Civilian Gun Self-Defense Blog

Man who was shot during attempted break-in dies

A man trying to break into a Lexington home early Tuesday died from injuries after a resident shot the man through the front door, Lexington police said.

About 6 a.m., a male resident at 2700 Chelsea Woods Court off Todds Road called police, saying he’d shot someone trying to break in through the front door, Lexington police Lt. Thomas Curtsinger said.

The resident, who has not been identified, told police that he was home with his girlfriend and brother when he heard someone trying to kick in the front door.

Armed with a handgun, the resident shot through the front door, striking the man once in his upper body, Curtsinger said.

The man was lying on the front porch near the home’s entrance when police arrived. Police do not think the man was armed.

The man, whose identification has not been released, was taken to University of Kentucky Hospital, where he died a short time later.

Curtsinger said the victim was a 36-year-old man who, according to vehicle registration, was from Woodford County. The victim’s white Dodge RAM 2500 was towed from the driveway of a vacant house across the street a few hours after the shooting.

The resident told police he did not recognize the man who tried to enter his house.

Curtsinger said Tuesday morning that it was too early for him to say whether the man who fired the handgun would face any charges.

Labels: home invasion, KY

Bowling Green Intruder Killed

A shooting on April 3 at a Bowling Green home on Creekwood Court shocks area.

Police received a 911 call at about 5:15 p.m from a man who claims he shot a burglar attempting to break into his home.

Investigators and the coroner were on the scene.

"The homeowner confronted the burglar coming in the back door, according to his statements, and then shot the person, and that person is now deceased."

The burglar has not yet been identified and the investigation is continuing.

Labels: home invasion, KY

Burglar Shot By Homeowner, Arrested

An alleged burglar who was shot by a homeowner in Harrison County Sunday night is now behind bars.

The incident happened at about 9:30 p.m. at a home on Old Lair Road. Police say Thomas Perysian, 25, of Cynthiana was discovered by homeowner Kevin Landrum, who shot Perysian in his right hand and forearm with a shotgun. Police say Landrum called them from a cell phone while holding the gun on Perysian.

Police say Perysian was treated and released from UK Hospital. He is now being held in the Grant County Detention Center on first-degree burglary charges.

Labels: KY, residence robbery

Hebron Man Shoots Himself in Foot

Police are investigating a shooting in Hebron this morning.

49 year old Leonard Gibbons was shot around 11 a.m. in the 2800 block of Donjoy Drive. Gibbons tells officers he heard his garage door open and took a gun to investigate.

Gibbons says when he got to the family room he was attacked from behind by a man wearing a black hood and ski mask with black driving gloves.

The revolver in Gibbons hand discharged, striking him in the inner thigh and foot.

The intruder reportedly took Gibbons money and ran out the garage door. Gibbons was transported to University Hospital with non life-threatening injuries.

Labels: home invasion, KY

Man says shooting was self defense

A man is claiming self defense after police say he shot and killed a Montgomery County man.

Police say 27-year-old Mike Dunn fatally shot 46-year-old Greg Rudd on Sunday. Dunn tells WKYT in Lexington that he had no choice but to shoot Rudd.

Dunn says Rudd pointed a gun at him and threatened to kill him before he fired.

He says he went to find out why Rudd and another man were on his property without his permission. And when he approached the men, he says they began arguing.

Police have not made an arrest in the case but they are still investigating.

Dunn says he hopes Rudd's family can forgive him.

Labels: altercation, KY, trespassing

Police Say Homeowner Shot Intruder

A homeowner took things into his own hands overnight in southern Kentucky.

The Whitley County Sheriff's Department says an intruder broke into a home on Highway 204 near Canada Town.

Police say the homeowner was inside at the time and shot the intruder.

Investigators say they found a trail of blood leading into the woods but so far have not found the burglar.

Labels: home invasion, KY

Police Investigate Bizarre Shooting

Lexington Police are investigating a bizarre shooting on the city's North side of town. It happened just after 10 p.m. Thursday on Maddie Lane in the Masterson Station neighborhood.

Police said two women were inside their home, when they heard a noise downstairs and realized a man was trying to break through their window.

The roommates called 911, keeping dispatchers on the phone while they warned the man to leave, but when he continued to try to pry the window open anyway, that's when police say one of the women shot him.

The intruder was taken to UK hospital with non life-threatening injuries.

Police are questioning the man, but so far, no charges have been filed.

Investigators said the woman who shot him acted in self-defense and will not face any charges.

Labels: female, home invasion, KY

Man Charged After Being Shot

A Lincoln County man was charged with wanton endangerment after being shot by a man he threatened, Kentucky State Police said yesterday. Jerry Cornett, 48, of Kings Mountain was taken to the Lincoln County Jail after being treated at Fort Logan Hospital in Stanford. He is accused of threatening to kill Randall Taylor and going to Taylor's house on Martins Trail in Stanford shortly before 10:50 p.m. Monday with a gun he fired at the man inside the house. Taylor reportedly fired a shotgun, hitting Cornett in the arm and face. Cornett was arrested at the hospital Tuesday.

Labels: KY, trespassing

Stepfather Killed in Domestic Dispute

State police say a woman fatally shot her stepfather during a domestic dispute between the stepfather and her mother. Tina Rogers, 33, retrieved a handgun from inside the house on Fitchburg Road in Estill County and told her stepfather, Eugene Wallace Tipton Jr., to stop hurting her mother, Silvanie Tipton, and allow them to leave, Rogers told state police. She said Eugene Tipton refused to let them leave, threatened to kill her and advanced toward her when she fired multiple shots. Police were called at 2:16 a.m. Saturday. Eugene Tipton was pronounced dead at the scene. No charges had been filed as of last night.

Labels: domestic abuse, KY

Shots fired during home burglary in rural Jessamine County

The Jessamine County Sheriff’s Office is investigating a burglary in which shots were fired late Wednesday morning.

Sheriff Kevin Corman did not release many details, but he said the homeowner fired after discovering three intruders in his home. The homeowner told investigators that he thought the intruders returned fire. Corman said a neighbor heard three shots fired.

Corman said the confrontation happened on Ky. 169 between U.S. 68 and Keene. Because the matter is under investigation, he did not release the homeowner’s name or address.

It’s not known whether the burglary is related to another burglary in the area that happened Tuesday, Corman said.

Police Search For Burglary Suspects

Police are searching for three suspects in a Jessamine County home burglary Wednesday morning who ended up trading gunshots with the homeowner.

The incident happened at around 11:30 a.m. a home on Keene Road. Police say a man was on his exercise bike in the basement when he heard a noise upstairs. He at first assumed the sound was made by his wife, whom had been away from the home. When he went to investigate, the man encountered a man walking out of his bedroom.

The homeowner told LEX 18 that he then fired a warning shot, but the intruder, who police say was in the home with another suspect as a third suspect waited outside in the getaway car, had taken on of the homeowner's guns and shot back while running out of the home.

The homeowner, who did not want to be identified, says he hid behind some bushes and exchanged 8-9 shots as the intruders ran down the driveway chasing the getaway car. The two intruders caught the car and fled down Keene Road toward Kentucky 68.

The getaway car is an older model black Oldsmobile with plastic in the black window. The suspects are described as two were black men and one white man, One of the men who was inside the home was about 20 years old and thin, the other was older and stocky. There is no further description of the driver of the getaway car.

