Civilian Gun Self-Defense Blog

Resident Fires Gun At 3 Burglars

A couple being robbed in their home Monday night was able to fire a shot at the burglars, police said.

At about 10:30 p.m. Monday, police said three white men entered at home at 11029 Jones St. through an open garage door. The residents told police the robbers demanded money at gunpoint. One of the residents was able to grab a gun and fire.

No one was hit and burglars got away.

Labels: home invasion, NE, residence robbery

Armed burglar foiled by man with B.B. gun

An armed teenager was held at B.B.-gunpoint by the man he allegedly was trying to steal from at 23rd and Dudley streets early Wednesday.

The resident of the home told police he was sleeping, when a noise startled him. He grabbed a B.B. gun in his room and went to investigate, then found a person he did not know in his hallway.

The man was able to hold the suspected burglar until police arrived at the scene, Lincoln Police Officer Katherine Finnell said.

Police arrested a 16-year-old on suspicion of burglary, and said they found a loaded .22-caliber pistol in his shoe. The teenager was taken to the Youth Detention Center.

Labels: NE, residence burglary

Jury finds Stella man not guilty in shooting death

Richardson County District Court jurors found Dennis L. Lockard not guilty of second-degree murder Saturday morning in the Aug. 18 death of James Nutile, 32, of Humboldt.

Lockard embraced his attorney, James Martin Davis, of Omaha, after the verdict was read at 10:53 but then left the courthouse without comment.

The case went to the jury of seven men and five women on Friday, after a week-long trial. Lockard, 39, of Stella, faced charges of second-degree murder and use of a firearm to commit a felony. He was found not guilty on both.

In closing arguments, defense attorney James Martin Davis said his client obeyed one of the oldest laws in human history: the law of self-preservation. Lockard testified during the trial that after he fired a warning shot meant to stop a fight between Nutile and another man, Nutile rushed Lockard, grabbing him with one hand while "slashing" him with the other. As Lockard fell, he felt he was being stabbed, Davis said.

Assistant Nebraska Attorney General Corey O'Brien, who helped prosecute the case, said Lockard could have chosen many options that would have left Nutile alive. Instead, he introduced a gun into a fistfight, making a volatile situation worse.

What was not disputed was that Nutile was partying with friends outside a house on Main Street in Stella while Lockard was visiting his parents next door. Nutile got in a fight with one of his friends, and Lockard tried to break it up by firing a warning shot with a .40-caliber handgun.

After the warning shot, Nutile rushed Lockard and knocked him down. Lockard fired two more shots from the gun, both of which struck Nutile in the chest.

One major dispute involves Nutile's position after he pushed Lockard. Four eyewitnesses to the shooting, who testified for the prosecution, said Nutile was standing when the bullets hit him. Lockard and his 19-year-old son, who also witnessed the shooting, both testified that Nutile was on top of Lockard.

A pathologist's testimony seemed to support Lockard's version because gunpowder residue recovered from Nutile's shirt showed that one of the fatal shots was fired from no farther than a foot away. Tests couldn't determine the distance from the other shot.

Jurors also heard from Terry Davis, a forensic psychiatrist from Omaha, who said enough methamphetamine was present in Nutile's blood to say with certainty the drug was having an effect on him. People on meth can be violent, aggressive, psychotic, anxious and delusional, among other behaviors, the psychiatrist said.

(More about the trial)

Labels: assault, NE

NP woman shoots intruder

A 37-year-old North Platte man was shot several times and killed early Wednesday morning after he reportedly forced his way into a mobile home at 2801 West 19th.

According to Lt. Rick Ryan of the North Platte Police Department, a call came in at 2:30 a.m. on Wednesday from the 2800 block of West 20th, reporting shots being fired in the area.

Ryan said Tiffany Howell, 19, told officers that she had shot an intruder but didn’t know if he was alive. After shooting the man, she reportedly fled through the back door and went to a neighbor’s house.

Police found the man lying inside the front door of the home and identified him as David Allen, 37, of North Platte. Ryan said paramedics were called to the scene, and they determined Allen had died at the scene.

A search warrant was issued, and police located a semi-automatic rifle and several spent cartridges in the home. The man’s body has been transported to Scottsbluff for an autopsy.

Ryan said they will not know exactly how many times Allen was shot until the autopsy is completed. He said the incident is being investigated at this point as a homicide.

