10/19/09
Schroeppel, New York
From the October 18, 2009 Syracuse Post-Standard:
Schroeppel, NY - When Deanna Candee and her son, Adam, returned from a shopping trip Saturday to their Schroeppel home, they suspected something was wrong when they saw the garage door open.Candee’s home had been ransacked. An intruder was still inside.
As her 25-year-old son moved toward the cellar to check out a noise, Deanna, 48, started into the house, said Wilson Candee, Deanna’s father-in-law.
The intruder confronted her and grabbed her by the hair, Wilson Candee said. Adam heard his mother scream, went to her aid and pulled the intruder off. He and the stranger began to struggle.
The fight ended, Oswego County Sheriff’s officials said, when Deanna grabbed her pistol and shot the man.
Phoenix police found Timothy Hartigan, 39, dead in a bedroom when they arrived shortly after 8:30 p.m. Saturday.
Sunday, Wilson Candee provided details about the struggle based on his conversations with Candee, his grandson, and investigators.
Candee legally owned the gun with which she shot Hartigan, sheriff’s department officials said.
...
Wilson Candee said the intruder’s motive did not appear to be theft. Money left in a wallet was untouched and no articles appeared to have been gathered for removal, he said.
But he said he was told the house had been thoroughly vandalized with doors broken, glass smashed, and pictures and knick knacks knocked from the walls. Cutlery was strewn along the hallway leading to the bedroom. There also were signs that the intruder had cooked bacon and eggs, he said.
Hartigan had a history of mental illness, according to his former wife, Denise L. Cunningham, and a man answering the phone at Hartigan’s mother’s home who identified himself as Hartigan’s brother-in-law.
When Hartigan was taking his medications he was a great guy, a good father to his two children and a good friend to many, Cunningham said. He was artistic and enjoyed drawing and woodcarving, although he did less after he was diagnosed, she said.
“When he was on his medicine he was a good person,” Cunningham said. “He would never have dreamt of doing this.”
Cunningham said her former husband was diagnosed a decade or so ago and recently had been treated at University Hospital.
“His son and I had just gone to visit him ... we actually saw him a week ago today,” Cunningham said.
The hospital released Hartigan on Tuesday, she said. Hartigan’s illness could not be learned Sunday.
A spokeswoman for the hospital declined to comment, citing privacy regulations.
Hartigan was no longer living at the downtown Syracuse YMCA, where he had resided about eight years, Cunningham said, and she didn’t know where he was living after his discharge.
Labels: home invasion, NY
9/21/09
Syracuse, New York
From WSYR of September 20, 2009
Police say home invasion victim acted in self defense
The man who shot and killed two men Saturday in North Syracuse will not face any charges. Police say the man was acting in self-defense.
Jeffery Bush was in his home with friends when two men broke into Bush's home on Elm Street around 1:00 am Saturday. Police say those two men were indentified as Thomas Lashomb and Wade Brown. One of them attacked Bush, but he was able to get away, grab a gun and shoot the two men, killing both of them.
Bush’s neighbor, Joel Wardle, was surprised by the events in his neighborhood.“It's crazy; this area is pretty safe, so for something like that to happen around here, that's kind of odd,” said Wardle.
North Syracuse Police say the men knew each other, but they are not yet sure why the suspects targeted Bush at his home Saturday.
Labels: home invasion, NY
8/14/09
Harlem, New York
From the New York Times of August 13, 2009
Harlem Store Owner Shoots 4 Robbers, Killing 2
They strode into the restaurant supply store in Harlem shortly after 3 p.m. on Thursday, four young men intent on robbery, one with a Glock 9-millimeter pistol, the police said. The place may have looked like an easy mark, a high-cash business with an owner in his 70s, known as a gentle, soft-spoken man.
But Charles Augusto Jr., the 72-year-old proprietor of the Kaplan Brothers Blue Flame Corporation, at 523 West 125th Street, near Amsterdam Avenue, had been robbed several times before, despite the fact that his shop is around the corner from the 26th Precinct station house on West 126th Street.
There were no customers in the store, only Mr. Augusto and two employees, a man and a woman. The police said the invaders announced a holdup, approached the two employees and tried to place plastic handcuffs on them. The male employee, a 35-year-old known in the community as J. B., struggled with the gunman, who then hit him on the head with the pistol.
Watching it happen, Mr. Augusto, whom neighborhood friends call Gus, rose from a chair 20 to 30 feet away and took out a loaded Winchester 12-gauge pump-action shotgun with a pistol-grip handle. The police said he bought it after a robbery 30 years ago.
Mr. Augusto, who has never been in trouble with the law, fired three blasts in rapid succession, the police said, although Vernon McKenzie, working at an Internet company next door, heard only two booms, loud enough to send him rushing to a window, where he heard someone shout: “You’re dead! You’re dead!”
The first shot took down the gunman at the front. He died almost immediately, according to the police, who said he was 29 and had been arrested for gun possession in Queens last year and was the nephew of a police officer.
Mr. Augusto’s other two blasts hit all three accomplices, who stumbled out the door, bleeding.
One of them, a 21-year-old, staggered across 125th Street and collapsed in front of the General Grant Houses, a nine-building complex with 4,500 residents, one of the city’s biggest housing projects. Someone called 911, and an ambulance rushed him to St. Luke’s-Roosevelt Hospital Center, where he was dead on arrival. The police said he had a record of arrests for weapons possession and robbery.
Another wounded man left a blood trail that the police followed to 125th Street and Amsterdam Avenue. The fourth wounded man was picked up, on the basis of witness descriptions, at 128th Street and St. Nicholas Terrace. Both were taken to St. Luke’s.
The names of the men who were shot — two dead and two wounded — were not immediately released by the authorities. The two at the hospital, both 21 years old, were in stable condition late Thursday night, the police said.
(Much more)
From the New York Times of August 14, 2009
Back at Work, Harlem Store Owner Recounts Shooting
A day after shooting four men who tried to rob his restaurant supply store, killing two of them, Charles Augusto Jr., 72, was back at work in Harlem on Friday morning. His feelings the day after he pulled the trigger? “I wish I didn’t need to,” he said.
Mr. Augusto, who goes by Gus, opened the shop, the Kaplan Brothers Blue Flame Corporation, at 523 West 125th Street, near Amsterdam Avenue, at 8 a.m. He was accompanied by an employee who had been hit with a pistol during the robbery Thursday afternoon. After the employee was struck, Mr. Augusto picked up his shotgun and fired it three times.
The shots killed two men, James Morgan, 29, and Raylin Footman, 21, and wounded two others, Bernard Witherspoon and Shamel McCloud, both 21, the police said. The two survivors are being charged with robbery, the police said.
Mr. Augusto said he had bought the gun, a Winchester 12-gauge pump-action with a pistol-grip handle, after a robbery 20 years ago and had a permit for it. “Not even touched in 20 years,” he said. “Not even touched. I wish I didn’t need to.”
The employee, who goes by J. B. and declined to give his last name, said that he “lost my mind” while the robbers tried to restrain him with duct tape, and that when he struggled, he was hit with the pistol. “Better him with a tag on his toe than my mother planning a funeral for me,” he said of the gunman.
Labels: business robbery, NY
6/11/09
Long Island, New York
From the CNN of June 2, 2009
Merciful storekeeper changes robber's mind, religion
A potential victim became a compassionate counselor during a recent robbery attempt, changing the would-be criminal's mind -- and apparently his religion.
Storekeeper Mohammad Sohail was closing up his Long Island convenience store just after midnight on May 21 when -- as shown on the store's surveillance video -- a man came in wielding a baseball bat and demanding money.
"He said, 'Hurry up and give me the money, give me the money!' and I said, 'Hold on'," Sohail recalled in a phone interview with CNN on Tuesday, after the store video and his story was carried on local TV.
Sohail said he reached under the counter, grabbed his gun and told the robber to drop the bat and get down on his knees.
"He's crying like a baby," Sohail said. "He says, 'Don't call police, don't shoot me, I have no money, I have no food in my house.' "
Amidst the man's apologies and pleas, Sohail said he felt a surge of compassion.
He made the man promise never to rob anyone again and when he agreed, Sohail gave him $40 and a loaf of bread.
"When he gets $40, he's very impressed, he says, 'I want to be a Muslim just like you,' " Sohail said, adding he had the would-be criminal recite an Islamic oath.
"I said 'Congratulations. You are now a Muslim and your name is Nawaz Sharif Zardari.'"
When asked why he chose the hybrid of two Pakistani presidents' names, the Pakistani immigrant laughed and said he had been watching a South Asian news channel moments before the confrontation.
Sohail said the man fled the store when he turned away to get the man some free milk.
He said police might still be looking for the suspect but he doesn't intend to press charges.
"The guy, you know, everybody has a hard time right now, it's too bad for everybody right now in this economy," said the storekeeper.
**Note**
Regardless of the other material in this story, it cannot be ignored that this "conversion" took place at gunpoint, and upon receiving money and some goods, the "convert" fled. No reasonable person would conclude that the would-be robber's actions would have been the same if the storekeeper had not threatened him with a shotgun.
Labels: business robbery, NY
6/9/09
Long Island, New York
From June 2, 2009 WABC channel 7:
LONG ISLAND (WABC) -- A Long Island deli owner pulled a gun on a would-be robber and then gave him cash.
Mohammad Sohail, who owns the Shirley Express, says a bat-wielding man entered the convenience store and demanded money on Thursday, May 21, just after midnight.
Sohail responded by pulling out a rifle. The suspect then reportedly dropped to his knees and begged forgiveness, blaming the tough economy for his turn to crime.
The Pakistani immigrant, who has been on Long Island for more than 20 years, put down his gun and gave the man $40 and a loaf of bread.
"He started crying," Sohail told Newsday. "He was saying, 'I have no money. I have no food. I have no job. I have to take care of my family.'"
Sohail told the man to promise he would never rob anyone again, and then gave him the cash and bread. He says that when he went to get the man some milk, the suspect fled the scene on foot.
Sohail then called 911. Police, who confirmed the account, say the incident is under investigation.
Labels: business robbery, NY
4/1/09
Catskill, New York
From WCAX of April 1, 2009
Man jailed with a gunshot wound after harassing ex-wife
A 47-year-old man is in the Greene County jail with a gunshot wound after State Police say he showed up drunk at his estranged wife's home and harassed her and her sister.
Troopers got a call around 5:30 Monday evening from a 49-year-old woman who said she had just shot her sister's ex-husband.
Police say Geraldine Finelli armed herself with a 20-gauge shotgun after Donald Case Jr. showed up making threats. When Case refused to leave, she fired one round toward the ground, striking Case in the lower leg.
He took off, but was stopped by Catskill village police and taken to the hospital for treatment of the wound. When he was released, State Police charged him with second-degree burglary.
He was arraigned and jailed on $50,000 cash bail or $100,000 bond.
Labels: domestic dispute, female, NY
11/20/08
Brooklyn, New York
From the New York Times of November 18, 2008
Unarmed, Shop Owner Turned Tables on Gunmen
Some would-be robbers picked the wrong shop owner to rob in Brooklyn on Monday night.
Even though he was unarmed, the shop owner, identified by neighbors as Youssouf Drame, 35, wrested a gun away from one of the men and fatally shot two of them. The police say that two other suspects — it’s unclear whether they entered the store — are at large.
Mr. Drame, the owner of the variety store at 1051 Nostrand Avenue in Crown Heights, was also shot multiple times during the struggle and remained in critical condition at Kings County Hospital Center on Tuesday, the police said.
His wife, Soriah Williams, 35, said on Tuesday evening that he had had surgery in the morning but was still in intensive care and not talking.
She said that he had been shot several times and had also been hit in the head.
“Nothing surprised me about what he did,” she said outside of 300 Sullivan Place, about three blocks from the store, where they live with their five children. “The gun would not scare him.”
Drummond Dignott, 19, a clerk, said he was working in the back of the store when the armed intruders entered about 8:20 p.m. He said a customer was also in the store, buying a T-shirt.
“They came in and said, ‘Everybody get down!’ ” Mr. Dignott said. One of the men hit Mr. Drame hard, “and then shots started going off.”
The police identified one of the two men killed as Leon Harris, 26, of 1212 Lincoln Place in Brooklyn. Mr. Harris was pronounced dead at Kings County Hospital Center.
The other man who was shot, whose identity had not yet been released on Tuesday, was dead at the scene, the police said. Both had been shot in the torso, the police said.
The store owner is not expected to face any charges, the police said.
Paul J. Browne, the chief spokesman for the Police Department, said, “Normally we advise people to try to get out of harm’s way, but that is not always possible.” He added that it is unusual for a victim to disarm an attacker.
Mr. Drame is well-known along Nostrand Avenue, a busy commercial strip lined with salons, Caribbean restaurants and 99-cent stores. His store, near Lefferts Avenue, has no sign out front, but it has items for sale displayed in the window and is known as Aliyah’s, according to a neighbor.
Customers who are short of money are often extended credit by Mr. Drame, neighbors said.
He also lets customers duck inside to charge their cellphones, said Troy Wilson, 40, who grew up nearby.
On Tuesday morning, a small, brown-handled pistol lay on the sidewalk against the grate of a beauty salon next door, guarded by the police as they waited for crime scene investigators. One of the store’s windows, which displayed dozens of video game boxes, was broken and shards of glass were scattered in front with splotches of what looked like dried blood.
Neighbors said Mr. Drame opened the store about 10 years ago. Christopher Johnson, 38, who lives on the fifth floor of Mr. Drame’s building, said he has known Mr. Drame for about 12 years.
“A lot of guys try to test him,” Mr. Johnson said. “Why do these guys try to mess with him?”
Labels: business robbery, criminal's gun taken away and used against him, NY
10/11/08
Buffalo, New York
From the October 11, 2008 Buffalo News:
A pizza deliveryman fought off three robbers at gunpoint and shot one of them in the back Thursday night, police say.
The deliveryman, who works for Tomatoes Pizza on Kensington Avenue, walked up to the house in the 400 block of Dartmouth Avenue and was confronted by the three would-be robbers, police said. At least one of the bandits had a gun.
The deliveryman, whose name has not been released, works for the same pizza shop where another deliveryman was fatally wounded during a robbery on New Years Eve 16 years ago.
No charges have been filed in the overnight shooting and attempted robbery, as detectives continue to investigate.
Buffalo police say the deliveryman was not injured.
"He has a permit for the gun, and he apparently used it lawfully to defend himself," Buffalo police spokesman Michael J. DeGeorge said at mid-morning.
Police also have not identified the 15-year-old male who was shot once in the back during Thursday night's robbery attempt.
Following the shooting, which occurred at about 9:45 p.m., the three attempted robbers fled to nearby Shirley Avenue, where at least one of them apparently lives. The wounded teen was taken from there to Erie County Medical Center, where police said he's in stable condition.
Labels: concealed carry permit, NY, pizza delivery driver, street robbery
8/30/08
Buffalo, New York
From the Buffalo News of August 14, 2008
Man escapes flurry of bullets but accidentally shoots himself
A man escaped a flurry of shots fired at him in a drive-by shooting, but when he tried to return fire, he accidentally shot himself, The Buffalo News learned today.