Labels: home invasion, KY

Homeowner shoots a would-be robber twice

An alleged robber was shot at least twice by a local homeowner early Wednesday morning. The injured man has been charged with several crimes . The suspect was hospitalized but those in the home were unharmed.

Nelson County Sheriff’s Department Chief Deputy Major Keith Greene said about 2 a.m. a call was received reporting a shooting at a residence at 1325 Plum Run Road. At least one suspect, armed with a handgun, forced his way into the home and allegedly demanded drugs. One of the residents then fired a small caliber handgun at the intruder, hitting him at least twice, Greene said. No one else was injured.

The suspect, later identified as Chaylin Montgomery, 30, Bardstown, was transported to a Louisville-area hospital for treatment. He was charged with first-degree robbery, first-degree burglary, possession of a firearm by a convicted felon and three counts of first-degree wanton endangerment. Montgomery is already under indictment for his alleged role in the beating and injury of a man earlier this year in a parking lot.

The names of the resident who shot the suspect and those inside the home at the time of the incident were not released by police.

The investigation into the shooting and events that led up to it are ongoing, Greene said. No charges have been filed against those who were in the home during the incident.

Labels: home invasion, KY, residence robbery

Robbery attempt leads to shooting of 2, including bystander

Two Louisville men -- one a bystander -- were shot during an attempted robbery early yesterday, police said.

Officers from the 4th Division were called to an apartment in the 700 block of South Clay Street just before 1 a.m. on the report of a robbery and shooting, said Alicia Smiley, spokeswoman for Louisville Metro Police.

The two people who live in the apartment, Jonathon Postell, 29, and Chiquita Cooper, 23, told police that they both shot at a man who broke in and tried to rob them, Smiley said. The intruder fired back, striking Postell in the ankle and the buttocks, she said.

Postell was transported to University Hospital with non-life-threatening injuries, Smiley said.

Hearing the shooting, a neighbor ran out of his apartment to get his juvenile nephew inside and was hit in the shoulder, Smiley said. The wounded neighbor, who was not identified, later walked about five blocks to University Hospital, where he was treated for non-life-threatening injuries, she said.

It was not immediately clear which of the people firing shots wounded the neighbor, Smiley said.

Police are looking for the man Postell and Cooper said tried to rob them, Smiley said.

Meanwhile, Postell has been charged with possession of a handgun by a felon; and both he and Cooper have been charged with trafficking in a controlled substance, wanted endangerment, possession of a controlled substance and possession of drug paraphernalia, Smiley said.

Labels: defender shot, home invasion, KY, residence robbery

Suspects In Home Invasion Killed

Police say two men are dead after an early morning shooting in Louisville.

Police spokeswoman Alicia Smiley says it appears the men were attempting a home invasion at an apartment complex, and got into a confrontation with the resident.

Smiley says the resident appears to have shot both men. She says the resident suffered minor injuries and is being questioned.

Smiley says the two men who were shot died at the scene.

Two men fatally shot in Hunters Trace

Two men were killed in early morning shootings in the 1700 block of Tempest Way in the Hunters Trace area, police said.

The shootings took place just before 6:30 after a possible home invasion at the Thunder Bird apartment complex, said police spokeswoman Alicia Smiley.

A resident of a second-floor aparment told police that he fought with the two men. One man was found dead on a second-floor balcony outside his apartment; the second man was found dead in the middle of Tempest Way. The resident suffered minor injuries.

None of the three men has been identified.

Labels: home invasion, KY

Man shot during burglary

A Louisville man has been charged with burglary after being wounded by a homeowner earlier this week, police said.

Paul E. Richardson, 33, of Little John Court, was charged with first-degree burglary, said Officer Phil Russell, spokesman for Louisville Metro Police.

Richardson is accused of entering a building on a property off of Lena Lane in southeastern Jefferson County late Tuesday night.

As Richardson attempted to leave the property, a couple who own the building tried to stop him until police arrived, Russell said. The man and woman were not identified by police.

The woman tried to use a car to block the vehicle Richardson was driving, but he drove into the woman’s car, Russell said.

At some point during the altercation, the man fired a shotgun and Richardson was wounded, Russell said.

Richardson was taken to University Hospital for treatment. After he was released, Richardson was taken to Metro Corrections early this morning, according to Russell and jail records.

The man and the woman had not been charged as of yesterday afternoon, Russell said. The Commonwealth Attorney’s office may review the case to make sure there will be no additional charges related to the incident, he said.

Labels: KY, residence burglary

Burglar's Gun Taken, Pointed At Him

A burglary victim grabbed the burglar’s .40-calibre handgun and held him at gunpoint until police could arrive, according to Louisville Metro Police.

According to a police report, Douglas L. Speaker Jr. broke into a home in the 7000 block of Bronner Circle on Sunday around 8 a.m. when he was apprehended and held at gunpoint with his own gun.

Speaker has been charged with robbery, burglary and possession of a handgun by a convicted felon.

Labels: criminal's gun taken away and used against him, KY, residence burglary

An Eastern Kentucky Shooting Sends One Man To The Hospital

An investigation is underway this morning into a shooting that sent one man to the hospital.

It happened just before five last night on Kentucky 589 in Morgan County.

Police say Oakie Fannin drove to the home of his ex-wife Tameila Burchett, just minutes after he called her and threatened her husband.

Authorities tell us that Fannin then drove through the yard, then turned and headed directly for Charles Burchett.

That's when Mr. Burchett fired several shots at Fannin in self defense, hitting him several times.

Police say Fannin wrecked not long after leaving the home.

He is in stable condition this morning. So far no arrests have been made.

The case is expected to be presented to the Morgan County Grand Jury.

Labels: assault, domestic dispute, KY

Women with guns discourage home invaders

Lexington police are looking for two men wanted for a home invasion over-night and one of the suspects should be easy to spot. He's wearing only one shoe.

Police say the two men kicked the door open and rushed inside. Two armed women residents confronted the intruders and ordered them to their knees.

The shirtless men were not fools. They fled on their knees as fast as they could crawl. That's when one of them lost a shoe. A police dog sniffed the shoe, but no arrests were reported as officers searched the area.

Labels: home invasion, intruder, KY

LOUISVILLE, Ky. -- Police are calling the causes of death for two people found dead together in an apartment at the 1000 block of Muhammad Ali Boulevard a double homicide.

Metro police said a mother, Bonnie Porter, 45, and her son, Leon Porter, 28, were found dead in the apartment Thursday. Investigators said the son fired several rounds at the mother and, while defending herself, she shot him in the head, resulting in both their deaths.

Family members said Leon was being treated for mental illness.

Labels: defender killed, domestic dispute, KY

Wounded shooter may be charged

A Park City man may face charges after police said he shot into a home Wednesday - if he survives several gunshot wounds suffered when the person inside the home returned fire.

Kentucky State Police were called to 96 Tisdale St. after shots were fired and found Terry Conwell lying in the roadway, said Trooper Todd Holder, spokesman for Kentucky State Police in Bowling Green.

Conwell, 33, of Park City arrived at the residence and began shooting at the house with an AK 47, Holder said. Conwell then broke into the house by shooting off the doorknob.