“We investigate all deaths like this as a homicide,” Ryan said.

Howell was home alone at the time of the incident, according to Ryan. He said the home belongs to Howell’s boyfriend, the person Allen was looking for when he tried to enter the house.

“They were acquaintances,” Ryan said.

Ryan said Howell talked to Allen through the front door. She told Allen that her boyfriend was not home and asked him leave. Allen eventually convinced Howell to open the front door.

Howell opened the door slightly to talk to Allen, according to Ryan, but she still didn’t let him into the house. When she tried to shut the door, Allen allegedly put up his hands and pushed the door open, entering the residence.

Howell was holding a Ruger Mini-14 .223 semi-automatic rifle when Allen entered the house. Ryan said Allen became rude to Howell and refused to leave, so Howell aimed the weapon at him and told him to get out of the house.

“He refused to leave the house and he went after her, at which time she fired several shots,” Ryan said.

Shooting investigation leads to burglary charges

The investigation into the shooting death of 37-year-old David Allen of North Platte unexpectedly led police to solve a string of recent burglaries.

Allen was allegedly shot to death by Tiffany Howell, 19, at 2801 West Ninth Street in North Platte March 21. The police said Allen entered the trailer house of Howell’s boyfriend and that Howell shot him several times with a Ruger Mini-14 .223-caliber rifle.

Howell ran to a neighbor’s house, dropping the rifle in the back yard.

While investigating the shooting, police discovered at least 24 items that they suspected had been stolen from various businesses recently.

The police, who had been investigating the burglaries, realized that the merchandise stored at the crime scene might be stolen loot from the burglaries.

The owner of the trailer, who rented the trailer to Howell's boyfriend, told the police that Mitchell T. Pappas had asked him if he could store the merchandise there.

The investigation revealed that the merchandise was allegedly stolen from area businesses.

The police investigated and learned that Pappas had allegedly been bragging about doing the break-ins.

Pappas was charged with burglarizing Kohler Trailer Sales, 3821 Rodeo Road on November 10; Troyer Enterprises, 702 N. Bailey on November 20 and Racing Components at 302 West Eugene on December 14, 2006.

Pappas could face a maximum 60-years imprisonment if convicted of all three crimes. He is being held in the Lincoln County Jail on a $50,000 bond and his next court hearing was April 5.

Lt. Rick Ryan said the investigation into the March 21 shooting was still underway and that they still awaited the autopsy results.

Labels: altercation, home invasion, NE

OMAHA, Neb. -- An Omaha man said his instincts took over when he saw four people trying to knock down his door early Thursday morning.

Jon Cowdin said he heard someone trying to break in and when he went to the door, he said he encountered a group of burglars.

"He tried shoving in a gun at me through the door, and I took the gun out of his hands before he got the chance to fully point it at me," Cowdin said.

The Douglas County Sheriff's Office said it was called to the area of 103rd and Ida streets for shots fired at the Park Meadows Estates mobile home park.

Cowdin said he felt the adrenaline pumping and fought back, shooting through the door with the crooks' gun.

"I turned the shotgun back around, and I shot him in the head, unfortunately. I wish I would have missed him and they would've run, but I hit one," Cowdin said. "I hope he's OK, but he shouldn't have been doing what he was doing."

Blocks away, deputies stopped the four people. A 16-year-old in the car had been grazed in the head by a gunshot. He was treated and released at Creighton University Medical Center then was taken into police custody, deputies said.

Also arrested were Jacobee Knave, 21, and Jerrett Jackson, 18, and another unnamed juvenile.

Cowdin said he doesn't know who the suspects are or what they were after.

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

No charges filed on student accused of shooting his father

Ray Keefer, 17, a high-school student who shot his father in the leg early March 25, appeared in court March 29. No criminal charges were filed against him.

Lincoln County Attorney Jeff Meyer said March 28 that no charges against the boy are planned, although he is still investigating the incident.

Keefer was arrested for first-degree assault and use of a deadly weapon to commit a felony March 25 after he allegedly shot his father Thomas Keefer in the left leg with a .38-caliber handgun.

The bullet splintered Tom Keffer's bone and stayed lodged in his leg.

Tom Keefer, 42, was treated at the hospital and released. He was charged March 27 with felony child abuse, use of a weapon to commit a felony, domestic assault and terroristic threats.

