began last week in Coconino County Superior Court.
The case has sparked debate on whether the shooting was justified and the threat posed by unleashed dogs.
Fish told investigators that he shot Kuenzli three times with a 10mm pistol when Kuenzli charged at him, shouting death threats.
From the Arizona Republic of April 21, 2006
No witnesses, evidence offer challenge in murder casePayson, Arizona
Most murder cases come down to how many holes the defense can poke in the prosecution's case.
There is nothing typical about Arizona vs. Harold Fish.
The state's case against the 59-year-old hiker, who shot and killed a camper north of Payson on May 11, 2004, boils down to picking apart Fish's claim of self-defense. The prosecution has no eyewitnesses. It has no forensic evidence. It has nothing but Fish's story.
And he says he was protecting himself when he shot 43-year-old Grant Kuenzli of Payson three times in the chest. When he testifies in his second-degree murder trial, which is under way in Coconino County Superior Court, Fish will say he was attacked by Kuenzli and his two dogs near the end of a strenuous day of hiking up the Mogollon Rim on Pine Canyon Trail.
"This is going to be a real challenge for the prosecutors," said Jack Chin, a law professor at the University of Arizona and a Tucson legal analyst. "They've had several opportunities to reconsider and walk away, and the indictment was even thrown out once. They must think this is a righteous case, and circumstances suggest there is something more than meets the eye here."
Making the state's case even more difficult is Fish himself: He was a longtime Tolleson teacher, devoted family man and churchgoer with no prior record.
The prosecution's strategy is to attack Fish's story.
In opening statements Thursday before Superior Court Judge Mark Moran, prosecutors said there were discrepancies in the accounts of the shooting Fish gave to sheriff's deputies and to the grand jury. For example, he gave differing accounts of the time of day and light conditions, said Michael Lessler, a deputy Coconino County attorney.
Lessler also said the small timeframe in which the encounter and shooting occurred made it "impossible" for Fish to have a conversation with Kuenzli. Fish has said he told the victim to stop, stop or be shot and that Kuenzli yelled obscenely and threatened to kill him. "And why shoot Grant Kuenzli not in the leg but the chest? He (Fish) said he didn't want to cause legal problems because if he just injured a person they might sue," Lessler said. "It was anger and frustration in as much as any fear that caused him to kill another human being."
Melvin McDonald, Fish's Phoenix attorney, said that the numerous firearm training courses Fish had taken had taught him to shoot at "center mass" if his life were in imminent danger.
He said his client had been minding his own business, even waving at Kuenzli, before Kuenzli's dogs - a male Chow and female German Shepherd - charged at him with teeth bared. McDonald said Kuenzli was close behind and that Fish was terrified.
Scott Feagan, a detective for Coconino County Sheriff's Office who was the original investigator on the case, said he believed Fish acted in self-defense. But that led to a major row between the sheriff's office and the county attorney's office, which contended that the case hadn't been adequately investigated. Feagan was later removed from the investigation.
Former Williams Police Chief Frank Manson, was later hired by the county to conduct an independent investigation of the case.
"In my opinion, I thought that it was unusual that he would give warning shots to dogs but not a human being," Manson said. "It's also my opinion that the language he used during his interviews didn't support the immediacy of having to shoot him."
During the trial, which could last a month, the seven-woman, four-man jury will visit the scene of the shooting. They also will hear of the victim's reputation for aggressive behavior, but the judge ruled they could not be told specific details.
At the time of the shooting, Kuenzli had a screwdriver in his back pocket. It was not brandished, and Fish told investigators he did not know about it.
While Fish has to prove that he was justified in using deadly force, others who act in self-defense may not have to. The Senate gave final approval to a bill Wednesday that shifts the burden to the state to prove that using physical force in self-defense isn't justified. Gov. Janet Napolitano can sign or veto the measure. It is unclear Thursday what she would do.
McDonald, Fish's attorney, said he advised those who worked for passage of the bill.
Charles Heller, secretary of the gun rights advocates Arizona Civil Defense League and host of a Tucson radio talk show about weapons, said the Fish case has been the talk of his show.
"The consensus is that Hal Fish has been victimized twice, once in a vicious attack and later by an even more vicious attack by the prosecutor," Heller said.
Paul Bender, an Arizona State University law professor and longtime Valley legal analyst, said he questions why charges were filed.
"This seems to me to be an unfortunate accident that seems out of place with the rest of his life," Bender said. "If you think you are attacked and your life is in danger you are going to shoot. Maybe a civil action and trying to get money for damages would have been the best way to go here."