When inside, Conwell continued shooting and Matthew Pulley, 20, of Bowling Green returned fire striking Conwell several times, Holder said.

The shooting occurred at 6:45 p.m., according to a state police report.

Conwell was removed from the scene, initially taken to The Medical Center and then transferred to Vanderbilt University Medical Center where he is in critical but stable condition, Holder said.

“Detective Forest Winchester will seek an indictment against Conwell with the Barren County Commonwealth's Attorney's Office based on his release from the hospital,” Holder said.

Conwell could face anticipated charges of attempted murder and first-degree burglary, according to state police.

There will be no charges filed against Pulley, Holder said. Monica Wilson, 19, and Joyce Davidson, 42, both of Park City, were inside the house as well when shots were fired.

Pulley, Wilson and Davidson were not injured, according to state police.

“There were some rumors this may have been because of an ongoing feud, but at this time those are just rumors,” said Barren County Sheriff Chris Eaton.

Conwell was attempting to get into the house because of an ongoing domestic situation, Holder said.

Labels: assault, domestic dispute, home invasion, KY

Murder charge dropped in shooting of 15-year-old

A murder charge against 19-year-old Troy L. Cole has been dropped after police determined that he was likely acting in self-defense.

Cole was charged with the murder of 15-year-old Jordan Adams, who was shot just after midnight Sunday in the 4500 block of Beechbrook Road in Newburg.

Lt. Barry Wilkerson said this afternoon that after interviewing Cole and witnesses, police believe Cole was being robbed by Adams and another 15-year-old when an altercation broke out and Adams showed a gun.

That prompted Cole to shoot in self defense, Wilkerson said.

The other 15-year-old, whose name has not been released because he is a juvenile, has been charged with robbery, Wilkerson said.

Cole is still charged with tampering with physical evidence, but his bond was reduced after the murder charge was dropped, Wilkerson said.

Adams was a runaway who dropped out of Seneca High School, according to Christopher 2X, a spokesman for his family.

Wilkerson said the commonwealth’s attorney’s office will review the case to determine whether any other charges will be filed in the case.

Robbery suspect accused of murder

Teen did not fire shots killing friend

When two 15-year-olds went to a Norfolk area home around midnight July 2 to rob 19-year-old Troy Cole, Cole fought back, shooting and killing one of them, Jordan Adams, who also had a gun, according to police.

But Cole isn't the person facing a murder charge in Adams' death. Dante Pardue is, Adams' friend and accomplice in the robbery.

Prosecutors acknowledge that Pardue not only didn't fire a shot, he wasn't even carrying a weapon. But he set the events in motion, recruiting Adams to commit the crime, Jefferson County Assistant Commonwealth's Attorney Khalid Kahloon said.

"But for Pardue soliciting this guy and giving him the idea, he (Adams) would not be dead," Kahloon said.

Cole, 19, was initially charged with murder after fleeing the scene and hiding his gun, but the charge was dropped when police determined he was acting in self-defense during a home invasion.

Kahloon acknowledges the case against Pardue is a legal rarity -- his office has not found a similar one in Kentucky -- but he believes the murder charges are appropriate under state law.

"If you engage in a dangerous felony and as a result someone is killed, you will be responsible for that person's death," he said.

But the Jefferson County public defender's office, which is representing Pardue, said the murder charge is not only unheard of, it's unfair.

"Everyone around here believes it's unprecedented," said Emily Farrar-Crockett, deputy division chief of the public defender's juvenile division. "It really makes no sense."

Farrar-Crockett said Pardue, who is also charged with robbery and burglary, didn't have a weapon, didn't struggle with Cole, played no part in Cole's decision to shoot Adams and had no idea Adams would die.

"There's no crime for the person who killed the individual. How can there be a crime for a bystander?" Farrar-Crockett asked.

"To say that an unarmed child is responsible for that, I think it's a real stretch."

Mother opposes charge

Pardue's mother, Rhonda Pardue, also said the murder charge is not appropriate, especially given her son's age, his cooperation with police and the fact that he didn't shoot anybody -- or, she says, mean any harm to Adams, his best friend.

"I'm not saying he's innocent of everything, but he should not be charged with murder. … He ran before anything happened," she said, adding that the charge will be on his record forever. "If he's found guilty or not, this is going to ruin his life."

(More)

Labels: KY, street robbery

Man Shoots and Kills Son-In-Law

Police say a homeowner shot and killed a man, suspected of trying to break into his home.

It happened in a trailer on Sinking Creek Road late Sunday night, just off west Highway 80.

Kentucky State Police tell 27 NEWSFIRST 46-year-old Jesse Justice reportedly tried to enter the home, and that he was armed with a Machete.

When police arrived, they found Justice dead at the scene, shot and killed by the homeowner, Paul Whitworth, the suspects father-in-law.

Police say that an active Domestic Violence Disorder was in effect at the time against Justice, taken out by his wife, Edna Whitworth, and her parents.

No charges have been filed in the case.

The incident remains under investigation by the Laurel County Major Crimes Task Force.

Labels: domestic dispute, home invasion, KY

Woman, grandchildren safe after attack by family pet

Often described as man's best friend, when a family's pet German shepherd suddenly and viciously turned on a woman and her two grandchildren last week, they found that man's best friend can sometimes also be his worst enemy.

"I'm just thankful we're all living," said Sylvia Kabler, the grandmother who has been credited with saving her two grandchildren's lives by her quick action when the dog, named King, attacked them. "I just thank God we're OK."

Describing the events of May 24, when the attack occurred, Kabler said she had just arrived home with her two grandchildren, a boy and a girl, both 4 years old, when she noticed King had broken his collar and was roaming about the backyard.

Though the children wanted to go outside to play, Kabler said she encouraged them to stay inside while King roamed about. When it appeared the dog, who had played with the children on previous occasions, had settled down a bit, Kabler and the children stepped out onto the deck of the house.

Kabler ultimately let the children go into the yard to play, and eventually they drifted around to the side of the house, out of her view.

"They played about an hour or so," she said.

Kabler, who remained on the deck, called her sister as the kids played. Then, suddenly, the young boy reappeared, and informed his grandmother the dog was "bothering" the girl.

Kabler peered around the side of the house and saw her granddaughter on the ground, the dog on top of her. What ensued next was a vicious game of tug of war over the girl.

"I just dragged her over to the side of the car," Kabler said, while the dog continued to bite at the girl's legs, pulling on the child. Kabler said she yelled for her grandson to go in the house and close the door.

Kabler managed to get her granddaughter in the car, but could not close the door as the dog was pushing his way in through the opening. Her grandson came back out of the house armed with a fishing pole, with which he attempted to hit the animal.

"He yelled, 'grandma, get in,'" Kabler recalled.

King turned on the boy, clawing his back and biting his leg, but Kabler managed to get her grandson into the car along with the girl, blocking the dog's access to the children with her own body.

Kabler still could not get the car door closed, and King continued his attack on Kabler, biting her a number of times. At one point, Kabler said she thought she was going to pass out.

Kabler pried the dog's teeth open to gain a moment's relief from the bites on her leg, and noticed another pet dog, named Rocky, nearby. Kabler said she yelled for Rocky to help her.

While she is not sure what Rocky did, King did suddenly turn and begin to pursue that dog. Kabler slammed the car door shut, safe inside.

