11/4/09
Hudson, Florida
From the October 28, 2009 St. Petersburg Times:
NEW PORT RICHEY — Under Florida's "stand your ground" law, a jury this week acquitted a Hudson man who shot his neighbor.
Anthony Boglino of 18252 Thomas Blvd. was charged with aggravated battery with a deadly weapon and faced 25 years to life in prison if convicted, said his defense attorney, Chris Frey.
Authorities said Boglino, 64, fired one shot at his neighbor, Haigh Frank Kopoain, late on May 13, 2008. Both men were in the yard of another neighbor when they got into an argument.
Boglino testified that he felt threatened when Kopoain, then 36, became angry, charged at him and yelled at him to leave the property, Frey said. Boglino has arthritis in his hands and couldn't defend himself.
Boglino pulled a 22-caliber revolver from his pocket to protect himself, Frey said. When Kopoain charged again, Boglino fired at his abdomen.
Labels: altercation, FL
Boston, Massachusetts
From the October 27, 2009 Boston Globe:
A patient in a psychiatric center near the Massachusetts General Hospital stabbed his doctor this afternoon before being shot dead by an off-duty security guard, police said.
The physician is in stable condition, Police Commissioner Edward F. Davis said at a press conference this afternoon as he described a chaotic scene.
A relative said the victim was Dr. Astrid Desrosiers, a Massachusetts General Hospital psychiatrist who worked at the center. Isabellie Desrosiers, Desrosiers' sister-in-law, said she had been told by Desrosiers' sister that Astrid had been shot. Police identified the patient late this afternoon as 37-year-old Jay Carciero of Reading.
The actions of the security guard, who does not work at the hospital, were hailed as "heroic" by Bonnie Michelman, head of security for Massachusetts General Hospital.
Labels: altercation, MA, mental illness, private security
New Orleans, Louisiana
From the October 23, 2009 New Orleans Times-Picayune:
An Orleans Parish jury unanimously freed a man accused of murder after he told them that the shooting victim and his friends had infested an Algiers neighborhood with drug-dealing.The defendant, meanwhile, is serving time for selling drugs.
Marcus Henry, 29, admitted killing Aubrey Powell, 31, in a shootout the night of Oct. 27, 2007, in the 800 block of Vallette Street. But it was in self-defense, he testified at Criminal District Court.
The jury deliberated for about 3 1/2 hours Thursday before freeing Henry from the second-degree murder charge, which would carry mandatory life in prison upon conviction.
Henry, however, remains in jail, serving a 30-month sentence for dealing crack cocaine. He told the jury that he is trying to rebuild his life and at the time of the shooting was working three jobs.
Police arrested Henry minutes after the killing, after spotting a car barreling down Opelousas Street -- and then watching someone toss a handgun from the car.
The gun was the only weapon entered into evidence at the trial, although jurors heard that multiple shots were fired that night from more than one weapon.
Prosecutors presented two eyewitnesses who identified Henry as the killer, including one man who testified in his prison jumpsuit since he is in federal custody as a result of a drug-dealing charge.
Defense attorney Martin Regan argued that the homicide was a case of two drug dealers getting involved in a fight, and one drew his gun faster -- his client.
Labels: altercation, LA
10/14/09
Harkers Island, South Carolina
From the October 9, 2009 South Carolina News-Times:
BEAUFORT — No charges will be filed against the Harkers Island man who fatally shot his son in his home recently.
The County Sheriff’s Department said Thursday that District Attorney Scott Thomas would not file charges against Cleveland Hackworth, 67, who shot and killed his son, Blake Hackworth, 45, in an incident at the family residence on Harkers Island on Sept. 27.
Mr. Thomas was unable to be reached for comment by presstime.
According to Capt. Jason Wank, based upon the facts and the law, Mr. Thomas reviewed the sheriff’s department’s case and concluded the incident was a justifiable homicide and that no criminal charges will be filed against Cleveland Hackworth.
The incident occurred following a day of aggressive behavior by the son that included attempted assault on his mother and his threatening to kill her.
“Family members said Mr. Hackworth had been exhibiting combative behavior for most of the day when the shooting took place,” Chief Deputy Ken Raper said at the time of the incident.
Police reports stated Blake Hackworth died Sept. 27 from the head wound he sustained after his father shot him as the junior Hackworth attempted to attack both his father and his mother, Peggy Hackworth.
Labels: altercation, domestic dispute, SC
Louisville, Kentucky
From October 9, 2009 WLKY:
LOUISVILLE, Ky. -- A Louisville man was shot and killed overnight. Police said the shooter may have pulled the trigger in self defense.
Alexander Harris, 24, was found shot to death in the front yard of a home on Sunset Avenue just after 1 a.m. Friday, but police aren't saying why he came to the home and just what prompted his acquaintance to fire the deadly shots.
Police said Harris came to the front porch and got into an argument with one of the four people inside."Shots were fired at that time," said Lt. Barry Wilkerson of Metro Police. "Some rounds entered the home and the others struck the victim, fatally wounding him."
Police said Harris came to the house with a gun but they won't say if he actually fired the weapon. The shooter and the victim were acquaintances and neither actually lived at the residence.
Detectives said they didn't take the shooter into custody because they didn't feel they had enough probable cause to make an arrest.
"We will further take the information we have and further testing of the evidence to the commonwealth attorney's office and have them make a determination on whether charges should be placed or not," Wilkerson said.
