Civilian Gun Self-Defense Blog

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

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.

Labels: animal, NY

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

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.

Labels: business robbery, criminal's gun taken away and used against him, NY

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

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

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

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

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.

Labels: animal, NY

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

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

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

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

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

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

Man turns the table on alleged robbers

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 gunman

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-Defense

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

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

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

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.

Labels: animal, NY

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

E. Main St. shooting

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

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

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

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.
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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.

Labels: assault, NY

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

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

Man shoots and kills intruder

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 Burglar

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

A 72-year-old man catches his own crook

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

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

Fear sparked deadly Schenectady shootout

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.
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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.
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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

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.

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Labels: concealed carry permit, NY, street robbery

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

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

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.

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Labels: altercation, NY

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

Cops: 9-Year-Old Shot In Home Robbery Attempt

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.

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

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

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."

Labels: assault, NY

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

Man shot dead during robbery attempt

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.

Suspect Killed in Robbery Attempt

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

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

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.

Labels: assault, NY

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!"

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Labels: business robbery, NY

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

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

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

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

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

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

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 a