When the door slammed, King's attention was once again redirected at the car. Kabler said the dog climbed on the door and the windows, attempting to get inside.

At one point, the dog wandered away to get a drink of water, and Kabler said she attempted to retrieve the cell phone she had dropped when the attack occurred, but the movement of the door opening attracted the dog's attention.

Fortunately, the sister Kabler had been on the phone with when the attack occurred heard what was happening and drove to Kabler's home. When she arrived, Kabler shouted directions at her.

"I told her not to get out of the car," Kabler said. "And get someone."

The sister left the three still inside the car to find someone who could shoot the dog. Two men at Ranger Steel, identified by police as Josh Vice of Maysville and Jason Smoot of Flemingsburg, followed the woman back to the home with a handgun.

The first shot was fired through the open window of the truck the men were in. The second shot killed the dog.

(More)

Labels: animal, KY

FUGITIVE CAPTURED WHILE HIDING BENEATH HOUSE

A Lexington man who was wanted by police was caught yesterday after he was held at gunpoint by a resident of a house he was hiding under. Eric Martin, 21, was apprehended a little before 2 p.m. at 3235 King Arthur Drive. He had hidden in a crawlspace under the house, said Lexington Police Lt. J.J. Lombardi. In recent days, Martin had fled police who had a warrant for his arrest related to an assault, Lombardi said. Several police, U.S. marshals and a police helicopter were in the neighborhood looking for Martin. He ran through several yards before trying to hide. "The resident that lives there held him at gunpoint until police caught up with them," Lombardi said. Martin faces several charges including assault, burglary and fleeing and evading police.

Labels: fugitive, KY

One tough beauty queen


Venus Ramey, 82, shoots tire, stops intruders

Venus Ramey has earned lots of fame in her 82 years.

She was Miss America 1944 and later a candidate for Cincinnati City Council and worked to save Over-the-Rhine's historic buildings. She performed on Broadway and in movies.

Now, though, she's in the news for another reason.

After confronting a man she said was stealing from her Kentucky farm, Ramey pulled out a gun and shot out a tire on his truck so he couldn't leave, allowing police to arrest him and two others.

"He was probably wetting his pants," Ramey said Thursday from her home in Waynesburg, about 140 miles south of Cincinnati.

Ramey was on her Lincoln County farm last week - "Friday the 13th, apropos date, isn't it?" she noted Thursday - feeding a horse when she saw her dog run to a nearby building where she stores old steel-shaping machines, lathes and other equipment.

"This stuff is over 100 years old," she said.

For some time, thieves had been breaking into the building to steal the machines to sell for scrap. She hadn't been able to catch anyone in the act until last week.

She drove over to the building and blocked the truck sitting there.

When she asked a man what he was doing, he replied "scrapping," and said he would leave.

"I said, 'Oh, no you won't,' and I shot their tires so they couldn't leave," Ramey said.

She had to balance on her walking stick as she pulled out a snub-nosed .38-caliber handgun.

"I didn't even think twice. I just went and did it. If they'd even dared come close to me, they'd be 6 feet under by now."

Ramey then tried to flag down people driving by. When one stopped, she asked them to call 911. Eventually, three people were arrested - one at the scene and two others walking on a nearby road.

"They've been stealing from me for years. Those good-for-nothing slobs," she said.

Ramey, who lived in Cincinnati on and off for about 30 years, admitted that she is known for taking chances for what she believes in.

(More about her past)

Labels: KY, residence burglary

Clerks Attack Robbers

Police said two men entered Expressway Liquors at the 300 block of Lee Street, pointed guns and demanded cash.

But a clerk had other ideas.

“There was a clerk in the back room who heard the commotion,” owner Kenny Singer said. “He had a weapon with him, as he came out the door, the man was pointing a weapon at him and my clerk just started firing.”

The clerk fired five shots as the robber retreated. Police said Terrance Daniel Wilburn was caught on tape stumbling out of the store after the botched robbery. Police said he or an unidentified accomplice might have been shot.

But Louisville Metro police public information officer Dwight Mitchell said both clerks were lucky that they didn’t get themselves hurt. He said employees should comply with robbers’ demands, be good witnesses and not take aim at robbers.

“(Fighting back) serves as a tremendous risk you’re taking,” Mitchell said. “Does that risk outweigh the outcome?”

Both owners acknowledge a risk, but also a reward.

Just inside Singer’s door is a sign about robbers doing time. Next to it is a sign warning of a potential death sentence.

“When these guys take it upon themselves that they're going to just take a gun and go in and hold up a place I feel sure, one day, one of them's just going to be laying on this floor,” Singer said.

Read more about 2nd clerk with taser

Labels: business robbery, KY

Pair Sought In Home Invasion Attempt

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

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

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

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

Gibson was not hurt in the incident.

Labels: home invasion, KY

Homeowner fatally shoots intruder

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

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

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

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

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

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

Charges unlikely in intruder case

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

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

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

Labels: home invasion, KY, residence burglary

Man fatally shoots alleged intruder

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

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

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

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

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

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

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

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

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

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

Labels: home invasion, KY, residence robbery

"The camera showed very clear who it was. You could see a face," said Wayne Karczewski, the store owner.

Thursday night the cameras at the Sharpsburg Super Market captured video of this man walking to the back of the store. Karczewski's office is just out of range of the camera and that's where he was headed.

"It was my change drawer, all the money was gone," Karczewski said.

When Karczewski noticed the missing money he called police and they went to work on trying to identify the man from surveillance video.

"This guy came in and I was just taken aback that someone would return that quickly, Karczewski said.

The same man returned the very next morning and headed straight for Karczewski's office again.

"I immediately grabbed my gun pulled it out of the holster, Karczewski said."

Karczewski confronted the man about the missing money and called 911 all the while keeping his gun out and ready if the man should try to get away.

"It's my stuff. They violated my place. They violated my family. They violated the people who work for me."

When police arrived and interviewed the man he admitted taking the money and told Karczewski he was sorry. While Karczewski says he doesn't hold any animosity against the thief, he says he'll never let someone take advantage of him again.

Labels: business burglary, KY

OPD: Burglary suspect escapes bullet, arrested

A burglary suspect is behind bars after nearly being shot by a homeowner.

Owensboro Police say 30-year-old Eric Brown unlawfully entered the home of Donald Oakley on Cullen Avenue around 2:30 Wednesday morning.

Investigators say Brown had earlier assaulted Oakley's adult daughter at a different home. Police say Brown threatened the homeowner who fired a 9mm handgun at Brown but missed.

Brown was later arrested on a long list of charges.

Labels: KY, residence burglary

MAN NOT CHARGED IN SLAYING

A Kenton County man who allegedly shot his neighbor to death Saturday night has not been charged, but an investigation is continuing. Robert T. Pierson, 47, allegedly shot and killed Glenn T. Miller, 53, shortly after 7 p.m. Saturday near Pierson's home on Steep Creek Road, said a news release from the Kenton County police department. Police said Pierson told them that he went outside with a semi-automatic rifle to investigate someone with a flashlight walking in a creek bed beside his house. The person turned out to be Miller, a neighbor. Pierson said he confronted Miller about what he was doing, and an argument ensued "over ownership of the property and dogs running at large." Police said Pierson told them that Miller pointed a handgun at him during the argument, and Pierson fired "several times in self-defense, striking Mr. Miller in the torso." Pierson then called 911. Police found Miller, who had been shot at least twice, dead in the creek bed with a revolver beside him. Pierson told police that dogs had been killing his cats, and that he had shot and killed one of Miller's dogs earlier Saturday. A dead dog was found near Miller's body, but police said Pierson told them it was not Miller's

Man cleared in fatal shooting of neighbor

A Ryland Heights man has been cleared of any criminal wrongdoing related to his fatal shooting of a neighbor who he said trespassed onto his property and threatened him with a gun.