Labels: altercation, KY
10/7/09
Gainesville, Georgia
From the October 2, 2009 Gainesville Times:
Carlos Moz never denied he shot a man in the head, but he claimed it was to defend himself and his brother.
On Thursday, a jury agreed, finding Moz, 34, not guilty of aggravated assault.
The Hall County Superior Court jury deliberated for less than an hour before acquitting Moz of the felony charge, which carried a sentencing range of one to 20 years.
The man Moz shot, 21-year-old Nathan Tony Monson, was released from a hospital just days after sustaining a bullet wound in front of his left ear. He survived the shooting with some hearing loss but no other permanent injuries, according to Brett Willis, the assistant circuit defender who successfully defended Moz.
Willis said his client fired the shot from a legally owned 9 mm handgun on the night of Oct. 1, 2006, after his client’s older brother was severely beaten by an unruly mob of at least six
teenagers in front of California Records, a store next to the Kangaroo convenience store on Park Hill Drive.The beating victim, Juan Moz, was injured by large chunks of asphalt hurled at him by "a group of ne’er-do-wells harassing a couple of guys who were just walking," Willis said.
The Moz brothers were walking home from a baby shower they attended at the Glen Cove apartments when they were attacked, Willis said.
The prosecution sought to show Juan Moz was confronted after he made advances on a young girl at the apartment complex, but Moz denied that allegation.
While down on the ground, Juan Moz was kicked in the face by a teenage girl who was charged and later prosecuted in juvenile court, Willis said.
During the beating, Carlos Moz, a legal permanent resident who lived across the street at the Versaille apartments, retrieved his gun, Willis said.
When he returned to the front of the store, Monson made a threatening motion toward Carlos Moz and made the statement that he was "looking for who was next," according to Willis. Monson was then shot.
Shortly afterward, police were called to the Moz apartment regarding the beating of Juan Moz. When they arrived, Carlos Moz told police he fired the shot and showed them where the gun was.
Labels: altercation, GA
10/3/09
Glendale, Oregon
From KTVZ of September 28, 2009
Oregon man, 93, pointed gun before he was shot
The Douglas County Sheriff's Office says the shooting death of a 93-year-old man in southwest Oregon appears to have been in self-defense.
Spokeswoman Andrea Zielinski said detectives learned Clarence Hartley had been pointing a gun before he was shot by 75-year-old Clement Dewart on Friday. She says Hartley was a relative of the Dewart family and lived on their property in Glendale.
Zielinski says the investigation remains active. When it's finished, the results will be forwarded to a grand jury for a review of any possible criminal charges.
Labels: altercation, OR, senior
9/3/09
Tampa, Florida
From the September 2, 2009 St. Petersburg Times:
TAMPA — Charles Podany wanted to protect his neighborhood from speeders.
On Feb. 29, 2008, he bicycled through Thonotosassa's Bay Hills Circle community and asked a fast-driving man in a pickup truck to slow down.
The encounter turned deadly after the driver's drunken friend began beating Podany, 49. As Casey Landes, 24, landed on top of Podany and readied his fist to strike again, Podany shot him in the head with a .40-caliber Glock.
Hillsborough Circuit Judge Robert Foster agreed Tuesday to toss out Podany's manslaughter charge after his attorneys argued Podany fired in self-defense under Florida's "stand-your-ground" law and deserved immunity from prosecution. The law allows people to meet force with force when they feel threatened.
Defense attorney Stephen Romine said Podany's case met the stand-your-ground test: Podany wasn't engaged in unlawful activity; he had a right to be there; and if he hadn't acted, he may have been seriously injured or killed.
Foster heard testimony on the defense motion two weeks ago, including from Evin Aguayo, the pickup driver and Landes' best friend.
Aguayo, 21, told investigators that Landes was the aggressor in the confrontation and that Podany never hit back.
"You never saw (Mr. Podany) take a swing at him?" a sheriff's detective asked Aguayo.
"Never," Aguayo responded, adding, "Not one time. Not one single swing."
Romine included those excerpts of Aguayo's statements to detectives in his motion to dismiss.
Before the deadly altercation, Aguayo said Podany approached him about speeding through the neighborhood.
"I said, 'Well, I'm sorry sir. We won't do it again. Forgive me,' " Aguayo told detectives.
As Podany peddled away on his bike, Landes appeared and began yelling at him. Aguayo said he tried to stop his friend. "Man forget about it," he told him.
"It wasn't even a fight, it was one-sided," Aguayo said.
Podany is 5 feet 8 and weighs 180 pounds. Landes was 6 feet 1 and weighed 192 pounds.
"He's outsized, outmuscled," Romine said. "It's not going to be a fair fight in any capacity and the guy is just relentless trying to beat him."
Aguayo told deputies his friend thought it was "cool to beat up an old man."
Labels: altercation, FL
Independence, Missouri
From August 31, 2009 Fox News channel 4 (Kansas City):
INDEPENDENCE, MO. - Did an Independence man go too far in shooting a suspected shoplifter? The store manager of a Sun Fresh grocery store in Independence was trying to stop a suspected female shoplifter when a bystander intervened and shot her.UPDATE: From September 2, 2009 KMBC channel 9:
You won't hear Bill Miller apologizing. The 37-year-old is on crutches because of a broken foot, but he still sprang to action when he saw the store manager at Sun Fresh chase a female shoplifter into the parking lot.