From the Payson Roundup of May 16, 2006
New self-defense law won't apply in Fish trial(More)
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.
Flagstaff, Arizona
From the Arizona Daily Sun of May 18, 2006
Attorneys clash as officer testifies(More background)
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.
Flagstaff, Arizona
From Tucson’s KVOA.com of May 19, 2006
Appeals court to decide if new self-defense law affects trialFlagstaff, Arizona
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.
From the Payson Roundup of May 26, 2006
Defense rests, Fish doesn't take stand in murder trialPhoenix, Arizona
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.
From Tucson’s KVOA.comPublication of June 8, 2006
Court rebuffs appeal in hiker shooting caseFlagstaff, Arizona
A state court today turned away an appeal asking that a new state law on self-defense be applied retroactively to the second-degree murder trial of a retired Phoenix-area school teacher in a 2004 fatal shooting on a hiking trail in remote southeastern Coconino County.
The state Court of Appeals today declined to consider the appeal filed on behalf of Harold Arthur Fish in the May 2004 shooting death of Grant Kuenzli.
Fish has said he shot Kuenzli when Kuenzli charged him and ignored warnings to stop after Fish fired a warning shot to keep two dogs away.
The new self-defense law passed by the Legislature this spring took effect immediately with Governor Napolitano's signature. The law shifts the burden of proof from a person claiming self-defense to the prosecution and also elevates the level of proof needed.
Fish's trial was interrupted while the appeal was pending, and closing arguments are now set for Monday. However, a lawyer for Fish says he'll ask the Arizona Supreme Court to take the case.
From Flagstaff’s Arizona Daily Sun of June 10, 2006
Fish trial resumes MondayCoconino County, Arizona
Closing arguments in the Harold Fish murder trial will begin Monday morning in Coconino County Superior Court.
The Arizona Supreme Court on Friday decided against issuing a continued stay of the trial, which has been on hold for three weeks while attorneys argued motions over whether a new, more lenient self-defense law should be applied retroactively to the case.
(More)
From Tucson’s KVOA.com of June 15, 2006
Retired teacher convicted in shooting death on hiking trailPhoenix, Arizona
A retired Phoenix-area teacher is facing a prison sentence after being convicted of second-degree murder in the 2004 shooting death of a man at a remote northern Arizona hiking trail.
Harold Fish, 59, was taken into custody after the Coconino County Superior Court jury's verdict Wednesday.
Fish's sentencing date will be announced Monday. According to state law, a person convicted of second-degree murder faces a minimum prison sentence of 10 years, a standard prison sentence of 16 years and a maximum prison sentence of 22 years.
Fish maintained at trial that two dogs in the care of Grant Kuenzli rushed at him on May 11, 2004, as he exited the trail on the southeastern edge of Coconino County.
To protect himself, Fish said he pulled a 10 mm handgun and fired a warning shot to keep the dogs away. He also said Kuenzli then rushed at him threatening death or harm.
Authorities said Kuenzli was shot three times in the chest and two of the wounds were fatal.
The prosecution argued that Fish overreacted and took a man's life when other options were available and that self defense was not justified.
A. Melvin McDonald, one of Fish's attorneys, said the verdict would be appealed.
McDonald said jurors were not allowed to hear evidence such as Kuenzli's history of violence and aggression, and the fact that he was armed with a screwdriver at the time of the shooting.
From Bullhead City’s Mohave Daily News of June 16, 2006
Self defense law before state high courtFlagstaff, Arizona
Faced with conflicting rulings by lower courts, the Arizona Supreme Court will consider a request that the justices decide whether a new state law on self defense should apply retroactively.
The law, which took effect immediately upon Gov. Janet Napolitano's signature on April 24, is more favorable to defendants than a now-replaced statute.
Justice Michael D. Ryan on Wednesday ordered expedited consideration of Maricopa County prosecutors' appeal of a trial judge's decision in a Maricopa County case that the law should apply retroactively to the case because it was pending when the law took effect.
The Supreme Court will consider the matter on Sept. 26, Ryan's order stated.
The petition filed by the Maricopa County Attorney's Office noted that two other trial judges - one in Maricopa County and one in Pima County - had ruled in other cases that the law was not retroactive.
‘‘The legal issue raised in the state's petition is certain to recur statewide until this court issues an opinion settling the matter,'' Deputy County Attorney Diane Gunnels Rowley wrote.
