Civilian Gun Self-Defense Blog

Fatal shooting ruled self-defense; other charges filed

A man accused of shooting another man to death has been cleared of pulling the trigger, but is facing other charges related to the incident.

Kenneth Lee Rodriguez, 18, was one of two people shot April 7 in the 100 block of Carrier Street NE.

Patrick Batshon, 17, was arrested the next day and told investigators the shooting was in self-defense. He was later released pending further investigation, according to the prosecutor's office.

Investigators say Rodriguez another person in the incident, Salko Durmic, 17, agreed to meet Batshon to buy some marijuana from him, and in turn sell him a gun. But it is alleged there was never a gun in the deal, and Durmic and Rodriguez conspired to buy the drugs and then rob Batshon.

The prosecutor's office says Durmic and Rodriguez choked and punched Batshon during the robbery. That is when Batshon shot the two men.

Rodriguez died and Durmic survived.

Now the prosecutor's office says the shooting was in self-defense. But Batshon and Durmic have been arraigned on charges that led up to the shooting.

Batshon is facing charges of delivering marijuana, carrying a concealed weapon in a motor vehicle, and possessing a firearm during the commission of a felony.

Durmic is facing charges of assault with intent to commit unarmed robbery and conspiracy to commit unarmed robbery.

Labels: altercation, MI

Labels: altercation, defender shot, WI

Labels: altercation, street property theft, TX

Man acted in self defense in fatal Lexington shooting, police preliminary report says

Lexington police have released the man they had held for questioning in connection with Saturday's fatal shooting at the BP Major Market parking lot.

The man had been held since Saturday night.

Police said the preliminary investigation shows that the man acted in self defense in the shooting that killed 32-year-old Tommy Ray Dill, Jr.

Labels: altercation, TN

A shooting outside a North Miami-Dade shopping plaza Sunday morning left a security guard wounded, a man dead and another on the run, Miami-Dade police said.

The wild scene played out at around 9 a.m. as early-morning shoppers began arriving at the center anchored by a Winn-Dixie supermarket at Northwest Seventh Avenue and 111th Street.

It's unclear yet what sparked the incident, but it may have been a confrontation between two young men and the guard, and not an attempted robbery.

''There are a lot of customers who did see what happened and we are interviewing them as well,'' said Robert Williams, a spokesman for the Miami-Dade Police Department.

An aunt of the dead man said the victim was 19 years old, according to Miami Herald news partner CBS4. She said she did not believe her nephew was involved in a crime.

''I don't know what happened in the parking lot, what went on,'' said Antoinette Cobb, who told the station she was the dead man's aunt. ``I want to know what happened. . . . The police are not giving me any information.''

Witnesses said the security guard appeared to be making his rounds at the center in a golf cart when he was approached by the men.

There was a confrontation that escalated. Investigators said one of the men pulled a gun and shot the guard in the upper chest. The guard returned fire, hitting one of the men, who fell in the parking lot.

The second man took off into a neighborhood just northeast of the shopping center.

The security guard along with the other man were taken to Jackson Memorial Hospital's Ryder Trauma Hospital, Williams said. The wounded man was declared dead at the hospital. His name has not been released.

SHOT IN TORSO

The security guard, who was shot in the upper torso, was undergoing surgery. He also had not been identified Sunday night.

''Right now we do not have a motive,'' Williams said, adding that homicide investigators are still conducting interviews.

Detectives need to talk to the hospitalized security guard for a clear picture of what sparked the violence.

''We do not know yet if robbery was the motive. We want to make absolutely sure that that was the motive for this so we need to talk to that security guard to get a statement from him,'' Williams said.

Labels: altercation, defender shot, FL, private security

No Charges For Gas Station Shooter

Kent Co. prosecutors have announced that there will be no charges for the man who shot and killed another man in Grand Rapids.

It all happened last month at the Shell Gas Station at the corner of Kalamazoo Ave. and Boston Street.

Gabriel Rodriguez was filling up his car when he got into an argument with a man named Glenn Tett, who is licensed to carry a concealed weapon. Surveillance video shows Rodriguez picking up a trash can lid seemingly to hit Tett, when Tett takes out a gun and shoots Rodriguez, killing him.

Tett told police that the reason he fired his gun was because he feared for his life, and after watching the surveillance video and investigating the case, Kent Co. Prosecutors agreed that Rodriguez' actions could have been interpreted as life-threatening.

"As you're watching (the surveillance video), this happens in an instant," said Kent Co. Prosecutor Bill Forsyth. "We could sit here and Monday-morning-quarterback this, and say well, 'He could have closed the door to his truck and gotten in and driven away. (Tett) could have stepped back, he could have waited to see what it was he was swinging at him, it might have changed things,' but that's not the way the law is written."

(More)

Labels: altercation, concealed carry permit, MI

Homeowner shoots man in Flint's first homicide

The city's first homicide of the year occurred Saturday morning when police said a 72-year-old man shot his 37-year-old housemate in the stomach.

Police were called to the scene about 7 a.m. and found Jonathon Joseph Stevens dead on the sidewalk next door to the home where he'd been living. Police have not released the name of the accused shooter.

Flint police Sgt. Roderick LeGardye said Stevens and the older man got into an argument early Saturday morning inside the home at 2518 Bagley St. During the fight, Stevens allegedly hit the elderly man with a large wooden stick. The 72-year-old then pulled out a gun and shot the victim at least once in the stomach, LeGardye said.

Stevens tried to run away but collapsed on the sidewalk. The suspect was taken to Hurley Medical Center with head injuries. He is not expected to be taken into police custody pending further investigation, LeGardye said.

"Right now, we're unsure what they were fighting about," LeGardye said.

LeGardye said Stevens was living in the older man's home but did not know their relationship. Stevens' wife had recently moved in and was at the home when the shooting occurred.

This has been the first time in years Flint has gone more than two months into a new year without a homicide.

(More)

**Update April 15, 2008**
Housemate slaying was self-defense: no charges

Labels: altercation, MI

UPDATE: On 02-22-08 at about 11:08 am a fatal shooting occurred in the parking lot of the Safeway store, 1635 E. Cottonwood Street. The deceased person is identified as James Keith Orsini, 47, of Cottonwood. Mr. Orsini died at the scene. Next of kin have been notified.

ORIGINAL REPORT: The Cottonwood Police Department is investigating a homicide that occurred on February 22, 2008 at about 11:08 AM in the Safeway Store parking lot.

Cottonwood, Arizona, February 22, 2008 - Today at about 1108 AM Officers of the Cottonwood Police Department responded to the parking lot of the Safeway Store, 1635 E Cottonwood Street, on the report of shots fired. They found one subject down with apparent gunshot wounds and a second subject nearby. The gunshot victim was deceased at the scene. At the time of this report he has not been positively identified. The other party involved is identified as James Sherman King, 59 years old, of Cottonwood.

Preliminary investigation revealed that the incident started on the roadway and both subjects pulled into the store parking lot. Witnesses state that the deceased subject approached Mr. King with a raised axe. They heard two shots and the man with the axe fell to the ground.

Labels: altercation, AZ

A homeowner shot an intruder early Friday morning, and North Richland Hills police were investigating whether criminal charges would be filed.

The incident occurred about 12:30 a.m. in the 7900 block of Laura Street, said North Richland Hills police Sgt. Greg Trickey.

The 30-year-old homeowner heard some noises outside and confronted a person in his backyard. The homeowner told the person to stay put, but the man advanced, police said. Samuel Thomas Ford, 27, was shot in the shoulder and taken to John Peter Smith Hospital with a non-life threatening injury, police said.