"The customer service girl coming out screaming, 'Help, help, my manager's on the hood,'" Miller said.
Armed with a 9 millimeter and a conceal carry permit, Miller left his crutches behind and hopped on one foot toward the suspected shoplifter's car.
"I had it pointed downward on her, I told her stop, she looked at me smiled, turned the wheel at me, acted like she was going to run me over," MIller said. "I fired one round, I thought she was going to kill me and the manager."
Miller hit the suspect in the arm and fired another round at her tire.
"Well I don't think he should've shot her, but I agree it's a good idea to try and stop her," customer George Fleming said.
"I don't know, I still think that's vigilante, I just don't go for it," customer Vicki Sims said. "I think it's a little too vigilante."
"No it's not, these criminals got to be stopped," Miller said.
"He was legal to carry it, he was protecting somebody's life or livelihood and he did the right thing," customer Leslie Reid said.
Miller said that police said they would not charge him and that what he did was justifiable.
INDEPENDENCE, Mo. -- The man who shot a suspected shoplifter in Independence won't face any charges, prosecutors said Wednesday.
...
With the car turned on, police said Carroll lunged the vehicle forward, striking the manager on the legs, leaving her clinging to the hood of the car.
William Miller was in the parking lot and saw it happen. He used his truck to block an exit and pulled out his handgun, repeatedly telling the driver to stop and get out, police said.
Police said Miller feared for his life and for the manager, and he fired a shot into the driver-side window. It hit Carroll in the shoulder and neck.
Labels: altercation, concealed carry permit, MO
Springfield, Florida
From the August 25, 2009 Jacksonville Florida Times-Union:
The man fatally shot by a Springfield bartender this morning was threatening people inside with a nailer that closely resembled a firearm, police said this afternoon.
Police said John L. Lee, 20, walked into the Shantytown Pub shortly before 12:30 a.m. wearing black clothing and waving what appeared to be a firearm at a bartender and patrons. The unidentified bartender, who police also said was the manager, thought the bar was being robbed, pulled out a handgun and shot Lee repeatedly.
Lee, of the 1400 block of Cleveland Street, was taken to Shands Jacksonville hospital and pronounced dead. Investigators later determined Lee was carrying a .22-caliber shot tool/nail driver "which clearly resembles a firearm," a Sheriff's Office news release said.
Neither the bartender nor a handful of patrons at the bar at 22 W. Sixth St. were injured. No charges have been filed against the bartender, who has been identified by a co-worker and patrons as Tex. Ian Ranne, co-owner of the bar, declined to comment.
Assistant State Attorney Jeff Moody said Lee came into the bar carrying what appeared to be a firearm, "which caused the employee of the bar to fear for his life and the lives of the patrons." Moody said investigators continue to review evidence to determine whether the shooting was justified.
Court records show that Lee pleaded guilty to dealing in stolen property last month and was sentenced to 12 months of probation. He also was convicted of trespassing earlier this year and received nine months of probation in a domestic battery case in 2008.
Labels: altercation, FL
9/2/09
Olympia, Washington
From the News Tribune of September 1, 2009
Fatal shooting at campsite was self-defense, police say
An Olympia man who was killed Saturday near his campsite at Wynoochee Lake was apparently shot by another camper in self-defense, the Grays Harbor County Sheriff’s Department said Monday.
The deceased man was identified as Westin Wolff, 25, of Olympia, said Rick Scott, Grays Harbor undersheriff. But Scott did not release the name of the alleged shooter.
“It appears at this juncture that the shooting itself was a legitimate act of self-defense,” Scott said.
Police said the shooting occurred after an argument about 1:30 a.m. Saturday near the shore of Wynoochee Lake, which is in Olympic National Forest northeast of Aberdeen. The conflict involved two different groups of campers, police said. Wolff was one of a party of three young men, and the other party was a family, Scott said.
He said the shooting did not occur at a formal campground; rather, it was a group of informal campsites along the lake near a boat launch off Forest Service Road 23. At least one other party – which wasn’t involved – was also in the area.
He said the parties involved did not know each other but gave no further details.
He declined to release any of the circumstances that led to the shooting, saying the investigation is ongoing. He said he hoped to complete the investigation this week, and then the case will be turned over to the Grays Harbor County prosecutor.
Ultimately, the prosecutor’s office will decide whether to prosecute the case.
“We’re keeping a lot of the specifics confidential,” Scott said.
Labels: altercation, WA
8/13/09
Billings, Montana
From the Billings Gazette of August 11, 2009
‘Castle doctrine’ law forces shooter’s release, prosecutor says
A man who police said shot his Wal-Mart co-worker in a dispute over the length of a work break has been released from custody because his actions may be protected by Montana's recently enacted "castle doctrine" law.
The shooting, which took place Monday evening, is under investigation by the Billings Police Department and could still result in charges. But Yellowstone County Attorney Dennis Paxinos said language in the "castle doctrine" bill passed during the last session of the Montana Legislature required him to release the shooter until more information becomes available.
The law asserts, among other things, that a person has a "natural right" to use firearms for self-defense and is not required to summon law enforcement assistance before using "justifiable" force to ward off an attack.
"The play of (House Bill) 228 with the current law causes us some pause to do a much more thorough investigation to determine if we can charge anyone," Paxinos said.
When police arrived at the Wal-Mart on King Avenue West at about 9:15 p.m. Monday, they found Daniel Lira, 32, inside the store's loading dock area with a gunshot wound.