The state Court of Appeals' Phoenix division declined to consider special-action appeals of the judges' rulings in the Maricopa County and Coconino County cases while the same appellate court's Tucson division is considering whether to uphold the trial judge's ruling in the Pima County case.
Ryan on June 9 refused to block the resumption of the murder trial of Harold Arthur Fish, a retired Phoenix-area teacher who claimed self defense in the fatal shooting of another man during a 2004 confrontation on a hiking trail north of Payson.
After the trial resumed with closing arguments and legal instructions earlier this week, a Coconino County Superior Court jury on Wednesday convicted Fish of second-degree murder in the 2004 killing of Grant Kuenzli. According to Fish, he shot Kuenzli with a pistol when Kuenzli charged him after Fish fired a warning shot to keep away two dogs accompanying Kuenzli.
(More)
From Phoenix’ Arizona Republic of August 3, 2006
10-year term in deadly confrontation on hiking trailThis article accepts comments, some of which you might find interesting.
Defendant could get new trial, however
A former Valley schoolteacher who claimed self-defense was sentenced to the minimum 10 years in prison on Thursday for the shooting death of another man on a forest trail north of Payson two years ago.
But 59-year-old Harold Fish could be granted a new trial by the end of the year depending on whether the state Supreme Court decides that a new state law more sympathetic to those who use deadly force would apply to his case.
At issue is whether the law, which shifts the burden to prosecutors to prove that using physical force in self-defense is unjustified, should be retroactive to the May afternoon in 2004 when Fish shot 43-year-old Grant Kuenzli three times in the chest. Gov. Janet Napolitano signed the measure into law in April during Fish's trial.
Coconino County Superior Court Judge Mark Moran had ruled before Fish's trial that the law at the time of Kuenzli's death, which put the burden on those using physical force to prove that their life was in danger, would be the guidepost for the jury deciding Fish's case. Fish was convicted of second-degree murder after two days of deliberations in June.
Fish claimed that two dogs of Kuenzli, who was camping near a trail where Fish was hiking, attacked him, followed closely by an angry Kuenzli. There were no witnesses to the shooting.
After the trial, jurors said they didn't buy the self-defense claim from Fish, who did not take the stand.
Both the medical examiner who performed an autopsy on Kuenzli and firearm experts testified that Kuenzli's wounds likely were defensive. They testified that Kuenzli's side was turned toward Fish and that one of the shots first struck him in the right hand as he was thought to move his arm in front of himself for protection.
Phoenix, Arizona
From Tucson’s KVOA.com of September 5, 2006
Court rules that self defense law applied retroactivelyPhoenix, Arizona
Ruling on a legal issue at play in cases across the state, an appellate court ruled Tuesday that a new law on self defense applied retroactively to pending cases in which alleged crimes had already been committed.
Overturning a ruling by a Pima County Superior Court judge, a three-judge Tucson panel of the Arizona Court of Appeals said a murder defendant awaiting trial in a 2004 homicide can cite the new law in his trial.
The issue is already pending before the state Supreme Court because of an appeal filed in a Maricopa County case. The same issue is also being appealed in a Coconino County case.
The new law, which took effect immediately upon Gov. Janet Napolitano's signature on April 24, is more favorable to defendants than a now-replaced statute.
Instead of making a defendant prove he or she acted in self defense by the relatively low standard of proof of more likely than not, the new law requires that prosecutors prove by the stiffer standard of beyond a reasonable doubt that a self-defense claim was unfounded.
In the ruling issued Tuesday, the Court of Appeals said it appeared from legislative records that lawmakers intended to be retroactive and that nothing in state law prevents that from being the case with the new self-defense statute.
The Supreme Court plans Sept. 26 to consider an appeal in the Maricopa County case.
The trial judge in that case ruled that the law applied retroactively to a pending case while the trial judges in the cases in Coconino County and Pima County said it did not.
In the Tucson case, David Garcia is charged with first-degree murder in the 2004 killing of Alexis Samaniego in an early morning shooting in an apartment.
The Coconino County case involved the since-concluded murder trial of Harold Arthur Fish, a retired Tolleson teacher who claimed self defense in the fatal shooting of another man during a 2004 confrontation on a hiking trail north of Payson. He was convicted of second-degree murder in the death of Grant Kuenzli and sentenced to 10 years in prison.
