Civilian Gun Self-Defense Blog

ROCHESTER — Brad Correia had just returned to his home on Mattapoisett Road from a trip to the White Mountains with his wife and two children about 10:30 p.m. Sunday when they heard a knock at the front door.

Mr. Correia, 45, was tucking his 7-year-old son and 8-year-old daughter into bed. His wife went downstairs to see who was at the door and found a young man standing outside asking for help. Before opening the door, she summoned her husband.

"Before I went downstairs, I tucked my .45 into the back of my pants," Mr. Correia said.

Mr. Correia opened the door and Steven Grover, 18, of New Bedford, reported that his car had broken down on the interstate.

Since the family had just driven home from out of state, they had no way of knowing that a manhunt for three suspects in a purse-snatching was in progress.

"I could see that he was in pretty rough shape," Mr. Correia said of the unexpected visitor. "His clothes were soaked, he was bleeding and he'd lost one sneaker in the mud when he broke through the ice. I thought that if he were my son, I'd want someone to help him, so I let him in."

Mr. Correia permitted the fugitive to use the house phone while providing him with hot tea, dry clothes and hot water to soak his chilled feet.

"He made some calls, but he couldn't get anyone to come and get him," Mr. Correia said. "He wanted to call a cab, but he had no money, so I said I would pay."

By then, however, Mr. Correia had grown suspicious of his visitor because his story kept changing as it went along, he said.

"It just didn't add up, so I called 911 and asked them if they were looking for anyone."

Based on the description provided by the police, Mr. Correia realized that his guest was a wanted man.

"When it dawned on him that I was talking to the police, he jumped out of his chair. That's when I pulled my gun. I told him to sit back down, that the police were on their way, and he did."

"I've had my permit since I was 18, and that's the first time I've ever pointed a gun at another human being. I hope I never have to do it again. I tried to be a nice guy, but he had nothing to lose at that point. He knew he was going to jail."

Labels: fugitive, MA

Police said they followed a trail of blood to capture a city man who was shot by a convenience store clerk during a botched robbery attempt yesterday morning.

The clerk had been pistol-whipped during the crime, and had a cut to his head, said Detective Bureau Capt. Robert T. McFarlin. The clerk, a 44-year-old native of Iraq, will not be charged, he said.

As described by police, two males entered Wheeler's convenience store at 597 Dickinson St. around 11:20 a.m. One had a stun gun and the other a semi-automatic handgun. A struggle ensued, and the clerk took the handgun and shot one of the suspects in the leg.

Police followed the blood and found Abraham Ramos, 20, of 227 White St., in a garage at 146 Draper St., McFarlin said. He was taken to Baystate Medical Center where he was being treated for a gunshot wound to the leg.

Labels: business robbery, MA

Shooting victim now charged in connection with house break

A 24-year-old city man, allegedly shot in the neck during an armed house break, has been arrested on home invasion and gun charges in connection with the break.

Brandon L. Medeiros of 450 Kempton St. is charged with four counts of armed home invasion with a firearm, two counts of armed assault with intent to commit robbery with a firearm, two counts of assault and battery with a dangerous weapon, unlawfully carrying/possession of a firearm, discharging a firearm within 500 feet of a building, armed burglary with a firearm and unlawful possession of ammunition, according to New Bedford police.

Gregg Miliote, a spokesman for the district attorney’s office, said Mr. Medeiros will be arraigned on the charges today in New Bedford District Court.

He added that prosecutors will seek a dangerousness hearing to hold the suspect for up to 90 days while awaiting trial.

He said Steven Gagne, an assistant district attorney, has had preliminary discussions with Christopher Markey, the defense attorney for Mr. Medeiros, and a dangerousness hearing has been tentatively scheduled for Friday in New Bedford District Court.

The charges stem from a house break at 33 Sycamore St. about 8:15 p.m. Monday when a gun discharged during a scuffle between two suspects and the male occupant.