The man was in the 100 block of Hagen Street, in the Bailey-Delavan neighborhood, at about 12:30 a.m. Wednesday when a burgundy vehicle pulled up to him and a gunman inside fired shots at him, according to Northeast District Police.
The man, whose identity is being withheld by The News for his protection, told detectives that he attempted to return fire and suffered a self-inflicted gunshot wound.
No charges have been filed against the man nor has the gunman who fired from the vehicle been located.
The man was treated in Erie County Medical Center and released.
Labels: drive-by shooting, NY
8/26/08
West Hempstead, NY
From the August 26, 2008 Newsday:
Two assailants picked on the wrong guy when they confronted a man exiting his car in his driveway in West Hempstead on Monday night, police said.
The 35-year-old homeowner, who owns a check-cashing business in the city, was armed -- carrying his licensed Glock 9-mm pistol.
When one of the assailants fired at the man, he fired back. No one was hit by the gunfire on Oakford Street before the pair fled.
Labels: concealed carry permit, NY, street robbery
5/9/08
Rochester, New York
From the Rochester Democrat and Chronicle of May 9, 2008
Suspect shot during home invasion in southeast Rochester
City Police officers early today were called to the scene of a home invasion in a southeast Rochester residence.
According to Monroe County emergency dispatchers, officers were called to 120 Laburnum Crescent, just before 1 a.m. Someone reportedly entered the residence and a confrontation ensued, dispatchers said.
Someone in the home allegedly shot the suspect in the back. That person ran from the scene and walked into Highland Hospital for assistance, dispatchers said. He was reportedly taken to Strong Memorial Hospital with injuries that were not considered life-threatening.
Further details of the incident were not immediately available.
Laburnum Crescent is located in Upper Monroe neighborhood, west of Monroe Avenue and south of Interstate 490.
Labels: home invasion, NY
4/29/08
Colesville, New York
From the Press & Sun Bulletin of April 21, 2008
Man shoots bear chasing pet dog
Rusvinder S. Sandhu, of Route 79, Colesville, shot and wounded a black bear who was chasing his pet dog around 1:18 a.m. Sunday.
After he let out his one-year-old Belgian Shepard to go to the bathroom, Sandhu heard incessant barking and upon looking out a sliding door with a flash light he found a medium sized black bear chasing the pet around the backyard, police said.
Sandhu retrieved a 7 mm magnum bolt action rifle and fired a single shot striking the bear in the neck and dropping him under a bird feeder, police said.
The bear was still alive when Broome County Sheriff's Deputy Kevin Mauser arrived, but the animal had to be dispatched with one 12 gauge shotgun slug for safety and humane purposes.
Sandhu told Mauser he was unaware bears in his area, but was now was able to figure out why his bird feeder had been knocked out of its location in a tree, according to a police report.
4/23/08
Queens, New York
From the New York Daily News of April 23, 2008
Robbery victim kills intruder
The victim of a robbery in Queens fatally shot one of the three intruders early Tuesday morning with a gun they left behind, police said.
A man and his girlfriend were returning to their Middle Village apartment about 4:50 a.m. when they were confronted by three men, police said.
According to the victim, the men forced the couple into the apartment, where they tied them up with plans to rob the place, cops said.
Somehow, the victim was able to get loose and grab a gun one of the suspects had left unattended, he told police. He shot one of his attackers in the head, killing him.
The other two fled.
No arrests had been made last night.
Police continued to question the victim, who neighbors said kept odd hours and was unfriendly.
"We didn't think they belonged in a neighborhood like this," said one neighbor in the family friendly area. "No one ever said hello or goodbye to them, and we preferred it that way."
Labels: criminal's gun taken away and used against him, home invasion, NY, residence robbery
3/26/08
Carmel, New York
From Midhudson Most Wanted of March 26, 2008
Druggist wrestles shotgun away from would be robbery
A gunman who tried to rob a Carmel pharmacy Tuesday afternoon was subdued by the pharmacist after a violent struggle.
The robber, armed with a sawed-off shotgun, attempted to rob the store of narcotics.
The incident unfolded at about 12:35 p.m. at the Rite Aid Pharmacy in the ShopRite Plaza on Route 52 in Carmel.
The suspect, identified as David Both, 49, of Kent, allegedly walked up to the pharmacy counter, pulled the shotgun and demanded narcotics from the pharmacy staff.
Both then walked around behind the counter as the pharmacist, Mark Gallagher, complied with his demands by placing drugs into a bag.
When the suspect pointed the shotgun toward two female employees, Gallagher, who later told police he feared the suspect was going to shoot the women, grabbed the weapon. After a struggle, the pharmacist was able to wrest control of the gun from Both and fought him off.
Someone in the store called 911 and patrols from the Putnam, Sheriff’s Office, Carmel and Ken Police and the State Police rushed to the store. Both was taken into custody.
As a deputy was unloading the shotgun, police said it accidentally discharged and fired a slug into a rear wall of the store. No one was injured. Police think the gun may have gone off because it was damaged during the struggle.
Gallagher was not injured in the altercation.
Another store employee, a 64-year-old woman, later experienced chest pains while be interviewed at the Sheriff’s Office. She was taken to the hospital for evaluation.
Both was charged with attempted robbery in the first degree.
**Note** To clear up confusion, the reported perpetrator is named "Both".
Labels: business robbery, criminal's gun taken away and used against him, NY
3/19/08
Anton, New York
From the Anton News of March 7, 2008
Resident Shoots at Suspects
A resident of Elmont shot at two suspects who broke into his residence in an attempted burglary.
According to police, at approximately 1:25 a.m. on Feb. 28, two male suspects kicked open the side door of a Post Avenue home and ordered the 36-year-old male resident not to move.
Police said the suspects then removed cash that was on a piece of furniture in the living room. Police said the resident was a licensed pistol permit holder and produced a handgun. The resident then chased after the suspects, firing one shot, police said. It is not known whether one of the suspects was struck.
One of the suspects is described as a black male, wearing a black, puffy jacket and a dark skullcap.
Labels: concealed carry permit, home invasion, NY, residence robbery
1/17/08
Buffalo, New York
From WKDW of January 16, 2008
Deli Owner Shoots Alleged Robber
Thirty year old Shaun Ford allegedly went into the West Side Market on Carolina Street in Buffalo with a shotgun and a mask. His get away car with license plate partially covered was waiting outside. Police say he pointed a gun at the owner and got more than he bargained for. The owner had a gun too. "He relaxed like he was going to cooperate and then when the guy raised the gun again at him, he believed it's time to shoot, otherwise he was going to be shot at." said Buffalo Police Lt. David Stabler.
"I never felt uncomfortable in there before. Now, I don't know if I want to go back in there." said Kristy Taylor. She lives right next door and visit that store daily. She describes the owner as a kind person. "He's a sweet heart. He's very personable. I'm just glad that nothing happened to him." she said.
"Verbal testimony can be skewed. Things can be forgotten. The video is going to tell us everything." said Lt. Stabler. Charges are not being filed against the owner, but police are thoroughly investigating the shooting.
The owner was unharmed. As for the alleged robber, he left, not in his get away car, but in an ambulance after being hit at least once in the leg. He was transported to ECMC, and is expected to survive. "I think anybody has a right to self defense. Of course, we don't encourage vigilantism, but these store owners or anybody else has the right be safe." said Lt. Stabler.
Labels: business robbery, NY
1/15/08
Buffalo, New York
From Buffalo News of January 15, 2008
Pizzeria owner on Clinton fires shot, thwarting two robbers
The 78-year-old owner of a Clinton Street pizzeria averted a robbery Monday night when he fired a single warning shot, prompting two robbers to run away, police reported.
The attempted robbery took place inside Bocce Club Pizzeria, 630 Clinton, at about 7:40 p.m. when two men entered his business and one pointed a handgun at the owner, according to Ferry-Fillmore District Police.
The owner retaliated by pulling out his own gun and firing a single shot through the pizzeria's plexiglass, which scared off the thieves, police said.
This is the second time this month that robbers have targeted this pizzeria.
On Jan. 2, the owner was confronted at about 7 p.m. by two men who entered his business and one of the men pulled out a black semiautomatic pistol and demanded money from the cash register. During that incident, the men fled with an undisclosed amount of cash.
Labels: business robbery, NY, senior
11/7/07
Buffalo, New York
From the Buffalo News of November 7, 2007
Fired upon in her Winspear home, woman shoots back
A gunman fired a shot Tuesday night into a Winspear Avenue house, and the occupant retaliated by firing a shot back, police reported. No injuries were reported.
The incident happened in the 400 block of Winspear in the city's University Heights neighborhood at about 6:10 p.m.
Northeast District Police said three men dressed in black hooded shirts repeatedly pounded and kicked on the door, and demanded that the woman inside open it, police said.
One of the men then fired a shotgun through the door, near the peep hole.
When the woman used her own shotgun to return fire, the three men drove away, police reported. The woman's shot struck a neighboring house at 494 Winspear.
Police believe two of the men had shotguns, while the third man had a handgun.
Labels: female, home invasion, NY
11/6/07
Saugerties, New York
From the Kingston Daily Freeman of November 5, 2007
Bear, dogs scuffle in Saugerties
Thinking his home was being burglarized, a Saugerties man came face-to-face with a black bear early Sunday morning before his dogs came to the rescue.
Daniel Kelly, of Valk Road in Saugerties, said he and his wife awoke at approximately 2:15 a.m. Sunday to a neighbor's dog barking and considerable noise in his back yard. Kelly opened his back door where the bear stood a few feet away. Without the aid of his glasses, Kelly thought it was a burglar and yelled at the figure.
Luckily, his two 50-pound chow-chow dogs realized this was no burglar and attacked the bear, wrestling with it for close to 20 minutes. Somehow in the struggle between dog and bear, Kelly was blocked from his back door and could not get back in the house.
At one point, he said, the bear tried to climb over the 6-foot fence in his yard, only to be pulled back into the yard by his normally docile dogs. Kelly, who estimated the bear to be slightly taller than his 5-foot 7-inch frame and over 150 pounds, was eventually able to get back in the house and retrieve his 12-gauge shotgun. His wife called 911.
Kelly, who hadn't fired a gun in 20 years, went back to aid his dogs and once again got too close. The bear again took a swipe at him from close-range before he fired a warning shot. This was enough to scare the bear up a tree. Kelly said the bear, which he had no interest in killing, left soon thereafter.
Kelly, who said he half-expected to have to put one of his dogs out if its misery with his gun, was shocked to find them in perfect condition, minus a scratch to one dog's hind-quarters.
Saugerties police responded not long after the bear left. Kelly said Saugerties police also called for the Department of Environmental Conservation, but they never arrived.
10/17/07
White Plains, New York
From White Plains’ The Journal News of October 17, 2007
Man acquitted of assault in Yonkers shooting
A Brooklyn man accused of shooting a Yonkers man in the buttocks last year was acquitted of felony assault charges yesterday but was convicted for illegally having a gun.
A jury found 44-year-old Robert Harris not guilty of second-degree assault and first-degree attempted assault for the Nov. 12 shooting of 29-year-old David Poncurak.
Harris was found guilty of third-degree criminal possession of a weapon, a misdemeanor that became a nonviolent felony because of Harris' past criminal record.
If he had been convicted of the assaults, Harris would have been considered a mandatory violent felony offender and sentenced to life behind bars.
He now could serve two to seven years in prison on the gun conviction. He is scheduled for sentencing Dec. 6 before state Supreme Court Justice Lester Adler.
Defense attorney Barry Warhit argued that Harris shot Poncurak in self-defense because he was being robbed and attacked by Poncurak and Michael Soto. Warhit said the gun belonged to Poncurak, who did not testify at trial. Soto testified against Harris.
Assistant District Attorney John Thomas said Harris never mentioned the alleged robbery to police on the morning of the shooting and that he changed his account of how the gun discharged. Thomas also questioned how Poncurak was shot in the buttocks if he was attacking Harris.
Yonkers police apprehended Harris at his girlfriend's home in Yonkers shortly after the shooting. Police said they recovered a .380-caliber semiautomatic handgun inside a bag in a bedroom closet of the home.
The Westchester County District Attorney's Office could ask that Harris be considered a discretionary persistent felony offender, which could lengthen his prison sentence.
Labels: NY, street robbery
10/14/07
Schenectady, New York
From Schenectady’s Fox23News.com of October 14, 2007
Schenectady Store Owner Shoots Burglary Suspect
A Schenectady shop owner tells FOX23 News that he confronted and shot a man who he says broke into his store early Sunday morning.
Police say the alleged burglar tried to leave the scene of the crime and came face-to-face with the store's owner who was armed with a shotgun.
Investigators tell us that 21-year-old John Sayers of Schenectady is recovering at Albany Medical Center on Sunday night.
Police say Sayers broke into Funn Electronics on Albany Street in Schenectady some time before 6:00 a.m. on Sunday.
The shop owner and his son live above the store.
They tell FOX23 News that they heard glass breaking and went to investigate.
They say that's when they found Sayers inside the building, armed with a wrench.
When the alleged burglar tried to leave, the store owner shot him.
Schenectady Police arrived and arrested Sayers who now faces burglary and criminal mischief charges.
The shop owner's son says he recognized Sayers as a customer of the store.
Labels: business burglary, NY
10/6/07
Newburgh, New York
From Middletown’s MidHudsonNews.com of October 6, 2007
Deli clerk thwarts robbery
A deli clerk is credited with averting a robbery in the City of Newburgh.
City Police said on Friday morning, October 5 at about 6:15 a.m., a man walked into the Star Grocery at 111 William Street, walked behind the counter and pointed a shotgun at the clerk.
The clerk grabbed the weapon, struggled with the would-be robber and pulled the shotgun away from him.
The suspect fled with another employee chasing after him. The robber got away and the employees called the police.
Police said that despite the heroism of the employees, they do not recommend that store clerks wrestle shotguns away from anyone committing a robbery. “This could have very easily been another homicide had the gun been loaded and gone off,” said Lt. Charles Broe, Sr.
Labels: business robbery, criminal's gun taken away and used against him, NY
9/9/07
Hempstead, New York
From New York City’s WCBStv.com of September 9, 2007
Employee Foils Gunman's Donut Shop Robbery On L.I.
A gunman held up a doughnut shop, pistol-whipped an employee and forced her to open a safe but then ran away empty-handed after another employee grabbed his weapon, police said.
The gunman, Karsheam Simpkins, entered the doughnut shop just before 1 a.m. Sunday, confronted the two employees and ushered them toward an office in the back, Nassau County police said. He smacked a female employee with his gun and made her open the safe, they said.
But while he was going through the safe, a male employee snatched his gun from him, police said. He ran out a back door, they said.
Two police officers saw the robber running away and arrested him as he was entering his home a few blocks away, they said.
Simpkins, 31, was charged with robbery and criminal possession of a weapon. He was to be arraigned later Sunday. His home telephone number was unlisted.
Labels: business robbery, criminal's gun taken away and used against him, NY
8/17/07
Bay Shore, New York
From New York City’s WNBC.com of August 17, 2007
Intruder Fatally Shot During L.I. Home Invasion
A homeowner fatally shot one intruder and another escaped after a home invasion on Long Island on Thursday night.
Police said two men broke into a home in Bay Shore around 10 p.m. and demanded cash and drugs from the homeowner.