A Kenton County grand jury heard the case Tuesday and issued no indictments against Robert T. Pierson for the Dec. 30 shooting of Glenn T. Miller, said Commonwealth Attorney Rob Sanders.

Miller "confronted the homeowner on the homeowner's property, after dark, with a handgun," Sanders said. "He confronted Mr. Pierson ... who subsequently fired several rounds from a semi-automatic rifle."

Miller, 53, died near a creek bed after being shot twice in the chest, Kenton County police said. A handgun was found beside him, police said.

They said Pierson called them after the shooting and told them what happened. He said he fired his rifle in self defense. Sanders said his story remained constant over several tellings, and physical evidence backed up what he said.

The state's new law allowing homeowners and landowners more leeway in using deadly force against trespassers also helped guide his presentation of the case and likely impacted the grand jury's deliberations, Sanders said. Pierson was never charged with any crime, he said.

"It was basically a death investigation, and the grand jury decided that no charges were appropriate," he said.

Pierson called police about 7:15 p.m. and told them he had seen someone walking in a creek bed on his land, carrying a flashlight. He grabbed his semi-automatic rifle to investigate, police said he told them. When he reached the creek, he confronted Miller, and an argument started over who owned the property. Pierson told police that during the verbal altercation, Miller pointed a handgun at him several times, and he responded by shooting Miller with the rifle.

Pierson told police the two also argued over dogs running loose, and Pierson said he had shot one of Miller's dogs earlier that day. Pierson said the dogs were killing his cats, police said.

Labels: altercation, KY

It all came down to survival for Holton Smith on Saturday, Dec. 2 as he faced an intruder in his bedroom.

Two men in their mid-20s broke into Smith's home on Baton Rouge Road in Williamstown around 4 p.m. One came into the bedroom while the other stayed at the front door.

"My wife and daughter were gone so I thought I'd take nap. I left the bedroom room cracked open so our dog, Schottzie, could come in," said Smith. "He left the room, then came back in and licked my fingers, then left again.

"Then I heard the doorbell ringing," he added.

Smith said the ringing continued, followed by loud knocking on the door. Then came the unmistakable sound of his new front door being kicked in.

"I could hear someone coming when the doggie-gate fell down," said Smith. "That's when it crossed my mind that this was a life-or-death deal."

Smith grabbed a .38-special from a nearby chest of drawers.

"I couldn't get the gun out of the holster but I pointed it right at the man's face while we looked at each other," said Smith. "I knew I had to hold the gun steady."

...

"I knew that I had to get more space between me and that fellow," said Smith. "We were too close."

Then the man turned and ran toward the front door with Smith on his heels.

"The one almost ran over the other as they tried to get out," said Smith.

Both men were wearing blue jeans; one in a white shirt, the other wearing blue.

Smith fired two warning shots over their heads as they ran from his house toward Arnie Risen Boulevard.

"He could have easily shot them but he chose not to," said Williamstown Police Chief Bobby Webb.

"The only way I could've shot him was in the back and I didn't want to do that," said Smith. "I don't want to kill anybody."

Nothing was taken during the break-in.

Williamstown Officer Ron Perkins continues to investigate the incident. Deputies from the Grant County Sheriff's Office and the Kentucky State Police also assisted at the scene.

...

Smith said the event continues to play out in his mind as he weighs his decision - did he do the right thing by not shooting the men or were warning shots enough?

"This isn't about bravery. I knew I was scared but it was about survival," said Smith. "I far as I was concerned, I was facing the enemy."

Labels: home invasion, KY

Allen County Man Scares Away Home Invader

Kentucky State Police want to find two men who tried to force their way into an Allen County home early Tuesday morning.

The alleged home invasion happened around 3:00 AM at Gordon Absher's house at 3440 old Bowling Green Road in Scottsville.

Absher says someone rang the doorbell. When he looked outside he saw two men with their faces covered holding shotguns. Absher opened the door and pointed a pistol and one of the suspects, then grabbed his gun. Absher says the two men ran down the driveway to their truck, leaving the shotgun and other evidence behind.

Police are looking for two white men in their early 20's, traveling in a small dark-colored pick-up truck.

State police have made two arrests in connection with an attempted home invasion that was foiled by the homeowner.

Trooper Jimmy Kitchens says the two men were armed with shotguns and the homeowner was also armed. When the man opened the door, he took the shotgun away from one of the suspects and pointed his own gun at the two, who ran from the scene.

Under arrest and charged with first-degree robbery are: 20-year-old Wesley Perkins of Adolphus and 21-year-old Benjamin Yoder pf Franklin. They're being held in the Allen County Jail.

Labels: home invasion, KY

Man Accused Of Murder Is Cleared

A Floyd County man accused of murder is cleared after a grand jury did not hand down an indictment.

Police say former Luv Homes Manager Mike Kirk shot and killed a man at the dealership in March of last year.

Kirk claimed the man, Ronald Dillon, was breaking into the business.

Kirk said Dillon told him he had a gun, but police didn't find a gun on Dillon after the shooting.

The grand jury report says they think Kirk shot Dillon out of self-defense because he believed his life was in danger.

Labels: business burglary, KY

Lexington store clerk shoots, kills robber

A Lexington store clerk shot and killed a man who attempted to rob a downtown market this morning, Lexington police said.

Charles F. Harmon, 26, of Lexington entered SubCity Market, at the corner of East Seventh Street and Shropshire Avenue, just before 9:30 a.m. and demanded money from the clerk behind the counter, Lexington police Lt. James Curless said. The clerk pulled out a handgun and shot Harmon, who stumbled outside the store and collapsed.

The clerk then called 911, Curless said. When firefighters arrived they performed CPR on Harmon and transported him to the University of Kentucky Hospital, where he was pronounced dead at 9:58 a.m., according to Fayette County Coroner Gary Ginn.

Police do not plan to file charges against the female store clerk, whom police did not identify.

Curless said Harmon implied to the store clerk that he had a weapon.

Police reviewed the store's surveillance video and found that the clerk's description of the robbery was accurate, a key factor in the decision not to file charges, Curless said.

"The law allows you to use force, up to deadly force, to defend yourself if you are in fear of your life," Curless said.

No customers were in the store at the time of the robbery attempt, he said.

The SubCity Market, located at 500 East Seventh Street, has been robbed several times in the past year and was burglarized a week ago, according to Lexington police. In past attempts, the clerks have complied with the requests of the robbers.

"This clearly paints a picture of the dangerous environment of armed robberies, whether you are the robber or whether you are the clerk," Curless said.

Labels: business robbery, KY

Double Shooting May Be Self-Defense

2 Suspects Hospitalized

Metro police officers were called to the scene of a shooting around 5 p.m. Tuesday.