Mr. Miliote said prosecutors allege one of the suspects is Mr. Medeiros.

Mr. Medeiros was taken to St. Luke’s Hospital, New Bedford, and then flown by medical helicopter to a Boston hospital. Police found Mr. Medeiros when they responded to a report of a man shot laying in the street near 74 Parker St.

Mr. Miliote said Mr. Medeiros was not seriously injured in the shooting and will be present in court for his arraignment.

The spokesman did not identify the second suspect in the house break and said he remains at-large.

Labels: intruder, MA

Animal shot in western Massachusetts may be state’s first wolf, officials say

State wildlife officials say a large animal killed in Franklin County last week may have been the first wild wolf in Massachusetts since 1840.

After investigating reports from several farms about attacks on lambs and sheep, MassWildlife received a call on Oct. 14 that an 85-pound wild dog had been killed in Shelburne, about 8 miles west of Greenfield.

A farmer shot the animal Oct. 14 when it returned to his Shelburne farm after having killed 13 lambs the day before. The farmer’s name was not released.

On Oct. 13, a wildlife biologist visited the farm where the lambs had been killed. The owner was told he had the right to shoot the animal, which at that point was assumed to be a dog.

Officials described the animal as a wolf or a cross between a wolf and a dog.

Todd Fuller, a professor and wolf researcher from the University of Massachusetts/Amherst, examined the dead animal and said it may have been a wolf or a hybrid.

The carcass has been sent to a lab in Oregon for DNA testing.

Labels: animal, MA

Cape Cod man acquitted of murder charge

A Cape Cod man is acquitted of charges that he fatally shot his friend.

Jeffrey Harrington of Bourne was acquitted of second-degree murder and assault and battery with a dangerous weapon charges by a jury in Barnstable Superior Court today.

Harrington was on trial for shooting Gerald Carbone of Wareham in the head at close range in September 2004.

The two men had known each other for years but had been in a dispute involving a woman at a Buzzards Bay bar shortly before the shooting.

Harrington claimed self defense.

His lawyer told the jury that Carbone had threatened Harrington.

Labels: altercation, MA

Grand jury declines to indict Cape Cod doctor in husband's death

Prosecutors are dropping the case against a Cape Cod doctor charged with fatally shooting her husband after a grand jury declined to indict her because of evidence he abused her.

The Barnstable County grand jury considered testimony from 27 witnesses who said Ann Gryboski, 51, was a victim of physical and psychological abuse by Patrick Lancaster, 50, her husband of more than 20 years, Cape and Islands District Attorney Michael O'Keefe office said in a statement Friday.

"This is a finding by the Grand Jury consistent with the evidence in this particular case," O'Keefe said.

Gryboski has been free on bail after pleading not guilty in April to a murder charge. She had appeared in court with swollen eyes and bruises around her mouth, and the district attorney said then there were "mitigating factors" in her case.

Defense attorney Kevin Reddington did not immediately return calls seeking comment Friday.

But in a statement released by Robert Galibois, attorney for Gryboski's son Chris, Reddington said he and Gryboski were pleased that grand jurors recognized that she acted in defense of herself and her son, according to the Cape Cod Times.

"This has been a very trying time for the doctor and her family and we hope that this unfortunate case will now be put behind her and she can get back to work with her patients and the job she loves," Reddington said in the statement.

"Chris is immeasurably relieved that the court process is over," Galibois said on behalf of his client. "He is grateful for the overwhelming support from family and friends during this difficult time."
Reddington had said in court that the case was "pure and simple self-defense."

"The bruises speak volumes about what happened," Reddington has said. "She did what she had to do to protect herself and her children."

Gryboski told police she shot her husband, a builder and charter boat owner, in their home on Easter Sunday after she attempted to intervene in an argument between him and one of their adult sons who confronted his father about his mother's black eye and swollen face.

She told police that the night before the killing, her husband had repeatedly punched her as she drove with their 2-year-old grandson in the back seat.