The Maricopa County case stems from a 2005 shooting in which Marcos Carrasco Mendez was charged with aggravated assault and unlawful discharge of a firearm. Another man was shot after two fistfights between him and Mendez at and outside a party.
From the Tucson Citizen of February 10, 2007
Justices rule self-defense law not retroactivePhoenix, Arizona
The Arizona Supreme Court on Friday ruled that a self-defense justification law friendly to defendants wasn't retroactive to offenses committed before the law took effect in April.
The 2006 law shifted the burden of proof in cases where a defendant is claiming self-defense. Instead of making a defendant prove he acted to protect himself by the relatively low standard of proof of more likely than not, the new law says prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded.
The law took effect when Gov. Janet Napolitano signed it April 24, and supporters hoped it would be included in instructions given weeks later to jurors in the murder trial of Harold Arthur Fish in a 2004 killing.
However, the trial judge disagreed that the law could be applied retroactively. The Supreme Court's ruling, which was from a different case, supports the trial judge's decision and overturns a Court of Appeals ruling that said the law could be applied retroactively..
Fish, a retired Phoenix-area teacher, was convicted June 14 in Coconino County Superior Court of second-degree murder in the 2004 shooting death of Grant Kuenzil. The shooting happened during a confrontation on a trail near Payson in 2004.
Friday's ruling came four days after a Senate committee endorsed new legislation to explicitly make the 2006 change retroactive to cases that were pending at the time. A lobbyist for prosecutors told the lawmakers they were opening a legal can of worms.
The court issued its unanimous ruling in the case of David Garcia, a man charged in Pima County Superior Court with murder in the 2004 shooting death in Tucson of Alexis Samaniego.
It was Fish's case that prompted lawmakers to pass the law. He had claimed self-defense, saying that Kuenzil charged him in a threatening manner after Fish shot a dog that he considered a threat.
The Supreme Court said the law did not apply retroactively to cases stemming from offenses committed before April 24 because the law didn't contain a clear statement that it was retroactive. It didn't matter what legislative intent was because the law's wording - namely the lack of a retroactivity provision - was clear, Justices Michael D. Ryan wrote.
The new bill would provide the retroactivity that the Supreme Court decided Friday wasn't in the 2006 law, former Fish attorney A. Melvin McDonald Jr. said.
Ed Cook, executive director for the Arizona Prosecuting Attorneys Advisory Council, told the Senate committee on Monday that making the change retroactive could affect numerous cases.
With retroactivity, other defendants might argue that they are entitled to have their cases decided under the 2006 standard, acknowledged Sen. Linda Gray of Glendale, the bill's sponsor.
From Phoenix’ KTAR.com of March 2, 2007
Napolitano Vetoes Bill to Make Self-Defense Change RetroactivePhoenix, Arizona
Gov. Janet Napolitano on Friday vetoed a bill that would have made a 2006 self-defense law apply retroactively to cases pending at the time the law was passed, a change intended to help a hiker sent to prison for a fatal trail shooting that drew national notice among gun-rights supporters.
Napolitano said county prosecutors advised her that the retroactivity change would have allowed reopening of numerous criminal cases, and she said the time to make the 2006 law retroactive was when it was passed, not a year later.
``Otherwise, too many cases that have proceeded through our overburdened criminal justice system need to be resolved again,'' she wrote in her veto letter.
…
The vetoed bill (SB1302) to make the 2006 change apply retroactively was approved 29-0 by the Senate and 42-17 by the House.
Those margins are above the two-thirds votes needed in each chamber _ 20 in the 30-member Senate and 40 in the 60-member House _ to override a veto, but Napolitano's position could influence the votes by some lawmakers if an override is attempted.
The bill's sponsor, Republican Sen. Linda Gray of Glendale, did not immediately return calls for comment on the veto and the possibility of an override attempt.
From Tucson’s KVOA.com of April 7, 2007
Lawmakers trying again to make self-defense law retroactive
A month after their first attempt got vetoed, legislators are taking another stab at making a 2006 self-defense law retroactive.
The 2006 law made it easier for defendants to claim self-defense, and many supporters expected it would help Harold Arthur Fish, a hiker convicted in an eastern Arizona trailside shooting.
The 2006 law shifted the burden of proof in cases where people charged with a crime are claiming self-defense.
With the change, prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded. Before the law was changed in 2006, defendants had to prove that they acted to protect themselves.
However, the trial judge in Fish's case said the 2006 law didn't apply retroactively to him, and the judge's ruling was effectively upheld by an Arizona Supreme Court decision in another man's case.