Investigators told NewsChannel 32 that two men tried to rob another man in the 3800 block of River Park Drive.

Police said the two suspects pistol-whipped the other man who then pulled out a gun and shot the two would-be thieves.

One man was shot in the leg. The other was shot in the butt.

The two were transported to a local hospital.

The incident remains under investigation.

Police: Liquor store owner shoots would-be robbers

Three men — including a liquor store owner — went to hospitals after a robbery outside Wilson's Liquors in the Shawnee neighborhood just before 5 p.m. yesterday.

The store owner, who is 81 years old, shot the two men, ages 17 and 21, after they pistol-whipped him, said Officer Dwight Mitchell, a Louisville Metro Police spokesman.

None of the injuries appeared to be life-threatening, he said. No names were released, but relatives identified the owner as James Wilson. He was released from University Hospital last night. The owner was parking his car behind the store, at 3804 River Park Drive, when the two attackers tried to rob him, Mitchell said.

The owner pulled a gun and shot at the robbers, who ran off, Mitchell said. Police would not specify either the number or nature of their wounds.

Officers found one suspect five doors down from the liquor store. He also was taken to University Hospital. The other suspect turned up at Jewish Hospital, Mitchell said.

Labels: KY, street robbery

CONVICTED FELON SHOT, KILLED BY SON

A Perry County man was shot to death yesterday as he and two sons exchanged gunfire across a creek at Leatherwood, chief deputy sheriff Randal Poff said. The victim, Zendell Ray Adams, 44, of Slemp, was shot once through the neck, but no one was arrested because both sons apparently returned fire with .30-caliber rifles, Poff said. One son, William J. Hensley, 24, was arrested on an outstanding Leslie County warrant, but Tony Allen Hensley, 18, was not taken into custody. The case will be presented to a Perry County grand jury, he said. The shootout resulted from a domestic dispute between Adams, a convicted felon, and the mother of his six children, whom he never married, Poff said. Earlier in the day, Adams used a baseball bat to attack a van in which the sons were riding, he said. The sons retreated to an in-law's home across the creek from a Leatherwood liquor store before Adams arrived and opened fire on the house with a shotgun. Witnesses said the sons returned fire, according to Poff, who added that Adams also was the father of five other children with another woman. The victim was pronounced dead in the liquor store parking lot, he said.

Labels: domestic dispute, KY

Man wounded in gunfire with burglar

A homeowner was injured when he exchanged gunfire with a burglar at his Fredonia home early Saturday.

Larry W. Yancy, 56, was shot in his left calf when he confronted a burglar in the stairwell of his home shortly before 3 a.m.

He was treated for his wound at Caldwell County Hospital and released.

Kentucky State Police reported that Yancy was asleep when he was awakened by noises coming from downstairs in the residence. Taking a pistol with him, he went to investigate and he encountered an intruder.

The intruder fired several shots at Yancy, police said, and Yancy returned fire. The intruder ran into a garage and out of the residence on foot. At that time, another person was also seen fleeing on foot.

Nothing was taken from the home, police said, and it was unknown whether either suspect was hit by Yancy's shots.

The intruder Yancy encountered in the house was described as a white male, dressed in all black clothing, including a black jacket with a hood. He was also wearing a mask and gloves. The second suspect was also reported to have been dressed in black or dark clothing.

Labels: business burglary, defender shot, KY

Citizens Help Catch Bank Robber

According to police, two citizens helped catch a bank robber Wednesday in Harlan. When police arrived at the Home Federal Bank, two citizens were holding the suspect at gunpoint.

Daniel L. Stines, 60, of Loyall was arrested and now faces several charges. After Stines was taken into custody, a handgun and what appeared to be an explosive device was discovered.

A state police bomb unit was called in to dispose of the device. No one was injured.

Labels: business robbery, KY

One person is dead after a shooting Tuesday night in Perry County.

Officials said Robert Shepherd was pronounced dead at the Hazard ARH.

Police were called to a home on Moore Street in Hazard around 8 p.m. where they found Shepherd shot in the chest.

The shooting happened in Shepherds' parents house. Shepherd lived next door.

Police said he was shot by his stepfather, Herman Trent, after what appears to be a domestic dispute.

"Preliminary investigation as of right now appears to be possibly a case of self-defense, but again, we are still investigating," said Hazard Police Chief Ronnie Bryant.

No charges have been filed against Trent.

Labels: domestic dispute, KY

Owensboro Man Found Dead

An Owensboro man is dead after his attack goes awry.

Police say they found 38-year-old David Hardy dead around 3 a.m. Saturday in the Ever Day Laundromat in Owensboro.

They believe he was shot once in the chest after he tried to attack 40-year-old David Ranburger outside of the 24-hour laundromat.

Police say Ranburger isn't in custody because he may have been acting in self-defense.

Labels: assault, KY

Police: Hall of fame hunter shoots alleged intruder

A member of the Kentucky Turkey Hunters Hall of Fame fatally shot an alleged intruder in his home early today, Kentucky State Police said.

Roland Burns, 65, of Rush, told investigators that he awoke shortly before 12:30 a.m. EST to find the man in his home in rural Boyd County, Trooper Ed Ginter said.

Shannon Scott Conley, 32, of Rush, was pronounced dead at the scene.

No charges have been filed in the case. State police are investigating.

Ginter said Burns told investigators that he was awakened by a vehicle in his driveway. He said he went to investigate and found the alleged intruder in his house. Burns told police he returned to his bedroom for a gun.

"Mr. Burns ordered the man to leave the home," Ginter said in a press release. "A struggle ensued, and Mr. Conley was fatally wounded."

Burns, who was inducted into the Turkey Hunters Hall of Fame in 2003 by the Kentucky chapter of the National Wild Turkey Federation, was not injured, Ginter said.

Charges Unlikely Against Hall Of Fame Hunter Who Shot Alleged Intruder

Charges are unlikely to be filed against a member of the Kentucky Turkey Hunters Hall of Fame who fatally shot an alleged intruder in his home early Friday, according to officials.

Roland Burns, 65, of Rush, told investigators that he awoke shortly before 12:30 a.m. Friday to find the man in his home in rural Boyd County, Trooper Ed Ginter said.
Shannon Scott Conley, 32, of Rush, was pronounced dead at the scene.

Boyd County Commonwealth's attorney J. Stewart Schneider says it is unlikely he will charge Burns with a crime. He said Tuesday that it looks like Burns acted within state law when he shot and killed Conley.

Relatives say Conley had grown up in the house where burns and his family now live. They say the former Marine, actor and model, was bi-polar, and that, as a child, his father had told him there was hidden treasure in the house. They also say Conley was obsessed to the point of madness to get back into his family's former home.

Ginter said Burns told investigators that he was awakened by a vehicle in his driveway. He said he went to investigate and found the alleged intruder in his house. Burns told police he returned to his bedroom for a gun.

"Mr. Burns ordered the man to leave the home," Ginter said in a press release. "A struggle ensued, and Mr. Conley was fatally wounded."

Burns, who was inducted into the Turkey Hunters Hall of Fame in 2003 by the Kentucky chapter of the National Wild Turkey Federation, was not injured, Ginter said.

Labels: intruder, KY

Homeowner Fires Shots At Intruder

A crime alert in Maysville. Police are searching for a burglary suspect.