A struggle broke out and the homeowner shot one of the men and the other suspect fled the scene on foot, according to police. The intruder died at the scene.
Police are searching for the second suspect of the home invasion, but they do not have a description. Police are also checking into the background of the homeowner.
Labels: home invasion, NY, residence robbery
8/7/07
Albany, New York
From Albany’s Fox23News.com of August 7, 2007
Store Robbery & Standoff
A store clerk fights back after an armed robbery in Albany. Tonight, a suspect is in custody following a stand off with police.
The robbery happened at Quail Street News around 5:20 A.M. Store clerk Hafiz Alam was behind the counter when a man walked in the door and demanded money. Alam opened the register and handed over the money, but while putting the cash away, the robber made a mistake. The man set his shotgun on the counter and while he wasn't paying attention Alam grabbed the gun.
The robber ran out the door while Alam called for help. Moments later, the robber came back in, struggled with Alam, and one shot is fired. Luckily, no one is injured and the robber made off with the gun and the money.
Outside, a city worker spotted the man's license plate number and thats how police tracked the suspect to his home at 71 Westerlo Street.
Police shut down streets and evacuated homes while attempting to get the man out of the house. When they got no answer Albany Police fired tear gas into the home. The suspect came out of the building and was taken into custody. He is behind bars tonight, police say he will face charges in the robbery.
Alam, the clerk in the robbery, says he will return to work for his next shift.
Labels: business robbery, criminal's gun taken away and used against him, NY
8/1/07
Ridgewood, New York
From New York City’s WABC of August 1, 2007
Man turns the table on alleged robbersFrom New York’s amNY.com of August 1, 2007
One assailant dead, the other hospitalized
A Queens man opened fire during an alleged robbery attempt outside a Ridgewood home -- shooting his two assailants, killing one.
Eyewitness News is told the 42-year-old man was outside 60-34 Putnam Avenue when he was approached by the two suspects just before 10:30 p.m. last night.
When the two men allegedly attempted to rob him, the man opened fire.
Officials say one of the alleged robbers, a 31-year-old man, was shot multiple times and pronounced dead at Elmhurst Hospital. The other, a 32-year-old man, was shot in the arm and back and taken to the hospital in stable condition.
The 42-year-old gunman was taken to the 104 Precinct and is being questioned. Police say four guns -- a .22 caliber, a .25 caliber, a .357 caliber and a .380 caliber -- were taken into custody at the scene. Numerous shell casings were also recovered.
Authorities are trying to determine the legality of those weapons to determine if any charges will be filed.
Cops: Homeowner fatally shoots gunmanFrom the New York Times of August 2, 2007
A Queens contractor shot two armed men outside his Ridgewood home, killing one and wounding the other when they showed up to collect money from him, police sources said Wednesday.
Lulzim Kupi, 42, was charged with second-degree murder and gun possession, but suggested he was acting in self-defense when he opened fire Tuesday night, killing Gentian Kasa, 31, and wounding Redinel Dervishaj, 32.
My family," Kupi told reporters as he was led by police from the 104th Precinct in Ridgewood. Kupi opened fire when one of the suspects said they'd go after Kupi's wife if he didn't come up with the money, believed to be $20,000, sources said.
Kupi's wife and one son -- two other children are visiting relatives in Albania -- and his parents were inside the Putnam Avenue home at the time, neighbors said.
When the suspects tried to get around Kupi and into the home, Kupi fought back and all three men pulled out guns as the confrontation moved up the block, sources said.
Kupi fired first, killing Kasa with several bullets from his .357-caliber handgun, police sources said.
"The guy was laying down right there," said neighbor Tony Piliego, 77. "Face up. No moving -- nothing."
Kupi then grabbed Kasa's .380-caliber handgun and chased Dervishaj, who tripped and dropped his .45 caliber handgun near 60th Place, sources said.
Kupi shot him several times with Kasa's gun, sources said.
As police raced to the scene, Kupi sat on the curb and told an officer: "I'm the one you're looking for," sources said.
Police said they recovered the three guns at the scene, plus another that Dervishaj had. Dervishaj was treated at Elmhurst General Hospital and is expected to recover.
Kupi owns Marvelous Stairs, a stairway installation business in Ridgewood, and he told detectives he also builds bars in local Albanian social clubs. Detectives weren't sure if Kasa and Dervishaj were trying to shake him down for protection money or if Kupi owed them money for some other reason.
Sources said detectives are also exploring whether the confrontation was linked to Albanian organized crime.
Shortly before the 10:25 p.m. confrontation, Kupi got a phone call with word that Kasa and Dervishaj were heading to his house, sources said.
Sources said Kupi stepped outside and waited.
Kasa, who lived in the neighborhood with his wife, was described by neighbors as quiet and somewhat mysterious.
"He seemed like a nice guy," said one neighbor, Lazlo Reisinger, 34. "But I don't think you want to mess with him."
Contractor Calls Shooting of Two Men Self-DefenseFrom the New York Post of August 3, 2007
One man was killed and another wounded after being shot in Queens late Tuesday by a contractor who told investigators that the men had demanded $20,000 from him and threatened to harm his wife, law enforcement officials said.
The contractor, Lulzim Kupi, 42, told investigators he shot the men in self-defense. He was expected to be charged with second-degree murder and criminal possession of a weapon, the police said. One man who was shot, Redinel Dervishaj, 32, was in stable condition at Elmhurst Hospital Center with gunshot wounds to the arm and torso, law enforcement officials said. The other man, Gentian Kasa, 31, died after being shot several times, at least once in the head, officials said.
The shootings took place about 10:30 p.m. Tuesday on Putnam Avenue, in Ridgewood, close to a tan brick row house Mr. Kupi shares with his wife, three children and two adults believed to be his or his wife’s parents. According to law enforcement officials, Mr. Kupi, an Albanian immigrant, said he had been at dinner with relatives in Connecticut hours before the shooting, when he received a threatening phone call from either Mr. Kasa or Mr. Dervishaj. He told investigators that the caller demanded $20,000 in cash.
Mr. Kupi told investigators he and his family went home, and some time later, he got another call and went outside with a .357 magnum in his pocket or tucked in his waistband.
The police said they believed the three men knew each other from the contracting business, possibly through a job or jobs building bars for Albanian social clubs.
According to the officials, when Mr. Kasa and Mr. Dervishaj arrived, Mr. Kupi said he told them he did not have the money. They then tried to brush past him into the house, reaching for guns, and threatening to rape his wife, Mr. Kupi told investigators. Mr. Kupi told them that Mr. Dervishaj pulled out a .45 semiautomatic as Mr. Kasa struggled to pull a .25-caliber gun from his waistband.
Mr. Kupi said he got his gun out first and shot Mr. Dervishaj, then chased Mr. Kasa down the street. Investigators said Mr. Kupi told them Mr. Kasa had a second gun, a .380-caliber pistol, which he dropped and Mr. Kupi picked up. Mr. Kupi told investigators he then shot Mr. Kasa in the head with that gun.
Mr. Kasa was taken to Elmhurst Hospital Center, where he was pronounced dead, and investigators found nearly $1,000 cash in his clothing, the police said.
Mr. Kasa, who lived about six blocks from Mr. Kupi, had an 8-month-old baby, and his wife was five months pregnant, a neighbor said. The neighbor said she last saw Mr. Kasa on his stoop about 5:30 p.m. Tuesday.
The police said they found all four guns and four spent shell casings after the shooting, which jarred residents of Putnam Avenue. The .357 contained six rounds, all spent, the police said.
Mr. Kupi had no known criminal history, law enforcement officials said. His business, Marvelous Stairs and Handrails, in Flushing, was closed yesterday.
'LOW' BAIL FOR SLAY SUSPECT
An Albanian immigrant - the only man standing after a gun battle with two armed thugs - faced a judge in Queens yesterday where the prosecutor said he could well go free after a grand jury hears his self-defense claim.
Lulzim Kupi, 42, was held on $100,000 bail - low for someone charged with murder and criminal possession of a weapon.
Prosecutor Michael Vozzo told Judge Gene Lopez that he would normally ask for no bail for a murder suspect.
"However, in this case, we feel there is a possibility a grand jury [would return a] 'no true' bill."
If that happened, Kupi would not be prosecuted.
Labels: NY, street robbery
7/10/07
Cheektowaga, New York
From the Buffalo News of July 10, 2007
Liquor store co-owner foils robbery with gunshot
The co-owner of a Cheektowaga liquor store foiled a robbery over the weekend by firing a warning shot and detaining two of three suspects in the holdup try, Cheektowaga police said Monday.
A would-be bandit walked into Town Park Liquor, 2551 Harlem Road, shortly before 10 p.m. Saturday and handed the clerk a demand note, police said. Co-owner James Lesinski, who was alerted to the trouble at his store, went to the scene and fired the warning shot as the thief tried to enter a getaway vehicle, according to police.
One of the two women who had been in the vehicle fled, but she was stopped by a volunteer firefighter in the area, with the help of responding police officers.
Charged with first-degree robbery were Vincent Brock, 46, of Pearl Street, Buffalo; Yvonne Gilliam, 50, of Moselle Street, Buffalo; and Mona L. McEachin, 38, of Cloverdale Avenue, Buffalo. Brock and McEachin also face drug possession charges, according to police reports.
Labels: business robbery, NY
6/21/07
Putnam Valley, New York
From Westchester’s Journal-News of June 21, 2007
Police: Ex-cop shoots attacker, who had been served divorce papers
A retired Kent police officer who was serving legal papers to a town man in a divorce proceeding shot the man in the chest twice yesterday after the man attacked him with a police baton, state police said.
Officers went about 4:30 p.m. to 33 Lincoln Road, where 66-year-old Dennis Illuminate had gone to serve divorce papers on Douglas Greenwich, said Capt. Keith Corlett of the state police.
Greenwich, 52, who was at the house to pick up a dresser, became enraged at the sight of Illuminate, who had served him with legal papers on two previous occasions, Corlett said. Illuminate, who is also a former Kent councilman, fired his licensed .25-caliber handgun, striking Greenwich in the upper torso, but the men continued to struggle, Corlett said. Illuminate fired a second round, which also struck Greenwich in the chest, he said.
Greenwich, who was found lying in the driveway by state police, was airlifted to Westchester Medical Center, where he underwent surgery and was listed in stable condition last night.
"It looks like this may be a classic self-defense case," Corlett said. "We're in the process of discussing the case with the Putnam County District Attorney's Office, which will make the decision as to whether any charges will be filed."
Greenwich, an electrician, had moved out of the house and told his wife he was coming by yesterday to pick up a dresser, police said. His wife called her lawyer, who had been having difficulty locating Greenwich to serve him with the legal papers. The lawyer, in turn, called Illuminate to tell him Greenwich would be at the house.
The two men were alone at the house when the incident took place, Corlett said.
Illuminate, a Carmel resident, retired from the town of Kent Police Department 24 years ago and has been an active process server for many years, Corlett said.
Labels: assault, concealed carry permit, NY, senior
6/13/07
Conklin, New York
From the Press & Sun-Bulletin of June 13, 2007
Black bear killed by homeowner
A 29-year-old Town of Conklin shot and killed a black bear that had been roaming through the Pride Manor Mobile Park neighborhood on Conklin Road in the Town of Conklin, according to Broome County Sheriff’s Deputy Andrew Eggleston.
The man, fearing for the welfare of his children, shot the bear before law enforcement and environmental protection officers reached the scene, Eggleston said.
The incident occurred around 9:55 p.m. Monday, according to a sheriff’s office report.
Shane M. Wood told officers he got his shotgun and shot the bear when it was across the road from his driveway and turned toward him.
5/22/07
Coram, New York
From New York City’s WABC.com of May 22, 2007
Tenant shoots suspect during home invasion
18-year-old arrested, charged with burglary
Shots were fired during a daring broad daylight burglary attempt Tuesday.
Police say the incident happened on Sharon Avenue, where a tenant opened fire at a burglary suspect.
Long Island reporter Emily Smith has the latest.
This has been a frightening day for this family. Tenants could be seen power-blasting blood off their sidewalk, which the suspect left as he ran off.
Police say that an 18-year-old boy has been arrested and charged with burglary. They add the shot, apparently fired by the female tenant, was in self defense.
Matthew Swift just wants to get into his home, a beautiful ranch he bought six months ago as a fixer upper.
Now it's surrounded by police tape, and crime scene investigators tell him it was the target of a violent break in involving gunfire.
"I'm a little freaked out," he said. "Absolutely. It's definately scary."
Swift rents the basement apartment to a couple in their 20s. His tenants told Eyewitness News that a man walked right into their apartment around 11:30 Tuesday morning, armed with a pistol.
That's when the tenants says they grabbed a shotgun to defend themselves. Police say the female tenant then fired a shot that hit the suspect in the shoulder. That's when he supposedly ran off.
Swift says, from what he's seen, his tenants are good people.
"They give us rent on time," he said. "They're good people. I don't know much about them."
The tenants, still visibly shaken, say the perpetrator ran from their home, leaving a trail of blood behind.
Now they say they're afraid to go to sleep. And no doubt, so are neighbors who don't know what to make of it all.
"You just never know," one neighbor said. "You could be in the best neighborhood in the world and you don't know what's going on next door."
Police are now trying to figure out a possible motive for this attempted crime.
Labels: home invasion, NY, residence robbery
5/18/07
Rochester, New York
From RochesterHomePage.net of May 18, 2007
E. Main St. shootingFrom the Rochester Democrat and Chronicle of May 22, 2007
A burglar gets more than he bargained for Friday morning when he broke into a store on East Main Street
Rochester police say the owner of "Utility Solutions" called police just before 2 Friday morning to report a burglary and that he had shot the suspect. When police arrived at the store two hours later--they found the 41-year-old suspect with a gunshot wound to the hip. Police say the store owner shot the man when he came at him. He was taken to the hospital and is expected to be ok.
Police did collect the store owner's gun as part of the investigation. They say that gun was registered. They are not yet releasing any names in this case.
Shot intruder is charged
A city man who was shot in the hip after a break-in at a city store last week is facing burglary charges.
Clayton Walker, 41, of 25 Webster Crescent, was charged with third-degree burglary, a felony, Rochester Police Officer Deidre Taccone said Monday.
A 58-year-old man, who owns the involved business, shot Walker in the hip at 1144 E. Main St. at 4:15 a.m. Friday, nearly 2½ hours after a break-in was reported at the store, city police officers said. Walker entered the store and came at the business owner, who was waiting for officers to arrive to search for evidence, such as fingerprints, Taccone said.
Officers have not released the name of the store owner. Officers said he shot Walker with a registered handgun and called 911.
The business owner turned over his gun to officers at the scene.
Walker was on the court calendar for an arraignment on Monday. On Friday, Walker was transported to Strong Memorial Hospital for treatment of injuries that did not appear to be life-threatening.
A hospital spokeswoman said she could not release any information on Walker.
Taccone said officers have not filed charges against the business owner and have referred the case to a grand jury.
Labels: business burglary, NY
Buffalo, New York
From the Buffalo News of May 18, 2007
Clerk thwarts robber by pulling shotgun
A would-be bandit fled from a Best Street convenience store at about 10:45 a.m. Thursday when a clerk pulled a shotgun on him, Buffalo police said.