Billings Police Sgt. Jay Berry said that Lira hit co-worker Craig Schmidt, 49, in the face. Schmidt fell backward, then pulled out a .25-caliber semiautomatic Beretta handgun and shot Lira, police said. The single shot was fired at a range of 10 to 15 feet.
Lira, 32, was taken to St. Vincent Healthcare and later released. Police Sgt. Kevin Iffland said the bullet grazed the side of his head from front to back.
Paxinos said that prior to passage of House Bill 228 authorities would have had probable cause to arrest Schmidt for assault with a weapon.
Now, he said, they need more details about whether there was a history of aggression between the two men, what they may have said to each other when the incident occurred and other information that will shape whether it was reasonable for Schmidt to believe his life was threatened. Other details such as the size of the two men - Schmidt weighs 150 pounds and Lira weighs 300 pounds - could also affect whether a self-defense claim is reasonable, Paxinos said.
"I'll have to do the investigation while the guy is free to move around," said Paxinos, who along with other county attorneys opposed House Bill 228 during the legislative session.
The "castle doctrine" bill, which was sponsored by Republican Rep. Krayton Kerns of Laurel and supported by the National Rifle Association, sparked passionate debate about self-defense rights before passing the Legislature.
"Once somebody punches you, and you're down and incapacitated, that person has already demonstrated an intent for violence and you can't tactically assume that they're only going to hit you once," said Gary Marbut of the Montana Shooting Sports Association, who crafted the bill.
But those opposing the "castle doctrine" legislation argued that existing law already protects those acting in self-defense, and that the new code would only create unnecessary burdens for prosecutors and police officers.
"There's just such a disconnect between words on paper and what happens on the streets of Montana, and I think legislators had to be more sensitive to what's happening on the street," said Jim Smith, spokesman for the Montana County Attorneys Association.
Aside from potential legal charges, it was unclear if Schmidt or Lira will face disciplinary action from Wal-Mart. Schmidt has a permit to carry the concealed weapon, but a spokesman for the company said it would be inappropriate to discuss whether Wal-Mart has a policy about employees carrying guns.
"We are still gathering details at this time, and we're now most concerned about the well-being of the people involved," Kelly Cheeseman said.
Labels: altercation, assault, MT
7/15/09
Gary, Illinois
From the Post-Tribune of July 14, 2009
Man shot with his own gun in serious condition
A shooting Friday morning in the 1500 block of Clark Road resulted from a struggle by a man who brought a gun with him and was shot with it during the fight, Cpl. Gabrielle King said.
Ronnerial Luckett, 46, was shot in the forehead as he and Donnell Currin Jr. both fought to control Luckett's handgun. The weapon discharged during the confrontation and Luckett was wounded.
Luckett was in serious condition after the shooting and an updated condition was not available Monday.
Detective Cpl. Michael Barnes is investigating the shooting, which police believe will be ruled as self defense, King said.
Labels: altercation, criminal's gun taken away and used against him, IL
7/12/09
Kansas City, Missouri
From the Kansas City Star of July 12, 2009
Armed struggle ends with man shot in Northland
A man was shot in Kansas City, North, shortly after 10 p.m. Saturday after he had come, armed with a handgun, to the home of another man.
Police said the two had an ongoing disagreement and that the man they identified as a suspect went into the other man's home in the 1000 block of Northwest 63rd Street brandishing a handgun.
The two struggled over the intruder's gun, and the resident pulled out his own gun and shot the other man
Labels: altercation, MO
7/7/09
Clark County, Kentucky
From WKYT of July 26, 2009
Lexington doctor killed in shooting
Police are investigating a deadly shooting over the weekend, involving a well known doctor in Lexington.
27NEWSFIRST has learned Rodney Mann was shot and killed Sunday outside a home on Four Mile Road in Clark County. We're learning more information into what may have brought Dr. Mann to that home in Clark County.
The doctor, himself, recently contacted 27NEWSFIRST about an issue that sources now say may have led to the shooting.
About a month ago, Dr. Mann contacted NEWSFIRST about an incident he had in the parking lot of Sam's Club in which he says a man keyed his car after an altercation. The damage was said to have cost Dr. Mann $1,100 worth of damage to his Acura.
Police say Dr. Mann then went to the man's home in Clark County and began to slash the tires to his car. The homeowner caught Mann slashing the tires on his truck and came out to confront him.
Police say Mann had two guns and a knife on him and say during the fight the owner was able to get one gun away from him and shoot him.
At Mann's doctor office, Thoroughbred Allergy and Asthma off Richmond Road, a note says all appointments on Monday have been canceled.
The doctor has been featured in a number of stories here on 27NEWSFIRST and was just a guest on our afternoon show three weeks ago.
Police have not charged the man who pulled the trigger. They're investigating if the shooting was in self defense.
Mann grew up in Corbin and graduated from UK and the University of Louisville Medical School.
Dr. Mann served patients at both of his offices in Lexington and in Corbin.
Labels: altercation, criminal's gun taken away and used against him, KY, trespassing, vandalism
6/21/09
Columbus, Ohio
From WBNS of June 19, 2009
Man Shoots Pit Bull Attacking Teen
A man shot a pit bull in the leg Thursday evening to stop the dog from attacking a teenager.