Investigators say a man broke into a home Monday, while the homeowner was asleep. Police say the suspect took off when the homeowner pulled out a gun and fired shots.

Police found the suspect's car abandoned.

Police believe the suspect is 29-year old Samuel Jones of Paris. They say Jones is considered armed and dangerous.

Labels: KY, residence burglary

Violent Robbery

A violent robbery sends the suspect to a hospital with gunshot wounds.

It happened at Noble's Grocery on Highway 52 in the Athol community.

State police say Paul Edward Hahn came into the store armed with a shotgun.

He demanded money from the clerk, Hazel McNight.

After McNight gave him one thousand dollars... Hahn left the store and was approached by the store owner, Eddie McNight.

Police say shots were exchanged and Hahn was struck twice.

He was flown to the U.K. Medical Center.

His condition is not known.

Police say warrants will be issued for Hahn's arrest.

Nobody else was injured.

Labels: business robbery, KY

PRESTONSBURG - The Iraq war has been a divisive issue in America for more than two years now, but a shooting at an Eastern Kentucky flea market this week might have marked the first time a dispute over the war has resulted in a death.

A quarrel between two firearms vendors at a Floyd County flea market on Thursday allegedly led both men -- described as "good friends" -- to draw guns. Douglas Moore, 65, of Martin, who supports the war, shot and killed Harold Wayne Smith, 56, of Manchester, who opposed it, investigators said.

Moore was questioned at the Floyd County Jail, but he was released without being charged after Kentucky State Police said it appears he acted in self-defense.

Labels: altercation, KY

An Eastern Kentucky farmer refused to let his home be burglarized.

The Madison County man became suspicious when he saw a strange car parked in his driveway.

That's when he got his gun and caught two men robbing his home.

One man got away, but the farmer held the other at gunpoint until police came.

Labels: KY, residence burglary

Investigators are trying to determine whether it was self-protection or aggression that left a Warsaw man with a gunshot wound to the leg Monday night.

No arrests have been made in the 11:25 p.m. shooting that sent James McMahon, 20, to University Hospital in Cincinnati.

Anthony "Scott" Cooper, 26, of Walton called deputies to 12 S. Main St. in Walton at 11:22 p.m. complaining that a man was at his door, refusing to leave, said Boone County Sheriff's Department spokesman Deputy Tom Scheben.

...

"McMahon was banging on the door and Cooper called police and said he's banging on the door and if he comes in, I'm going to shoot him," Scheben said of the call recorded by Boone County dispatch.

Scheben said it appears that McMahon did enter the apartment and was shot about three minutes after the original call to dispatch, when there was a second call reporting a shooting.

McMahon was apparently unarmed, Scheben said, but it remains unclear whether he forced his way into the apartment.

Kentucky law permits residents to shoot intruders who break into their homes in some circumstances, but Scheben could not say whether those circumstances existed in Cooper's apartment Monday night.

Labels: home invasion, KY

Argument Over Iraq War Prompts Fatal Shooting

A disagreement over the war in Iraq between two friends ended with the fatal shooting of one of the men.

Prosecutors and Kentucky State Police determined that Douglas Moore, 65, of Martin, acted in self-defense. Police did not arrest Moore after the shooting at the Bull Creek Trade Center near Prestonsburg Thursday morning.

The victim, Harold W. Smith, 56, of Manchester, and Moore were friends who each had booths at the center. Smith was shot once in the chest and died at the scene.

They began arguing over the war, said Floyd County Coroner Roger Nelson. "I think Doug was supporting it, and this other guy was against it," he said.

Police said the argument escalated into a fight, and Smith drew a small pistol from his pocket, threatening to kill Moore. Witnesses said Moore pulled a .38-caliber pistol from his pocket and shot Smith once in the chest.

Nelson said he found "a little derringer lying adjacent to Smith's hand where he fell."

Commonwealth's Attorney Brent Turner will decide whether to present the case to a grand jury after state police complete an investigation.

Labels: altercation, KY

79-Year-Old Shoots Two Intruders In Home, Police Say

A 79-year-old man with a .357 magnum revolver shot two men after they broke into his home overnight, police said.

Police answering a call about a break-in and burglary found two men shot outside a home on Ellen Kay Drive in Grant County.

The shootings happened just before 5 a.m. Saturday.

Police said they found one wounded man in the driveway and followed a trail of blood to the other man nearby.

AirCare helicopters flew the men to Grant County Hospital.

Police are investigating.

Labels: KY, residence burglary

No Indictment In Fatal Shooting

A grand jury has dismissed murder charges against a University of Kentucky student who shot a Louisville man in a struggle outside a Lexington apartment complex.

Twenty-year-old UK junior Brian Briggs said in an interview that he told a grand jury Tuesday that he shot 22-year-old Cory Harris in self defense. He says Harris threatened to kill him during a May 2nd robbery. Harris died a day later.

Grand juries meet in secret to decide if prosecutors have sufficient evidence to make a suspect stand trial. Authorities must prove only they have probable cause to proceed.

It was the second time in four months that a Lexington grand jury has dismissed murder charges against a suspect. Charges against Lucian Anderson, who shot a man in his driveway on Christmas Day, were dismissed by a grand jury in March.

Labels: KY, street robbery

Man killed in Georgetown

Two are shot after going to man's door

Their faces hidden by bandannas, several men appeared on the front porch of a home on Elkhorn Meadows Drive late Monday, apparently with a plan to rip off the suspected drug dealer inside, police said.

Instead, one of the men was killed and another was hospitalized with gunshot wounds.

Authorities later found more than three pounds of marijuana inside the house, according to an arrest citation.

The shooting took place about 11:30 p.m. Monday at 186 Elkhorn Meadows Drive in the subdivision of the same name near the Georgetown bypass.

The man inside, Sammy C. Whitaker Jr., heard a knock, saw the men outside and grabbed a 9mm handgun before allowing the men inside, said Georgetown Police Capt. Scott Starns.

One of the men, Edwin Eugene Smith, 27, of Lexington, held a .22-caliber handgun. Moments later, Whitaker, 23, fired several times, mortally wounding Smith in the chest and striking another man, Richard T. Spencer, 28, in the abdomen and hand, Starns said. Police said Whitaker's shots appeared to be in self-defense.

Wounded suspect sues homeowner

A Lexington man police claim was shot while trying to rob a Georgetown man of drugs is suing the homeowner, citing issues of physical, mental and emotional anguish.

In a lawsuit filed April 10 in Scott Circuit Court, Richard T. Spencer, 29, is seeking an unspecified amount of money for what he alleges is suffering he has experienced as a result of being shot by Sammy J. Whitaker Jr. on April 11, 2005.

Spencer and Travis W. Hall, 25, also of Lexington, were both arrested and charged with first-degree robbery and first-degree burglary for trying to break into Whitaker's Georgetown home.

In the lawsuit, Spencer alleges that the incident was not a robbery gone bad as police have suggested, and instead claims he had been invited to Whitaker's home.

Georgetown police said that Spencer and Hall, along with Edwin Eugene Smith, 27, went to 186 Elkhorn Meadows Drive during the night, intending to rob Whitaker of marijuana and money they knew he kept inside his house.

The men, carrying guns with their faces covered with bandannas, then approached the house and met Whitaker at his front door, police said. Whitaker opened fire, striking Spencer in the hand and abdomen and hitting Smith multiple times in his upper torso, police said.