That prompted the legislative attempt earlier this year to make the 2006 law apply retroactively to cases pending when it took affect just under a year ago.
A new retroactivity version now advancing in the state House states it would apply only to cases in which the defendant did not plead guilty or no-contest and that hadn't been submitted for a verdict as of April 24, 2006.
The requirement that a defendant not have pleaded guilty or no-contest is a narrowing from the vetoed version, which prosecutors warned could affect large numbers of cases.
While hundreds of gun-rights advocates sent e-mails to Gov. Janet Napolitano urging her to sign the bill, the prosecutors wanted Napolitano to veto the original retroactivity bill.
She vetoed the bill, citing the prosecutors' concerns.
Hopefully, said Republican Sen. Linda Gray of Glendale, the new language will answer some of Napolitano's concerns.
Gray said surveys indicate the new bill would apply only to 13 cases statewide.
(More)
From AZCentral.com of April 17, 2007
House rejects latest bill to make self-defense law retroactiveFrom the Tucson Citizen of April 23, 2007
The House on Tuesday rejected the latest attempt to make a 2006 self-defense law favorable to defendants apply retroactively in some cases.
The House voted 31-26 against a bill (SB1166) that would have made the law apply to cases pending in trial court when the law took effect on April 24, 2006.
That time limit and a requirement that defendants had not pleaded guilty or no-contest would have limited the law's reach to about a dozen cases, supporters said.
Gov. Janet Napolitano vetoed a broader retroactivity bill earlier this year, agreeing with prosecutors who argued it would have applied to numerous cases.
The 2006 law made it easier for defendants to claim self-defense, and many supporters expected it would help Harold Arthur Fish, a hiker convicted in a trailside shooting in Coconino County.
Fish wasn't mentioned by name during Tuesday's vote, but Republican Rep. Russell Pearce of Mesa said the bill would have provided an appropriate right to claim self defense to "good people defending their lives."
Rep. Pete Rios, D-Hayden, said he voted for the 2006 legislation with the impression that the change would apply to future cases, not past ones.
The 2006 law shifted the burden of proof in cases where people charged with a crime are claiming self-defense.
With the change, prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded. Before the law was changed in 2006, defendants had to prove that they acted to protect themselves.
Fish supporters hoped the 2006 law would be included in instructions given to jurors in his trial on charges he fatally shot Grant Kuenzli during a 2004 confrontation on a trail near Payson. Fish had claimed self-defense, saying that Kuenzli charged him in a threatening manner after Fish shot a dog that he considered a threat.
A Coconino County Superior Court judge denied a request by Fish to apply the new self-defense law retroactively to his case, and the Arizona Supreme Court on Feb. 9 ruled in another defendant's case that the 2006 law didn't apply retroactively.
House OKs bill to make self-defense law retroactive in some casesFrom Tucson’s KVOA.com of May 2, 2007
The House on Monday reversed itself and approved the latest attempt to make a 2006 self-defense law favorable to defendants apply retroactively in some cases.
The House approved the bill on a 32-23 vote, six days after rejecting the bill 31-27. Four Republicans and one Democrat who voted against the bill on April 17 cast votes for it on Monday.
They were: Republican Reps. Bill Konopnicki of Safford, Jennifer Burns of Tucson, Lucy Mason of Prescott and Jim Weiers of Phoenix, as well as Democratic Rep. Barbara McGuire of Kearny.
None explained their changed votes during the floor session.
The bill would make the 2006 law apply to cases pending in trial court when the law took effect on April 24, 2006.
That time limit and a requirement that defendants had not pleaded guilty or no-contest would have limited the law's reach to about a dozen cases, supporters said.
Gov. Janet Napolitano vetoed a broader retroactivity bill earlier this year, agreeing with prosecutors who argued it would have applied to numerous cases.
The 2006 law made it easier for defendants to claim self-defense, and many supporters expected it would help Harold Arthur Fish, a hiker convicted in a trailside shooting in Coconino County.
Fish wasn't mentioned by name during either House floor debate, but Republican Rep. Russell Pearce of Mesa on April 17 said the bill would have provided an appropriate right to claim self defense to "good people defending their lives."
The 2006 law shifted the burden of proof in cases where people charged with a crime are claiming self-defense. With the change, prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded. Before the law was changed in 2006, defendants had to prove that they acted to protect themselves.