Police declined to release the name of the homeowner.

Labels: altercation, TX

CHESTERTON, Ind. -- A man suspected of shoplifting hair-growth formula from a drug store was shot and wounded by a truck stop security guard following a high-speed chase in northwest Indiana.

Police say 36-year-old Michael A. Holmes of Markham, Ill., faces several charges when he is released from the hospital.

Police say Holmes had a woman and three children in his car Monday night as he led police on a chase at speeds of up to 100 mph from Chesterton to Gary.

Holmes fled on foot after crashing the car. A security guard at the Dunes Truck Stop says he shot Holmes in the abdomen when Holmes reached for his gun.

Labels: altercation, IN

By 7:30 Monday evening it was business as usual at the Family Store in northwestern Atlanta. The store smelled freshly clean. The owners had removed the blood from the floor.

Two hours earlier, according to witnesses, two men had come into the convenience store at 2535 Center St. and started beating a customer. The customer then produced a gun, said Manuel Fernandez, who was working the counter. Seconds later, a 26-year-old man lay dead on the floor.

"It was two on one," the 20-year-old Fernandez said. "One was holding him, and the other was beating him in the face. That's when he got his arm free and pulled out the gun and shot."

"I think it was over money."

Outside, 14-year-old Vincent Cameron, who had been playing basketball at the store hoop, was apparently struck by a ricochet bullet. Relieved relatives said Vincent, who was being treated at a hospital, was going to be OK.

"He got shot and somehow he pulled the bullet out himself," said his cousin Shekena Talley, who lives in Paulding County. "They are going to stitch him up. He should be home soon."

"He said when he pulled the bullet out, it was hot."

Fernandez said when the shooting started he ducked behind the counter and heard several shots. When he stood back up, he saw one of the men who had been doing the beating on the floor, dead. Both the shooter and the guy who was holding him fled, Fernandez said.

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The violence — in a city with more than 120 killings last year — didn't even merit a press release from the Atlanta Police Department.

Labels: altercation, GA

INDIANAPOLIS (WISH) - Metro Police say a homeowner shot a man in self-defense outside his eastside home Saturday morning. But it's not the man's first time using a gun.

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Metro Police were called by a homeowner, Richard Burns, who said he had just shot a man behind his Brookville Road home.

"Apparently he heard a noise outside, went outside to see what was going on, and related to the detectives that this individual came at him with a knife, and which time he fired a shot," IMPD Sgt. Paul Thompson said.

Burns told detectives the man he shot was coming out of his car, perhaps trying to steal it.

The victim was hit in the chest and taken to Wishard Hospital in serious condition. While doctors work to save the victim's life, detectives work to figure out a complex case.

Police will determine if this shooting was indeed self-defense. What they'll also look at is the fact that Mr. Burns has been involved in two other shootings, this year alone.

Labels: altercation, IN, street property theft

Would-be robber shot at restaurant

A would-be robber had life-threatening injuries after being shot by his intended victim at a northern Charlotte restaurant late Wednesday, police said.

The suspect was taken to Carolinas Medical Center after the 9:20 p.m. shooting at Floyd's Homestyle Cooking restaurant on Graham Street. Some of his bloodied clothes were strewn in the parking lot of the restaurant. Nearby, two guns lay on a sidewalk.

Police haven't released an account of what happened during the shooting, but Charlotte-Mecklenburg Police Spokesman Officer Hassan Peterson said the restaurant was closed when the first officers arrived.

Police interviewed the man working at the restaurant and homicide investigators planned to interview him again late Wednesday.

It was the second time in less than three months that someone working at a business shot a potential robber.

In December, a man shot a teenager who was trying to rob his west Charlotte convenience store.

On that day, two teens walked into the Bradford Food Mart demanding money and at least one of them was armed.

So was the store's owner.

The owner and one of the suspects fired their weapons, and one of the suspects was hit in the stomach. The owner wasn't hurt and the injured teen survived.

Would-Be Robber Shot

A suspected robber is in the hospital after police say he was shot by his intended victim.

It happened around 9:00 Wednesday night on North Graham Street in Charlotte.

Police say the gunman tried to rob a worker in the parking lot of Floyd's Restaurant.

That worker also had a gun and shot the gunman in the face.

Medic was called to the scene and took the gunman to the hospital with very serious injuries.

No word if any charges will be filed.

Labels: altercation, NC, street robbery

Man says shooting was self defense

A man is claiming self defense after police say he shot and killed a Montgomery County man.

Police say 27-year-old Mike Dunn fatally shot 46-year-old Greg Rudd on Sunday. Dunn tells WKYT in Lexington that he had no choice but to shoot Rudd.

Dunn says Rudd pointed a gun at him and threatened to kill him before he fired.

He says he went to find out why Rudd and another man were on his property without his permission. And when he approached the men, he says they began arguing.

Police have not made an arrest in the case but they are still investigating.

Dunn says he hopes Rudd's family can forgive him.

Labels: altercation, KY, trespassing

Pittsfield Township police arrested three people accused of attacking a man in traffic after he earlier tried to intervene in a dispute.

The victim was outside Falsetta's Market at 2200 Pittsfield Blvd. at about 4 p.m. Wednesday when he saw a man loudly arguing with a woman and trying to push her into a van, said Detective Lt. Steve Heller.

The victim said he asked if everything was OK and told the woman she didn't have to get into the vehicle. He said the man told him to mind his own business, and they left in the van.

The victim went into a nearby store and called police before he left.

While stopped at a red light at Carpenter and Packard roads a few minutes later, the victim said the driver of the van confronted him and began yelling. He said he exited his vehicle and was punched in the face and knocked to the ground, Heller said.

Two women, including the woman he tried to help, got out of the van and began hitting and stomping the victim while he was on the ground, Heller said.

A passing motorist stopped his car, pulled a gun and demanded the trio stop beating the man, Heller said.

Police responded to several calls reporting a man holding people at gunpoint. Officers determined the man with a gun had a legitimate concealed weapons permit and was trying to help, Heller said.

Officers arrested an 18-year-old Ann Arbor man and two 19-year-old women. They were released pending charges.

The victim was not seriously injured.

Labels: altercation, concealed carry permit, MI

Teen set free in shooting death

A Jackson 19-year-old who said he shot and killed a man who had constantly bullied and robbed him is free of a murder charge after a Hinds County grand jury didn't indict him.

Kentarus Christmas was released from the Hinds County Detention Center late Tuesday.

Christmas was charged with murder in the Nov. 10 shooting death of Michael Smith, 21, of Jackson outside a business off East Fortification Street.

"The Lord was working with me. He knew that I wasn't some troubled child out there doing wrong. He stood behind me," Christmas said Tuesday after being released from jail.

But Smith's grandmother, Luezina Smith, said the grand jury's decision not to indict Christmas sends the message that, "If you're afraid, you can go out and kill someone."

Luezina Smith said Christmas should face a murder charge in her grandson's death.

"He shot him down from behind and stood over him and shot him more times," Luezina Smith said.

During Christmas' preliminary hearing in December, his attorney, Assistant Public Defender Matthew Eichelberger, called Michael Smith a thug and said his client deserved a key to the city instead of being in handcuffs.

"This is great news. I'm overjoyed for Ken and his family, and I'm proud of the people of Hinds County for recognizing this for what it was - justifiable homicide," Eichelberger said Tuesday. "Now Ken can go on with his life, free of harassment from both the justice system and Michael Smith."

Hinds County District Attorney Robert Shuler Smith confirmed Tuesday that Christmas wasn't indicted.