Smith, of Lexington, died a short time later at Georgetown Community Hospital, where he had been taken by Georgetown-Scott County EMS. Police said EMS was alerted to the scene after Whitaker, as well as several neighbors who heard the gunshots, made 911 calls.

With Hall driving, Spencer fled the scene and was dropped off near Blockbuster Video on South Broadway before a pizza delivery man drove him to the Georgetown hospital, police said.

In addition to Hall and Spencer's charges, Whitaker, 24, was arrested and charged with drug trafficking in connection with the more than three pounds of marijuana police confiscated from his home.

Due to the amount of drugs and the guns involved, the entire case was taken over by the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives. Doug Robinson, an ATF agent involved with the case, said the entire matter is still pending in the federal court system in Lexington.

Whitaker was not charged with shooting Spencer or Smith, as police said he had been acting in self-defense at the time of the incident.

Spencer's lawsuit, however, alleges that Whitaker had shot him “intentionally, wantonly, recklessly and/or negligently,” constituting what he claims was “outrageous conduct and assault and battery.”

As a result of the shooting, Spencer has “suffered and continues to suffer physical, mental and emotional pain and anguish, bodily injury, wage loss and impairment of his ability to earn a living,” the lawsuit states.

Spencer is seeking an unspecified amount of punitive and compensatory damages from Whitaker in the lawsuit and is requesting a jury trial.

Labels: home invasion, KY, residence robbery

Home Invasion Suspect Killed By Homeowner

State police say a fatal shooting in an Adair County residence will be turned over to a grand jury for investigation, but an indictment would appear unlikely.

Someone broke into the residence of Ozie and Evelyn Toole, 14 miles west of Columbia at 3am Sunday.

State police say Ozie Toole confronted the intruder and shot him. The Adair County coroner says 21-year-old Stephen Penn of Columbia died at the scene.

A police report says entry was gained through a broken window. Investigators say the same residence had been entered earlier in the day when the Tooles were not home and that Penn was also a suspect in that break-in.

Police tell 27 NEWSFIRST Penn had worked for the family and was a neighbor. Penn's family members think he was trying to steal prescription drugs.

Labels: intruder, KY

Burglary Suspect Shot, Killed In Mobile-Home Lot

A Floyd County man was shot to death Tuesday night while attempting to burglarize a double-wide trailer in an Eastern Kentucky mobile-home lot, Kentucky State Police said. The victim, Ronald Dillon, 33, of Ivel broke into the trailer, where he was confronted by Mike Kurt, manager of Luv's Mobile Homes at Ivel, police said. Kurt, who was waiting inside the trailer at 10:08 p.m. -- he had been burglarized several times recently, investigators said -- shot Dillon twice in the chest with a 9-mm pistol, police said. Dillon, who lived next door in a mobile-home park, was pronounced dead at Highlands Regional Medical Center near Prestonsburg by Floyd County Coroner Roger Nelson. Police did not indicate whether Dillon was armed. No charges have been filed in the case, which is under investigation by state police.

Labels: KY, residence burglary

No case, therefore no guilty verdict for storeowner

Juror Cole Lattimore carefully chose his words as he left Judge Martin McDonald’s court, having never heard the whole story about how Firas Al Kurdi shot and killed James Abdul-Shajee during an armed robbery.

“I said the case was not made, and I agreed with the judge,” Lattimore said. With that simple statement, Lattimore kept his mouth shut.

In dismissing the case, McDonald didn’t.

After agreeing to a defense motion for a directed verdict, McDonald lamented the case even reaching his circuit court. “It was troubling to me from the get-go,” McDonald said of the murder charges levied against Al Kurdi, stemming from an armed robbery of his store, the Shelby Food Mart. “I am puzzled how this case got by the grand jury.”

Al Kurdi went into work Oct. 12, 2002, and was there only a few moments before Abdul-Shajee entered the store brandishing a knife and demanding money. Abdul-Shajee grabbed Al Kurdi from behind and held the knife to his throat. Abdul-Shajee then cut Al Kurdi across the throat and made several swipes at his face, severely cutting Al Kurdi’s nose.

Another employee of the store pulled out a handgun kept behind the counter, but Abdul-Shajee quickly told him to put it down. Meanwhile, witnesses said, Al Kurdi was yelling for someone to shoot Abdul-Shajee. A struggle between the two men ensued, Al Kurdi took control of the gun, and Abdul-Shajee was shot three times. Al Kurdi then beat him with the gun and a baton-style club also found at the scene.

While this would be Abdul-Shajee’s last stick-up, it was definitely not his first.

He had 10 previous convictions, including seven armed robberies, including one of the Star of Louisville dinner boat, two wanton endangerments and a kidnapping.

Rob Bonar, the assistant commonwealth attorney, never tried to deny Abdul-Shajee went into the Shelby Food Mart to rob it. But he seriously questioned whether he deserved to die. “What this was was a factual dispute,” Bonar said after McDonald’s ruling.

Though prosecutors argued Al Kurdi went too far, and that Abdul-Shajee’s death was murder, McDonald didn’t even come close to agreeing after prosecutors Mac Shannon and Bonar finished their case. “If there is a victim in this room right now, it is Mr. Al Kurdi,” McDonald said.

Then he said it. The thing every sound-biter of local news will remember. “He was viciously assaulted by this animal and his actions were completely reasonable under the circumstances.”

Labels: business robbery, KY

KY Woman Not Charged For Killing Husband During Fight

Investigators say a Magoffin County, Kentucky man who was killed in a shooting Saturday was trying to strike his wife when she pulled the trigger.

Forty-five-year-old Mark Arnett of Salyersville was pronounced dead shortly after the shooting about 5:30 p.m. by Magoffin County Deputy Coroner Herman Dyer.

Kentucky State Police Detective Steve Bowman said in a report that his wife, Marie Arnett, shot him with a .357 caliber handgun during a fight.

Bowman says Marie Arnett hasn't been criminally charged because witnesses said she shot in self-defense.

But the case will be presented to a grand jury, which will decide whether charges should be filed.

Labels: domestic dispute, KY

A 4-year-old Hodgenville girl was in critical condition yesterday at Kosair Children's Hospital after being attacked by a dog in her back yard.

Emily Paige Stinnett was playing with her 3-year-old stepsister Monday night on a swing set near where the family's 80-pound pit bull was chained. The dog was able to pull the tie-down out of wet dirt, said LaRue County Sheriff Bobby Shoffner.

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The girl's mother, Alicia Stinnett, was home but unaware of the attack until she went to the yard to check on the girls, the sheriff said. After unsuccessfully trying to get the dog to release her daughter's head, Alicia Stinnett went down the road to a friend's house, who returned with her and got the dog off the child, Shoffner said.

He said the friend shot the dog several times and it went to its doghouse. When Deputy Russell McCoy arrived, he fatally shot the animal.

Labels: animal, KY

Kelly O'Hara contended all along that he was acting in self-defense when he shot and killed his girlfriend's ex-husband during a struggle last January.

Yesterday, a Jefferson Circuit Court jury acquitted him of a murder charge in the death of Michael Henry — and refused to find him guilty of any lesser crimes, including manslaughter or reckless homicide.

Labels: domestic dispute, KY