The attempted holdup occurred at Best Market, 465 Best St., where the bandit entered the store and yelled, “Give me the money and hurry up,” police said.
Labels: business robbery, NY
5/12/07
Schenectady, New York
From the Albany Times-Union of May 12, 2007
DA: Killing is self defense
Schenectady man who shot intruders admits drug, weapon charges
A man who opened fire on intruders who planned to steal a half-pound stash of cocaine from his Raymond Street home killed one of the men in self defense, prosecutors said Friday after the man pleaded guilty to drug and weapons charges.
Police initially charged Harry Glenn with second-degree murder after he killed Richard DeGroat, 39, with a gunshot to the head and shot another man, Bertram Payne, 20, when they forced their way into the house on Dec. 2.
Even though Glenn had a large amount of cocaine in the house, he was still entitled to defend himself when DeGroat, Payne and third person, Nydia Robles, tried to steal the narcotics, Schenectady County Deputy Chief Assistant District Attorney Philip Mueller said.
"It appears the shootings of both men were instantaneous reactions by Mr. Glenn confronting people who were invading his home," Mueller said.
Glenn, 27, still faces 10 years in prison on drug and weapon charges when sentenced July 13 by County Judge Karen Drago.
Glenn shot Payne first. Mueller said Glenn went to check on Payne and then shot DeGroat who surprised him. The two men had bought a pellet gun earlier in the day and had it with them when the broke into the Raymond Street home.
Payne was shot in the hand but escaped. He was treated at Ellis Hospital.
He and Robles have previously pleaded guilty to burglary and attempted robbery charges. Payne faces a sentence of 11 years in prison and Robles is looking at nine years.
Charges are pending against Amy Sorey, 31, the alleged driver for the trio.
Labels: home invasion, NY, residence robbery
5/10/07
Syracuse, New York
From the Syracuse Post-Standard of May 10, 2007
Grand jury declines to indict city man in June 24 slaying of Carlos Ortiz-Martinez.
A Syracuse man accused of killing one man while trying to shoot a different one will not face prosecution as a result of a grand jury review.
...
The Onondaga County District Attorney's Office reported Wednesday that a grand jury voted not to file a second-degree murder charge against Alfredo H. Dashnau Jr. in the June 24 slaying of Carlos Ortiz-Martinez, 21, in the street in front of 212 Barrett St., Syracuse.
Dashnau, 27, of 134 Putnam St., had been accused of intentionally killing Ortiz-Martinez by shooting him in the head. Chief Assistant District Attorney Michael Spano said evidence indicated the grand jury accepted an argument that Dashnau was defending himself or a companion.
Spano said Dashnau actually was trying to shoot the person with Ortiz-Martinez. That other man has never been publicly identified.
Spano said evidence indicated the man was pointing a gun at a person with Dashnau when Dashnau fired a rifle at the gunman. The shot hit Ortiz-Martinez instead.
That still amounts to a legal justification defense as Dashnau was trying to prevent deadly physical force against his companion, Spano said.
There was no weapon charge filed against Dashnau by the grand jury because the gun involved in the shooting was a rifle and not a handgun that would have been illegal to possess on the street, the prosecutor said.
According to Spano, the two groups of men had been fighting with each other for months. Spano said the source of the animosity has never been made clear to authorities.
4/5/07
White Plains, New York
From the White Plains Journal News of April 5, 2007
New Rochelle man acquitted in shooting
A New Rochelle man who said he shot another man in self-defense as they wrestled over a gun that was never found was acquitted of attempted murder, assault and weapons charges by a jury that deliberated for less than two hours yesterday.
Anthony Caldwell Jr. and several relatives wept with joy after the verdict was read in state Supreme Court in White Plains after three days of testimony. Caldwell, 24, had faced up to 25 years in prison in connection with the July 19, 2005, shooting of Dino Washington in front of Washington's home on DeWitt Place.
"The jury obviously worked very hard on this case and realized that my client was completely innocent of all the charges," said Barry Warhit, Caldwell's lawyer, who spent about an hour delivering closing arguments before Westchester County Judge Rory Bellantoni yesterday morning. Warhit portrayed Caldwell as the victim of an assault who was, "motivated by a desire to survive," when he shot Washington.
Caldwell's father, Anthony Sr., and Washington had gotten into a fight four days before the shooting. Washington ran into his nephew's apartment and grabbed a baseball bat and tried to strike the elder Caldwell, but was thrown to the ground and subdued. Washington allegedly said, "Next time I'll have my gun to deal with you and your family."
On the night of the shooting, Washington and three friends left his apartment planning to go out when they found the windshield of Washington's car smashed and noticed Anthony Caldwell Jr. driving slowly past the building. Anthony Caldwell Jr. testified that Washington suddenly appeared at the driver's side window of his car pointing a gun at him.
Anthony Caldwell Jr. testified that his memory of exactly what happened was hazy because it happened so quickly, but he remembered reaching for the gun and two shots going off before he fled the area and went to hide out at a relative's house in the Bronx. Anthony Caldwell Jr. said the weapon fell to the ground and Warhit implied that Washington's friends could have hidden the gun before police arrived.
Assistant District Attorney Calvin Scholar said the fact that Caldwell fled was an indication of his guilt and tried to persuade the jury Anthony Caldwell Jr. was lying, claiming it would have been impossible for two men to struggle with a gun without either of them receiving cuts or burns when it fired, which neither man had on their hands. Washington, who was shot in the chest and arm but recovered, died of an unrelated liver disease in December.
Warhit said his client, who works at a recycling center, is planning to enroll in college.
Labels: altercation, NY
4/2/07
Riverside, New York
From Long Island’s Newsday of April 1, 2007
Salvage yard manager shoots alleged intruder
A Riverside man was shot in the groin Sunday after he was caught trying to burglarize an auto salvage yard, Southampton Town police said.
The manager of J&V Auto Salvage on South Country Road in Quiogue told police he spotted Albinas Augulis, 55, and one or more other suspects on his property at 7:30 a.m. Sunday, Det. Sgt. Randy Hintze said.
Hintze said the manager contacted police, but then confronted the intruder as he waited for them to arrive. He ordered Augulis to the ground, but Augulis continued to approach him, and the manager, whose name was not released, shot Augulis in the groin, Hintze said.
Augulis was taken by helicopter to Stony Brook University Medical Center, where he underwent emergency surgery and is expected to survive.
He was issued a field appearance ticket and charged with criminal trespassing, possession of burglary tools and attempted larceny.
After the shooting, town and state police searched the area with the assistance of dogs and a helicopter from Suffolk County police, but found no other suspects, Hintze said.
Hintze said police are investigating whether Augulis made any direct threats toward the manager before the shooting. No charges have been filed against the manager.
The attempted robbery was the latest in a recent spate of burglaries at the yard, from which thieves have made away with car batteries and catalytic converters, Hintze said.
Labels: business burglary, NY
2/15/07
Rochester, New York
From Rochester’s 10NBC.com of February 15, 2007
Man shoots and kills intruderFrom Rochester’s 13WHAM.com of February 15, 2007
A homeowner on the city's southwest side, told police he shot and killed an intruder Wednesday night. The shooting happened at 198 West High Terrace. An unidentified male homeowner called 911 to tell police he came upon another man in his home, and shot him, around 8:30. When police arrived they found a deceased male lying in front of the house. The investigation is continuing.
Man Arrested After Allegedly Shooting, Killing BurglarThe last paragraph seems to contradict the first paragraph.
Rochester Police have arrested a man on charges of shooting an attempted burglar Thursday morning.
Reginald Leslie, 29, allegedly shot and killed a man who had entered his home on West High Terrace around 8:30 pm Wednesday night. A search warrant inside Leslie’s house led to the discovery of ¾ of a kilo of cocaine, one pound of marijuana, $20,000 in cash and a stolen handgun.
Leslie has been charged with criminal possession of a weapon, criminal possession of a controlled substance, criminal possession of marijuana and criminal use of drug paraphernalia. No charges have been formally filed regarding the shooting.
Labels: home invasion, NY, residence burglary
2/12/07
Gates, New York
From Rochester’s 10NBC.com of February 12, 2007
A 72-year-old man catches his own crookFrom Rochester’s RNews.com of February 12, 2007
A 72-year-old Gates man took the law into his own hands when he captured a burglar in his home.
The suspect is identified as Eric Ray Mull. He's accused of breaking into a home on Buffalo Road around 10:30 Sunday night. Gates police say the homeowner, who has not been identified, heard a loud crash and grabbed his registered revolver.
The elderly man confronted Mull and ordered him to stop. When Mull refused, the homeowner fired his weapon, missing the suspect, then held him to the ground until police arrived to arrest him.
Armed Resident Confronts Intruder
A Gates couple decided a number of years ago to have guns in their home. They believe without them last night, they wouldn't be alive today.
"My wife had just gone upstairs and I was lying on the couch and I heard this big crash," said Bill, the homeowner.
Bill realized the crash was someone breaking down the side door of his Buffalo Road home.
"He was screaming, ‘Someone's shooting at me, someone's shooting at me!’"
"I jumped up and grabbed the gun I always have where it's conveniently tucked away."
The 38 special is one of Bill's lawfully registered guns.
The man kept coming into the house.
"I was right here, and he was there,” said Bill, pointing in front of him. "I said ‘Stop or get down!’ and he kept coming at me and I fired the shot… he dropped to the floor."
The gunshot just missed Eric Ray Mull's head and hit the stairwell.
Meanwhile, the house was dark and Bill's wife was upstairs calling 911. She didn't know whether the shot fired came from her husband, or was aimed at her husband.
"It's very scary," said Bill. “If I would have aimed about three feet higher I would have caught her in the leg."
Since the gun was registered, no charges have been filed against Bill. No gun was found on mull (sic).
This is not the first time Mull had visited Bill's home. Mull came to the door last week asking for money to shovel the driveway. They told him to go away.
Gates police say Mull is a prior felon. He is now charged with burglary, criminal mischief and petit larceny. He remains in the Monroe County Jail on $50,000 cash bond.
Labels: home invasion, NY, residence robbery, senior
1/26/07
Buffalo, New York
From the Buffalo News of January 25, 2007
Armed homeowner forces out intruder
A Buffalo homeowner forced an intruder to flee Tuesday afternoon when he pointed his pistol at the man, according to South District police. The homeowner, who lives in a lower apartment on Edson Street, was inside his home when a man kicked in his door at about 4:29 p.m. and walked in, police reported.
The man, wearing a knitted green hat and green jacket, confronted the homeowner and said, "I'm looking for Dougy."
The homeowner pulled his pistol on the intruder, who ran out of the apartment toward Seneca Street. Police said the homeowner has a valid pistol permit.
Labels: home invasion, NY
1/21/07
Schnectady, New York
From the Albany Times-Union of January 21, 2007
Fear sparked deadly Schenectady shootoutFrom the Albany Times-Union of January 20, 2007
When two men broke into family's home, one of the intruders ended up dead, the other wounded
Ralph Schulenburg Sr. feared if he didn't take action, the two armed intruders would kill everyone inside his Division Street home.
The pair, he said, made no attempt to hide their faces, and one of them even boldly gave his name as ``Charlie'' when one of Schulenburg's sons asked.
``I wasn't about to just sit there,'' Schulenburg, 50, said Saturday as he recounted the events that played out inside 421 Division St. on Friday afternoon.
But he said it was his son, Ralph Schulenburg Jr., 23, who grabbed an old Mauser rifle and shot the intruders during a fierce gunbattle.
Aaron Peavy, 21, of Albany, was shot in the heart and killed. His alleged accomplice, Charles E. Little III, 20, of Troy, was shot in the left hand and lost at least one finger. It was the fourth time since early December that alleged intruders have been shot inside homes they targeted in Schenectady.
Little was arrested at 2 p.m. Saturday and charged with felony burglary. He was expected to be arraigned on the charge and held without bail in Schenectady County Jail.
…
Ralph and Kimberly Schulenburg said police told them they didn't do anything wrong.
But the couple say they are tired of the constant threats and harassment.
``I'm selling my house and moving from here,'' said Ralph Sr..
Resident shoots intruders
Man killed, another hurt in 4th recent home invasion incident in Schenectady
A man was killed Friday and his alleged accomplice wounded after they entered a city home at gunpoint and were shot by a resident, marking the fourth time in the past two months would-be victims have shot intruders, authorities said.
Someone at 421 Division St. let the armed men in after one of them flashed a handgun from the outside, police said.
A shot rang out, prompting a relative in an upstairs apartment to descend downstairs toting a rifle, authorities said.
The gunman shot one of the two intruders, killing him, and hit the other person in the left hand, police said. Investigators swarmed to the scene of the city's first homicide of the year after receiving a call at 3:39 p.m. Friday.
…
The incident was the fourth time since early December that alleged intruders in Schenectady were shot.
Two alleged burglars were shot inside a Prospect Street home on Jan 10. Police have said they were among four Brooklyn men seeking revenge for a slashing in Albany last month. One of the men was critically injured.
And earlier this week, a homeowner armed with a rifle shot an intruder who police say entered his Park Avenue home with a stun gun, authorities said.
And in December, Harry T. Glenn fatally shot one man and wounded another person who police say hatched a plan to rob him of drugs and money from his first-floor apartment at 1060 Raymond Street. He fled and was collared about a month later by federal marshals in Massachusetts.
Glenn, who is being held at Schenectady County Jail, faces second-degree murder charges. Authorities say he used a .45-caliber handgun to shoot Richard DeGroat, 39, in the head and Bertram Payne, 20, in the hand.
Labels: home invasion, NY
12/28/06
Staten Island, New York
From the Staten Island Advance of December 28, 2006
Victim fires his gun, terrified bandits flee
Bold attack on fish seller with a bundle of money outside South Shore bank
A 71-year-old fish seller about to deposit nearly $30,000 from his business was jumped yesterday outside a Prince's Bay bank by three bandits, who fled for their lives with half his cash as he fired several shots at them.
It was not known if anybody was hit.
Located next to a preschool, which was in session, the Richmond County Savings Bank where the shooting erupted is at the corner of Hylan and Seguine Avenue.
Employees of the preschool said they didn't realize what had happened until after the fact, when police arrived.
Police are looking into the possibility that the victim, a Prince's Bay was followed all the way from the Hunts Point market in the Bronx.
As of last night, the bandits remained at large.
The man was on his way home with the cash in a deposit bag when he pulled into the bank at 5770 Hylan Blvd. just after 9 a.m., according to police.
Before the man could reach the bank's front doors, three men -- described by police as white and in their 20s -- knocked him down from behind, then sprayed something in his face. They grabbed between $10,000 and $15,000 from the bag, spilling some of the cash on the ground, and fled in a maroon Ford, according to police sources.
The man, who was carrying a licensed weapon, fired several shots at the fleeing robbers, but it's unclear if he hit them, cops said. A police spokesman said it's unlikely the man will face any criminal charges for using his gun.
He was taken to an area hospital, where he was treated for an injured finger, police said.
(More)
Labels: concealed carry permit, NY, senior, street robbery
12/14/06
Alexandria, New York
From the Waterbury (CT) Republican American of December 14, 2006
The great equalizer (Editorial)
Unless you get upstate New York television stations on your satellite dish or surf TV stations' Web sites, you probably haven't heard about what happened to Raymond and Joyce Papin.