Robert Shuler Smith, no relationship to Michael Smith, said he doesn't know why the grand jury didn't indict Christmas but said the grand jury probably took into consideration Smith's criminal history of robbing people.

"I couldn't imagine the grand jury wouldn't take that into consideration," Robert Shuler Smith said.

Jackson police Detective Amos Clinton said he didn't want to call Smith a thug but said police had had run-ins with him.

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Police said Christmas voluntarily gave a statement confessing to shooting Smith but said there had been an ongoing situation in which Smith had repeatedly robbed and bullied him.

Christmas was apprehended while fleeing the scene the night Smith was shot.

A 9-mm handgun was recovered. Smith, who was shot multiple times, later died at Baptist Medical Center.

Christmas told police Smith had approached him at a barbershop near where the shooting occurred and demanded money. When he told him he didn't have any money, Smith reportedly told him he needed to have someone bring him money.

Christmas told police he followed Smith out of the barbershop door and shot him.

"He said if he didn't do something, the bullying would continue," Clinton testified in Christmas' preliminary hearing.

Labels: altercation, MS

Billings man who fired pistol in self-defense released

A Billings man who was arrested after firing a pistol in a tavern parking lot has been released from the county jail.

Justin Swanz, 26, was freed about 10 hours after his arrest early Tuesday when county prosecutors sent the case back to police for further investigation. Chief Deputy County Attorney Mark Murphy said he could not discuss details of the case, but Swanz claimed in an interview Wednesday that he fired the pistol in self-defense.

Swanz was arrested after police responded about 1:20 a.m. Tuesday to a weapons complaint at Shooters Casino and Sports Bar, 1600 Ave. D.

Officers stopped Swanz as he was leaving the parking lot in a Jeep Cherokee.

Swanz told The Gazette on Wednesday that he fired once into the air as six or seven men advanced on him in the parking lot following a confrontation inside the bar. Swanz said he fired the Taurus .44 Special revolver once.

"They were going to beat me up," Swanz said. "I had no choice but to fire that shot in the air. It was total self-defense."

Swanz said he had arrived at the tavern alone between 10 and 11 p.m. to play pool. He bought a pitcher of beer and played several pool games with another man. Swanz said he went to leave shortly after 1 a.m. and was confronted by men who claimed he owed the other man $1,200 for betting losses on the pool table.

Swanz said he did not bet on the games, but the men threatened him and one man grabbed his pocket knife from his front pants pocket. Swanz was told to leave, so he grabbed his jacket and walked out of the tavern, he said.

As he walked to his car, Swanz said, the men followed and continued to threaten him. When it appeared they were going to attack him, Swanz said, he pulled his pistol from his coat pocket, pointed it into the air and fired one shot. The gunfire stopped the men, although someone threw ice on him, he said.

Swanz said he does not have a concealed weapons permit. Swanz said he is unemployed and he has no criminal record.

Labels: altercation, MT

Self-defense may be factor in fatal shooting near Willow

Alaska State Troopers are examining the possibility that a man who was killed near Caswell Lake north of Willow on Thursday was shot in self-defense.

Troopers have not yet arrested anyone in connection with the death of Bradley D. Mork, 43. Mork, of Talkeetna, died after being shot in a home driveway, troopers spokeswoman Megan Peters said Friday.

Though no one has been charged, a male witness, also 43, was walking in the neighborhood with a "couple people" when troopers got to the scene about 20 minutes after the 5:30 p.m. call Thursday, she said. Peters did not identify the witness.

"We have identified someone who was involved in the incident that led up to the shooting, and they've been very helpful," Peters said.

Investigators are discussing the case with the Palmer district attorney to determine whether charges are warranted, she said. There is a possibility the shooting could turn out to be a case of self-defense, she said.

Peters refused to say whether the witness, who was apparently not related to Mork, had admitted shooting him.

She did not know whose home it was and was unsure whether the 911 call that Palmer police received originated from that residence or another in the area. Palmer police relayed the call to troopers.

Peters would not say how many times Mork was shot or what type of gun was used, but said the death was being investigated as a homicide.

The state medical examiner is expected to complete an autopsy on Mork in the next few days while the troopers' investigation continues.

A phone message left for the Palmer district attorney was not returned Friday.

Labels: AK, altercation

ST. CHARLES, Mo. -- The prosecuting attorney in St. Charles County rules that the fatal shooting of a mentally ill man by his stepfather was justifiable homicide.

Prosecutor Jack Banas says no charges will be filed against Dr. John Gentles in the death of his stepson, 26-year-old Marshall Fink. Banas says Gentles acted in self-defense.

Fink was shot on Jan. 11. Banas says Fink had shown increasingly erratic and often violent behavior over the past 18 months, and relatives feared for their safety. His mother says Fink was bipolar and had lived at home since being discharged from the Navy because of his illness.

Authorities say Fink threatened both his mother and stepfather on the day of the shooting.

Labels: altercation, MO

Security guard shoots man at Lake of the Woods

A security guard at Lake of the Woods in Orange County shot a man in the hip shortly after midnight Sunday, causing a minor injury.

According to State Police spokesperson Sgt. Les Tyler, the guard was investigating a 911 call from a residence on Wilderness Lane. Tyler said a man answered the door, became combative and assaulted the guard, who then drew his gun.

The man was taken to Mary Washington Hospital, then sent to the Medical College of Virginia Hospital in Richmond. His injuries are not life-threatening, Tyler said.

The State Police have not released any names, citing the ongoing nature of the investigation.

Labels: altercation, private security, VA

'Sweetest, kindest gentleman' shoots suspect

A white-haired 85-year-old man, rushing to his son's defense, shot and wounded a would-be car thief Monday morning in Little Havana, Miami police said.

The suspect, Norberto Fernandez, 29, had been trying to steal Jorge Jauregui's white Honda Accord in front of his house, 1368 SW 14th St.

Jorge Jauregui, 50, armed with a handgun, ordered Fernandez out of the car, police said.

''I don't care,'' responded the alleged thief, according to Miami police spokesman William Moreno.

The two engaged in a ''vicious fight,'' Moreno said.

Then his father, Florentino Jauregui, also armed, rushed out of the house and ''fearing his grandson was being overpowered,'' shot and wounded Fernandez, Moreno said.

The shooting could be ruled justified under Florida's self-defense law.

''He was not protecting property but was protecting bodily injury to his own grandson. The investigation is preliminary but it appears he might be covered under that law,'' Moreno said.

Fernandez, a felon with a long criminal history, was charged later Monday with burglary to a motor vehicle, aggravated assault and battery, police said.

He was also fingered as the man who robbed a woman of her purse a few blocks away earlier in the morning, police said. In that case, he was charged with strong-armed robbery.

Investigators believe he had escaped in a stolen white Toyota, which was later found nearby with a nail in the tire. He may have been trying to steal another car when confronted by the Jauregui family.

Fernandez was taken to Ryder Trauma Center at Jackson Memorial Hospital in stable condition, Moreno said.

A neighbor, Laura George, called grandfather Florentino Jauregui ``the sweetest, kindest gentleman in the neighborhood.''

The shooting happened about 9 a.m. in the 1300 block of Southwest 14th Street, only blocks from where another elderly resident, former 1930s Cuban track star Marta Suarez, helped police nab a purse snatcher in September.

Wearing designer sneakers, the 85-year-old Suarez chased the man into the path of a police cruiser. She got her purse back. He went to jail.

Suarez, still wearing the same Coach sneakers, wandered by the crime scene Monday after the latest confrontation between age and youth.