When her husband came toward her on that Sunday, she fired two shots, hitting him in the torso, according to prosecutors.

"She went to him, cradled his body and said 'I didn't want it to end like this, I hope you find peace,'" O'Keefe said in his Friday statement.

O'Keefe said Friday doctors who examined Gryboski found head and facial trauma on the right side and a chipped tooth as well as a mild corneal abrasion and evidence of a previous nasal injury.

Gryboski, who specializes in internal medicine, has a Yarmouth practice, but had stopped practicing pending her case. A spokesman at Cape Cod Hospital said at the time of the slaying Gryboski had a discipline-free record.

Labels: domestic abuse, MA

Home invasion suspect being held

A suspected accomplice to an armed home invasion will be behind bars for up to 90 days after a Taunton District Court judge ruled he was "too dangerous" to release before his trial.

Jason Swanbon, formerly of Raynham, was ordered held on a Taunton Police charge of armed robbery by Judge Daniel O'Shea under the state's dangerousness statute.

The victim of last week's Jefferson Avenue home invasion identified Swanbon in the courtroom audience Thursday during the dangerousness hearing of primary suspect Arnold Toledo of Taunton.

Last Monday, a 26 year-old man was sitting in his living room when Toledo walked into his apartment drew a handgun, Detective Timothy White said. The resident told police he then lunged at Toledo, knocking him to the ground. The man overpowered the intruder and managed to get the gun, still gripped by Toledo, pointed it away from himself, police said. During the scuffle, a shot went off into a foot stool, and Toledo dropped the weapon, police said.

At this point, the resident told police, a second man came into the apartment, grabbed the gun off the floor, ran out to a waiting car and drove away. Toledo then managed to also run away, police said.

After the resident gave police a description of the car, they found a vehicle matching the profile, and were able to connect it to Toledo, police said.

During Thursday's hearing, the victim identified Swanbon as the man who ran into his apartment and grabbed the gun during the scuffle.

Labels: criminal's gun taken away and used against him, home invasion, MA

Vigilante cabbie cleared of attempted murder charge

A Lawrence cab driver, who took the law into his own hands and shot an alleged robber in the back, has been cleared of attempted murder charges.

Bienvenido Rodriguez shot the man with a semiautomatic handgun after being robbed at knifepoint on Parker Street in January.

Police disagreed with Rodriguez's vigilante action and charged him with attempted murder.

But this week, the Essex County grand jury in Salem declined to indict Rodriguez, 36, of Camden Street, Methuen.

However, the same grand jury indicted the man who was shot.

Herman Irene, 36, of 25 Foster St., Lawrence, faces a charge of armed robbery, said Stephen O'Connell, spokesman for the Essex County district attorney's office.

"There will be no prosecution of Mr. Rodriguez," O'Connell said.

Yesterday, Lawrence police Chief John Romero said Rodriguez would have been facing less serious charges if he had pulled his gun while the robbery was being committed, instead of waiting until Irene was running away and no longer a threat.

Irene was running down Parker Street when Rodriguez drew his .40-caliber Smith &Wesson semiautomatic pistol and fired at him.

The bullet passed through Irene's body narrowly missing his spine and major arteries.

He was taken to Lawrence General Hospital then airlifted to Brigham and Women's Hospital were he underwent surgery.

Police charged Irene with armed robbery and assault with a dangerous weapon.

Rodriguez was charged with armed assault with intent to murder, assault and battery with a dangerous weapon, and discharging a firearm within city limits.

Rodriguez told investigators immediately after the shooting that he did not deliberately try to hit Irene and only shot to scare him, police said.

Romero said yesterday he was not surprised the grand jury did not indict Rodriguez, but said it would be up to Methuen police Chief Joseph Solomon to decide whether to restore Rodriguez's license to carry firearms. Methuen issued the gun license originally.

Labels: concealed carry permit, MA, street robbery

TAUNTON - A jury found Charles D. Chieppa, 57, not guilty of second-degree murder for the killing of a suspected burglar in 2004.

