Saturday, May 03, 2008
Inver Grove Heights, Minnesota
From the Star-Tribune of May 2, 2008
Suspect killed in Inver Grove Heights liquor store robbery
Fearing he would be shot if he let the liquor store robber tie him up, Matt Huerta made a grab for the gun.
As the two men struggled for control of the weapon at Trail Liquors in Inver Grove Heights Thursday morning, it fired several times. The suspect was hit in the chest and died several hours later. Huerta was able to call 911 for help and is recovering at a St. Paul hospital.
Minutes before the scuffle, the suspect had walked into the store and demanded money from the cash register.
The suspect then walked Huerta, the store manager, to a back room and demanded he open the safe.
Huerta, the only employee in the store at about 10:30 a.m., told the man he didn't know the combination.
"The robber wanted to tie Matt up, and Matt thought if he was tied up, he could be shot,'' said Kathleen Schneider, the store's co-owner. When the man put the gun in the top of his pants, Huerta went to grab it, she said. That's when the scuffle began. The gun apparently discharged several times, she said.
Shots hit the suspect in the chest and the manager in the leg, according to investigators.
The manager then called 911 to report an armed robbery, said Lt. Jerry Salmey, a spokesman for the Inver Grove Heights police.
Huerta, 57, of Rosemount, was listed in good condition at Regions Hospital in St. Paul on Thursday. He declined requests for interviews.
The suspect's name won't be released until family members are notified, the Ramsey County Medical Examiner's office said Thursday night.
Huerta is in "disbelief" over what happened, Schneider said. "He said it probably all happened in 15 minutes, but it felt like 15 hours."
"You just never think something like this is going to happen,'' Schneider said. "It's so tragic to think that someone would try to do this for a couple hundred dollars."
Labels: business robbery, criminal's gun taken away and used against him, MN
Monday, December 17, 2007
Minneapolis, Minnesota
From USA Today of December 17, 2007
Minn. man shoots cops after SWAT team kicks down wrong doorFrom the Minneapolis Star-Tribune of December 18, 2007
A Minneapolis police SWAT team kicked in the wrong door yesterday during an early morning raid, prompting the man of the house to grab his gun and open fire on the officers who entered the house.
"He took out his shotgun and he said if they are bad guys I'll shoot, I'll scare them away," Dao Khang, the brother of the homeowner, Vang Khang, tells the Star Tribune. "He fired first, he told me it was two shots."
Dao Khang says his brother was trying to protect his wife and six children. No one from the family was hit during the exchange of gunfire. Vang hit two officers, but the Pioneer Press says they were protected by ballistic vests and helmets.
"I must've heard over 20 or 30 shots, I swear, it was scary," Ruth Hayes, the family's next-door neighbor, tells WCCO-TV. "It was like 30 SWAT guys out here ... it was crazy it was just like havoc."
KARE-TV reports that Vang was detained at the scene and released a few hours later. Police say there may have been a "language barrier" between the residents and the officers.
"It was some bad information that was received on the front end that kind-of trickled all the way through," police Sgt. Jesse Garcia tells the station. "It's unfortunate because we have officers that were hit by gunfire and this truly, truly could have been a much worse situation."
Police haven't decided whether they'll try to charge Khang with a crime. KMSP-TV says the Khang family is consulting with a civil attorney.
Police chief apologizes to family
The family involved in a botched high-risk police search of their north Minneapolis home early Sunday said today that Police Chief Tim Dolan has personally apologized to them.
Dolan met with members of the Khang family earlier today, said Sia Lo, the family's attorney during a news conference held in the upstairs master bedroom that was riddled by at least two-dozen bullet holes. Family members said the shots came from police.
Lo said that Dolan told the family the wrong house was raided and that there was "a breakdown in communication," that led a SWAT team to descend on the home in the 1300 block of Logan Avenue N.
On Monday, Dolan met with members of the Hmong community and family elders. His meeting today with homeowner Vang Khang, his wife, Vee Moua, and extended family was considered a positive step in the healing process, Lo said.
Police apologized, admitting that they had erred based on bad information from an informant, the alleged victim of a violent crime at the house, believed to be one of the last pieces in a long-term investigation focused on violent gang members.
Police said they had no reason to believe the information was inaccurate. They had the right address on the warrant, but the house wasn't occupied by anybody they wanted.
Moua said while watching television she heard noises that ended up being a SWAT team entering the rear of the house about 12:30 a.m. Sunday. She raced upstairs to wake up her husband.
Khang, thinking the intruders were burglars, fired at police through a bedroom wall he said in fear that they would harm his sons in another bedroom. The shots hit two officers, one in the back and one in the head, but both were uninjured because they were wearing protective armor. Police shot back, but did not hit him.
Khang said he realized the intruders were the police only after his 12-year-old son told him so in Hmong.
"Things could've been very tragic," Khang said Tuesday. "Maybe there were spirits watching over us."
Lo said the family will be staying with relatives indefinitely. "I think it will be very difficult for the children right now to come back at this time," Lo said.
Further links:
SWAT Team Barges Into Wrong Home; Scared Home Owner Shoots Cops
Labels: home invasion, MN
Wednesday, October 31, 2007
Minneapolis, Minnesota
From October 30, 2007 Fox channel 9:
Mpls Family Shoots an IntruderThe video report says that Willie Hobbs was allegedly trying to force entry into the home, "trying to find some copper, and got some lead."
A thief targeting a north Minneapolis house got a little more than he bargained when he attempted to break in. Fox 9's Beth McDonough, reporting.