Labels: altercation, carjacking, FL

Labels: AL, altercation, residence burglary

Murder charge dropped in case of self defense

Prosecutors have dropped a murder charge against Frederick Espy II because of a lack of evidence.

Espy, 25, has claimed he was defending himself when he shot Joseph Thomas Burton on April 3, 2005, at the Club Oasis on Plummer Road.

Espy told Madison County sheriff's investigators he shot Burton in self defense, but he apparently disclosed that information after the deputies informed Espy of his Miranda rights and he had asked that a lawyer be present. Circuit Judge Loyd H. Little declared Espy's statements during the interview as inadmissible in the trial.

Without Espy's statement, the state has insufficient evidence to proceed, Assistant District Attorney Bill Starnes said Monday.

Espy's trial was scheduled to begin Monday before Circuit Judge Loyd H. Little Jr.

The shooting occurred about 3:30 a.m. at the nightclub. Witnesses told deputies Burton was near the door of the club where Espy, then an engineering student at UAH, was handing out fraternity flyers. Espy and Burton began to argue after Espy made a lewd remark about Burton's girlfriend, a witness told the officers.

The two men got into Espy's car where they argued and Burton assaulted Espy, according to Robert Tuten, Espy's lawyer. Espy reached behind the seat, pulled out a .40-caliber pistol and shot Burton, he said.

A grand jury indicted Espy on the charge of murder in May 2006.

"This is one of the best examples of self defense, I've ever seen," Tuten said. A person has a right to defend himself against an assailant who attacks him in the front seat of his car, he said.

During questioning by sheriff's investigators, Espy asked for a lawyer, Tuten said. He made other statements to the officers after the request.

In his motion to suppress those statements, Tuten said the statements the investigators obtained from Espy during the interview were in violation of Espy's privilege against self-incrimination.

In August 2007, Little ruled for the defendant.

"The court has reviewed the video of the defendant's interrogation concerning his involvement in this case," Little wrote in his order. "Based upon the defendant's unambiguous request to have an attorney present during question, the statements made by the defendant are suppressed and shall not be admissible if offered by the state in support of the charge.'

The state appealed Little's ruling to the Alabama Court of Criminal appeals. The appeal was rejected by the appeals court as having been filed after the time limit had expired.

Espy, who was out of jail on a $30,000 bond, is a student at Tuskegee University and is scheduled to graduate in a few months, Tuten said.

The prosecution can again charge Espy with murder in Burton's death at a later date, if there is new evidence.

Labels: AL, altercation

A shooting at a South Memphis nightclub has been ruled justified. Officers were called to the J.T. Lounge around 2:00 a.m. Thursday, where they found 51 year old Robert Thomas suffering from a fatal gunshot wound..

Investigators say the club owner and Thomas had been involved in an altercation which continued after the club closed.

Based on the information, the District Attorney General’s office has ruled the shooting as justifiable homicide pending the final autopsy and crime lab reports.

Labels: altercation, TN

DIP shooting death ruled self-defense

Wednesday's shooting death of Michael Jerome Brown has been termed an act of self-defense.

Police spokesman Officer John Young said Friday that a man shot Brown, 29, multiple times inside an apartment in Garden Park Estates, after Brown threatened residents with a firearm.

Brown's body was found by police at 3:45 a.m. Wednesday inside an apartment in the 1000 block of E. Woodlawn Drive off Dauphin Island Parkway, Young said.

Police are withholding the name of the man who shot Brown, Young said, because charges have not been brought against him. Young also declined to comment on whether the man is a resident of the apartment community.

Police on Friday would also not say why Brown brandished a weapon and threatened residents.

Young did, however, say Brown was not a resident of the apartment community and that he was visiting people living in an apartment on the block where he was killed.

The case, Young said, will now go before a Mobile County grand jury.

Labels: AL, altercation

Self-Defense Shooting in Cherokee County, North Carolina

In Cherokee County, North Carolina, a case of mistaken identity caused a fatal shooting.

It happened yesterday on Old Peachtree Road, a few miles northeast of Murphy. Cherokee County Sheriff Keith Lovin says Luis Wajda and Ruthann King were arguing when they called a friend to come pick them up. When Corey Luther arrived, Wajda thought he was King's ex-boyfriend, and fired his pistol. Police say Luther ultimately returned shots from a shotgun, killing Wajda.

"The person attempted to retreat as far as he could," Sheriff Loving said. "He was fired upon first and continued to be fired upon, and acted to protect himself."

Corey Luther was not charged or arrested. Sheriff Lovin says unless his department turns up new information, it's unlikely the District Attorney will bring any charges.

Labels: altercation, NC

Man in critical condition after bar security guard shoots him

A 28-year-old man was shot multiple times by a bar security guard early Saturday morning in the 100 block of West Rosedale Street, police said.

A security guard at the Cowboy Palace bar told police he was acting in self-defense when he fired multiple shots a man in a red car who allegedly tried to run over the security guard.

Jesus Torres was taken to John Peter Smith Hospital, where he was listed in critical condition. No arrests were made. Police seized the security guard's weapon.

Fort Worth police spokesman Lt. Dean Sullivan said detectives are investigating.

Labels: altercation, private security, TX

Police: Bar Owner Kills Man In Self-Defense

A southeast Houston bar owner shot and killed a man, police said, in self-defense, KPRC Local 2 reported Monday.

Officials said the shooting happened at Henry's Bar on North 80th at Avenue B at about 11 p.m. Sunday.

Police said a man walked into a bar and flashed a gun. When the owner asked him to leave, the man went outside.

"Outside the bar, there was another confrontation. He pointed the gun and the bar owner shot him and it appears to be self-defense at this time," said Sgt. E. Lorenzana with the Houston Police Department.

The man was shot in the head and died in the parking lot. His name was not released.

No charges have been filed against the owner.

Labels: altercation, TX

Confrontation ends in fatal shooting

Police said a disagreement between two men in a local bar transitioned to angry text messages after the bar closed, then escalated to a physical confrontation that resulted in gunfire at an apartment.

Conroe police said 25-year-old Austin Revel Cargill allegedly shot and killed Jordan Robert Eakins, 26, around 2:45 a.m. at Cargill's residence in the Forest Creek Apartments off of North Loop 336.

Conroe Police Sgt. Bob Berry said Cargill was answering questions, but no charges have been filed.

"Once we received his statement, compared it with the evidence at the scene and presented the case to the District Attorney's intake division, it was concluded that there would be no arrest at this time," Berry said. "So far, the information we have is consistent and reasonable to believe in this case the complainant (Cargill) acted within the scope of the law."

A grand jury will hear the case and determine what, if any, charges will be filed.

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Berry said it has not been determined what caused Friday's fatal confrontation. While the Police Department would not release the text messages exchanged, Berry said Eakins threatened to harm Cargill in the messages.

Eakins allegedly went to Cargill's residence and "began causing a disturbance at the front door of his apartment," which Berry said was confirmed by witnesses as well as the first 9-1-1 call made by Cargill.

"Cargill advised Eakins to leave and to stop beating on his door, then Cargill observed Eakins walk down the stairs in front of the apartment," Berry said. "Cargill unlocked the door and opened the door to see if Eakins was gone, which is when Eakins allegedly charged up the stairs and confronted Cargill in the doorway."

Berry said Cargill went back inside and warned Eakins not to come inside, saying he had a gun.

"Eakins allegedly lunged at Cargill through the open door and began to assault Cargill, causing both subjects to land on the floor," Berry said. "Cargill was still holding the weapon and was able to shoot the victim in the torso."

Cargill fired seven shots into Eakins with his Smith and Wesson .22-caliber semiautomatic pistol, Berry said.