Jurors needed just over 3½ hours to return the verdict in a case where all parties say intent was the most crucial issue.

Mr. Chieppa remained impassive as the verdict was read. His family members, who filled up one side of the gallery, hugged each other and pulled out cell phones to share the news after court was dismissed.

The family of the slain burglar, Frank Pereira Jr. reacted in a manner just as emotional. His father, sisters and long-time companion wept at the verdict. As they exited the courtroom, sister Missy Cimbron yelled “you (expletive deleted) murderer” in Mr. Chieppa’s direction. Once outside the courtroom they pleaded with a victim witness advocate for any further legal recourse.

Defense Attorney Kevin Reddington packed up a box of evidence with Mr. Chieppa as the courtroom emptied out. Picking up the weapon Mr. Chieppa shot Mr. Pereira with, a semi-automatic Walther P38 handgun, he said “I’ll hang on to this for now.”

Earlier today witnesses in the case have said Mr. Chieppa awoke at about 4 a.m. June 17, 2004, to the sounds of an intruder in his 134 Ashley Blvd. home. After waking a tenant who rented a second-floor apartment, Mr. Chieppa went to his backyard with a semi-automatic handgun, according to testimony. There, he encountered Mr. Pereira, 24, who had apparently broken into Mr. Chieppa’s basement, according to testimony in the case.

Mr. Pereira was seen fleeing from Mr. Chieppa’s yard before collapsing in the street with a fatal bullet wound, witnesses said.

The intent behind that shooting took center stage in court today, with the prosecution saying it was anger, the defense saying it was fear, and Judge E. Susan Garsh telling jurors that whatever they decided about Mr. Chieppa’s motive would determine whether he faced murder or a lesser charge.

In his closing argument, prosecutor Bill McCauley said the circumstances behind the shooting show Mr. Chieppa’s intent. He pointed out that the defendant fired four rounds, and that the state Medical Examiner’s Officer determined that Mr. Pereira was shot in the back. Of the two shots that hit him, the fatal one entered through his back and exited his chest.

“This was anger, this wasn’t fear. He reacted that night in anger, it wasn’t fearful,” he said.

The prosecutor accused Mr. Chieppa of choosing to “take the law into his own hands,” saying he “decided if there was going to be a problem in his property, he would take care of it.”

Additionally, Mr. Chieppa’s tenant heard him yelling, swearing and asking if Mr. Pereira was trying to break into his house, Mr. McCauley said. However, that witness gave several accounts of the shooting in court last week, prompting Judge Garsh to later say his testimony was damaged.

As he has throughout the trial, defense attorney Kevin J. Reddington told the jury today that his client, a decorated Vietnam veteran, believed he was in mortal danger and that he was protecting himself when he fired on Mr. Pereira.

“When you consider his state of mind, when you consider the circumstances, this was a justifiable homicide by a citizen protecting himself,” he said.

Labels: MA, residence burglary

Owner foils attempted shoplifting

A man caught attempting to steal two bottles of liquor from a Broadway package store was held at gunpoint by the store clerk until officers arrived, police said.

Officers were sent to Broadway Liquors, 103 Broadway, about 10:10 p.m. Thursday and told the owner, Vipul Patel, to put his gun away.

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Labels: business burglary, MA

Bullets scare off intruder

Police are looking for a man who broke into an Everett Street home Saturday and then fled when the homeowner’s son opened fire on him.

The gunfire broke out at 5 Everett St. at about 9:15 a.m. Saturday when the homeowner’s 30-year-old son came by to check on the house while his parents were away, Deputy Police Chief Scott Bushway said yesterday.

Police haven’t released the name of the homeowner or his son and no one answered the doorbell at the three-story Everett Street home yesterday afternoon.

But when the homeowner’s son walked into the house Saturday, he spotted an unidentified man inside, police said. When the intruder grabbed a knife out of the kitchen, the son pulled out his own firearm and shot at the burglar twice, said Bushway.