Labels: MN, residence burglary
Saturday, September 22, 2007
St. Paul, Minnesota
From the September 21, 2007 Pioneer Press:
Prosecutors charged a killer today with trying to burglarize two homes seven months after his release from jail.
Feon Stone, 21, is to appear in court Tuesday on a probation violation. He may be sent to prison on his previous manslaughter conviction, for which he had received a stayed sentence.
On Sept. 13, at about 1 a.m., officers were sent to the 1200 block of Rice Street on reports of a man trying to burglarize a house, according to a complaint filed against Stone today by the Ramsey County attorney's office.
According to the complaint:
A man who lives in the home was working on his computer and heard a noise. When he went to check, he saw someone enter his enclosed porch. The man confronted the person on the porch and yelled at him.
The intruder ran toward the man and punched him in the head. They fought, and the man ran to his bedroom to get a gun. He went into the back yard and shot a round into the ground to scare the intruder away.
A police dog was tracking the suspect when police got a call about 1:15 a.m. about a burglary in progress at a home about two blocks away.
Labels: MN, residence burglary
Friday, September 21, 2007
Minneapolis, Minnesota
From the Minneapolis Star-Tribune of September 21, 2007
Oops -- robber leaves gun behind
A bumbling robber attempting to hold up a north Minneapolis convenience store left a crucial piece of evidence behind: his gun.
The suspect walked into the E & L Market at 2211 Lowry Av. N. Thursday night and demanded money.
The robber covered his face with something in one hand so he could not be identified. But then he made a critical error.
"He set his gun down on the counter to pick up the cash," said Sgt. Tammy Diedrich, a Minneapolis Police Department spokeswoman. "The clerk grabbed the gun."
The robber dropped the cash and fled.
No one has been arrested.
Labels: business robbery, criminal's gun taken away and used against him, MN
Friday, June 08, 2007
Coon Rapids, Minnesota
From the Twin Cities Pioneer Press of June 8, 2007
Coon Rapids man said he fired in 'self defense' as he walks out of jail without charges
Investigators refuse to release name of officer, who suspect's family says pulled a gun on them
The Coon Rapids man arrested in the Thursday shooting of an undercover police officer in a road rage confrontation said he shot in "self defense" as he was released this afternoon without being charged.
After meeting with Coon Rapids police, prosecutors opted today to not charge 35-year-old Martin Scott Treptow, said the prosecutor overseeing the case. The investigation, though, into the entire incident continues, prosecutors said.
Witnesses described Thursday shooting as the culmination of a rolling argument that escalated into an apparent full-blown case of road rage. The suspect's family said Treptow fired only after a man pulled a gun on them and they had no idea he was an officer. Treptow said outside the jail this afternoon, that the officer drew his gun first.
Police arrested Treptow shortly after the shooting after he called police from a nearby gas station.
A day after the shooting, the cop's bosses at the Robbinsdale Police Department continue to refuse to release the officer's name.
Coon Rapids police did not rule out the county prosecutor filing charges against the officer. Officials with the Anoka County attorney's office said no charges will be filed in this case at this time.
"At this point we are giving the county attorney's office everything we have. We are not giving any recommendation, one way or the other," Coon Rapids Deputy Chief Timothy Snell said this morning.
Meanwhile, Treptow's family, who last night told the Pioneer Press they were only protecting themselves from a "renegade cop" who had pulled a gun on them, refused to comment this morning.
On Thursday, Robbinsdale Police Chief Wayne Shellum said his officer was just doing his job. But Treptow's father said last night the plainclothes officer threatened his family with his gun and that Treptow shot him to protect his family.
"This is a case of people letting their tempers get out of control," Snell said. "It escalated and became a deadly force situation just because of some petty misdemeanor driving issues."
Police refused Thursday to release the 27-year-old officer's name, saying he was working undercover, but he is described as a six-year veteran of the Robbinsdale police force. He sustained injuries to both legs and an arm, although investigators aren't sure how many shots were fired.
(Much More)
Labels: concealed carry permit, MN, road rage
Wednesday, May 09, 2007
St. Paul, Minnesota
From the St. Paul Pioneer Press of May 9, 2007
Man, 68, arrested after teenager shot near St. Paul bus stopFrom the St. Paul Pioneer Press of May 11, 2007
A 68-year-old man who told police three teenagers robbed him on a St. Paul street Tuesday night shot one of the men, police say, but officers are still trying to sort through what happened.
The 18-year-old victim was shot in the shoulder and taken to Regions Hospital, said Tom Walsh, a police spokesman. He said the man is expected to survive.
Officers arrested Donald W. Hurd on suspicion of felony assault, but Walsh said it's unlikely he'll be charged.
Police were called to Como and Snelling avenues about 11:40 p.m. Tuesday on a report of a man yelling he had been shot, Walsh said.
Hurd was there and told police he didn't have a gun and no shots had been fired, but officers found a gun on Hurd, Walsh said. They also found the victim nearby.
The four people involved had been riding a Metro Transit bus, but it's unclear whether they were riding together, Walsh said. They all got off at Como and Snelling avenues, Walsh said.
Hurd said the three teenagers pushed the back of his head, knocked him to the ground and took his wallet, Walsh said. Police are investigating the robbery and the teenagers have not been arrested.
Mugging victim leaves jail with nowhere to go
Man who shot one of 3 attackers could still face charges
After spending two nights in the Ramsey County jail, Donald Hurd walked out Thursday with no wallet, no cash and nowhere to go.