On Dec. 4, the couple had retired for the evening when they heard a noise in their house on the outskirts of Alexandria, a town of about 4,000 on the St. Lawrence River. Mr. Papin, 82, got up and found two masked men in camouflage clothing poking around his kitchen, according to WWTI-TV Channel 50. When the robbers demanded money, Mr. Papin smashed the smaller of the two in the face with a sugar bowl, and a struggle ensued.
Seconds later, Mrs. Papin, 74, entered the kitchen packing a shotgun and told the intruders to beat it. They obliged. The Papins were shaken by the incident, but uninjured. The criminals likewise were unharmed, but also went away empty-handed. The thugs figured the Papins would be easy marks because they are elderly and live on a farm a good distance from the village. What they didn't figure on was the shotgun.
Criminologists estimate at least 2 million crimes a year in America are thwarted in just this manner: armed citizens use guns to defend themselves and their property without ever firing a shot. Unfortunately, most media outlets don't consider this news, so almost all the incidents go unreported.
But think how many more crimes could be averted if anti-gun politicians weren't so obsessed with making the job of criminals easier by disarming upright citizens.
Labels: home invasion, NY, residence robbery
11/30/06
Newburgh, New York
From the Middletown Times Record of November 29, 2006
Shotgun blasts stop home invasion
An old farmhouse in a residential part of the Town of Newburgh near Orange Lake was the scene of a wild home invasion in which ski-masked intruders were turned back by shotgun blasts that ripped through walls and panicked neighbors.
Police were called to 706 Gardnertown Road Monday night around 8 p.m. in response to reports of gunfire. The owners of the house, a couple in their 20s, said at least three men, possibly Hispanic or light-skinned blacks, burst through their backdoor, pistols drawn. One gunman held the man to the ground, while the others headed upstairs, where the couple's tenant rents a room.
The tenant grabbed a shotgun and fired several times, police said, narrowly missing his landlord. It is unknown if any of the intruders were hit.
Lt. Michael Clancy said neighbors reported seeing the intruders flee the house, firing back at its occupants. None of the home's occupants was injured.
Labels: home invasion, NY
11/1/06
Syracuse, New York
From the Syracuse Post-Standard of November 1, 2006
Grand jury frees shooter of neighbor
Prosecutor says grand jury ruled fatal shooting from window was justifiable.
A Syracuse man accused of fatally shooting a neighbor and injuring two other men outside his home as an ongoing dispute exploded in violence earlier this year has had all charges dropped after a grand jury refused to file charges.
Lemon Defense lawyer Bonnie Levy said Tuesday her client, Jasper Lemon Jr., was freed from jail Thursday after authorities dropped murder, attempted murder and weapons possession charges.
"My client was defending his home, his family and himself from a group of thugs who had threatened to kill his family," Levy said.
Senior Assistant District Attorney Robert Duncanson said that based on the evidence presented to the grand jury, the panel concluded that Lemon was "justified in his conduct."
Lemon, 22, of 237 Kenmore Ave., had been accused of opening fire with a .22-caliber rifle from an upstairs bedroom window in his home June 25, killing Albert Maeweather, 33, of 245 Kenmore Ave. Maeweather's 27-year-old brother, Timothy, and 25-year-old Amar Chavis were shot in the shoulder.
Although Levy declined to say what her client told the grand jury, she said Lemon has maintained from the beginning that he acted in self defense.
Meaweather's mother, Cecelia Spivey, said she is angry Lemon is free.
"My son is buried and the boy who shot him is back on the street like nothing happened," she said. "It's like saying it's OK to murder someone.
"Where's the justice?" she added.
Kathy Lemon, Jasper Lemon's mother, refused to comment, referring all questions to Levy.
(More detail)
Labels: altercation, NY
10/22/06
Rochester, New York
From Rochester’s Rnews.com of October 21, 2006
Security Guard Shoots Man Dead
An armed security guard shot and killed a man late Friday night outside a Rochester convenience store.
The shooting happened just after 11 p.m. at the Wilson Farms store on Bay Street.
Rochester Police said the security guard was outside the store when two men approached him with a long gun.
"Apparently the security guard was outside, he was stationed there,” said Rochester Police Chief, Davis Moore.
“There had been a previous robbery here approximately a week ago and he was outside, and as I stated, apparently these two individuals came up to him and confronted him," added Moore.
Police are still searching for the second suspect who fled on foot.
The victim's name was not released, pending family notification.
Labels: business robbery, NY
9/24/06
Inwood, New York
From New York’s WCBStv.com of September 24, 2006
Cops: 9-Year-Old Shot In Home Robbery AttemptA subsequent news item reports that the boy was shot by the intruders, not the resident: Boy shot by intruders remains critical
A 9-year-old boy was in extremely critical condition Sunday after he was caught in a shootout during an attempted robbery on Long Island, police said.
Nassau County police said the boy and a 22-year-old man were both shot late Saturday when three would-be robbers entered a home in Inwood. The home's owner, a licensed gun owner, opened fire, and the robbers fled.
The relationship between the homeowner and the injured people was not immediately known. Police said one of the would-be robbers may have been shot.
The 9-year-old was being treated at Saint John's Episcopal Hospital in Far Rockaway. The 22-year-old's injury was not life threatening, police said.
The names of the shooting victims and the homeowner were not immediately released.
From Long Island’s Newsday of October 4, 2006
Arrest made in home invasion shooting
Nassau County police announced today the arrest of a Brooklyn man shot in last month's botched Inwood home invasion that left a 9-year-old boy wounded.
Tyreek Williams, 21, will be arraigned today at Brooklyn's Brookdale University Hospital Medical Center, where he has been since suffering multiple gunshot wounds in the Sept. 23 attempted robbery-turned-shoot out, Det. Lt. Dennis Farrell announced at a news conference in Mineola.
Farrell, commander of Nassau's Homicide Squad, said Williams was charged with first-degree robbery, first-degree assault and criminal use of a firearm. He said he will be arraigned at the hospital and later transferred to Nassau University Medical Center in East Meadow.
Farrell declined further comment, but said investigators are following new leads on the case.
Williams, with wounds to the face, leg and hand, showed up at the hospital 45 minutes after the gunbattle at Inwood home on West End Avenue home.
Police said Williams was with two other men who exchanged gunfire with a license pistol owner who lived at the Inwood home after a robbery attempt.
Williams was shot by that resident.
A bullet from one of the intruders' gun hit John Henry Romano Jr. who was visiting a cousin at the time of the shooting. Last week, John's mother said her son has regained consciousness and started speaking with his family.
John is listed in critical but stable condition at Schneider Children's Hospital in New Hyde Park. The bullet penetrated his brain and left him partially paralyzed on his left side.
Labels: home invasion, NY, residence robbery
9/8/06
New York, New York
From Phoenix, Arizona’s AZCentral.com of September 8, 2006
Ailing woman in scooter shoots would-be robber
The man picked the wrong person to rob -- an ailing Harlem woman on a motorized scooter who pulled out a .357-cal. handgun and shot him in front of stunned passersby in broad daylight Friday, police said.
Margaret Johnson, a 57-year-old licensed gun owner, was looking to fire her weapon, but it was supposed to be at a firing range, police said.
She left her home with plans to go to the range. Instead, she was confronted from behind by Deron Johnson, no relation, police said.
The 45-year-old ex-convict grabbed at the chain around the victim's neck, and snatched it from her, police said.
But Margaret Johnson put up quite a struggle, police said, and was able to fire once from her handgun, striking the suspect in the left elbow.
The suspect ran off, but was grabbed nearby by police and arrested. He was taken to Harlem Hospital Center in stable condition. Charges were pending.
Margaret Johnson was questioned by detectives but will not be charged.
"She was defending herself," a police source said.
The suspect has nine previous arrests, police said. State records show he served eight years in prison for a drug conviction and was released in February 2003.
Labels: NY, street robbery
8/18/06
Wallkill, New York
From the Middletown Times Herald-Record of August 17, 2006
Owner cleared of shooting ex-employee
When Simon Shing-Lee got word last month that criminal charges against him for shooting and critically wounding his former employee were being dropped, he was relieved, he said, but not really happy.
Lee openly admitted to the Jan. 23 shooting of Jiu Li, a former cook at the Jumbo Buffet Chinese restaurant in Orange Plaza on Route 211. But Lee, who co-owns the restaurant, maintained that he shot in self-defense after Jiu Li came at him repeatedly with punches.
On July 25, a grand jury decided not to indict Lee, ruling what is called a no true bill. Lee was cleared of charges of first degree assault and first-degree criminal use of a firearm and got his $100,000 bail back.
It was a relief, Lee said, but he was not happy with the outcome. Police believe that Jiu Li suffered a spine injury and would likely never walk again. Jiu Li could not be located.
"I can't be happy if I did something to harm somebody," Lee said. "I never intended to harm anybody."
Jiu Li had worked at the restaurant only nine days, when a Hispanic dishwasher told the owner on Jan. 22 that Jiu Li threatened him with a knife. That night, a Sunday, Lee said he fired the cook.
On Monday, after closing, Lee stopped by the house where he boards his workers at 12 Franklin St. in Middletown. Jiu Li was still there and the two got into a heated argument.
Jiu Li punched Lee repeatedly in the face and neck, Lee said. Lee fell back and his gun came loose. It was in his hand, he said, when Jiu Li lunged again.
During the struggle, Lee fired one shot. Then he called Middletown police.
Lee didn't testify before the grand jury. But there were four other witnesses: two Hispanic workers, a Chinese worker who stuck around when the others disappeared, and Lee's mother, who was with him the night of the shooting.
The Hispanic men recounted incidents in which Jiu Li "tried to start trouble," Lee said.
"We provided information of instances where he was aggressive not only to my client but to others working there," said Lee's lawyer, Martin Goldberg. "It assisted the grand jurors in establishing state of mind on the part of Mr. Lee."
7/13/06
Buffalo, New York
From the Buffalo News of July 13, 2006
Deliveryman pulls gun on robbers; holds one
Four youths tried to rob a pizza deliveryman at gunpoint Tuesday night, but the deliveryman pulled out his own gun and held one of the robbers until police arrived, police reported.
One boy, whose name was not released, was charged with attempted robbery, criminal possession of a weapon and criminal use of a firearm. His three young accomplices are still being sought.
The four juveniles ordered a pizza from Tomatoes Pizza, 1393 Kensington Ave., at about 8 p.m., Northeast District police said.
When the deliveryman brought the food to a house several blocks away on Kensington, the boys confronted him at gunpoint, and demanded his food and everything in his pockets. The deliveryman pulled out a .38-caliber revolver and three of the juveniles ran away.
Labels: NY, pizza delivery driver, street robbery
7/6/06
Rochester, New York
From Rochester‘s WSTM.com of July 6, 2006
Man shot dead during robbery attemptIt appears that this is the same incident:
Police say a man who tried to rob a Rochester restaurant at gunpoint was shot and killed today.
R-News in Rochester reports the man was shot dead by the owner of the restaurant.
Deputy Police Chief James Sheppard says the incident began when the man reportedly entered the eatery and tried to rob it at gunpoint.
John Halldow, a spokesman for Rural-Metro Medical Services, says emergency responders found a deceased male when they arrived at the scene around noon.
From Rochester’s RNews.com of July 6, 2006
Suspect Killed in Robbery AttemptFrom Rochester’s RNews.com of October 5, 2006
A bar owner shot a would-be robber to death at his establishment on Lyell Avenue.
The incident occurred at Kitzel's bar on Lyell Avenue. Police say shortly after noon Thursday, a man attempted to rob the place when he was shot dead by the owner, John Kitzel of Rochester .
“He'd give you the shirt off his back, if you asked him for it,” said Susan Kitzel, daughter of the bar owner. “That’s the truth.”
Police have not released the name of the deceased gunman.
Police recovered handguns, believed to belong to both Kitzel and the suspect. Police say there were no witnesses.
“The two individuals were inside the establishment by themselves,” said David Moore, Rochester Police Chief. “The operator was actually opening up when this happened.”
The case will be presented to a grand jury, though police say the preliminary indication is the shooting was done in self defense.
Bar Owner Cleared in Fatal Shooting
A Monroe County grand jury has cleared a Rochester bar owner of any potential criminal charges for the fatal shooting of an armed robber in July.
John "Paddy" Kitzel, 71, will not face charges for the death of Barry Woods, 38. Police say Woods tried to rob Kitzel's restaurant on July 6. Kitzel shot Woods in self defense.
Woods was wearing a mask when he entered Kitzel's establishment during the lunch hour brandishing a pistol.
Labels: business robbery, NY
6/25/06
Huntington Station, New York
From the New York Daily News of June 25, 2006
L.I. woman slays armed ex
A Long Island woman shot her armed ex-boyfriend to death when he barged into her bedroom early yesterday morning, police said.
Carol Lama, 50, of Evert St. in Huntington Station, told cops that she had kept a loaded shotgun beside her bed since breaking up with Robert Travers, who lived about 5 miles away.
Lama shot Travers, 50, once in the chest after she was awakened by him entering her room about 1:20 a.m. and saw a pistol in his waistband, she told police.
A handgun was recovered, cops said. "She tells us that previously he had entered her home when he had been told not to, so she kept the shotgun for protection against him," said Suffolk County Homicide Squad Detective Lt. Jack Fitzpatrick.
It was unclear how Travers gained access to the home.
No charges were filed, Fitzpatrick said. "We took statements, and they will be reviewed by the district attorney," he said.
Lama told police that Travers had physically abused her in the past. She said the two had not been romantically involved for years, but Travers had been stalking her.
Labels: domestic dispute, home invasion, NY, stalking
6/21/06
Hempstead, New York
From Long Island’s Newsday.com of June 20, 2006
Police: Concrete thrown, shots fired
A 42-year-old man shot at two Brooklyn men early yesterday in Hempstead after they threw at least two pieces of concrete at him, Nassau police said.
Shortly after 1 a.m., the shooter, whose weapon was registered, fired several 9-mm. shots at the men, who were in a sport utility vehicle on Virginia Avenue, police said. The man, whom police did not identify, shot one of the men in the left leg.
Police later arrested Cieron Coley and Matthew Woods, both 22 of Ralph Avenue in Brooklyn. An unidentified 12-year-old boy was in the SUV with them, though he did not appear to be hurt, police said.
It was unclear why the men were in the neighborhood or what set off the confrontation, but police said Coley and Woods stepped out of the SUV on Virginia Avenue and threw concrete at the man. The pieces of concrete smashed through the man's front house window and the rear window of his 2004 BMW, police said.
That's when the man, who police said has a valid Nassau pistol permit, shot at them, striking Coley in the leg. Coley and Woods drove off but were arrested in the area a short time later, police said.
Coley was taken to Mercy Hospital Medical Center for his gunshot wound. After treatment, he was released to Hempstead police, authorities said.
Both men were charged with two counts of third-degree criminal mischief; Woods, apparently responsible for the boy, also was charged with endangering the welfare of a child, police said.
They were arraigned yesterday at First District Court in Hempstead. Neither Coley nor Woods could be reached for comment.