He then called 9-1-1 a second time at 2:45 a.m. and said he shot the intruder, Berry said.

Medics transported Eakins to Conroe Regional Medical Center, where he was pronounced dead. Precinct 1 Justice of the Peace Lanny Moriarty ordered an autopsy.

Cargill had superficial injuries supporting his claim he was attacked, Berry said.

Investigators interviewed witnesses at Molly's Pub, located on North Loop 336, where the conflict allegedly started. Manager Daniel Hallock said he was shocked about the shooting. He said Eakins was a regular customer and liked by everyone.

"I've known Jordan for years," Hallock said. "He was a very laid-back, nice guy."
Hallock could not remember Cargill but said he and other employees agreed the name was familiar.

What surprised Hallock most, he said, was hearing police say the problem started at Molly's.

"Nothing happened here. There was no fight, no brawl, no altercation," he said. "As far as I know, he left here just fine and didn't seem intoxicated."

Hallock was so troubled by the news, he questioned his staff, including the bartender.

"I looked at (Eakins') tab, and he didn't drink very much," he said.

Berry said officers did not detect the odor of alcohol on Cargill or believe he was intoxicated.

Labels: altercation, TX

Nursing Home Security Guard Shoots Armed Man

A security guard shot a man in the parking lot of a St. Petersburg nursing home after the man retrieved a gun from his vehicle.

Jacob Michaels, 33, drove his girlfriend and friend to their workplace, Bons Secours Maria Manor Nursing Home, 10300 4th St. N., around 11:30 p.m. Saturday so the friend could retrieve her car. Michaels waited in the car, according to a St. Petersburg Police press release.

While he waited, he was approached by Richard Dunn, 41, the nursing home security guard. Michaels, who isn't an employee of the home, became angry and the pair argued. That's when Michaels retrieved a gun from his car and Dunn shot him, twice.

The wounds are not life threatening, according to police.

Charges haven't been filed since the shooting appears justified, the press release stated. The case is being reviewed by homicide detectives.

Labels: altercation, FL, private security

BOISE COUNTY -- David Wallace, 44, of Horseshoe Bend was acquitted Dec. 6 of manslaughter charges stemming from the August 2006 shooting death of Wesley Bennett, who also lived in Horseshoe Bend....

In what was expected to be a two-week trial, the jury took a few hours on the fourth day to return its verdict, finding Wallace not guilty of either voluntary manslaughter or involuntary manslaughter. Initially, he had been charged with second-degree murder by the county prosecutor's office.

Wallace's attorney argued that he acted in self-defense when he and Bennett got into an argument in a remote area between Gardena and Sweet....

Wallace said that he was sitting in the cabe of his truck with the window down when the two got into a verbal argument. He said that Bennett then climbed onto the running board of his (Wallace's) truck and punched him three times in the face. Wallace, who had a loaded Ruger .357 Magnum in the cab, said he feared for his life when he grabbed the gun and shot Bennett once in the chest.

Labels: altercation, ID

A Diboll man shot and killed his father early Saturday morning in what authorities say appears to be a case of self-defense, according to an Angelina County Sheriff's Office spokesman Monday.

Tad Wheeler Sr., 45, died after being shot multiple times during a dispute at a residence off Camp Road, said Lt. Pete Cooper, in a press release statement.

Wheeler's 22-year-old son, Tad Wheeler Jr., and a woman at the residence who witnessed the altercation were questioned by investigators after the shooting. A preliminary investigation has shown Tad Wheeler Jr. shot his father with a .22-caliber pistol in apparent self defense, Cooper said.

Details about the altercation are not being released as of yet, the sheriff's department spokesman said. Autopsy results are expected to be released this week.

The case is expected to be reviewed by the Angelina County District Attorney's Office and presented to a grand jury to determine whether any charges will be filed.

Labels: altercation, TX

EDEN — Murder charges have been dismissed against a man accused of killing his girlfriend's son in a domestic dispute.

The first-degree murder charge against Emmett Jasper "Bo" Kennon Jr., 42, was dismissed Nov. 21, according to court documents.

Kennon was arrested in late October and charged in the fatal shooting of 18-year-old Travis Clark of 183 Brightwood Road in Eden.

Travis Clark was the son of Kennon's girlfriend at the time, Lynette Clark.

Rockingham County District Attorney Phil Berger Jr. said Friday that the case proved to be one of self-defense rather than murder.

"We're deeply sorry for the loss that the Clark family suffered," Berger said. "It was a tragic situation."

Deputies were called to the Brightwood Road home about 11 p.m. Oct. 30 about a shooting. A sheriff's office news release described Kennon as being "irate and uncooperative." Travis Clark was found in the house with a gunshot wound.

Lynette Clark and Kennon had been arguing, sheriff's spokesman Dean Venable said in October, and Travis Clark got involved in the altercation.

Berger said information from three witnesses provided evidence that Kennon shot Travis Clark in self-defense.

Berger, citing information that witnesses gave, said Travis Clark put a gun to Kennon's head.

Labels: altercation, criminal's gun taken away and used against him, NC

The lead state police investigator in the Aug. 17 shooting death of an Allegheny County man at a Derry Township campground said Monday that evidence collected to date indicates the shooting "points to self-defense."

Trooper James Simpson of the Greensburg barracks said police are still awaiting a final autopsy report and the results of a few forensic tests. But at this point it appears the shooting of Sherman Shawn Prince, 40, of Mt. Oliver, during an argument with two other campers at the Lazy Acres Campground, near Keystone State Park, might have been justified.

"Believe me, I really do feel for the family who loses a loved one in the shooting, but right now all the evidence we've collected points in one direction (self-defense), and I'm not sure that's going to change with the tests that are still pending. But if it does, we definitely will pursue it," Simpson said.

"We can only take a case where the evidence leads us," the trooper said.

Members of Prince's family, including his father, Sherman, of Pittsburgh, and an aunt, Sharon Josefik, of Clearfield, complained recently that investigators had not responded to their inquiries about the shooting death and that the investigation has stalled. They said some details of the shooting released by police do not corroborate with what they knew about Prince, an automobile detailer, who died at the scene.

Prince's family members maintain that he did not own a gun. However, Simpson said evidence collected at the scene and through forensic tests to date indicate that he was pointing a loaded .22-caliber handgun at the face of Anthony Verdiglione of McKeesport when he was shot.

Prince was shot by a friend of Verdiglione, Dale O. Miller, 43, of McKeesport. Police have said that Miller and Verdiglione have cooperated throughout the investigation.

According to search warrants filed with the case, Verdiglione and Miller arrived at the campground about 10:30 p.m. Aug. 17. Within an hour, Prince drove to their campsite in a golf cart and began arguing, police said.

Court documents said Miller escorted Prince out of his camper to the golf cart Prince used around the campground after Prince allegedly grabbed Verdiglione's shirt during an argument. Other campers told police that they could hear Prince cursing Miller and Verdiglione as he drove back to his own campsite, where police said he retrieved a gun from his car and returned to Miller's trailer.

Police said a second confrontation occurred among the three men outside of Miller's camper where a witness said Prince pulled out a small handgun and pointed it at Veriglione's face. Verdiglione swiped at the gun in an attempt to strike it from Prince's hand, but missed, according to the search warrant.

"Miller, who had been standing behind Verdiglione, then brandished his own weapon (a .38-caliber handgun) and discharged the same, striking Prince one time in the head," Simpson wrote in the search warrant affidavit.

Prince was pronounced dead at the scene.

Prince's mother, Paulete, said yesterday she is disappointed police still believe the shooting might have been self-defense.