The 68-year-old man was mugged Tuesday night in St. Paul, and officers arrested him after he shot one of the suspected robbers.
Hurd was taking the bus Tuesday to pick up his Chevrolet truck from a repair shop and was attacked between stops. On Thursday, he made it to the Roseville shop, but his truck wasn't ready.
The Bigfork, Minn., man thought the jailers would return $100 in cash the robbers hadn't found. He was going to use it to stay in a motel Thursday night. As it turns out, when the jail returns inmates' property, they trade cash for a check. Hurd didn't know what good a check would do him because his driver's license had been stolen.
"I don't like to ask for help," said Hurd, who is retired but comes to the Twin Cities to do odd jobs. He is divorced, and his family lives out of state. "If you get into a situation, it's up to you to get out of it."
Hurd's problems might not be over. Though he was released from jail, he could yet face criminal charges.
He might be a hero in the court of public opinion, but whether Hurd broke the law is a different story.
Hurd said he was only trying to scare the three young men who attacked him. Legal experts said Hurd's case doesn't seem to meet the self-defense standard in Minnesota. The 18-year-old man who Hurd shot in the shoulder is expected to be fine, police said.
You would think somewhere between the letter of the law, there's some space there for some consideration and understanding," Hurd said. "It is an injustice."
The robbery suspects weren't arrested. The investigation into the robbery and the shooting continues, police said.
Hurd was born in St. Paul and raised in San Francisco. He came back to St. Paul when he was 15, after his mother was killed in a car accident, and he lived with his father.
On his 17th birthday, Hurd enlisted in the Army and worked as a military police officer. He was stationed in Germany, what is now Fort McCoy in Wisconsin and at Fort Dix in New Jersey.
After leaving the Army, Hurd returned to Minnesota, where he and his wife raised a family. He worked different jobs over the years - driving trucks and school buses, working as a plumber and an electrician, and being a security guard.
He's a quiet man and said he's embarrassed by the attention his case has received. He said he would have done the same thing if he came across someone in his situation.
"I would give up myself to destroy evil," he said Thursday. "It's just the way I am."
Hurd doesn't have a criminal history, but he acknowledged some problems with the way he handled things Tuesday night. He lied to police at first about the shooting, which he said he did because he was scared and confused. He doesn't have a permit to carry the pistol he had with him.
If he could go back to when he fired his gun Tuesday and change things, he's not sure he would.
"God only knows," Hurd said. "I don't want to say yes and I don't want to say no because you have a different frame of mind in that situation. I felt like I was violated. You look for some justice for yourself."
State Rep. Tony Cornish, who sponsored a bill this legislative session to give citizens more leeway in using deadly force to defend themselves, said he was outraged by what happened to Hurd.
"Maybe if these scumbags that were beating and robbing our old people had some doubt in their mind if they were going to survive their own crime, they would have some doubt about committing it in the first place," said Cornish, R-Good Thunder.
Cornish's bill, which he called "Stand Your Ground" legislation, didn't get a committee hearing. Though it might not have applied directly in Hurd's case, Cornish said, the law would have offered clarity about when and how citizens can defend themselves.
Current Minnesota law says it's justifiable to kill someone if you are "resisting or preventing an offense" that you "reasonably" believe could lead to "great bodily harm or death" for you or another person. If you are in your own home, deadly force can be used to prevent someone from committing a felony.
Even so, local attorneys think an argument could be made for Hurd's actions. If he is charged and the case goes to a jury, he'll likely come across as a sympathetic figure, they said.
"These aren't cases prosecutors like to take to juries," said Richard Frase, a University of Minnesota law professor.
Labels: MN, street robbery
Sunday, April 08, 2007
St. Paul, Minnesota
From Lacrosse’s WKBT.com of April 8, 2007
Woman trying to rob St. Paul store is shot by pregnant clerkFrom the Minneapolis Star-Tribune of April 10, 2007
A woman who pretended to have a gun while trying to rob a convenience store on St. Paul's East Side was shot by a pregnant store clerk.
The robbery suspect was shot near the collarbone and was in stable condition at Regions Hospital last night.
Police aren't releasing the name of either woman.
They say the suspect was pretending that she had gun concealed in a paper bag and she scuffled with the clerk, who is in her ninth month of pregnancy.
The clerk was also caring for her toddler at the time.
The clerk was taken to Regions Hospital with cuts and scrapes.
Woman who was shot is charged in robbery
A 30-year-old Shoreview woman was charged Tuesday with an attempted robbery in which she was shot by a pregnant store clerk.
Angel Star Kaster, also known as Angel Star Gustafson, made her first appearance Tuesday afternoon in Ramsey County District Court on a charge of second-degree attempted aggravated assault.
Kaster was ordered held in the Ramsey County jail in lieu of $25,000 bail. Her next court appearance is April 24.
St. Paul police investigators said Kaster, who was shot in the right shoulder on Saturday night, used a TV remote control in a paper bag to simulate a gun in attempting to rob the Super USA store on the East Side.
The clerk, Susana Khalil, who was caring for her 2-year-old daughter at the time of the attempted robbery, struggled with Kaster, according to the complaint. Khalil then grabbed a gun kept in the store and shot the would-be robber in the shoulder.
St. Paul police said store video shows Kaster sneaking up on Khalil and pointing the bag at the clerk as if she has a gun, according to the complaint. The clerk's daughter was near her when the shooting took place, but did not appear to be hurt.