Instead of hitting the intruder, the bullets lodged in the wall and floor of the house. But the gunfire was enough to scare away the man, who ran out of the house, Bushway said.

Police are investigating the break-in and looking for the intruder, but Bushway would not release a description of the man yesterday.

No charges have been filed against the son of the Everett Street homeowner, who does have a permit to carry a firearm, Bushway said.

Massachusetts General Law 278, s.8A, also known as the Castle Doctrine, states that occupants of a dwelling are allowed to defend themselves, using "reasonable means" if the occupant has reason to believe that an unlawful intruder intends to harm him.

Labels: MA, residence burglary

Jury Acquits Iraq War Veteran Of Shooting Into Crowd

Two Injured In Shooting

A jury deliberated just two hours Thursday before finding an Iraq war veteran acted in self-defense when he fired a shotgun into a group of club-goers outside his Lawrence home, injuring two people.

The Salem Superior Court jury acquitted Marine Sgt. Daniel Cotnoir, a 34-year-old reservist named last year's "Marine of the Year," of two counts of assault and battery with a dangerous weapon in the shooting last August.

Cotnoir, a married father with two young daughters, had rejected an earlier plea deal. He could have faced up to 20 years in prison. He stood stoically and showed no emotions as the verdicts were read.

Prosecutor John Dawley had urged jurors not to "give him extra points because he was in Iraq."

"He is basically a good guy," Dawley said. "But this is not a case about making someone a bad guy. Good people do bad things. Good people occasionally have monumental lapses of judgment."

Defense attorney Robert Lewin asked jurors to put themselves in Cotnoir's shoes, noting a bottle was thrown through Cotnoir's bedroom window at about 3 a.m. while his children slept upstairs.

"You really have to try to put yourself in his room that night," Lewin said. "How do you think you'd feel?"

Lewin also pointed to a prior incident during which someone fired a gun at Cotnoir's house.

"Consider not only what happened that morning, but also the history of violence in that parking lot," he said.

Cotnoir, who served eight months in Iraq in 2004, helped create a mortician's unit for the Marine Corps, for which he was credited in winning the Marine of the Year award. He and his wife, Mary Kate, accepted the award in Washington, D.C., one month before the shooting.

Cotnoir's house, which is also his family's funeral parlor, overlooks a parking lot that sits across from two nightclubs. After the clubs let out at 2 a.m. on Aug. 13, 2005, revelers cranked their music and were singing and dancing.

Cotnoir testified he felt "under attack" after a bottle was thrown through his window minutes after he called police to complain. He said he was in fear of his family's safety when he grabbed a rifle and fired a shot into what he said was a clear area.

The shell struck a curb and shattered into fragments, striking Kevin Castillo, 21, and Lissette Cumba, 15, both of Lowell.

Labels: assault, MA, minor offender

Druggist blasts away at pistol-packin’ thief

A gun-toting pharmacist - beloved by paying customers for his friendly banter - opened fire on an armed OxyContin robber as the two swapped lead instead of cheery hellos yesterday afternoon.

No one, including two workers and a customer who were in the store at the time, was injured.

Lawrence Maida Sr.'s pharmacy is just one of dozens hit in recent years by armed robbers looking for so-called ``hillbilly heroin.'' Cops say Maida's store has been robbed several times before, and this is not the first time the second-generation druggist has used a gun to run off bandits.

Maida is licensed to have the gun, and will not face charges for the shooting, police said.

``What do you want me to charge him with, being a victim?'' asked one cop.

``These people nowadays will kill you,'' said Rosemary Maida, who said she can't recall how many times her husband has shot at robbers. ``I try not to think about it. It's better than having someone kill your husband.''

Police said just before 3 p.m. yesterday a robber wearing a ski mask, ball cap and a hoodie, walked into the Massachusetts Avenue shop with a gun drawn.