Police said the dog tore part of the 15-year-old boy's ear and bit his arm and leg, 10TV's Kevin Landers reported.
According to police, the attack was the culmination of an argument among neighbors on Diane Place on the south side. The argument escalated into a fight involving the boy and others on the street.
A witness told detectives they heard the owner of the dog say "sic 'em" before releasing the animal to attack the boy.
"During the fight, the male released the dog and it bit one of the people they were fighting," Sgt. Thomas Nance told 10TV News. "Another man approached and shot the dog as it was attacking the 15-year-old."
The boy was taken to Nationwide Children's Hospital. His condition was not known Thursday night.
Police were still investigating the cause of the argument.
The dog was taken into custody by animal control officers.
Labels: altercation, animal, OH
6/10/09
Covelo, California
From the Press-Democrat of June 8, 2009
No arrest expected in weekend shootout near Covelo
A man injured during a shootout near Covelo is not a homicide suspect as Mendocino sheriff’s detectives say he apparently was acting in self defense when he shot and killed another man.
“He didn’t draw first,” said Mendocino County sheriff’s Lt. Rusty Noe Monday.
Round Valley resident Jason McLean, 22, died in the gunfire exchange early Saturday during a party in the woods.
Andrew Card, 23, was shot once, according to sheriff’s officials.
The two apparently have a long-standing feud, involving Card stabbing McLean two years ago at a Labor Day rodeo. Card served time in county jail for the stabbing.
Early Saturday, as a party in the woods was winding down, McLean reportedly got a high-powered rifle from his car and fired at Card.
Card pulled out a handgun and began firing back. The two men, standing about five feet apart, fired several times at each other.
McLean was hit at least four times and died.
Card was flown to UC Davis Medical Center in Sacramento for surgery. He was not at that hospital Sunday, said a hospital spokesman. Noe said he may have been transported closer to home.
Noe said Card’s status wasn’t known by detectives as the man wasn’t a suspect.
“It’s still under investigation but he was not arrested. We’re going to complete the investigation and submit if for the DA’s decision,” Noe said.
Labels: altercation, CA
5/14/09
Columbia, Missouri
From the April 30, 2009 Missourian:
COLUMBIA — A woman whose house was being burglarized is believed to have shot one of the three men caught in her home early Thursday.
The woman arrived at her home in northeast Columbia and found that her back door had been kicked open, according to a release from the Columbia Police Department. Inside, she found three men robbing her house.
She left the house, and the men followed her. She told police that one of the men had a handgun and pointed it at her. She fired one round at the men, the release stated.
Investigators collected evidence that led them to believe that one suspect was shot. Though local hospitals were notified, there were no suspects at the time of the news release.
Labels: altercation, MO, residence burglary
5/7/09
Anchorage, Alaska
From the May 7, 2009 Anchorage Daily News:
A report of a man pointing a gun at some teenagers on bikes at the Sears mall spurred an extensive police response and prompted school district officials to lock the doors at Fairview Elementary School Thursday afternoon.But it turned out the young adults had in fact been harassing the man and that he pulled a weapon from his vehicle for protection, police Lt. Dave Parker said.
The two parties split after the incident at about 1:45 p.m., but witnesses followed the man with the gun north on the Seward Highway to 13th Avenue and Gambell Street, where police with guns drawn stopped the man and a passenger.
Seeing that activity, the principal of the Fairview school locked the doors, school district spokeswoman Heidi Embley said. It was the only school to take any action and reopened a short time later, she said.
After questioning the suspect and other witnesses -- the youths could not be located -- police determined the unnamed man had acted within his rights because he had not pointed the weapon at anyone and had not brandished it in a menacing manner, Parker said.
Labels: AK, altercation
3/24/09
Mt. Auburn, Ohio
From WCPO of March 24, 2009
Would-Be Robber Ends Up As Shooting Victim
A would-be thief ended up in the hospital with a gunshot wound after a failed robbery attempt in Mt. Auburn overnight.
Police say the would-be robber, 20-year-old Anthony Walker of Corryville, approached two men at a home in the 120 block of Malvern Place and threatened them with a gun.
One of the men, who has a permit to carry a concealed weapon, reportedly shot Walker during the altercation.
Both of the intended victims then drove to the Cincinnati Police District One station and reported the incident.
Rescue crews transported Walker to University Hospital for treatment of a gunshot wound to the chest. He is now facing charges of aggravated robbery.
Labels: altercation, concealed carry permit, OH
2/8/09
Dallas, Texas
From MyFoxDFW of February 7, 2009
Homeowner, Suspect Both Hurt after Burglary
A Bristol homeowner was hurt Sunday after he rolled up on a burglary in progress. But he was able to shoot and stop one suspect before he got away.
According to the Ellis County Sheriff's Office, the homeowner and his family returned home at around 11:30 a.m. They noticed two men about the take off in an SUV with some of their belongings.
The suspects tried to drive off, slamming into the homeowner's truck and hurting both him and is young children. The man told deputies he them pulled out his small-caliber rifle and fired shots at the SUV.
One of the suspects was hit three times and is now in critical condition at a local hospital. The second suspect fled on foot.
Ellis County sheriff's deputies are still searching for the second suspect. Residents are urged to call 911 if they notice someone suspicious.
Labels: altercation, residence burglary, TX
1/24/09
Houston, Texas
From the January 20, 2009 Houston Chronicle:
A woman accused of shooting a man with a bow and arrow at her father's workplace before being shot by two civilians and a Houston police officer has been charged with aggravated assault with a deadly weapon.