"It just doesn't add up. Shawn did not have a gun and the gun they found him with was stolen from McKeesport, where they are both from," Paulete Sherman said.

Labels: altercation, PA

Montgomery man shot, killed

An argument between neighbors ended with gunfire Sunday night, leaving one man dead and another with questions to answer.

The shooting occurred around 9:30 p.m. in the 4000 block of Pamela Way in Old Oak Estates, located off Texas 105 near Montgomery.

The deceased was identified as 43-year-old Dennis Clark.

Lt. Dan Norris, of the Montgomery County Sheriff's Office, said deputies arrived to find Clark was shot once in the abdomen while on a neighbor's property.

"The shooting incident occurred after Dennis Clark went to a neighbor's home, where an argument escalated from verbal to physical," Norris said. "The homeowner told investigators that Dennis Clark had been told repeatedly to leave, and when Dennis Clark came toward the homeowner in an aggressive manner, the homeowner shot Clark one time."

Clark was transported to Conroe Regional Medical Center, where he was pronounced dead.

Steve Kelley, who lives next door to the home where the shooting occurred, said he was surprised Monday morning when he heard about the shooting from his daughter-in-law, who also lives nearby.

"We didn't hear anything," Kelley said.

He and his wife, Joyce, knew of Clark, but did not know him personally.
Homes in the subdivision are scattered on large pieces of land in what Kelley says is a quiet neighborhood.

No charges have been filed against the homeowner, and the MCSO has not released his name.

More

Further links:
Authorities say man fatally shot neighbor during dispute

Labels: altercation, trespassing, TX

Labels: altercation, TX

Neighbor Shooting

Prosecutors today plan to dismiss murder and assault charges against an ex-Marine and his wife accused in the fatal shooting of a neighbor whose girlfriend sought their help at a University City condominium.

William Bennett Porter and Nicole Leanne Porter pleaded not guilty Aug. 7 in San Diego Superior Court.

William Porter was charged with murder and an allegation that he personally used a firearm in the shooting four days earlier that killed 47-year-old Larry Kermit King.

Nicole Porter was charged with assault with a semiautomatic weapon.

Deputy District Attorney Marcella McLaughlin told a judge this summer that around 2 a.m. on Aug. 3, King and his ex-girlfriend got into some sort of dispute and she went to the Porters' residence for help.

William Porter tried to arrest King, then shot him several times in the back, the prosecutor alleged.

A bullet from Nicole Porter's gun also struck the victim in the neck, McLaughlin told Superior Court Judge David Szumowski.

The prosecutor alleged that King was retreating back into his condo in the 7900 block of Avenida Navidad when he was shot.

Defense attorney Kerry Armstrong said William Porter served four years in the Marine Corps -- including three tours of duty in Iraq -- before getting out in the fall of 2006.

The defendant -- who was working as a weapons and tactics instructor in Twentynine Palms -- has no record and is a "squeaky-clean guy," the attorney said.

Armstrong said at the time that the case was a strong self-defense case.

Today, McLaughlin refused to comment further before a scheduled afternoon hearing.

Labels: altercation, CA, female

Man shoots cricket bat-wielding attacker

The Orange County Sheriff’s Office is investigating a shooting which happened around 4 p.m. on Saturday afternoon at Cypress Grove Park in Orlando.

The victim, Francis Singh, 36, is recovering at Orlando Regional Medical Center and is currently in stable condition.

Deputies say Singh and another man, identified as Devan Bascom, 37, began arguing with each other. During the argument, Singh produced a cricket bat and assaulted Bascom. Upon feeling threatened, Bascom defended himself with a small caliber semi-automatic handgun and shot Singh once in the abdomen.

No arrests have been made in the case, which has been filed with the State Attorney's Office. The investigation reveals that the shooting was in self defense.

Labels: altercation, assault, FL

… jury returns not guilty verdict in murder trial
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...

Not guilty of murder In the other trial, a jury deliberated for more than four hours before finding a Grove Hill man not guilty last Friday of the 2005 murder of a Zimco man, apparently believing defense attorneys' claims that the shooting death was in self-defense.

Nathan Chapman, then 44, shot and killed Kelvin Louis Foster, 37 in Fulton on Dec. 1, 2005. Foster was shot in the back with a .45 caliber pistol.

Chapman turned himself in at the Clarke County Jail in Grove Hill almost immediately after the shooting, claiming self-defense. Law enforcement officers charged him with murder.

The trial lasted a week in Judge Stuart DuBose's court with District Attorney Spence Walker leading the case for the prosecution and James Brandyburg and Phil Perkins defending Chapman.

Prosecutors contended that the two men had differences and that Foster busted out the windows of Chapman's vehicle sometime prior to their fatal confrontation. They contended that Chapman got a gun and ambushed Foster outside of his workplace.

The defense said that Foster pulled a gun on Chapman first and that Chapman fired back, killing him.

A loaded and cocked derringer handgun was found in Foster's vehicle.

Chapman testified in his own defense. There were no other witnesses to the shooting.

Labels: AL, altercation

Lansing man not guilty of murder in death of girlfriend

But he faces prison time after jurors convict him on gun possession charges

A 29-year-old legally blind Lansing man who said he shot his girlfriend in self-defense after she attacked him with several knives, was found not guilty of murder Wednesday.

Shamari Milton - who a doctor testified cannot see - had been charged with killing Nakiesha Brown on Jan. 21 in the parking lot of her Lansing apartment complex.

During the five-day trial, which ended Tuesday, Milton testified that Brown, 26, threw knives at him in her apartment during an argument, and then came after him in the parking lot. Milton said he fired the gun to scare her.

Milton's attorney, Andrew Abood criticized how investigators handled the crime scene.

"Potential evidence was lost that would have proven my client was innocent - where he never would have had to go through a trial," Abood said.

The jury did find Milton guilty of carrying a concealed weapon and being a felon in possession of a firearm. He faces a maximum of five years in prison on those charges.

Ingham County Prosecutor Stuart Dunnings III said it was a difficult case that came down to whether Milton committed murder by firing the second shot.

"This is why we have juries - to resolve these issues," Dunnings said, adding, "We never disputed that he fired the first shot in self-defense."

Milton, who is being held at the Ing-ham County Jail, still faces an assault with intent to commit murder charge in connection with a Jan. 7 shooting. That trial is scheduled to begin in December.

Labels: altercation, MI

Man Acquitted In 2 Shooting Deaths

Daniel Kenric Karlsons Allegedly Shot His Girlfriend, Her Brother In Self-Defense

A man charged with murdering his then-18-year-old girlfriend and her brother more than three years ago was acquitted by a jury in the shooting deaths, his attorney said Wednesday.

Daniel Kenric Karlsons, 30, was found not guilty of two counts of murder and one count each of attempted murder and assault with a deadly weapon in a verdict returned late Tuesday at the Larson Justice Center, according to defense attorney Arnold Lieman.

Jurors believed Lieman's argument that the killings were in self-defense.

Elizabeth Morales and her 25-year-old brother Roberto Morales Jr. were fatally shot in February 2004 while sitting in an Acura on Long Canyon Road east of Desert Hot Springs.

"My argument throughout the trial was self-defense," Lieman said. "Roberto Morales took a shot at my client before he got shot."

Karlsons and the siblings were in the Acura with a fourth person when he and Roberto Morales got into a dispute over Karlsons' treatment of his sister.

"Roberto was intoxicated, and I think the liquor took over causing him to act irrationally," Lieman said.

Bullet casings found in the front of the Acura and gunshot residue found on Roberto Morales' hands may have swayed the jury in favor of acquittal, Lieman said.