``He came in ready to rob the store,'' Lt. John Serson said. ``He announced that it was a robbery. The owner drew his gun and between three and four shots were exchanged. The robber left, without the OxyContin.'' He is believed to have bolted in a black Cadillac.

Labels: business robbery, MA

A would-be robber became a victim of his own crime last week after he was shot in the stomach by a Brighton man he was trying to rob, police said.

Police arrested Sean E. Roisten, 29, of 833 Jette Court, and charged him with unlawful possession of a firearm and assault and battery with a deadly weapon on a robber who was holding Roisten's wife at gunpoint.

...

Roisten told police he was upstairs in his apartment with his wife and 5-year-old daughter waiting for his friend to return from the store with food when he heard a someone at the front door. Roisten called out, but was met with silence, and his wife went downstairs to see who was at the door, police said. When Roisten's wife opened the door, she was greeted by two men in ski masks and one man forced her back up the stairs at gunpoint, police said.

"He's got a gun!" Roisten told police he heard his wife scream as she was pushed up the stairs. Roisten told police he ran up to the third floor, retrieved his silver Smith and Wesson .40 caliber handgun and took cover behind a kitchen wall. When Roisten peeked around the hallway corner, he saw the robber emerge from the stairs holding his wife in a choke hold and pointing a black handgun at her head, police said.

The armed robber demanded money. Roisten said he had no money, but told the robber he could take anything from the house if he freed his wife, according to police.

...

Police found that Roisten's license to carry a gun expired last August and arrested him. Police took custody of Roisten's gun and the black Colt .45 handgun that Roisten claimed he took from the suspect.

Labels: assault, home invasion, MA, residence robbery

Gasoline station attendant wounds robber, police say

A gasoline station attendant shot a would-be robber several times last night after pulling his own gun on two men attempting to hold up the Mystic Avenue station, police said.

Both suspects fled after the attendant fired at them, police said. One of the men, whose identity was not released last night, collapsed fewer than 100 yards down the street.

He was arrested and taken to Massachusetts General Hospital with bullet wounds to his torso. His condition was not known last night. A handgun police say was used in the attempted robbery was recovered from the wounded man.

Although it was unclear late last night whether charges would be filed against the attendant, whom police did not identify, police Lieutenant Paul Covino said the Fred's Gas attendant may have been justified in shooting at the two men.

"It looked like self-defense," he said last night. The gun was registered to the attendant, who was licensed to carry a firearm, police said.

The arrest may help bring an end to a string of robberies in the area that are believed to be linked, Covino said.

Just before 9:30 p.m., two men wearing leather jackets and masks approached the attendant, who was at the cash register, police said.

One of the men waved a firearm, and the attendant responded by pulling out his own gun and firing seven or eight shots at them.

Labels: business robbery, concealed carry permit, MA

As Al Jurkowski tells it, the 300-pound black bear had murder in his eyes when he ambled out of the night and onto his front porch.

The bear had already terrorized the Palmer farmhouse twice, taking a swipe at Jurkowski's Chihuahuas and downing a bag of birdseed. At 9 p.m. Sunday, the bear returned, this time getting so close Jurkowski said he could feel its breath.

``The thing was right in my face and I let him have it four times with my Ithica (shotgun),'' he said. ``I'm not a vengeful person, but I had to do something.''

The bear, a 3- to 5-year-old male, died on Jurkowski's lawn as his wife prayed in a locked bedroom. Environmental police said the shooting was justified given the bear's proximity to the house.

Jurkowski, a 56-year-old carpenter, said the bear had been stalking his family for a week. The first encounter happened Aug. 8, when the bear reached through a window and took a swipe at one of Jurkowski's three dogs.

He returned again about 8 p.m. Sunday while Jurkowski and his wife, Marjorie, were watching the Olympics. ``He was standing on the porch with his paws up as high as he could stretch and he had a 100-pound bag of sunflower seeds in his mouth,'' Jurkowski said.