Julie Parker, 33, was listed in fair condition at Ben Taub General Hospital today with several gunshot wounds suffered in the Monday afternoon incident.
Police and witnesses said that Parker shot Armando Silva in the chest with a hunting bow and arrow after she entered the offices of Texas Components Corp. in northwest Houston.
Silva, 49, was reported in good condition at Ben Taub today.
Police are still trying to determine the motive for the incident. Officers said the violence erupted after Parker came into the office in the 1600 block of West Sam Houston Parkway with a hunting bow and arrows and what appeared to be a handgun about 3 p.m. Monday.
Her father works there and was in the building at the time, police said, but it was not clear whether she was looking for him.
After walking into the company's micro-electronics division, Parker shot Silva with an arrow and then pointed the apparent gun at two other employees, police said.
Those employees, who are licensed to carry concealed handguns, fired "numerous" shots at Parker, hitting her several times, investigators said.
Parker dropped her pistol, which later was found not to be a real gun, and retreated to an office with the bow and arrow, officers said. Workers at nearby businesses took cover and called police.
Labels: altercation, concealed carry permit, TX
12/27/08
Gainesville, Missouri
From December 8, 2008 Springfield, Missouri channel 3:
GAINESVILLE, Mo. -- The Ozark County prosecuting attorney says the shooting death of a man from Dora was a case of justifiable homicide. He dropped murder charges against Floyd Russell, 24, who was charged with killing his uncle, Terry Russell, in October.A coroner's jury found the death was the result of an ongoing family feud that turned violent with another relative.
Labels: altercation, MO
Columbus, Ohio
From the December 23, 2008 Columbus Ledger-Enquirer:
Ludwig Leonard Grudisher, the Columbus man fatally shot Saturday night at a Reese Road home, had been arrested two weeks earlier for firing a gun at the same house.
Columbus police said Grudisher, 52, was hit by a shotgun blast fired by his stepson around 9:45 p.m. Saturday night. He was accused of burglarizing the stepson’s home and then trying to run him down with his truck when he was shot.
Two weeks earlier, police say Grudisher was at the house. An arrest report from Dec. 7 states Grudisher, who lived less than 150 feet from his stepson’s home, fired several shots at the home and then fled in his vehicle.
The stepson saw Grudisher fire at his home, police said. Grudisher was arrested at 6:30 p.m. that day outside Grace Baptist Church. He appeared in Columbus Recorders Court the next day and was given a $10,000 bond.
Grudisher was out on a property bond at the time of his death, court records show.
Police have not filed any charges in the Saturday case, though it will be forwarded to the district attorney’s office.
Labels: altercation, OH, residence burglary
9/24/08
Tuscan, Arizona
From KMSB of September 24, 2008
Sheriff's deputies say shooting death the result of self-defense
A 49-year old man was shot to death outside of a residence in the 4100 block of North Soldier Trail in what apparently was a case of self-defense.
According to witnesses, the shooting victim entered the home of another man at about 9 p.m. on Tuesday, September 23, and made threats against the man. The victim was shot when he grabbed the other man and began to drag him out of the residence, according to Pima County Sheriff’s investigators.
The name of the shooting victim has not been released, pending notification of next of kin.
Labels: altercation, AZ, home invasion
9/15/08
Colorado Springs, Colorado
From the September 14, 2008 Denver Post:
A man who came to the home of two women whom he had threatened to decapitate with a knife received a blow to the head that could cost him an eye, according to Colorado Springs police.
Russell Bowman, who claims to be an atheist, threatened the women because they are Christian on Sept. 8. On Friday, he arrived at their apartment and stood in a hallway, according to a police report.
"Another resident of the apartment retrieved a shotgun and approached Bowman, who was by then walking away. The resident ordered Bowman to put the knife down," according to the report.
Bowman refused and approached the resident, who hit him with the butt of the shotgun, injuring his eye.
"Bowman was treated at Memorial Hospital where it was determined the injury to the eye was so severe, the eye would need to be surgically removed."
Police will likely pursue charges of felony menacing against Bowman. Police couldn't be reached for comment Sunday.
Labels: altercation, CO
8/23/08
Boise, Idaho
From the Idaho Statesman of August 21, 2008
Boise man arrested after handgun standoff on Table Rock
A 37-year-old Boise man is being held in the Ada County Jail on a felony aggravated assault charge after a handgun standoff late Wednesday night on Table Rock.
Damon Glenn Smith was also charged with felony DUI and misdemeanor resisting arrest after the incident, which occurred at 11:48 p.m. Wednesday on top of the Table Rock mesa, a popular sightseeing spot overlooking Boise.
Witnesses told police the trouble started when a car passed Smith’s truck as both vehicles were on the way up to the top of Table Rock.
Witnesses said when Smith got to the top of the mesa, by the giant fluorescent cross which overlooks the city, he got out of his truck and pulled out a handgun, first threatening the driver of the other car, and then pointing it at other people on top of the mesa and threatening them.
At that point, witnesses said the driver of the car Smith first threatened pulled out a 9 mm handgun, pointed it at Smith, and told him he was going to disarm him. That man then took the handgun from Smith and determined it was fake.
Witnesses told police Smith got into his truck and tried to drive away but was stopped by police, who were responding to a 911 call about the fight.