Fish supporters hoped the 2006 law would be included in instructions given to jurors in his trial on charges he fatally shot Grant Kuenzli during a 2004 confrontation on a trail near Payson.
Fish had claimed self-defense, saying that Kuenzli charged him in a threatening manner after Fish shot a dog that he considered a threat.
A Coconino County Superior Court judge denied a request by Fish to apply the new self-defense law retroactively to his case, and the Arizona Supreme Court on Feb. 9 ruled in another defendant's case that the 2006 law didn't apply retroactively.
Governor gets another bill to make self-defense law retroactive
The Senate on Wednesday approved and sent to Gov. Janet Napolitano a bill that would make a 2006 self-defense law that's favorable to defendants apply retroactively.
Earlier this year, Napolitano vetoed a similar bill that prosecutors had warned could apply to numerous case. So, supporters said the new version (SB1166) would apply to only about a dozen cases.
The cases would have to be ones in which the defendant did not plead guilty or no-contest and had been pending in trial court when the 2006 law took effect on April 24, 2006. The bill already passed the House.
The 2006 law made it easier for defendants to claim self-defense, and many supporters expected it would help Harold Arthur Fish, a hiker convicted in a trail-side shooting in Coconino County.
The 2006 law shifted the burden of proof in cases where people charged with a crime are claiming self-defense.
With the change, prosecutors must prove beyond a reasonable doubt that a self-defense claim was unfounded. Before the law was changed in 2006, defendants had to prove that they acted to protect themselves.
Fish supporters hoped the 2006 law would be included in instructions given to jurors in his trial on charges he fatally shot Grant Kuenzli during a 2004 confrontation on a trail near Payson. Fish had claimed self-defense, saying that Kuenzli charged him in a threatening manner after Fish shot at a dog that he considered a threat.
A Coconino County Superior Court judge denied a request by Fish to apply the new self-defense law retroactively to his case, and the Arizona Supreme Court on Feb. 9 ruled in another defendant's case that the 2006 law didn't apply retroactively.
5/18/04
Scottsdale, Arizona
From the East Valley Tribune of May 18, 2004:
Man killed in Scottsdale shootout
A 27-year-old man was shot to death early Sunday in a downtown Scottsdale parking lot after he drew a gun on a group of people. Selfdefense may be a factor in the shooting, said Scottsdale police Sgt. Doug Dirren. Jose Mendoza of Phoenix was killed about 1 a.m. in the 3900 block of North Brown Avenue.
He and a friend approached four men and a woman, and Mendoza said something and gestured to the woman, Dirren said.
Mendoza then went to his car parked nearby, retrieved a 9mm handgun, and pointed the weapon at one of the men in the group — Marcus Clark, 22, of Phoenix.
A man in the group identified as Gabriel Ramos, 23, of Phoenix, fired a 9mm pistol at Mendoza as Mendoza pointed his handgun at Clark.
Clark then fired a .32-caliber pistol at Mendoza.
"They were responding to Jose pointing the gun at them," Dirren said.
Mendoza was shot several times. It is not clear whether Mendoza fired any shots. "Once the shooting occurred, everyone fled the scene," Dirren said. Police rounded everyone up and questioned them, but no arrests were made. The shooters were released pending further investigation. Dirren did not know what prompted the confrontation or what Mendoza said to the woman.
4/29/04
Phoenix, Arizona
From the Arizona Republic of April 29, 2004:
Homeowner shoots, kills intruder, 38
A 63-year-old homeowner fatally shot one of two brothers who were trying to break into his south Phoenix home, police said.
The man, whose name was not released, heard a living- room window shatter and saw an arm come through the glass Tuesday afternoon at his home in the 1600 block of West Donner Drive, said Sgt. Randy Force, a spokesman for the Phoenix Police Department.
"He's fearful, he knows there have been a lot of burglaries in the area," Force said.
The man grabbed a handgun and fired at the two men, hitting Ronald Freese, 38.
Police said Freese's brother Rudy, 40, ran to his nearby home to get relatives so they could check on Ronald.
Ronald Freese was declared dead at Maricopa County Medical Center.
Meanwhile, Rudy, who wasn't injured, returned to the shooting site while police were still on the scene.
Officers arrested him, and he is being held in connection with the attempted burglary.
Rudy could face first- degree murder charges if prosecutors allege he was involved in a crime that resulted in a death.
The homeowner wasn't available for comment.
Force said the home is in a new development, and the homeowner had only recently moved in.
"He and his wife were already considering moving," Force said.