6/10/06
Rochester, New York
From the Rochester Democrat & Chronicle of June 10, 2006
Foiled robber claims he's the victim
Suit says workers who took gun away whacked him unnecessarily
Dana Buckman got more than he bargained for when he held up a Rochester auto-parts store on July 5, 2005.
Moments after Buckman brandished a 9mm semiautomatic pistol to steal cash from AutoZone at 569 Lyell Ave., employees Eli Crespo and Jerry Vega beat him with a metal pipe and held him at bay with his own gun.
Although a battered Buckman escaped when Crespo and Vega recovered the money and retreated into the store to call 911, he was arrested a week later, pleaded guilty to first-degree robbery and was sentenced to 18 years in prison as a repeat violent felon.
Now, however, Buckman is suing AutoZone and the two employees who walloped him, claiming they pursued him from the store, committed assault and battery and intentionally inflicted emotional distress.
"In some respects, you wonder if a case like this even needs a defense. It speaks for itself," said lawyer Patrick B. Naylon of the firm of Goldberg Segalla LLP, which represents AutoZone and the employees in the case.
But lawyer Phillip R. Hurwitz, who represented Buckman in the criminal case and also filed the civil suit in April in state Supreme Court, said Crespo and Vega crossed the line by pursuing Buckman and attacking him.
"The danger was past," Hurwitz said. "These two employees took it upon themselves to go after Mr. Buckman after he left the store."
The lawsuit isn't frivolous, Hurwitz said.
"Absolutely not," he said. "If it had happened in the store and they were defending themselves, it would be a whole different dynamic. These employees weren't defending themselves."
Naylon said he intends to vigorously defend the store and its employees.
"First, there were no charges brought against these individuals, which demonstrated that the police and the district attorney believed there was nothing wrong with catching the criminal who robbed the store," he said.
"Second, they did not pursue him. He had forced them to the back door, and he went out the front door and came around the corner to where they were. How ironic it is that this individual has the audacity to commence an action against the people who used his gun after he pointed the same gun at them. Please!"
(More)
Labels: business robbery, NY
6/8/06
Albany, New York
From Long Island’s Newsday of June 8, 2006
Court says insurance company must pay for wrongful death defense
An insurance company is being ordered to pay for the legal defense of a man who shot a business associate in self defense, but was then sued by the dead man's estate, the state's highest court ruled Thursday.
In February 2002, Alfred Cook, then 57, shot and killed 52-year-old Richard Barber inside Cook's Clarksville home, 10 miles southwest of Albany.
During his trial, Cook testified that Barber, who weighed more than 360 pounds, barged into his home uninvited with two other men, began slamming his fists on tables and demanded money. Cook, who weighed 120 pounds, pulled out a .25-caliber handgun and ordered the men to leave. Barber laughed at the small size of the pistol, prompting Cook to run to his bedroom and retrieve his 12-gauge shotgun.
When Barber moved toward Cook and ignored a warning, Cook shot him in the stomach.
Cook was acquitted of second-degree murder and manslaughter charges, but the administrator of Barber's estate filed a wrongful death suit against Cook, accusing him of negligence and with intentionally killing Barber. Cook said he only fired to protect himself.
Cook's insurer, the Automobile Insurance Co. of Hartford, now a part of The St. Paul Travelers Cos., based in St. Paul, Minn., refused to pay for Cook's civil defense. It argued that the shooting was not covered by Cook's policy because it was "expected or intended" by Cook, not an accident.
The Court of Appeals, in a 7-0 decision, reversed a lower court ruling and said the insurer would have to pay for Cook's defense, saying that insurance companies have a broad duty to defend in such cases, even if the suits are without merit.
"Suffice it to say that a reasonable insured (person) under these circumstances would have expected coverage under the policy," Judge Carmen Beauchamp Ciparick wrote for the court.
She noted that the insurance company may not be required to pay if Cook loses in court. The case is awaiting trial.
(More)
Labels: assault, home invasion, NY
5/19/06
Buffalo, New York
From the Buffalo News of May 19, 2006
Shooting victim fires his gun at assailant
A Buffalo man was shot in the right thigh and then fired his own gun at his assailant Wednesday night at West Delavan Avenue and Grant Street.
Marlin Kemp, no age listed, of Harp Place, was approached at about 9:30 p.m. as he left a corner store.
Police said a man wearing a black hooded shirt and black baseball cap approached Kemp and said, "Yo, what's good? What's good?" and then pointed a revolver at him.
Kemp grabbed the assailant's gun, was shot in his thigh and ran south on Grant Street. The gunman fired two more shots at the fleeing Kemp and Kemp, who also was armed, returned fire but did not hit the other man, according to witnesses.
Officers recovered a .22-caliber handgun in a garbage can in the 200 block of Grant Street. No arrest has been made.
Labels: defender shot, NY, street robbery
4/6/06
Albany, New York
From Albany’s WALB.com of April 5, 2006
Customer shot in store scuffle
A man was shot today inside an East Albany clothing store. He was a customer, who apparently tried to intimidate the store owner into selling him a shirt at a discount.
But he ended up paying full price for the shirt and leaving the store with a bullet in his abdomen. A crowd gathered outside the Shackleford Shopping Center as this strange shooting unfolded.
Thirty-year old Jahwar Harris walked into the High Dollar Fashions store, and offered the owner $15 for a shirt. The owner told him it was $25, so Harris laid a pistol on the counter and asked the owner 'how much he'd take for it now?'
"He asked for a shirt, placed a weapon, a handgun up on the counter, the part-time owner took the weapon and put it in his pocket," said Lt. Tracey Barnes of the Albany Police Department That's right. With the customer's gun now in his own pocket, store co-owner Damien Gardner continued with the checkout.
"There was a discussion about the price of the shirt," Barnes said. "He bought the shirt. As he was walking out he turned and asked for his gun back." But the store owner refused. "When the owner declined to give him his gun back, there was a struggle over it and the gun went off and struck the individual in the side."
A next door business owner, who didn't want to go on camera, was the first person who realized something was wrong. "I just heard the scuffle and I ran out the back door and when I ran out the back door, the guy told me to call the police, because someone has been shot," she said.
Shot in the abdomen with a gun he, himself, took into the store.
"There is a videotape inside and it does confirm everything that the owner has said," Barnes said.
The store owner wasn't seriously injured, but was taken by ambulance to a hospital because he apparently hurt his wrist during the scuffle.
Jahwar Harris spent the afternoon in surgery and remains hospitalized. Police haven't decided what charges will be filed.
Labels: altercation, criminal's gun taken away and used against him, NY
3/23/06
Buffalo, New York
From the Buffalo News of March 23, 2006
Father shoots man pointing gun at son
A Buffalo man who was supposedly buying rims for his truck at a Liddell Street residence was shot about 11:15 p.m. Tuesday when he attempted to rob the seller, Buffalo police said.
Darius Spates, 23, of Northland Avenue pointed a gun at the seller, identified as Tony Winans, 21, of the Lidell address, and Winans' father, Tommy Travis, 44, of the same address, shot Spates, detectives said.
Spates, who suffered a gunshot wound to his forearm and underwent surgery, was listed in fair condition Wednesday in Erie County Medical Center. He was charged with attempted robbery, criminal use of a firearm, criminal possession of a weapon and menacing. Spates' alleged accomplice, Jamar V. Bailey, 25, of Bickford Avenue was charged with attempted robbery and unlawful possession of marijuana.
Travis has not been charged, Ferry-Fillmore District Lt. Joseph Lynch said.
Labels: NY, residence robbery
Buffalo, New York
From the Buffalo News of March 22, 2006
Shots rout 2 teens in heist
Security guard gets drop on gunman, partner at Vulcan St. credit union
Two teenage boys attempted to rob a Vulcan Street credit union at gunpoint Tuesday morning, but ran out empty-handed when a retired Buffalo police officer, working as a security guard, fired three shots at them.
The robbers apparently were not struck by any of the bullets.
The shooting happened inside the Riverside Credit Union, 245 Vulcan St., in the presence of a few employees and at least two customers.
Buffalo police officials said they believe the guard's use of his weapon was justified because people's lives were in imminent danger.
"The security guard was protecting his life and the lives of everyone in the credit union before the situation escalated," said Chief Arturo Salas, who oversees the city's Northwest District.
"Whenever someone points a deadly weapon at you, you have the right to defend yourself - especially when it's in the commission of a felony."
Just after 11 a.m., two robbers, described as 14 to 17 years old, entered the credit union, armed with a black handgun, according to Northwest District police.
One of the robbers ordered the security guard to his knees and told him not to move, police said.
When one of the robbers approached the counter, the security guard fired three shots at the robbers, police reported.
"When the security guard was going down on his knees, he took advantage of the opportunity and fired," Salas said.
"He was acting upon the fundamental right of every citizen to protect themselves - especially from someone who is willing and able to use deadly force against them." The robbers ran through several yards on Argus Street. Officers said they recovered a black .45-caliber semi-automatic handgun at the crime scene.
Investigators are trying to determine if these two young men are connected to two other recent gunpoint robberies at the credit union.
Labels: business robbery, NY
2/18/06
Buffalo, New York
From the Buffalo News of February 18, 2006
Food mart co-owner foils robbery try
The co-owner of a Bailey Avenue food mart pulled out her handgun to foil a robbery attempt at the deli late Thursday night, Ferry-Fillmore District police reported Friday.
Two would-be robbers, both dressed in black, entered the Fiya Food Mart, 2021 Bailey, at about 11:05 p.m. Thursday. One of the men pointed a handgun at the woman and threatened to shoot her if she didn't open the cash register.
The woman, who owns the store along with her husband, pulled out her pistol, forcing the two men to flee north on Bailey and east on Doat Street. Police said the couple has a valid permit for the handgun.
Labels: business robbery, NY
2/7/06
Westerlo, New York
From the February 7, 2006 Albany, New York Times-Union:
WESTERLO -- A New York City man has been charged in connection with the theft of nearly two dozen firearms that were stolen last month from a rural gun store in southern Albany County.
Most of the guns have been recovered, including some that were found in New York City in the possession of suspected street gang members there, authorities said.
Richard M. Mwazi, 20, of Queens, is accused of smashing a window and stealing 21 guns from the Southwings Gun Shop on Route 405 on Jan. 22. The burglary took place a week after another burglary at the store in which three handguns were taken, and Mwazi is a suspect in that break-in as well, police said.
Mwazi's mother, who works for the United Nations, has a summer home on Sleepy Hollow Road in Athens, not far from the gun store, authorities said.
During the second burglary, the store's owner fired a shot at Mwazi's car as he fled, striking the vehicle, and that would later help Albany County sheriff's investigators confirm that he was involved in the heist, sheriff's officials said.
Labels: business burglary, NY
1/31/06
Buffalo, New York
From the Buffalo News of January 31, 2006
Employee's gun taken during store robbery
Only an employee's gun was taken at 11:45 p.m. Sunday during a robbery at a Genesee Street convenience store, police reported.
Ferry-Fillmore District police said a masked man jumped over the counter in the store at 2183 Genesee St. and ordered the employee to "give me that gun."
During a brief struggle, the employee suffered a cut on his right elbow, plus bruising and swelling.
Labels: business robbery, NY
1/25/06
Queens, New York
From New York’s WNBC.com of January 25, 2006
Attempted Armored Truck Robbery Leads To Shootout
Police in Queens said they were searching for two gunmen after an attempted armored truck robbery led to a shootout.
The incident occurred at 130th Street and 23rd Avenue in College Point. The would-be robbers didn't get away with any money, but did exchange fire with the armored vehicle's crew.
Police said an armored car went to do a pickup at a bakery, and went to the back, where some tractor-trailers were parked.
A 43-year-old female guard got out of the passenger seat, then knocked on the door. When there was no answer, she walked back to the truck. While walking back, the gunman jumped out from under the tractor-trailer grabbed her from behind and then put a gun to her head, demanding money. The second guard, described as a 50-year-old man, got out of the vehicle, at which point a second gunman came out from under the tractor-trailer and began firing. The driver of the armored car returned fire.
The gunman who was holding the female guard threw her to the ground. The female guard then fled. The driver of the armored vehicle took cover while the gunmen continued to fire shots. It is unknown how many shots were fired.
Police said the only description they had so far was that the gunmen were either white or Hispanic.
Labels: NY, street robbery
12/24/05
Granby, New York
From December 21, 2005 channel 10:
On a quiet road tucked away just outside of Fulton, five people in Granby spent Tuesday evening tied up, at the mercy of two men.
One holding a machete, the other, a sawed off shotgun. Police say two of the bound men eventually overpowered 27-year-old Donald Brown and 18-year-old Kyle Hunter, shooting Hunter in the back.
"The husband and the acquaintance freed themselves and retrieved a shotgun from the perpetrator and subsequently shot at him, wounding him in his back with bird shot," said Lt. Erwin Brandl, Troop D, BCI.
The family was able to call 911 shortly after midnight. It didn't take long for Fulton State Troopers and the Onondaga County Sheriffs Department to apprehend the fleeing duo.
Labels: assault, criminal's gun taken away and used against him, home invasion, NY
Buffalo, New York
From Syracuse’s WSTM.com of December 24, 2005
Man holds accused bank robber at gunpoint for police
A bystander chased and held a 16-year-old girl at gunpoint yesterday after Buffalo police say she allegedly robbed a bank.
Police say the Niagara Falls man was a customer at the Bank of America branch. He followed the girl in his car and detained her until police arrived.
Akeysha Palmer has been charged with bank robbery.
Police said the man had a permit to carry a handgun.
Labels: business burglary, concealed carry permit, NY
11/30/05
Mount Vernon, New York
From the White Plains Journal News of November 30, 2005
Guard kills would-be robber in Mount Vernon shootout
A guard shot it out with two would-be robbers today in front of a check cashing store, killing one and possibly injuring the second.
The second robber escaped.
The shootout happened around 8:30 a.m. at American Check Cashing and Finance Service, 242 S. Fulton Ave., as it opened for business.
Michael Colasuonno, co-owner of the business, gave this account
Two female employees were entering the store as the security guard, 62 years old, watched from a pickup truck. One robber tried to push into the place behind one of the women. The guard stepped out of the truck, pulled a gun and exchanged fire with the would-be robbers. One fell dead; the other ran off.
The guard and female employees were not injured, Colasuonno said.
The shootout left the store window shattered. A would-be robber's 9mm gun lay beneath the guard's car. A pile of bloody clothes sat on the sidwalk in front of the store.
Labels: business robbery, NY
10/30/05
Springwater, New York
From Rochester’s Rnews.com of October 30, 2005
Springwater Man Shoots Intruder
A Livingston County man was shot early Sunday morning after trying to break into his estranged wife's house.
Sheriff's deputies say Joseph Kruchten, 44, tried to break into the house in Springwater. Police say Kruchten was warned by someone in the home to leave the property,.
hat's [sic] when police say Kruchten broke a window, then was shot by his estranged wife's son, Shane Quick.
Kruchten was taken to Noyes Memorial Hospital in Dansville with serious, but non-life threatening injuries.