In the complaint, Kaster is quoted as telling police that she tried to rob the store because she needed money for her kids. She also told police she had been drinking before entering the store. She said that she lives at a treatment center in Shoreview because she is an alcoholic, according to the complaint.
Labels: business robbery, MN
Sunday, February 11, 2007
Winona, Minnesota
From the Winona Daily News of February 11, 2007
Police: Would-be liquor store thief may have been shot, still not foundFrom the Winona Daily News of March 21, 2007
Winona police were looking Saturday for a man who may have been shot while attempting to rob a liquor store Friday night.
According to police, a black man about 6 feet tall wearing a ski mask and dark jacket walked into the Golfview Liquor Store at 1671 W. Fifth St. shortly before 7 p.m., attacked the store clerk and demanded money.
The man threatened to shoot the clerk but did not show a gun, said Winona Police Sgt. Gary Hoeppner.
After a struggle, the would-be robber moved toward the front door, stopped and turned. The 60-year-old employee then fired one shot from a 0.38-caliber handgun.
The employee told police he believed he had shot the robber.
Police recovered one shell casing at the scene but found no blood or evidence of the bullet.
A passerby reported seeing a man run from the store and get into a red SUV.
Police said no one matching the suspect’s description had shown up at area hospitals with a gunshot wound as of Saturday morning.
There was no one else in the store at the time, and no money was taken.
Golfview owner Bill Ahrens said Saturday that he was held up once before “about 25 years ago” but didn’t want to discuss Friday’s robbery.
Nurse accused of helping alleged robber shot during Golfview Liquor holdupThe original report indicated uncertainty whether the perpetrator was actually shot.
Winona County prosecutors on Tuesday charged a Rochester nurse with four felonies in connection with the Feb. 9 robbery of Golfview Liquor store in Winona.
A third person may yet face charges, according to Winona police investigators.
Susan Anne Leathes, 36, faces four counts of aiding an offender. The charges allege Leathes, a nurse, treated her companion, Andre Jones, after he was shot during the botched robbery, and that she lied about it to Winona Police investigators.
According to a criminal complaint, the 37-year-old man was shot with a .38 caliber handgun by a Golfview clerk after he grabbed the clerk by the collar, demanding money and threatening to shoot the clerk. Jones was arrested two days later in Rochester and taken to the hospital with a gunshot wound in his back.
Winona County Attorney Chuck MacLean said Leathes repeatedly lied to Winona police on the day after the robbery and told them she did not notice that Jones had been hurt.
Jones, who was released in July after serving more than 10 years in federal prison for robbing a bank, faces six felony charges in connection with the Golfview robbery. The most serious carries a maximum sentence of 20 years in prison.
Two of the charges against Leathes carry a maximum possible sentence of one-half that faced by the offender she is accused of aiding. The others carry three-year maximum sentences.
From the Winona Daily News of March 30, 2007
No charges against liquor store owner
A grand jury declined to indict the owner of the Golfview Liquor store Thursday for shooting a man trying to rob his store in February.
Meanwhile, the man accused of robbing the store was in court as prosecutors sought permission to examine him for the bullet they say would tie him to the holdup.
The grand jury, which convened Tuesday, determined there was insufficient evidence to charge William Michael Ahrens, 60, with any crime in the Feb. 9 incident in which he shot a robber with one round from a .38 pistol he kept behind the counter.
Andre Dion Jones, 37, of Rochester was arrested Feb. 11 and remains in the Winona County Jail on six felony charges of robbery and attempted robbery of the store.
According to prosecutors, Jones was shot once in the back after he grabbed Ahrens, demanded money and threatened to shoot him. After his arrest, he was treated at St. Marys Hospital, where he told a doctor, in earshot of police, that he was shot in Winona.
Jones appeared Thursday afternoon in Winona County District Court, where Winona County Attorney Chuck MacLean asked permission to X-ray Jones’ back in search of the bullet.
When Jones was arrested in Rochester two days after the incident, he asked to go to a hospital, according to the criminal complaint. Doctors discovered a bullet his lower back and opted not to remove it.
Jones’ public defender, Ross Phelps, argued that officers took Jones to the hospital even though he didn’t ask to go and had him examined without his consent or a warrant. Phelps argued that MacLean’s request is connected to that search and should be denied.
Phelps also argued that evidence indicated the robber was facing Ahrens when he was shot, while Jones’ gunshot wound was to his back.
District Judge Mary Leahy, who heard the request, said she would issue a decision in the coming weeks.
Prosecutors hope to discover a .38 slug in Jones that matches Ahren’s gun, which would place Jones at the scene.
Prosecutors have also charged Jones’ girlfriend and a man who allegedly drove Jones to and from the store with aiding the robbery, and MacLean said Thursday that both may be called to testify.
An evidence hearing has been scheduled for May.
Jones, who previously has been convicted of bank robbery, could face up to 20 years in prison if convicted of the most serious charge.
Labels: business robbery, MN
Wednesday, December 20, 2006
Rockford, Minnesota
From WaconiaPatriot.com of December 20, 2006
Watertown man killed in RockfordPrevious coverage:
A Watertown man was killed when he reportedly broke into the home of a former girlfriend around 3:30 a.m. Dec. 13 in Rockford.
Erik Richter, 35, was killed by two 12-guage-shotgun blasts fired by Eric Cegon when Richter broke into the apartment where Cegon and Richter’s former girlfriend, Samantha Simons, lived together with Simon’s 2-year-old son.
Wright County Sheriff’s Deputy Lt. Todd Hoffman said deputies were looking for Richter because he had allegedly violated an order for protection ordering him to stay away from Simons. He had reportedly threatened her life with a knife the previous week.