Karlsons was arrested outside a Calimesa motel based on a tip received by sheriff's detectives that Karlsons was in a room there.

Labels: altercation, CA

Ramey acquitted of murder charges

Shane Ramey was acquitted Tuesday afternoon in his capital murder trial for the shooting death of Charles Trent in March.

Ramey, 35, of Springfield, was found innocent on felony murder, attempted murder and aggravated murder charges.

He was found guilty of weapons under disability and faces up to five years in prison on that charge.

Ramey was accused of shooting Charles Trent, 68, and his grandson, Anthony Donte Trent, 29, both of 233 W. Grand Ave., on March 15.

Defense attorneys claimed Anthony Donte Trent had been threatening Ramey over a number of days and that Ramey acted in self defense.

Clark County Assistant Prosecutor Darnell Carter blasted the jury for the "stunning verdict."

"It amazes me that 12 people wouldn't value the life of (Charles Trent)," Carter said to the jury after the verdict was read.

John Paul Rion, Ramey's attorney, said the jury had been fair in its decision.

"No one was kept from testifiying, and the jury deliberated more than 13 hours," said Rion. "They took this seriously."

The verdict was the first acquittal on a murder charge in Clark County in more than eight years, said Carter.

Investigators alleged that an argument took place between Anthony Donte Trent and Ramey, and that Ramey opened fire on both men as they sat in a car on Liberty Street.

Anthony Donte Trent was shot in both arms and recovered. Charles Trent was hospitalized for his injuries and died April 25.

Clark County Common Pleas Judge Douglas Rastatter set Ramey's sentencing for 8:30 a.m. Friday.

Labels: altercation, OH

Jury acquits State Street shooter

Even though he shot and killed a man during a drunken fight on State Street on May 22, Daniel Kelly left the courtroom Friday night a free man, found not guilty of first-degree reckless homicide.

Public defender Dennis Burke successfully argued that on the night when 23-year-old Austin Bodahl died from a gunshot wound to his chest, Kelly, an Army and National Guard veteran, had fired in self-defense.

Kelly's father, Steve Kelly, appeared relieved but subdued as he left the court late Friday after the jury announced its verdict.

"About all I can say is it's been a tragedy for both families," he said. "The Bodahls are very nice people.

"I would hope that society would treat young men who are a little different with a little more respect," he added. "This fight should have been stopped by people long before it got to this point."

The jury's verdict came after jurors deliberated through part of the afternoon and all of the evening. After it was announced, Steve Kelly said his son was planning to leave Madison to see his grandmother in North Carolina.

The case centered around a nighttime fight on State Street that erupted after Kelly encountered three drunken young men whose lives, like Kelly's, were largely untethered. Jurors were to decide, as instructed by Dane County Circuit Judge Daniel Moeser, whether Kelly, 31, caused Bodahl's death through "criminally reckless conduct" that showed "utter disregard for human life," or whether Kelly used force likely to cause death because he reasonably believed that such force was necessary to prevent imminent death or great bodily harm to himself.

(Much More)

Man cleared in fatal shooting in Madison

A man has been acquitted in the shooting death of the son of a former Minnesota state legislator during a fight last spring.

A Dane County jury deliberated nine hours before announcing its decision in the trial of 31-year-old Daniel A. Kelly late Friday.

He was charged with first-degree reckless homicide in the fatal shooting of 23-year-old Austin Bodahl of Waconia, Minnesota in a late-night fight on May 22. Kelly was accused of taking a gun from a homemade holster under a kilt he was wearing and shooting Bodahl on Madison's State Street.

Bodahl was the son of former Minnesota state Rep. Larry Bodahl. He had moved to Madison just weeks before his death.

Kelly's attorney, assistant public defender Dennis Burke, had argued in the trial that Kelly shot Bodahl in self-defense.

But prosecutors argued Kelly did not take reasonable steps to avoid the fight with Bodahl.

Labels: altercation, WI

Jury acquits man of murder

Rodney Hamilton told a Mobile jury this week that he shot Miyako Hill five times in self-defense.

On Thursday, after two hours of deliberation, the jury acquitted Hamilton of murder.

Court officials said Friday that during the trial before Circuit Judge John Lockett, prosecutors argued it wasn't self-defense but an ambush that took the life of Hill as he sat in his Chevrolet Avalanche in the driveway of Hamilton's Cheyenne Parkway home in Prichard.

It was the city's first homicide of 2007, occurring nine hours into the new year.

Officials said that in testimony this week before Lockett, Hamilton and Hill knew each other through their patronage of a Prichard barbershop and that around mid-December last year Hamilton borrowed $300 from Hill.

The agreement, witnesses said, was that by Dec. 28 Hamilton would repay the $300, plus an unusually hefty interest -- 150.

He couldn't come up with the money on that date and asked for more time, Hamilton testified, and a day or so later paid Hill the $450, court officials said.

But Hill wasn't satisfied, Hamilton said, and informed him that since he had been late on repaying the original loan, Hamilton now owed Hill another $450.

Hill then began a campaign of threats and intimidation, Hamilton testified, along with showing up at his house in the middle of the night.

Court officials said Hamilton and some of his family members, including children, testified that Hill returned around 9 a.m. on Monday, Jan. 1.

Hamilton's 10-year-old daughter testified she was awakened that morning by a man carrying a gun and banging on her bedroom window.

She told her father, and Hamilton confronted Hill outside, according to testimony. Officials said that according to Hamilton, Hill got back into his vehicle but refused to leave the defendant's property, then began smoking a marijuana cigarette.

Hamilton, 33, said at that point he believed Hill, 28, was going for a gun, and Hamilton shot him with a .38-caliber revolver.

(More)

Labels: AL, altercation

Man pulls gun on would-be robber

A would-be robbery victim turned the table on a robber in a case under investigation by Fargo police.

A gas delivery driver reported to police that he was confronted early Saturday morning by a man holding a knife when he was at a south Fargo convenience store.

The man with the knife, described as standing about 6 feet tall and weighing about 200 pounds, told the driver to empty his pockets.

The driver reached toward his jacket pocket and said, “You brought a knife to a gunfight,” according to the report given to police.

At that point, the would-be robber fled quickly on foot, Lt. Pat Claus of the Fargo Police Department said. The man was described as having short hair, dark and curly, and was wearing a dark hooded sweatshirt, according to the incident report.

Labels: altercation, ND

TACOMA, Wash. -- Pierce County prosecutors have declined to file charges against a 21-year-old man who fatally shot another man at a Puyallup gas station.

The prosecutors say the shooter was justified when he shot 23-year-old Nicholas Cruz, of Eatonville, on October 7 at a Shell station.

The shooter told investigators he was sitting in his car at the gas station when Cruz approached and punched him several times, reportedly after breaking the driver's side window.

Police say the driver has a valid concealed weapons permit. They say he pulled out his .357-caliber handgun and shot Cruz twice.

Police say the men apparently were involved in an altercation of some sort before the shooting.

Labels: altercation, WA

Conover man won't be charged in killing

A Conover man who shot and killed another man during an argument earlier this month won't be charged by the District Attorney's Office, authorities said.

Officials decided not to charge John Kenneth Hedrick, 73, in the Oct. 6 shooting death of 36-year-old Raymond Weathers because it appeared that Hedrick fired in self-defense, authorities said.

"There was not enough evidence to prosecute this as a crime," said Capt. Roy Brown of the Catawba County Sheriff's Office.

The men had starting arguing, likely over a female they both knew, in front Weather's Newton home, Brown said, and Weathers began hitting and kicking Hedrick.