Smith, who appeared visibly intoxicated had a hard time standing and failed field sobriety tests, according to police reports.
When officers went to take him into custody, Smith resisted arrest and had to be physically restrained, Boise Police spokesman Charles McClure said.
The other man involved in the confrontation displayed his handgun legally and police determined he was fully within his rights to defend himself at the time, McClure said.
Labels: altercation, ID, intoxication, road rage
8/21/08
Hanover, Pennsylvania
From the August 20, 2008 York [Penn.] Daily Record:
On June 28, only two days after the Supreme Court announced its 5-4 ruling that Washington, D.C., citizens have the right to bear arms under the Second Amendment to the Constitution, I found myself standing in a pool of blood in York, from a man I had just shot. It was not my intent that evening to test the Second Amendment or kill somebody, but events unfolded to make it necessary for me to draw my weapon to defend myself and others.
My fiancée Maria and I had spent the day showing real estate investors our investment properties in York. We were driving to nearby Hanover to visit my mother when we came across what looked like a rear-end traffic accident.
Instead, a man, Douglas Need, had been driving recklessly when he swerved in front of a car and was hit in the rear. In a fit of road rage, he stormed out of his car, went back to two young women and a baby in the car that hit his, reached through the driver's window and started beating the driver very violently. She was able to break free and drive her car to the only place she could go -- the parking lot next to the street. Need ran back to his car, squealed his tires into the parking lot and looked as though he was going to broadside the women's car with them still inside.
At the last moment, he swerved his car around and blocked hers from going anywhere. I pulled into the parking lot, got out of the car and yelled at Need to leave the women alone while Need's passenger was in the parking lot. My gun was still holstered by my side. The woman got out of her car and escaped into the store. He followed but only moments later exited the store back into the parking lot. Both Need and the man with him were uncontrollably enraged and seemed deranged past the point of caring who they hurt.
As they continued to threaten that they had guns and were going to kill people, for some unknown reason Need ran to the driver's side door of my car and started pounding on the window, shouting at my fiancée who was inside the car with the engine running. Fearing that Maria's life was in danger because of his previous death threats, that's when I drew my weapon. I ordered Need to step away from my car, which he did. He then returned to the center of the parking lot, according to witnesses, and continued with threats and deranged behavior.
I went to my car and stood at the driver's side door. Need turned back to me and started coming at me with his arms waving and shouting "just shoot me." I ordered him to stay back, but he kept coming. Then, when he was about four or five feet from me, he put his hand into his pants pocket, and that is when I fired my first shot into his left thigh. It didn't stop him from coming at me. He grabbed my shirt, ripped off the top button and grabbed my right arm. That's when I shot him the second time point-blank into his thigh. I was told later that the bullets had severed his femoral artery and he had bled to death at York Hospital. I was truly sorry he died, but knew I had made the right decisions.
Labels: altercation, PA, road rage
8/16/08
Minot, North Dakota
From KFYR of August 15, 2008
Minot Shooting Called Self-Defense
Who did it? That is cut and dry for Minot police, which is not typical in a shooting case.
Minot Police were called to this RV park just after 10:00 last night, August 14, for reports of gun shots fired. When they arrived they found 42-year old Jonnie Guerrero with three gunshots wounds to his leg. Shortly thereafter they also found a female and two males sitting outside a nearby trailer.
"The female had a gun in her possession and she admitted to using it on the victim who we had found," says Detective Jason Sundbakken, Minot Police Department.
Police say the group had been sitting outside when Guerrero approached them and started causing problems leading to a fight that eventually turned physical.
"The altercation blossomed into the gun shot victim brining a large metal pipe of some kind, allegedly, and swinging it at this lady`s husband. She was in fear of his life and therefore she took the gun she had in her pocket out and fired four rounds," says Det. Sundbakken.
The gun was a .22 caliber derringer pistol. It had been given to her by her husband for safety. It holds two shots. She fired four. She shot twice, reloaded and shot two more times.
"Due to the fact that she was acting in a way that was in self-defense of her husband and everybody else that was there, they are deciding not to pursue charges against her," says Det. Sundbakken.
Guerrero was transported to Trinity hospital where he is being treated for gunshot wounds to his leg. It’s not considered serious.
Labels: altercation, ND
7/21/08
El Paso, Texas
From KVIA of July 20, 2008
No charges filed against man who shot teen
Police have hot filed charges against a Northeast resident who allegedly shot a man in self-defense.
The police department's Drive-by-Shooting Response Team (DSRT) was called to assist with a "shots fired" call at the 9500 block of Iris at about one Saturday morning.
Officers discovered a 19-year-old man had been shot in the ankle and forearm at a residence in the area.
An investigation revealed the victim went to a party at the residence and engaged in an argument that escalated into a physical confrontation, police officials said.
Police said a resident of the home grabbed a handgun and fired several shots at the victim in and attempt to protect his home and family.
The victim was transported to Thomason hospital and a further investigation is underway.
Labels: altercation, TX
7/9/08
Salt Lake City, Utah
From July 9, 2008 KSL-TV:
A bullet fired on a Salt Lake City street at lunchtime killed a man. Now we're learning the gun may have been fired in self-defense.The shooting happened during a confrontation between two men near 1400 South and West Temple. Witnesses say 47-year-old Mike James May, a transient in the area, began yelling at people who were sitting outside Mama's Southern Plantation restaurant.