Richter was due in court later that morning to answer charges that he had threatened Simons life. A judge could have sent him back to jail for that alleged threat.
According to sheriff’s deputies, Richter broke into the apartment carrying a loaded gun. Hoffman said part of the investigation includes determining who owned the gun and how Richter obtained it. They are also looking into whether drugs or alcohol played a role in incident. Hoffman said the Wright County Attorney would determine within the next two weeks whether charges against the Simons’ current boyfriend, Cegon, are appropriate.
State law allows persons to defend themselves with deadly force if a threat of great bodily harm or death is present. Hoffman said the case is a tragic event where Richter reportedly would not allow anyone beside himself to be involved with Simons.
Hoffman declined comment on whether investigators would recommend charges be filed against Cegon.
Richter had reportedly posted a $10,000 bail to avoid jail for the previous alleged threats he made against Simons. He broke a condition of that release when he allegedly threatened Simons on Dec. 6. Richter has previously been convicted for possession of cocaine and methamphetamine.
From the December 13, 2006 Minneapolis-St. Paul Star-Tribune:
A man was shot to death early Wednesday after forcibly entering a home in Rockford, said the Wright County Sheriff's Office.From Minneapolis’ WCCO.com of January 17, 2007
The man, Erik A. Richter, 35 of Watertown, forced his way into his former girlfriend's home in violation of a conditional release order, according to a Sheriff's Office news release.
Deputies were called about 3:30 a.m. to a shooting in the home of Samantha E. Simons, 21, in the 8800 block of Walnut Place, a news release said. The intruder was shot by Simons' friend, a 30-year-old man from Rockford. Investigators were trying to determine whether the shooting was a case of self-defense, said Lt. Greg Howell. He said he couldn't provide any other details.
Man Won't Be Charged For Killing Girlfriend's Ex
The Wright County prosecutor has decided not to press charges against a Rockford, Minn. man who shot his girlfriend's former boyfriend in December.
Eric M. Cegon, 30, shot 35-year-old Erik A. Richter, of Watertown, Minn., twice with a shotgun early in the morning of Dec. 13 when Richter broke in through a back door into the Rockford home of Samantha E. Simons, 21.
According to Wright County Attorney Thomas Kelly, the relationship between Richter and Simons turned abusive, culminating with a charge of domestic assault filed in April 2005.
When Simons began a relationship with Cegon in September 2006, Richter began threatening both of them.
"He refused to let her go, and said that if he couldn't have her, nobody would," Kelly said.
Richter was charged with making terroristic threats and inflicting criminal damage to property on Nov. 6 of last year after he broke all the windows on Cegon's vehicle and tried to climb through his bedroom window, yelling his intentions to kill Cegon.
As a result of the incident, Richter was ordered to have no contact with either Simons or Cegon and was ordered to not possess or use firearms. Simons also applied for an additional restraining order against Richter.
Richter violated the order when, according to Kelly, he allegedly threatened her with a knife on Dec. 6. Due to the incident, a pick-up order was placed for probable cause felony assault. A court date was set for Dec. 13.
Cegon and Simons went to bed the evening of Dec. 12 prepared for a visit from Richter. They barricaded the front door of Simons' house with a small sofa, locked themselves with Simons' son in an upstairs bedroom and blocked the door with a dresser.
Cegon armed himself with a shotgun.
At 3:30 a.m., according to Kelly, Richter broke through the front door of the house and ran upstairs, forcing open the bedroom door and knocking down the dresser. He had in his hand a loaded, .45-caliber Colt semi-automatic handgun.
Later investigation revealed Richter had also brought leg irons and handcuffs.
Cegon shot Richter twice.
According to Kelly, the state law allowing a person to defend himself with necessary deadly force in his home if he feels threatened by an intruder applied to Cegon's case.
"Did Cegon have an honest and reasonable belief that he or Simons were in imminent jeopardy of great bodily harm or death? Yes," said Kelly in a press statement. "Was Cegon's use of deadly force necessary to avert great bodily harm or death? Yes.
"In this case, the state has the burden to prove beyond a reasonable doubt that Cegon was not justified in using deadly force," he continued. "Based upon the facts, I am unable to meet that burden and therefore no criminal charges will be filed against Cegon."
Labels: domestic dispute, home invasion, MN
Tuesday, November 28, 2006
Coon Rapids, Minnesota
From the Minneapolis Star-Tribune of November 28, 2006
Coon Rapids man kills home invaderFrom the St. Paul Pioneer Press of November 28, 2006
A man who kicked his way into a home in Coon Rapids was shot and killed by the 73-year-old homeowner late Monday night, according to reports.
The homeowner told police that the suspect, and a perhaps a companion, kicked in his rear garage door in the 11700 block of Bittersweet Street at around 11 p.m., according to reports. The man told police he shot and killed the intruder with a rifle.
Police said the homeowner heard people talking and believes there was a second suspect who escaped. The dead man was not carrying any identification, according to police.
No other information was available.
Charges unlikely for Coon Rapids man who shot apparent intruderFrom LaCrosse’s WKBT.com of February 16, 2007
A 73-year-old Coon Rapids man who shot and killed an apparent intruder Monday night "appears unlikely" to face charges, a top Anoka County investigator said today.
The resident told police he was awakened to sounds of what he thought was someone breaking into his house on Bittersweet Street in Coon Rapids, sheriff's Capt. Bob Aldrich said. He grabbed a rifle that he kept in his bedroom around the time a man in his late teens or early 20s entered the room.