Tom Keefer appeared in court March 27 on crutches and asked for a “reasonable” bond. “I still have a bullet in my leg that needs to be removed,” he said.

Lincoln County Judge Kent Florom set Tom Keefer’s bond at $25,000 and ordered him to have no contact with his son Ray or wife Lori Keefer.
…

Lincoln County sheriff’s deputies were called to the Keefer home at 243 S. Maloney Drive at about 2:30 a.m. March 25. Shortly after arriving, they heard a gunshot from inside the house.

Ray Keefer exited the home and told deputies that he had shot his father in the leg.

Deputies entered the home and found Tom Keefer bleeding on the living room floor.

The affidavit said Ray told deputies that his mother and father had been fighting after Lori and Ray arrived home about 2 a.m. Tom threatened both Ray and Lori with the unloaded pistol, then loaded it and fired it once into the ceiling of the home.

The affidavit said Tom then put the loaded gun to Ray’s head and told him to leave the residence.

A struggle ensued and Ray recovered the gun from his father, the affidavit said. Ray then went to his room but Tom followed him and attempted to get the gun back, according to the affidavit.

Unsuccessful at retrieving the gun, Tom then went into the living room and began assaulting Lori, so Ray said he went back into the living room carrying the gun. When Tom saw Ray there, according to the affidavit, he became angry with his son and lunged at him. That’s when Ray fired the gun, striking his father in the left leg.

Deputies said Lori Keefer was intoxicated and said she was not present when her son shot her husband. No charges have been filed against her.

Keefer guilty of threats, child abuse

Tom Keefer, the North Platte man shot in the leg a year ago by his teenage son after a violent fight with his was found guilty of terroristic threats and child abuse in Lincoln County Court Monday.

Keefer, 43, 243 South Maloney Drive, pleaded no contest and was found guilty of the amended charges. Charges of use of a weapon to commit a felony and domestic assault were dismissed in exchange for the plea in a plea agreement with prosecutors.

Keefer faces a maximum of five years imprisonment, a $10,000 fine or both for the felony terroristic threat charges. He also faces one year imprisonment, a $1,000 fine or both for the misdemeanor child abuse charge. He will be sentenced April 30.

Keefer was charged with the crime after Lincoln County Sheriff Deputies were called to their home March 25, 2006.

Deputies said Keefer’s son Ray told them that he had returned to his home early that morning with his mom and two friends. Ray and his friends were playing video games when Ray heard his mom and dad arguing, deputies said.

Ray told the deputies he separated his parents by pulling his dad off of his mom.

Keefer then ordered Ray to send his friends home, which he did, deputies said. While Ray was walking his friends outside, he heard the argument again and ran back inside.

Deputies said Ray told him Keefer had pinned his wife, Lorie, to the couch and that Tom had a handgun in his hand, pointing it at her head.

Ray told the deputies he jumped on his dad’s back to wrestle it away and Keefer told Ray the gun wasn’t loaded.

Ray told the deputies that as he sat by his mom on the couch, Keefer left the room then came back in saying, “now it’s loaded.” He then fired a round into the ceiling.

Ray and Keefer began to fight and struggle and the gun fired a second time, this time into the floor, deputies said.

Ray said he then grabbed the gun from his father, who repeatedly asked him to give it back. When Ray refused, according to deputies, Keefer walked toward his son saying, “shoot me, shoot me. Or give the gun back so I can shoot myself.”

Ray told deputies that his father continued to advance on him so he shot him in the leg.

Ray, then 17, was originally arrested for assault but felony charges against him were never filed because prosecutors decided his shot his father in self defense.

P. Stephen Potter, Keefer’s attorney, said he intended to offer a different version of events at sentencing but advised Keefer to plea no contest to take advantage of the plea agreement. He said Keefer had successfully completed treatment.

Labels: assault, criminal's gun taken away and used against him, domestic abuse, minor defender, NE

2nd Arrest Made In Tobacco Shop Shooting

Sham Journey Killed Tuesday

Omaha police have arrested two men in connection with a Tuesday shooting outside a midtown tobacco store.

Omari Manuel, 23, was arrested on a charge of first-degree murder. Police said Manuel was seen driving a white vehicle that was connected to the robbery turned shooting.