Jurkowski rushed inside and told his wife to call 911. Palmer police arrived minutes later and chased the bear into the woods with flashlights and sirens. The cops told the Jurkowskis not to worry; the bear would probably be too scared to return.

But less than an hour later, Jurkowski saw the hulking animal heading for his doorway, which was guarded only by a flimsy screen and his three yapping Chihuahuas.

``He was 5 feet away when I fired my first shot,'' Jurkowski said. ``I shot three more times and then my gun jammed. He gave a humongous roar, and I ran into the house.''

Labels: animal, MA

Police: Homeowner Kills Man Breaking Into House

A New Bedford, Mass., homeowner shot and killed a man who was allegedly trying to break into his home Thursday morning, police said.

When officers arrived at the scene at about 4 a.m., they found a man lying on the ground suffering from gunshot wounds to his torso. A preliminary investigation showed that the man tried to break into Charles Chippa's home at 134 Ashley Blvd. Shot were fired, and the suspect made his way to the street.

"He confronted the homeowner, and shots were fired. At some point, the suspect ran, and he dropped into the street," New Bedford Police Department Lt. Richard Spirlet said.

"I heard four or five (gun shots), and then I looked out the window. I saw the guy lying in the middle of the street," neighbor Sean Cornell said.

Police believe that the man may have also been involved in a purse snatching earlier that morning. Some of the items from the purse were found in the man's possession.

The man has not been identified. The incident remained under investigation.

"The homeowner has a license for a firearm, so he is legally licensed to possess a firearm," Spirlet said.

Labels: MA, residence burglary

Cops: Burglar shot during break-in

Police say a city man shot a knife-wielding teenage burglar Saturday night as his friend, City Councilor Matthew Straight, fought another burglar inside a Straight-owned Fitchburg apartment building.

Darren L. Bessette, of the first-floor apartment of 5 Weymouth St., fired his handgun at 17-year-old Jonathan Duval, of 108 Pond St., Leominster, after police say Duval came at Bessette with a knife.

Police say the gunshot wound to Duval's leg was not life-threatening.

Police Sgt. Glenn Fossa said Bessette was inside the three-story Weymouth Street building when he and Matthew Straight heard loud banging inside a woman's third-floor apartment.

The Straight family owns the apartment building.

"They hear a noise and they go to investigate," Fossa said.

Bessette carried a licensed 9 millimeter semi-automatic handgun as he climbed up an inside staircase with Matthew Straight.

When they arrived, they found the apartment door forcibly removed and saw two intruders in the apartment.

Matthew Straight fought one of the intruders, who police on Sunday said remains unidentified and fled the scene.

Duval, the other burglar, "brandished a sharp object" and threatened Bessette, according to police reports.

Bessette fired a shot but did not hit Duval. The police report states "Duval continued toward Bessette and was shot in the leg."

Police believe the gunshot was an act of self-defense.

Bessette "hasn't been charged with anything," Fossa said. "We don't believe at this time there's any reason to believe any kind of criminal act took place."

Labels: MA, residence burglary

A Somerville homeowner shot and wounded a man who broke into his home near Davis Square yesterday afternoon, police said.

The homeowner, whom police declined to identify, told detectives he had just come out of the shower shortly before 1 p.m. when he heard the back door being forced open.

The homeowner, who is licensed to possess firearms, confronted the burglar and shot him in the shoulder, according to police.

The burglar ran, and police followed a trail of blood to the nearby Davis Square MBTA station. The suspect was arrested minutes later outside the Porter Square MBTA station.

Stephen P. Callinan, 37, of Somerville was being treated at Massachusetts General Hospital and was expected to be charged with breaking and entering, police said. Police did not say whether Callinan was armed.

The intruder, 37-year-old ex-con Stephen P. Callinan of 127 North St., has a history of arrests and convictions for construction scams and break-ins. He was formally arrested by Somerville Police on charges of breaking and entering and malicious destruction of property Sunday after being released from the hospital for his gunshot wound.

Labels: MA, residence burglary