"(The resident) fired a single shot, and the suspect was struck in the torso," Aldrich said. "The suspect was able to stumble or stagger down the stairs and then collapsed near a door. And died."
Authorities this afternoon were still trying to identify the suspected intruder, described as a man in his late teens or early 20s, Aldrich said.
The resident declined to speak with reporters when he returned home early this afternoon.
County prosecutors will make the final call on whether or not charges will be filed, but Aldrich said police released the resident without booking him.
No charges against Coon Rapids homeowner who killed intruder
Authorities say they will NOT charge a 73-year-old Coon Rapids man who shot and killed a teenage intruder in his home in November.
Gerald Whaley shot 17-year-old Anthony J. Parks with a .22-caliber rifle he kept loaded by his bed after Parks entered his home and appeared in the doorway of his bedroom.
Assistant Anoka County Attorney Bryan Lindberg wrote in a five-page letter to the sheriff's office that he believed the state would be unable to prove that Whaley broke the law in defending his home.
Labels: home invasion, MN
Monday, October 16, 2006
St. Paul, Minnesota
From the Minneapolis Star-Tribune of October 16, 2006
St. Paul clerk gains upper hand on suspect in robbery attempt
St. Paul police say a potential shooting victim turned the tables on his assailant Monday during an attempted robbery at an East Side convenience store.
Police are searching for a man described as about 5 feet 4 inches tall and about 20 years old.
Just after 4 p.m., police reported, the suspect pulled a gun on the clerk at the Blue Neighborhood Store on the northeast corner of Mendota and Fremont Streets.
"The clerk heard the gun go click and then pulled out his own firearm and fired two or three shots at the suspect," said Tom Walsh, a St. Paul police spokesman.
The suspect fled in a car, and Walsh said it's unclear whether he was hit by the clerk's shots. The clerk's name was not immediately released; police took him to downtown headquarters for questioning. No legal action against the clerk is expected.
"Absolutely not," Walsh said. "Under those circumstances, believe me, he's not in trouble."
Labels: business robbery, MN
Friday, September 22, 2006
Austin, Minnesota
From Austin‘s KAALtv.com of September 22, 2006
Charges dropped against Lutzi
Olmsted County Attorney Ray Schmitz is dropping attempted 2nd degree murder charges in the case against 20-year-old Jade Allen Lutzi.
Police say Jade Lutzi allegedly shot his roommate Joshua Krukow and another man, Carl Sanford, after hearing about a noise violation at his apartment.
Until recently, police had not been able to interview the victims.
Once they had, Schmitz says he believes Lutzi was actually shooting in self-defense after he was assaulted by one of the men.
The man says he assaulted Lutzi, then forced his way into a bedroom where Lutzi was hiding with the intention of continuing the assault.
Lutzi fired the shots as the man entered the room.
Lutzi was released from custody earlier this week.
Friday, April 28, 2006
Forest Lake, Minnesota
From the St. Paul Pioneer Press of April 28, 2006
Late-night visit leads to charges
Victim says he fired shot in self-defense
Three men face burglary charges after an alleged attempt to collect money in Forest Lake backfired and the supposed debtor shot one intruder in the leg with a shotgun.
Cody Joseph Mezzenga, 19, of Lino Lakes, Nicholas Adam Dereschuk, 19, of White Bear Lake, and Jeremy Scott Flom, 19, of Forest Lake will go to court in May accused of busting into 20-year-old Paul Rohde's apartment.
But Rohde apparently turned the tables and shot Mezzenga in the leg as the others fled. The three suspects are charged with aiding and abetting burglary.
Prosecutors are not charging Rohde, who they say appears to have acted in self-defense.
First Assistant Washington County Attorney Sue Harris said Rohde warned the group he was armed, while the chaos of the situation prevented investigators from determining exactly when shots were fired.
Mezzenga's attorney, Jeff DeGree, said his client probably shouldn't have been at the apartment but was merely going along with the group.
The defendants and other defense lawyers did not immediately return messages or answer calls for comment.
According to a criminal complaint drafted by Washington County Prosecutor Kari Lindstrom from police reports, friends of Dereschuk told police Rohde had either stolen or borrowed at least $250 from him. About 1 a.m. March 2, Lindstrom wrote, Dereschuk, Mezzenga, Flom and about six others drove to Rohde's North Shore Drive apartment to get the money back.
Rohde, who is not charged with a crime, told police he was sleeping when he heard the group trying to kick down his door. He grabbed a shotgun from under his bed, loaded it and walked out of his bedroom.
A witness told police that Rohde yelled out that he had a gun in the house and had the gun pointed at the group when the door was kicked in, authorities said.
The group fled; Rohde said one of the men pointed a handgun at him after he followed the group from the apartment. Rohde said he fired in the direction of the men, the complaint states, and the shot hit Mezzenga in the calf.
Mezzenga spent three weeks in the hospital, authorities said. DeGree, Mezzenga's attorney, said his clinet has suffered "serious complications" and his relatives "don't know whether he'll be able to walk again or work."
DeGree said Mezzenga's relatives were upset prosecutors weren't charging Rohde and challenged the idea he acted in self-defense, noting that no gun other than Rohde's was recovered.
Labels: home invasion, MN
Friday, March 03, 2006
Forest Lake, Minnesota
From the St. Paul Pioneer Press of March 3, 2006
Forest Lake man shoots intruder, police say
A 19-year-old Lino Lakes man was rushed to the hospital early Thursday after he was shot when he and several others allegedly confronted a man in a Forest Lake apartment, police said.