Herbert Elliott Jr., 22, was arrested and charged with first-degree murder, use of a weapon to commit a felony and felon in possession of a firearm.

Police said an armed robber entered Hamilton Outlet Tobacco store near 41st and Hamilton streets at about 1:30 p.m. Tuesday. Police said more than one employee of the store chased the robber out into the street. Shots were fired, and tobacco store employee Sham Journey, 24, died at the scene.

An eyewitness to the shooting said he saw store owner David Kline fire a gun, and police confirm the report, but said it was not Kline who killed Journey. The witness, the Rev. Les Jordan, said he had a clear view of the incident as he stood in his secretary's office in the church across from the tobacco store.

"All I know is, the owner of the store was standing there in the street unloading his gun, toward the man who was laying in the street with blood running out of his head," Jordan said. "I get up, look out the window, pull the shade back, and there's a man, standing in the street with his hands like this, and he's still -- boom, boom, boom, boom."

Jordan said Kline was shooting as he ran out of his story. Jordan said he looked out a second window in the direction that Kline was aiming.

"I look out the window and I see a man lying in the street convulsing and I think, 'Oh no. He's in trouble,'" Jordan said.

Jordan told his secretary to call 911 and he ran to help to the victim.

"I ran up to him, and when I got there, I could tell he was gone," Jordan said.

A man who lives across the street from the tobacco shop wanted to remain anonymous, but told KETV NewsWatch 7 that he talked to workers in the store about the weapons they had inside.

"They said they had a .357 in there, and a .44, and a bamboo stick. That's what they used to do; they used to walk around, talking about the weapons they had in there," the man said.

Kline and his business partner have not commented. Again, police said it was not a bullet from Kline's gun that injured and eventually killed Journey.

Neighbors Want Charges Against Tobacco Store Owner

Fatal Shooting Put 2 Behind Bars

Some midtown neighbors want a business owner arrested following a fatal robbery last month.

David Kline was shooting at two robbery suspects who ran from his Hamilton Outlet Tobacco store, near 41st and Hamilton streets. Police said that during the gun battle, a robber's bullet killed store employee Sham Journey, 24, who was outside, too.

Two people are under arrest. Omari Manuel, 23, and Herbert Elliott, 22 are charged with first-degree murder.

Some neighbors said Kline should be jailed, too.

"I just like to know if we should all go get us a gun to defend ourselves," said the Rev. Les Jordan, who witnessed the incident from inside his nearby church. "When I looked out the window, I saw the owner of the store here in the middle of the street positioning himself like this and shot his gun several shots in a row."

Some people believe Kline acted in self-defense.

"I don't believe it's self-defense when you ran a block down the street from your building and had a shootout in the middle of my street," Jordan said.

Jeannie Dickes is the neighborhood president. She said several of the nearby homes have bullet holes. The damage left by the gunfire has neighbors asking for compensation.

"He pursued and chased. It's a whole other story when you're out of the store," Dickes said. "Shooting like a vigilante. It's like the wild, wild west. This is 1:30 in the afternoon, during the Christmas season -- kids are out of school."

Neighbors said they won't rest until Kline is charged with something.

"He certainly did break the law," said neighbor Sabrina Sanchez. "I mean, I can't go shooting a gun down the street. I would certainly go to jail."

Kline, who owns the Hamilton Outlet Tobacco store with his brother, was unavailable to comment.

The Douglas County said his office is still reviewing the case and no decisions have been made regarding Kline.

Dornan: Tobacco Store Owner Acted In Self-Defense

No Charges Against David Kline

The owner of Hamilton Outlet Tobacco will not be charged for shooting at a robbery suspect seven weeks ago.

Police said there's no probable cause for an arrest. Douglas County Attorney Stu Dornan said store owner David Kline was acting in self-defense.

A shooting outside the Hamilton Outlet Tobacco store at 40th and Hamilton streets in late December killed store employee, Sham Journey. Journey was shot and killed while chasing two robbery suspects.

Kline fired at the suspects as he gave chase. It is believed the shot that killed Journey came from one of the suspects.

Residents of Omaha's Orchard Hill neighborhood had been fighting to have Kline charged.

The two robbery suspects, Herbert Elliott Jr., 22, and Omari Manuel, 23, are charged with first-degree murder.