No word on any charges
Labels: domestic dispute, home invasion, NY
8/29/05
Buffalo, New York
From the Buffalo News of August 29, 2005
Bar security guard returns gunfire
A security guard at the Copacabana Bar, 751 Fillmore Ave., returned fire early Sunday after shots were fired at him, according to Ferry-Fillmore District officers.
Bobby D. Lee told police that several shots were fired at him at 3:45 a.m. and that "he saw a weapon pointed at him and flash from the muzzle." He fired three shots from his gun, for which he has a permit, and the man fled east on Broadway.
The shooter was described as a black male, about 23 years old, standing 5-feet-8 and weighing 130 pounds. He had a thin build and was wearing black pants and possibly a black hoody.
8/23/05
Greece, New York
From RochesterToday.com of August 23, 2005
Witness Breaks Code Of Silence
Police call it the "code of silence"--witnesses of crimes who don't speak up, some because they are afraid, others don't want to get involved. But, there is another side.
A man from Irondequoit not only helped police solve one crime, his actions may have prevented another from even happening.
When Mark Rothfuss and his buddy pulled into the Greece Mini Mart at 9:00 p.m. last November 28, they had only one thing on their mind--gas up and get to the hunting lodge. But while his friend was inside paying, Rothfuss saw another car pull up.
He noticed one man proceeded to inch forward and look at the store suspiciously while the car pulled away from the pump. Then, he realized the driver held a gun in his right hand.
What he didn't know is that the pistol was allegedly used earlier in the night to commit another crime. Two women were robbed at gunpoint outside Brueggers Bagels on Monroe Avenue. One was brutally beaten with the butt of the gun and had to be hospitalized.
Fearing he was about to be caught in the middle of an armed robbery, Mark reached for his hunting rifle.
"I kind of picked it up and set it on my lap. Mostly my concern was on them, but I figured if they did see the gun, they would be worried enough and would decide not to rob the store," he said.
Police say the two men in the car fled suddenly. No one knows for sure why. Mark alerted the clerk who called 911.
Terrell Wilson later admitted his role in the alleged crimes. The other man, Richard Rosa, is currently on trial. Rothfuss testified on Tuesday along with the two female victims.
Both men have extensive police records.
Lt. Steve Chatterson of the Greece police said, "Because of that report, police officers responded. They found the vehicle, recovered the weapon, and two dangerous criminals were taken off the streets."
Nine months later, Mark Rothfuss knows two things. He did the right thing by getting involved. But, he said, the next time, he might do it a little differently.
"My gun wasn't loaded. My bullets were in the back of the van. If something had happened I would have hightailed it and run," he said.
Labels: business robbery, NY
7/21/05
Wells, New York
From July 9, 2005 Capital News channel 9:
Hamilton County investigators said Joan O'Neill shot her husband in the back, killing him inside their home in the Town of Wells. Joan was charged with Second Degree murder. Now, the grand jury has reached a different conclusion.
"She will face no criminal charges and no prosecution for the events that took place on May 4," said Special Prosecutor Louise Sira.
At a press conference, Special Prosecutor Louise Sira painted a dark picture of how the events unfolded over the years.
"Mr. O'Neill has suffered from post traumatic stress disorder. He is a combat veteran of Vietnam," said Sira.
He is also decorated for saving another soldier's life. But Sira said the stress that ended his career as a Schenectady police officer also led to threats against his family, and were backed up by the nine illegally owned and loaded handguns he kept around the house.
"Mr. O'Neill made it extremely clear to Mrs. O'Neill that if she called the police again, he would kill the police officer who came to the house," said Sira.
Labels: domestic dispute, NY
5/4/05
Brooklyn, New York
From Brooklyn’s Canarsie Courier of March 24, 2005
Suspect Wounded in Robbery Shootout
In what some police officers described as a shootout that “looked like it was a movie,” a suspected gunman who allegedly took part in an attempted home invasion robbery last Monday was shot four times by his intended victim, police from the 69th Precinct said. The victim’s name was not re-leased.
The suspect, Negus Martin, 21, of Brooklyn Avenue, and another man, had apparently followed the victim as he entered his home on Flatlands Avenue near Rockaway Parkway at about 7:45 p.m. on March 21 and, wielding handguns, forced their way inside, also menacing his wife.
As they forced the man and his wife to go to the basement, the victim’s wife distracted Martin, police said, giving the victim a chance to swing around, grab the gun from Martin’s hand and force both suspects back to the front door.
As the second man aimed his weapon in his direction, the victim drew his own licensed 9mm handgun and fired, wounding Martin, who fell to the outside steps of the house. The second suspect aimed his gun at the victim again while helping Martin to his feet and the victim fired “several more shots” at the two suspects, who fled in a waiting car, according to police. Neither the victim nor his wife was wounded in the shootout.
Less than an hour later, Martin walked into Kings County Hospital with four gunshot wounds to his chest and arms.
Hospital authorities immediately called police and local detectives interrogated the suspect. He was later positively identified by the victim, police said. They are still searching for the second suspect and ask that anyone with information call the local detective squad at (718) 257-6215.
According to local authorities, there were no charges filed against the victim who shot Martin.
Labels: criminal's gun taken away and used against him, home invasion, NY
4/21/05
Niagra Falls, New York
From Buffalo’s WKBW.com of April 21, 2005
Pizza delivery man fatally shoots robbery suspectFrom Buffalo’s WKBW.com of June 27, 2005
There are new details on a deadly late night shooting in Niagara Falls.
Niagara Falls Police tell us two suspects with a gun, attempted to rob a pizza delivery man on Pierce Avenue about 10 p.m. Wednesday.
The delivery man pulled out a gun and fatally shot one of the suspects at point blank range.
The second suspect took off on foot; he remains at large.
Although the shooting appears to be a case a self-defense, police are still investigating the case as a homicide.
Jury declines to indict pizza delivery man for fatal shooting
A grand jury in Niagara County has declined to indict a pizza delivery man who fatally shot a 16-year-old boy during a robbery attempt in April. Police say the unidentified worker shot in self-defense, because Anthony Sheard attacked him in an alley and was carrying a fake gun.
Labels: NY, pizza delivery driver, street robbery
4/8/05
Rochester, New York
From the Rochester Democrat and Chronicle of April 8, 2005
Man acquitted of murder in gunfight
In its second day of deliberations, a jury Thursday acquitted a Rochester man of murdering another man in front of his home last year.
George Ellis, 37, of Fourth Street was found not guilty of second-degree murder and first-degree assault in connection with the April 23 shootings of Pacer Williams, 35, of Clifford Avenue, and Clarence Robinson Sr., 57, of Parsells Avenue. Williams died from his injuries.
Ellis, who testified at his trial, claimed he acted in self-defense. Ellis had been involved with an argument with tenants earlier in the night.
"The testimony was he was ambushed by the decedent's family," said defense lawyer Lawrence Kasperek. "Relatives of the tenants showed up after the altercation, and when he returned, he was fired upon."
Kasperek said witnesses reported multiple gunshots were fired. Ellis went inside and returned with a long gun and returned fire, he said. Ellis had been free on bail during his trial, which began March 28.
3/6/05
North Bellport, New York
From Long Island’s Newsday of March 5, 2005
Break-in victim shoots burglar
A North Bellport resident surprised an armed burglar who tried to break into his home, when he grabbed a shotgun and fired at the man, hitting him in the shoulder, Suffolk police said.
Cheyenne Ray, 44, was alerted by his girlfriend, Tanya Rivera, 31, that she heard a noise at the front door about 1:30 a.m., said Fifth Squad Det. Sgt. Kenneth Hamilton. Ray looked through the glass storm door and saw a hand holding a 9-mm pistol strike the glass. Ray went into the kitchen, got a shotgun, and fired one shot at the door, Hamilton said. The burglar dropped the gun and ran off, Hamilton said.
The alleged burglar, Marion Gillard, 23, of Bay Shore, was later spotted in the area with a gunshot wound in his shoulder and was arrested by police. He was taken to Brookhaven Memorial Hospital Medical Center before being transferred to Stony Brook University Hospital where he was being evaluated Saturday. Ray could not be reached for comment.
Gillard, who Hamilton said has a prior arrest for first-degree robbery, is charged with first-degree burglary and could face further charges. He is expected to be arraigned at bedside Sunday.
2/15/05
Bardonia, New York
From Burlington, Vermont’s TheChamplainChannel.com of February 15, 2005
With Gun At His Head, Jeweler Shoots Would-Be Robber
Barry Fixler was back at work in his jewelry store Tuesday, a day after he managed to draw his own gun and shoot a robber who was aiming a revolver at his head.
The suspect was in serious condition Tuesday after surgery at Nyack Hospital but was expected to survive, police said.
Two alleged confederates who fled after the shooting were arrested within 12 hours, one in Nanuet and one in Danbury, Conn.
Fixler said that while the incident was not "memorable," he feels he did what he had to.
"I'd be dead," he said in a phone interview. "My life was going to be over. That's what I thought about."
Detective Lt. Charles Delo of the Clarkstown police force, which covers Bardonia, said a review of the shooting on a surveillance videotape showed it to be justified. Fixler had a permit for his .38-caliber handgun.
Fixler, a 57-year-old ex-Marine, had to sidle along his counter with the robber's gun in his face to get to the spot where his handgun was hidden, he said.
"What Barry did may have been very brave, but he could have been very easily killed," Delo said.
Fixler told police two of the men came into his store, Barry's Estate Jewelry on Route 304, asked about engagement rings and then pulled their guns, one of them aiming his weapon at Fixler's head.
Labels: business robbery, NY
1/29/05
Webster, New York
From the Rochester Democrat and Chronicle of December 6, 2004
Man's use of force called justifiedNo subsequent stories about this incident were found.
Webster police say fatal shooting seems done in self-defense
A Rochester man used justifiable force when he fatally shot another man early Sunday during a frontyard fistfight in Webster, police said.
Donald Krahling, 50, was being badly beaten by Jeffrey Morrison, 43, of Fairport, when he pulled out a concealed handgun and fired one shot into Morrison's chest about 1:30 a.m., Webster police said.
Police said the shooting appears justified because Morrison was overwhelming the smaller Krahling, who walks with a limp after being injured in the military years ago.
Krahling had properly registered the .25-caliber gun, said Lt. Salvatore Simonetti.
"There is evidence to substantiate his self-defense story," Simonetti said.
While no charges have been filed against Krahling, he could still face arrest. The Monroe County District Attorney's Office plans to take the case to a grand jury, which could levy charges against him.
The deadly brawl, police said, broke out after Morrison allegedly approached Krahling as Krahling was entering the home of a former girlfriend at 256 Birch Lane, a quiet development of homes off Bay Road.
After a brief verbal spat, the 6-foot-1, 220-pound Morrison began pummeling the 5-foot-7, 170-pound Krahling by punching him in the head and face, police said.
After the shooting, Krahling went into the home and yelled to call 911, police said.
(More)
Labels: assault, concealed carry permit, NY
1/21/05
Utica, New York
From Utica’s Newswatch50.com of January 20, 2005
Man Holds Gun On Home Intruder
Elvis Tricic got more than he bargained for after he allegedly broke into a home on Welsh Bush Road in Utica. The break-in happened very early Saturday morning.
State Police say the 22-year old suspect was held at gun point by the home owner until troopers arrived.
Tricic is charged with burglary in the second degree. He is being held in the Herkimer County jail on $50,000 cash bail.
Labels: NY, residence burglary
12/16/04
Buffalo, New York
From the Buffalo News of December 16, 2004
Would-be burglar shot by owner, police say
A would-be burglar was shot twice by the owner of a Best Street home he apparently was trying to break into Wednesday evening. He was listed in very critical condition in Erie County Medical Center, police said.
The 28-year-old man allegedly was trying to enter a home at 761 Best St. with another man at about 8:30 p.m. when they were approached by the owner, who pulled out a gun and began firing. The wounded man was shot in the chest and buttocks. His companion fled.
The wounded man was found by Ferry-Fillmore District police officers lying in the street near 33 Myers St. a short time later.
Police were interviewing witnesses, including the alleged shooter, according to reports.
The wounded man is expected to be charged in the incident. Initial reports by police indicate that the shooting appeared justified, but detectives said further investigation into the incident is required.
Labels: NY, residence burglary
11/11/04
Bradford County, New York
From Elmira’s WETMtv.com of November 11, 2004
Corning Man Shot During Burglary
A Corning man is in critical condition after police say he was shot while burglarizing a home in Bradford County. State Police in Towanda say the burglary took place early Wednesday morning at the home of 39 year old Howard Young of Windham Township.
Police say 25-year old Chad Patterson entered the home on the State Line Road around 2:20 a.m., took some items and was confronted by Young. Young then shot Patterson while he was still inside the house and Patterson fled the scene. It appears Patterson then went to Corning. Police, searching a house at 117 W. Second Street in Corning told 18 News they were searching the home for items that may have been taken from a burglary in Bradford County.
Elmira police say a man with a gunshot wound to the back was flown by helicopter early this morning from Corning to the Arnot Ogden Medical Center. Hospital officials say Patterson is being treated there and is in critical condition.
Labels: NY, residence burglary
11/10/04
Syracuse, New York
From Syracuse‘s WIXT.com of November 10, 2004
Robbery Suspect Shot
Syracuse Police are investigating a robbery attempt and shooting at the Mobil Service Station at the corner of Velasko Road and West Onondaga Street.
…
It happened at the Mobil station in Western Lights around 4am Wednesday morning. Syracuse Police report that 40-year-old Elwood Powell was let into the station and after walking around he tried to attack the owner, 51-year-old Steven Brown. Police say Brown pulled out a semi-automatic shotgun and shot Powell in the leg. Brown then locked himself in the office. Powell tried to take cash from the register, but could not. When police arrived they found Powell lying next to the ice cream freezer in a pool of blood.
Powell was taken to the hospital for treatment of his wounds. He has been charged with robbery. No charges were filed against Brown
Labels: business robbery, NY
9/25/04
Buffalo, New York
From Buffalo‘s WIVB.tv of September 25, 2004
Fatal Shooting May Have Been Self Defense
Buffalo Police are investigating a fatal shooting that may have been an act of self defense.
Officers say around 9:30 Friday night two teenagers broke into a social club for senior citizens on Genesee Street near Sherman.
Police beleive the teens were trying to rob the members, and threatened them with a shot gun.
The shot gun went off and a member of the club returned fire, killing one teen, injuring the other.
Police say the man that fired the shots did have a pistol permit for the gun.
They do believe he fired in self defense, but are continuing their investigation.
Labels: business robbery, concealed carry permit, NY
8/16/04
Smithtown, New York
From Long Island’s Newsday of August 16, 2004
Robbery foiled
An adult video store clerk shot a robber in the arm, and then himself in the hand, while fending off the assailant who came in demanding money Saturday afternoon, Suffolk police said.
John McMurray was working at the store on Jericho Turnpike at about 4:30 p.m. when a man armed with a metal pipe arrived, police spokesman Officer Sonny Di Stefano said.
McMurray, 67, of Bohemia, gave the man, Stanley Hagzan, 50, of 29 Johnson Ave. in Kings Park, some cash. Hagzan then tied up McMurray, Di Stefano said.
The clerk was soon able to free himself and then reached for his licensed revolver and shot at Hagzan. Hagzan swung a pipe at McMurray when he realized the clerk was no longer tied up, Di Stefano said.