Brown said the men were fighting on the ground, with Weathers sitting over Hedrick, and Hedrick was able to reach into his van and grab a gun off the floorboard.

Weathers was shot at least two times -- in the neck and shoulder -- with a revolver, and Hedrick had "visible injuries" to his upper body and head when the men were found in Weather's yard, Brown said.

Labels: altercation, NC

Jurors in Minot acquit man charged in shooting

A Minot man accused of shooting another man has been found not guilty of aggravated assault.

A jury deliberated about three hours before returning the verdict today.

Sixty-five-year-old Robert Hurt was accused of shooting 37-year-old Michael Moran three times early on the morning of December 16th. Moran is now paralyzed below the torso.

Hurt said he shot Moran in self-defense.

Jury Acquits Man in Shooting

A Ward County jury has acquitted a Minot man who shot and paralyzed another man from the waist down.

The jury deliberated for about three hours on aggravated assault charges.

Robert Hurt, 65, shot Michael Moran, 37, three times after an early morning argument outside Hurt`s home in December.

Hurt`s attorney argued that the shooting was done in self defense and that his client feared for his life and was trying to protect his two sons.

Prosecutors says Hurt had plenty of time to call police before shooting Moran.

Labels: altercation, ND

No charges filed in homicide

Does the Castle Doctrine play a role?

A deadly shooting in the 6800 block of Cleon on Sunday afternoon has many of you asking questions.

According to police, Calvin Farmer was shot and killed after confronting a homeowner on that homeowner’s property.

As of right now, no charges have been filed in the case.

Does the new Castle Doctrine have something to do with that?

The Castle Doctrine was passed September 1st, and gives Texans broader powers in defending themselves with deadly force.

“The only change is that then it was written in the law that if you could, you should retreat,” said Lt. Gary Trupe with the Amarillo Special Crime’s Unit. “Now it says there is no obligation for you to retreat.”

Will this case be affected by that law?

Trupe said the homeowner might have had some reason to use self-defense.

“The person may have had some reason in which to use deadly force,” said Trupe. “This was his property. Mr. Farmer came to his property. There was a physical altercation between the two where blows were struck.”

ProNews 7 spoke with a local attorney who tells us the Castle Doctrine may open up a can of worms for Texans.

“By changing around some sentences in the law, they’re going to make this a lot easier for people to kill other people as long as they are defending their home allegedly, or their car allegedly,” said Jeff Blackburn.

He says that because of the new law, these kinds of cases will change drastically in the near future.

“I think this is probably going to foreshadow a lot of what we’ll see in the future in these kinds of cases where you’ve got a homeowner that’s on his property and he plugs somebody,” said Blackburn. “His chances of getting indicted are probably a lot thinner than they used to be.”

So what’s the next step in the case?

“We could file charges against the person who did the shooting, however, if the information remains as it is now we could be presenting this to the Randall County district attorney as an original matter to be looked at by the grand jury to see if they feel that the person was justified in why he did the shooting,” said Trupe.

Labels: altercation, TX

Cape Cod man acquitted of murder charge

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

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

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

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

Harrington claimed self defense.

His lawyer told the jury that Carbone had threatened Harrington.

Labels: altercation, MA

Neighbors' dispute ends in death

Three woman stood Wednesday alongside a narrow road praying the rosary in Spanish, their eyes fixed on the large blood stain on the asphalt.

When they were finished, they splashed holy water from a gallon plastic jug onto the spots that had trickled down the street. The death the night before of Hermilo Talamante, 34, marked the second fatal shooting in rural Val Verde in less than a week.

"It's sad, it's so sad," Prescilla de la Rosa said in Spanish, her granddaughter Jessica Garibay serving as interpreter. Talamante was the boyfriend of Garibay's mother.

Talamante and Clarence Pullum were neighbors on Arlington Street, and had been involved in a long-running dispute regarding family members, Sgt. Martin Rodriguez said.

The shooting happened about 8 p.m. Tuesday after the two were involved in a fistfight, and both went home to retrieve handguns.

Talamante was shot in the lower torso and pronounced dead a short time later at Henry Mayo Newhall Memorial Hospital.

Pullum, 38, was interviewed and released, and the case initially was deemed to be self-defense.

However, it is still under investigation and will be reviewed by the District Attorney's Office,

Labels: altercation, CA

Prosecutor drops murder charge against Brown

The Robeson County district attorney has dismissed a murder charge against a Rowland man.

District Attorney Johnson Britt said the first-degree murder charge against Jaralyn Edmond Brown Jr. was dismissed Sept. 18 before a probable cause hearing in Robeson County District Court.

“Based on the information provided to us, it was a self-defense case,” Britt said.

Brown was accused of shooting James McDougal, 26, who was found deadat Mill and Hickory streets in Rowland on April 2.

Investigators said McDougal and Brown had fought.

Residents who saw the altercation and members of McDougal’s family said McDougal had stepped in to help a relative who was fighting with Brown.

Britt said statements provided by Brown and a witness indicated McDougal initiated the fight. The men said McDougal hit Brown in the face with what appeared to be a handgun, Britt said. McDougal shot at Brown, and Brown returned fire.

“We had no other witnesses who would come forward regarding what specifically happened,” Britt said.

Regina McDougal, James McDougal’s mother, said the District Attorney’s Office only received information regarding Brown’s side of the story. She said she provided investigators with names of possible witnesses.

No one talked to anyone on the victim’s side. No one ever called me or asked me anything from Day One,” Regina McDougal said. “The only call I got from the chief of police was the day of my son’s death, and that was to get the correct spelling of my name. I feel my rights were violated as well as my son. My son would not have been in the fight if the police had done their job. They are taking his word. What about James? It needs to be taken to court to prove that it was self-defense.”

Labels: altercation, NC

Freed in murder case, man faces new charges

Ronald Oats Jr. will not face a murder rap, but he is not off the hook yet.

Prosecutors dropped a murder charge against the 20-year-old man on Monday morning, but Oats was arrested minutes later in court on gun and drug charges.

Assistant State Attorney Brian Iten decided that Oats acted in self-defense when he shot a man during a drug deal turned sour.

In June, a man invited Oats and his friend to a home on 51st Avenue to sell a large amount of marijuana, Iten said. During a scuffle, someone tried to rob Oats and he grabbed a pistol and killed Jeremiah Matteson, 28, according to a State Attorney's Office report.

"It was exactly a case of self-defense," said Mark Lipinski, Oats' attorney.

After filing a motion to drop the murder count, Iten quickly had Oats arrested on gun and marijuana charges.

Bailiffs arrested him in the courtroom, and a judge ordered Oats to be released on his own recognizance because prosecutors did not have enough evidence to prove he was a flight risk. A trial date has not been set.

Labels: altercation, FL

Tulsan acquitted in brother's shooting death

A Tulsan who claimed he was acting in self defense when he shot his younger brother to death has been acquitted of a murder charge.

Jurors deliberated for seven hours yesterday before finding 27-year-old Benjamin Smith not guilty in the March 2006 shooting death of 22-year-old Samsun Smith.

Defense attorney Allen Smallwood successfully argued that Benjamin Smith acted in self-defense when he shot his brother in the chest during an altercation.

The altercation, which took place at a family residence in west Tulsa, escalated when Benjamin Smith aimed a rifle at Samsun Smith. Immediately before he was shot, Samsun Smith threw a pillow at his brother and took a step backward.

Labels: altercation, OK

Sprinfield [sic] man shot by motel owner

A Springfield man was in serious condition Wednesday morning after a Tuesday afternoon shooting at a motel near 12th and Ma