The shooting occurred about 1:45 a.m. Thursday, after the group of men went to a North Shore Drive apartment to collect a debt, Forest Lake Police Chief Clark Quiring said today.
The group broke through the door of the apartment, where 20-year-old Paul John Rohde allegedly shot one of the men in the leg with a shotgun, Quiring said.
The group fled the apartment and took Cody Joseph Mezzenga to Fairview Lakes Medical Center in Wyoming. He was later transported to Regions Hospital in St. Paul for surgery.
Quiring said Mezzenga's injuries were not believed to be life-threatening.
Labels: home invasion, MN
Thursday, October 06, 2005
Carlton, Minnesota
From the Duluth News Tribune of October 6, 2005
Jurek not guilty in death of brother
COURTS: The Mahtowa man says he shot his older brother in self-defense.
Florian "Sonny" Jurek already lost one son. He said a Carlton County jury kept him from losing another son Wednesday night.
Jurors deliberated about five hours before finding Dennis Jurek not guilty of premeditated murder in the Aug. 2, 2003, shooting death of his brother, Michael, 41.
Jurek, 42, admitted using a .30-.30 caliber deer rifle to shoot his brother in the chest and back after a fight on their family farm in Mahtowa Township. He said he did so in self-defense after suffering30 years of abuse by his bullying brother, who was threatening to kill him.
If found guilty of first-degree murder, Jurek would have received a mandatory life prison sentence. The six-man, six-woman jury also acquitted him of inten- tional second-degree murder and first-degree manslaughter.
…
The fight that led to Michael Jurek's death started when the Jurek brothers were drinking beer and cutting firewood.
Dennis Jurek said his brother started beating and choking him and he ran back to the farm to escape. He said his brother gave chase on a four-wheeler.
The defendant went into a garage attached to the house he shared with his parents and waited for his brother. He said he shot him once in the chest when he got within "target range" and shot him again in the back when he got off the ground and lunged at him. It wasn't made clear during the trial how much time elapsed between the fight in the woods and the time of the shooting.
Under Judge Robert Macaulay's instructions, if jurors didn't find Jurek guilty of first-degree murder they had the option of finding him guilty of first-degree manslaughter, even if they concluded that he acted with premeditation and with intent to kill.
(Further discussion of verdict options)
Labels: domestic abuse, MN
Monday, September 19, 2005
Minneapolis, Minnesota
From Minneapolis’ KSTP.com of September 19, 2005
Minneapolis homeowner shoots burglar
A south Minneapolis homeowner shot a man suspected of breaking into his house, according to police.
The shooting occurred on 16 th Avenue South. One witness overheard three men arguing outside the house after which one of the men broke through a large front window.
The burglary suspect is being treated at Hennepin County Medical Center, and is expected to live. The homeowner is not expected to face charges, according to one Minneapolis police officer.
Labels: MN, residence burglary
Wednesday, September 14, 2005
Minneapolis, Minnesota
From the Minneapolis Star-Tribune of September 14, 2005
Nick Coleman: He knows the streets and he knows trouble
A guy in a white shirt almost became a historical footnote about 4:30 last Sunday morning. He almost was the first guy to get himself shot by a candidate for mayor of Minneapolis.
"I'm in the dark, holding a gun on him and telling him to get on the ground, but he keeps backing away from me," Mark Koscielski was saying. "Then the guy points at his shirt and says, 'I have a white shirt on, and it'll get dirty if I get in the mud.' And I say, 'It's going to get red if you don't get on the [expletive] ground.' "
In the end, the guy got muddy, and he got arrested, too, charged with attempting to break into Koscielski's Guns & Ammo, at 2926 Chicago Av. S. That was just one of three attempted break-ins at the store in the past two weeks, during which time there has been a rash of burglaries near the corner of Chicago and Lake Street.
(More about Koscielski's problems with local zoners)
Labels: business burglary, MN
Thursday, January 13, 2005
Minneapolis, Minnesota
Apparently published on January 13, 2005 by KMSP TV:
One person who is happy with the state's "permit to carry" law is the owner of a small hardware store in Minneapolis. A man with a gun tried to rob the manager of Camden Hardware in the 48-hundred block of Lyndale Avenue North just after 9 last night. The manager decided to fight back, and it’s not the first time.
...
The store manager was locking up Wednesday night when he noticed a strange car parked across the street. He ran over to his truck, but before he could get there, he was met by a man with a gun pointed right at his face, demanding money. That's when the manager pulled out his own gun and started shooting.The suspect then ran back across the street, got in a vehicle and sped off.
Police caught up with the suspect a short time later at North Memorial where he was being treated for a gunshot wound. Officers also arrested two accomplices who were in the car. The store manager wasn't hurt.
...
This isn't the first time workers have foiled an attempted robbery at their store. In November of 2003, Lange and another employee ran after a suspect who robbed the store at knifepoint. They held him until police arrived. "Those people would still be out there and maybe the next person out there might have gotten shot or hurt or whatever, so it is kind of nice that things work out for the good guys."
...
Minneapolis police say the manager does have a legal permit to carry a weapon. Investigators say no charges are expected against him because this appears to be a case of self-defense.
Labels: concealed carry permit, MN, street robbery
Saturday, July 10, 2004
Lauderdale, Minnesota
From the St. Paul Pioneer Press of July 10, 2004
Burglar met with gunshots
Homeowner confronted intruder
A homeowner in Lauderdale shot and wounded a suspected burglar he surprised Friday afternoon as the bandit was leaving the home with a gun in his hand, police said.