McMurray told police he wasn't sure if he had hit him, and that Hagzan fled in a vehicle. McMurray, who accidentally shot himself in the hand, was taken to St. Catherine of Siena Medical Center in Smithtown, where he was treated and released.
Meanwhile, someone drove Hagzan to the same hospital, where officials contacted police just before 5 p.m. saying that they were treating someone with a gunshot wound to his right arm, Di Stefano said.
Police arrested Hagzan after McMurray identified him as the robber. Hagzan was charged with first-degree robbery. Because he was being held at the hospital, his arraignment was postponed yesterday, court officials said.
…
Di Stefano said there would be no criminal charges against McMurray because he was acting in self-defense.
Labels: business robbery, defender shot, NY
7/18/04
Greece, New York
From the Rochester Democrat and Chronicle of July 18, 2004
Man is fatally shot by relative
A Rochester man was shot and killed by a relative Saturday while apparently violating an order of protection, town police said.
Officers were called to 238 West Hill Estates at 10:30 a.m. for a report of an attempted break-in. They found 43-year-old Russell Thurston of 600 Center Place Drive lying in the driveway, fatally shot in the torso.
Thurston was a relative of the homeowner, who had a valid Monroe County Family Court order of protection that barred Thurston from coming near the residence, police said. They would not identify the homeowner.
No charges were filed.
Labels: domestic dispute, home invasion, NY
6/5/04
Utica, New York
From the Utica Observer-Dispatch of June 5, 2004
Utica man found not guilty of menacing
A Utica firefighter who pointed his gun at three people at an October party was found not guilty Friday of three counts of second-degree menacing, said his attorney, Les Lewis
....
Sickler, who was 24 at the time, pulled a Colt semiautomatic handgun on two occasions at an Oct. 25 house party in Utica, according to five witness depositions.
He pulled out the gun after another person pulled out a knife during their conversation, and again later during a heated exchange with two other men, witnesses said.
Sickler argued to the court that he pulled his gun in self-defense, Lewis said.
"He had a gun in his holster," Lewis said. "Two thugs tried to come start a fight with him. He put it back immediately afterward. He went in the house after that because he didn't want any more trouble."
5/26/04
Bergen, New York
From the Rochester Democrat and Chronicle of May 26, 2004:
Homeowner foils break-in; 3 arrested
A homeowner interrupted a burglary at his residence on Tuesday, and State Police arrested three people.
Arrested were Michael Skavarek, 45, of Rochester, charged with first-degree burglary; and David Johnston, 49, of Gates and Jacqueline Vasquez, 32, of Rochester, who were charged with second-degree burglary. All were to be arraigned in Bergen Town Court on Tuesday night.
The burglary occurred at a home on Route 19. The homeowner returned home about 10 a.m., saw people burglarizing his home and confronted them with a legally owned pistol, troopers said. No shots were fired.
Skavarek and Johnston tried to get away in a van and the homeowner punched out a window. Troopers said Skavarek then threw gasoline from a can that was in the van at the homeowner, and Skavarek and Johnston ran away.
A trooper showed up and immediately arrested Vasquez, whom the homeowner was holding at bay. Troopers searched the area and found Skavarek in woods about three miles away. Johnston broke into a neighboring house and hid, troopers said; that homeowner offered Johnston a ride, and turned him over to State Police at the command post they had assembled.
Additional charges are pending, police said.
Labels: NY, residence burglary
4/25/04
Towanda, New York
From the Elmira Star-Gazette of April 24, 2004
Chemung man killed after apartment break-inFrom Pennsylvania’s Sayre Morning Times of April 20, 2006
A Chemung man was shot to death Friday morning after breaking into another man's home in Towanda -- the fourth shooting death in the county in a month and the second in two days.
Arthur Croteau, 50, whose estranged wife was at the shooting scene, broke into Tim Philmeck's apartment at 112 Bridge St. in Towanda by forcing open a kitchen window, state police said.
When he realized that the window was being opened, Philmeck, 57, retrieved a .357-caliber Magnum from an end table, according to a police report.
Police said that as Croteau approached Philmeck, Philmeck shot him about three times in the hand, chest and neck. It was unknown whether Croteau brandished a weapon.
Croteau collapsed on a bed in the apartment, police said.
Philmeck then called 911 and waited for police and emergency medical services to come to the apartment.
No charges have been filed in the case.
No charges to be filed in shooting death of Chemung man
No charges will be filed against a former employee of the Bradford County Assistance Office who shot a 50-year old Chemung, N.Y., resident in April of 2004, according to a report published Wednesday by the Rocket Courier newspaper in Wyalusing on its Web site.
Arthur Croteau of Chemung was shot and killed April 23, 2004 after allegedly crawling through the window of an apartment being rented by Timothy Philmeck, the one time Executive Director of the Bradford County Assistance Office.
Police initially reported that Philmeck had shot Croteau with a .357 magnum as Croteau crawled through the window.
Inside Philmeck's house, according to police reports, was Croteau's estranged wife, Victoria “Vicki” Sindoni.
Police said Philmeck told them he heard the window being opened, picked up a .357 magnum revolver from an end table and fired the weapon three times as Croteau approached him. Croteau was struck in the hand, the chest area, and the neck.
After the shooting, Philmeck reportedly called 911, and waited for the police and emergency personnel to arrive on scene.
A letter has been sent to the parties involved in the incident advising them that Philmeck will not be prosecuted for criminal homicide, manslaughter or even reckless endangerment, according to the Rocket Courier report.
Bradford County District Attorney Stephen Downs told a Rocket reporter that the basis for the lack of charges is “unlawful intrusion” on the part of Croteau, but did not elaborate further.
Attempts by the Morning Times to reach Downs and Waverly Attorney Todd Miller, who is representing the Croteau family, were unsuccessful Wednesday.
Miller declined to offer a formal statement to the Rocket Courier until he speaks to family members, but he was quoted as saying, “I guess that means you can get away with murder in Bradford County.”
Labels: domestic dispute, home invasion, NY
3/25/04
Queens, New York
From the New York Post of March 25, 2004:
CLERK SHOOTS HOLD-UP MANIn most of America, of course, having a gun in one's store would not be a criminal act.
An attempted robbery at a Queens bodega led to gunplay last night when an armed clerk shot the bandit in the head, police said.
Devin Keitt, 26, allegedly tried to rob at gunpoint the Ramon Food Market on 107th Avenue in Ozone Park at 8 p.m., cops said.
But he was foiled by Edwin Marte, 35, who shot Keitt once in the head with an unlicensed gun, police sources said.
Keitt managed to run almost a block and a half from the bodega before collapsing, according to a police source.
He was rushed to Jamaica Hospital in critical condition.
Police sources said Marte is facing a weapons charge and Keitt is facing attempted robbery and weapons charges.
Labels: business robbery, NY
3/9/04
Syracuse, New York
From Syracuse's WIXT.com of March 7, 2004:
Robbery Suspect Shot in Apartment
Police say a Syracuse man has been shot after breaking into an apartment for the second time in four days. Police have arrested Willie Cooper for breaking into a Presidential Plaza apartment on Wednesday, and stealing a TV and clothing from the man living inside. Cooper came back to steal again Saturday night with two teens. But, when they broke in this time, the man heard them grabbed his shotgun and starting firing.
Cooper was hit and was taken to the hospital, where he was also later arrested. The two teens are also facing burglary charges. The man who shot at them is not; police say he was acting in self defense.
Labels: NY, residence burglary
2/16/04
Utica, New York
From the Utica Observer-Dispatch of February 16, 2004:
Attempted home invasion followed by scuffle, police say
Two Utica men were charged Sunday morning in connection with an attempted home invasion on Cosby Manor Road, state police at East Herkimer said.
A man who was asleep at his home at the time was also charged after police said he woke up, found a gun and fired it at the intruder, police said.
The two Utica men accused of attempted burglary are Antonio S. Hallam, 21, of Mary Street, and Joshua I. Brooks, 18, of Elm Street.
A motive has not been determined, Investigator Michael Dolly said.
Hallam was charged with first-degree attempted burglary, a felony, and second-degree criminal use of a firearm, a felony. He was sent to the Herkimer County jail in lieu of $50,000 bail, Dolly said.
Brooks was charged with third-degree criminal possession of a weapon, police said. He was sent to county jail in lieu of $10,000 bail, Dolly said.
Matthew Roman, 22, of Cosby Manor Road, Utica, was sleeping when the two men tried to enter his residence. He was charged with fourth-degree criminal possession of a weapon, a misdemeanor, police said. He was released and will appear in Schuyler court, Dolly said.
Roman awoke as Hallam, who had a loaded handgun, tried to enter the home, police said. Roman found a handgun and fired it at Hallam, who tried to flee, police said. Hallam was not hit.
Roman followed Hallam outside, police said. Brooks, a passenger in Hallam's vehicle, left the car with a handgun and gave it to Hallam, police said. Roman and Hallam then began to fight. Roman gained control of the handgun and struck Hallam with it, police said.
Labels: NY, residence burglary
1/4/04
Clifton Springs, New York
From the Rochester Democrat & Chronicle of January 4, 2004
Suspect in burglary shot in faceUPDATE: Good news from the January 5, 2004 Finger Lakes Times:
Ontario County sheriff’s deputies said a man is recovering from facial injuries after he was shot by a homeowner early Saturday.
Deputies said a resident of 1294 King Road called 911 to report a burglary in progress after hearing glass break and seeing someone outside the home with a flashlight at 2:19 a.m.
While the caller waited for deputies to arrive, the suspect attempted to lift a rear window to gain entry into the home.
A man inside the house got a .22-caliber rifle from his bedroom and fired three rounds through the window, deputies said. The suspect, who was struck in the face by one round and numerous glass shards, was found on Route 96, they said.
The injured man was flown to Strong Memorial Hospital by Mercy Flight Central and was in stable condition, deputies said.
The teenager who sheriff’s deputies say was shot as he tried to break into a King Road house early Saturday has been charged, but the homeowner won’t be.
Nathan J. Rosekrans, 16, of 3145 Route 96, Clifton Springs, is accused of second-degree attempted burglary and possession of burglars’ tools.
Labels: minor offender, NY, residence burglary
12/29/03
Brooklyn, New York
From the New York Daily News of December 29, 2003
B'klyn man kills intruder
A Brooklyn man shot dead a would-be robber who had burst into his first-floor Flatbush apartment last night, police said.
"I just shot somebody," the man said in a call to 911, police said.
The 29-year-old intruder, identified by his girlfriend as Fisher Canton, was gunned down about 6:45 p.m. inside the rear bedroom of the apartment on E. 18th St., near Newkirk Ave., police said.
Police were questioning the apartment resident, who was not identified, and trying to determine if his weapon was registered.
They also were sorting out whether Canton, who was shot in the face, was armed or just pretending to carry a weapon.
...
Third-floor tenant David Colling, 54, defended his neighbor's actions.
"It could have happened to me," Colling said. "I guess he did the right thing."
Building resident Harry Bell, 30, a maintenance worker, said his apartment was broken into about a year ago and thieves stole about $2,000 worth of jewelry.
"I guess you got to do what you got to do to protect yourself," he said.
Labels: home invasion, NY, residence robbery
12/12/03
Brooklyn, New York
From the New York Post, December 12, 2003:
The Brooklyn pet shop owner who blew away two would-be robbers said yesterday he regrets the bloody killing.Blume said exactly the right thing, both morally, and pragmatically.
"I'm very sad that that even happened," Ivan Blume said yesterday at his Stillwell Avenue pet shop - the scene of Tuesday's mayhem.
Blume told cops he disarmed Michael Live and then shot him and his accomplice, Hector Perez, who was trying to tie up a store employee with duct tape.
Police have been unable to connect the .38-caliber revolver Blume used with either of the robbers.
Blume is legally off the hook for the shooting, the Brooklyn District Attorney's Office said.
"We will not be presenting the case to a grand jury," said Jerry Schmetterer, DA Charles Hynes' spokesman.
It is always a tragedy when a criminal forces a victim into a situation of having to kill the bad guy. Even being completely in the right can create serious psychological problems for the killer.
It is also pragmatically a good idea to say this. I think you can be sure that the next-of-kin of the criminals will be suing Mr. Blume.
Labels: business robbery, criminal's gun taken away and used against him, NY
11/10/03
This Is What Gun Control Advocates Are Trying To Stop...
when they oppose wider issuance of concealed weapon permits. From the Northwest Indiana Times:
MERRILLVILLE -- A 28-year-old Gary woman said she knew what it meant Tuesday when she noticed the man holding a gun to her head was wearing gloves.Funny, but I just received an email from a well-known academic who claimed that legitimate defensive gun uses are quite rare.
She figured she was going to die.
"I've called police on him before. He's tried to threaten me and my entire family. ... He was going to kill me," she said. "He's a friend who wanted to be more than a friend, and it's not possible."
But, the outcome of the incident took a turn when the woman pulled out her own 9 mm pistol and shot her abductor in the mouth, police said.
...
The woman said she was sitting in her car about 9 p.m. at CVS Pharmacy, 5301 Broadway, when two men in another vehicle blocked her car from moving.
A security officer came out of the pharmacy, and the men moved their vehicle, she said. But once the security guard went back inside the building, the men allegedly blocked her vehicle again and forced her into their car at gunpoint.
She said they then drove to an isolated wooded area in Gary and parked, with one of the men continuing to point a gun at her head.
While they were still in the car, a man came out of a nearby house and approached the vehicle.
She said while her abductor rolled down the car window and was momentarily distracted, she pulled out a handgun she had on her hip.
UPDATE: Ah, what the heck. I'll start adding to this entry with all the defensive gun shooting outside of the victim's home, so that I can provide a detailed list for this supposed scholar that such incidents are actually quite common. For example, this incident from September 23.
Lopez allegedly raised a gun toward Hyatt as Hyatt tried to leave the scene with the woman in her car. Hyatt stopped the car, got out and shot the victim in the chest with his .44-caliber Magnum.
"He was either going to shoot at her or at him," said Crowley, adding that interviews with witnesses substantiate Hyatt's claim that the shooting was self-defense. "Everything right now points to justifiable homicide."
Crowley said the man then fired at Hyatt but missed, leading to Hyatt's second shot, which hit the man's lower torso. The man died at the scene. His girlfriend, who ran when the shooting began, returned to the scene when police arrived.
On September 16 in Buffalo, New York.
A gunman attempting to rob a Northland Avenue convenience store is dead after he fired a shot at a clerk Monday afternoon and the store owner returned fire, hitting him in the head, police said.On September 13:
The dead man was identified as Jason A. Cramer, 18, of Gibson Street. Cramer was arrested last month in the robbery of a Fillmore Avenue grocery store at gunpoint and was later released from jail.
PROVO — The wrong end of a gun barrel wasn't what the man who was attempting to rob the Provo Greyhound Freight and Travel depot was expecting Thursday afternoon.
But that's the position a 27-year-old Orem man was facing after demanding money from Scott Windhorst, the independent owner of the Greyhound station at 124 N. 300 West. A concealed weapons permit holder, Windhorst said he didn't hesitate in pulling out his pistol instead of forking out the company's cash.
Labels: concealed carry permit, IN, NY, UT