During the investigation, police found a box that contained marijuana, a small amount of cocaine and mushrooms inside the tobacco store. However, no drug charges were filed against Kline or any of the store employees.

2 Will Face Trial In Tobacco Store Shooting

Owners May Have Shot Gun 10 Times

Two men charged in the December shooting death of a tobacco store clerk are heading to District Court on first-degree murder charges, and testimony suggests the store owner fired 10 shots at the robbers.

On Tuesday, two Omaha police detectives testified Omari Manuel and Herbert Elliott are responsible for the death of Sham Journey. Journey was an employee of the Hamilton Outlet Tobacco shop, and was shot in December during a robbery of the store.

Early on in the investigation, there was a question as to whether the bullet that hit Journey was fired by storeowner David Kline or one of the alleged robbers.

Kline was cleared of any wrongdoing last month by the county attorney, who said he acted in self-defense.

(More detail)

Labels: business robbery, NE

One dead, one injured in Benson shooting

With a gun pointed at his business partner's head, an owner of Benson Jewelry and Loan shot at two men attempting to rob the pawnshop Tuesday afternoon, the wife of one of the shop's owners said.

The shooting left one of the men who entered the shop dead and another in extremely critical condition.

The owners of the shop, Norm Sargent and Ken Blankenship, are fine, said Sargent's wife, Beth, when reached at home.

Beth Sargent said her husband told her two men were robbing the store and one pointed a gun to her husband's head. She said her husband told her that Blankenship shot at the robbers.

Norm Sargent and Ken Blankenship were still at police headquarters giving statements late Tuesday night.

Police would not confirm Tuesday night details of how the shooting occurred, or who had done the shooting. Police Officer Andrew Passo did say, however, that no suspects were being sought.

Killed in the shooting was Kendall Tealer, 18. The other shooting victim, Brandon Bowie, 17, was in critical condition at the Nebraska Medical Center. A radio dispatcher said rescue workers attempted to resuscitate one man en route to the hospital. A hospital spokeswoman declined to give a report on Bowie's condition late Tuesday night.

No Charges Against Pawn Shop Owner

Acted in self defense

The Douglas County Attorney will not file charges against the owner of a Benson pawn shop following a fatal shooting this week.

County Attorney Stu Dornan has reviewed the evidence and determined that Ken Blankenship Sr. fired at would be robbers in self-defense.

Dornan's review of the evidence indicated the suspects were in the store for about 15 seconds and that the shots were fired over a period of five seconds.

Blankenship shot and wounded 17-year-old Brandon Bowie who was holding a handgun to the head of the pawn shop's co-owner. He then turned and fired on 18-year-old Kendall Tealer Jr. after Blankenship claimed Tealer had grabbed a shotgun sitting behind the store's counter. He fired again at Tealer's back as he was running out of the store. Tealer died in the street in front of the pawn shop.

For the first time Dornan's review of the evidence indicated that Tealer was also carrying a loaded weapon and had pointed it at Blanekenship's head.

Dornan says he will file charges of robbery and use of a weapon against Bowie who remains hospitalized following the shooting.

Pawnshop Plea

Suspect doesn't contest charges

Eighteen-year-old Brandon Bowie has pleaded no contest to charges in connection with a botched robbery of a Benson pawnshop.

In November, Bowie and Kendall Tealer were shot when they tried to rob the Benson Jewelry and Loan. Bowie was paralyzed and Tealer died.

The Douglas County attorney found that the store's owner acted in self-defense when he shot the two armed robbers.

Bowie entered his plea Tuesday and will be sentenced in November. He faces up to 70 years in prison.

Labels: business robbery, minor offender, NE

Police said a man who is accused of participating in an Omaha home invasion turned himself in Sunday night

Police said Leron Sharp was involved in a home invasion near 29th and Martha streets.

Police said he was shot in the abdomen by the homeowner.

Labels: home invasion, NE

Omaha man shoots back at intruders

A 54-year-old Omaha man exchanged gunfire Sunday with intruders at his home.

Police said they responded to a break-in at the home of Rene J. Cantu, 2925 Martha St., about 7 p.m.

Cantu told police that three people forced open a door and began shooting at him. He said he fired back and may have hit one or more of the intruders.

Cantu was shot in the right hand and was treated at the Nebraska Medical Center and released, a spokesman said.

Labels: assault, home invasion, NE