The burglar apparently had taken the gun from the home and pointed it at the homeowner when the confrontation began, according to St. Anthony Police Capt. John Ohl.
The homeowner, whose name was not released, pulled another gun and fired several shots. At least two of them struck the other man, Ohl said.
The suspected burglar underwent surgery at Regions Hospital, and his condition was not available.
The shooting victim arrived at the home in the 1800 block of Carl Street on a bicycle. He carried no identification, and police had not determined his name, Ohl said. The suspect is an adult man, Ohl said.
The homeowner had been working outside and was walking around the side of the house when he spotted the suspected burglar, Ohl said.
Ohl said he didn't know why the homeowner happened to be carrying a gun at the time.
Bullet holes could be seen in two garages across the alley from the homeowner's garage. The neighborhood has many young children.
Labels: assault, MN, residence burglary
Saturday, June 26, 2004
Askov, Minnesota
From the Minneapolis Star Tribune of June 23, 2004
A more representative headline would be "Armed civilians capture suspected shooter".
Teen held in father's shooting death
For more than four hours Tuesday, authorities searched this small town and the surrounding woods and prairie of Pine County looking for a boy who allegedly shot and killed his father earlier in the morning.
For more than four hours, the word was out that a 15-year-old boy was on the run.
So when the teenager appeared, armed with a gun, near Hwy. 23 just south of town early Tuesday afternoon, the three men working at a nearby auto shop -- Matt Gebhart, Scott Jorgensen and Brian Volk -- knew what to do.
They got their guns.
Minutes later, they surrounded the boy and talked him into dropping the gun. Deputies arrived a short time later and arrested the boy, identified by acquaintances as Dallas Wright, in connection with the shooting of his father, Norman R. Wright Jr., 47, on the front lawn of the family's home.
(MORE)
Sunday, June 20, 2004
Cambridge, Minnesota
From the Isanti County News of April 21, 2004
Homeowner holds suspect at gunpoint, three arrested
It was the sound of breaking glass that awoke the homeowner on 323rd Ave. N.E. April 9. Grabbing his shotgun he went to investigate and encountered three men in the house.
While two of the men fled, the homeowner held Jeffery Robert Hanson, 22, of Cambridge, at gunpoint while calling the police. The two other suspects were located by law enforcement and arrested on suspicion of aiding and abetting burglary.
Ryan Albert Thompson, 20, of Andover and David Douglas Tode, 32, of Blaine, both appeared before Judge James Reuter April 12, along with Hanson and all three were charged with aiding and abetting felony first degree burglary. Bail for Hanson and Thompson was set at $20,000 and for Tode at $10,000.
All three were scheduled to appear again in court April 21.
Labels: MN, residence burglary
Thursday, April 29, 2004
St. Paul, Minnesota
From the Twin Cities Pioneer Press of April 29, 2004:
OF THE PEOPLE: Gun law turns 1 year old
David Haagensen drives to work with his gun on the seat next to him, and he says it came in handy one night a few weeks ago.
Haagensen, attending one of two competing events Wednesday that commemorated the passage of the state's new gun law, said he foiled an attempted carjacking as he was on his way to work the late shift at Abbott Northwestern Hospital in Minneapolis.
"I pointed it at his head, because he was trying to open my locked door, and he was pointing a gun at me,'' he said. "He ran away. I drove to work and called the cops.''
Labels: carjacking, MN
Saturday, April 03, 2004
Eden Prairie, Minnesota
First reported use of a concealed weapon by a licensee under the new Minnesota law. In this case, we have a copy of the police report available here as a multi-page TIF file. A summary of the report appears here.
Important points: the attacker (as even the attacker admits to police) is a bicyclist who loses his temper when a driver honks his horn. The driver asserts that he was honking the horn to let the bicyclist know of his presence. The bicyclist catches up at the next light, throws the bike down in front of the vehicle, and grabs the driver by the throat. The driver starts to pull his gun, warns the attacker, and drives over the bike.
Both call the police: they charge the bicyclist, based on his own statement, and that of a witness to the confrontation.
Labels: assault, concealed carry permit, MN
Saturday, December 06, 2003
Columbia Heights, Minnesota
Apparently this happened December 2, 2003, as reported by KTSP TV:
COLUMBIA HEIGHTS - Police are on the lookout for two men involved in a home invasion.
Investigators say it happened Tuesday night at a house on 38th Avenue Northeast. Four masked, armed men kicked in a door and ordered the family to get down.
The homeowner was able to get away and get a gun. He shot one of the attackers.
All of the men then ran away.
After a car crash, police arrested two of the men, but the two others escaped.
Labels: home invasion, MN
Monday, December 01, 2003
St. Paul, Minnesota
From the St. Paul Pioneer Press of November 29, 2003
4 arrested after robbery, shooting
Two adults and two juveniles were arrested Friday for allegedly shooting a clerk during an attempted robbery at a St. Paul temporary staffing employment agency.
When confronted at gunpoint by the would-be robbers, the clerk ran toward his office and was shot in the elbow, but grabbed his own gun and fired shots at the robbers, police said. The robbers fled but were apprehended by police who observed a vehicle matching the description of the one the robbers were driving.
Police recovered a semiautomatic handgun and an assault-style handgun and arrested two adults and two juvenile males. All were booked for investigation of aggravated robbery.
Labels: business robbery, defender shot, MN