The witnesses say May took a swing at the customers, threatened them and a security guard and then reached inside his jacket or backpack. That's when the security guard pulled out his concealed weapon and fired. That single shot, which hit the May in the torso, was fatal.Mark Cazares, co-owner of Mama's Southern Plantation, believes it's a case of self-defense. "For him [the security guard] to defend himself this way, he had to feel his life was in danger. He, once again, he was a Vietnam vet, so he's had to deal with weapons and things before. I'm sure this was a life-threatening situation to him," he said.
...
Police say the security guard has been very cooperative with them and, as of about a half hour ago, they have decided not to book him. They say they will meet with the district attorney very soon to discuss the case.
Labels: altercation, concealed carry permit, private security, UT
7/3/08
Greene County, Indiana
From the WTWO of June 3, 2008
Gallagher Will Not Be Charged
No charges will be filed in the shooting death of a Greene County man.
County Prosecutor Jarrod Holtsclaw says after a review of the case no criminal charges will be filed against Michael Gallagher II. Gallagher shot Jarrett Nicholson last weekend during an argument and fight inside Gallagher’s home.
Holtsclaw said that Gallagher’s use of force was justified.
Nicholson was on top of Gallagher punching him in the head when the fatal gunshot was fired. Nicholson had broken into Gallagher’s home and threatened to kill him before the confrontation began.
Labels: altercation, assault, home invasion
6/14/08
Tuscon, Arizona
From KVBC of June 13, 2008
Security officer shoots, kills local man
Metro police responded to the Sierra Point Apartments located on Sierra Vista Avenue and Cambridge Thursday night, following a report that an individual had been shot.
When police arrived, they found the deceased 34-year-old Roberto Simmon lying on the ground outside of his apartment.
Police say that a security officer responded to a complaint of loud music at Simmon's apartment. According to witnesses, when the security officer knocked on the door, Simmon attacked the officer and tried to wrestle his gun away from him.
Neighbors say it was an uneven match between the two men, and that Simmon was physically much larger than the security guard.
As a result of the struggle, the security officer fired one shot at the man and killed him.
Neighbors say Simmon got along with most people at the Sierra Point apartments where he lived. They say he often hosted community barbecues in the courtyard in front of his home.
Police say charges have yet to be filed and this is an ongoing investigation.
This incident is Las Vegas' 57th homicide to date. This number is slightly lower than last year at this time.
Labels: altercation, AZ, private security
6/5/08
Columbia, South Carolina
From WIS TV of June 2, 2008
No charges after barbershop owner shoots man during fight
A Columbia barbershop owner says he was just protecting himself.
Johnny Cole admits he shot a man at his business Monday, but Tuesday he told WIS News 10 he had no choice.
Now Columbia police say they're not charging either man in the incident, and are considering the case closed.
Capt. Thomas Dodson says the solicitor's office doesn't have enough evidence to support a charge, and police could not locate a witness.
"My back's real sore. And my neck. But you know, the hard cement ain't no joke," says Cole.
Cole says it was self-defense, that he was trying to protect himself from a guy who punched him in the face and body-slammed him on the floor of his barber shop.
"I don't know what his problem. Don't know what his motivation. I don't know nothing about that. I don't even know the guy," says Cole.
Cole runs the shop at Richland and Sumter Street, where he's been cutting hair at the location for almost 20 years.
Cole says he's never had trouble here before until Monday afternoon, when a car stopped at the intersection then backed up.
Cole recognized a woman passenger, and spoke to her. He says next thing he knew, the man with her was on the attack.
"He hit me first. And then I defend myself and when I defend myself, he reached for the bag I had on my shoulder," says Cole.
The fight moved inside, and finally Cole says, he grabbed his gun. One shot was fired, hitting 44-year-old Anthony Sylvester Williams in the forearm.
No charges have been filed so far, because police Captain Thomas Dodson says it's still not clear which man was the aggressor.
"Under the new state law, under the Castle Doctrine, there's no duty for a person to retreat, that's being assaulted. But once that attacker starts to retreat, to flee, that's where we have to find out where to draw the line," says Dodson.
Dodson says police are still talking to witnesses and trying to track down the woman in the car. Cole identifies her as an ex-girlfriend.
We've not been able to locate Williams, the man shot in the arm, to get his side of the story. Police say he was not seriously wounded.
Labels: altercation, SC
5/27/08
Humboldt County, Nevada
From KTVN of May 25, 2008
Three Men Killed in Winnemucca Shooting on Sunday
Deputies with the Humboldt County Sheriff's Office are investigating a shooting in Winnemucca early Sunday morning that left three people dead and others injured.
The shooting happened at the Player's Bar & Grill on South Grass Valley Road.
Investigators say a feud between two local families is behind the early-morning shooting inside the bar. Three men from Winnemucca died from gunshot wounds, and two others are in critical condition at the hospital.
Deputies say about 2:25 a.m., 30-year-old Ernesto Villa Gomez walked into the bar and starting shooting. 20-year-old Jose Torres and his 19-year-old brother Margarito Torres were killed. When Villa Gomez was reloading his semi-automatic gun, a man from Reno took out a gun and shot Villa Gomez. That man has a concealed weapons permit.
The unidentified man who shot Villa Gomez is not expected to be charged in this incident; law enforcement call it a justifiable homicide.
Local police, the Sheriff's Office and the Nevada Highway Patrol are preparing for retaliation from one or both of the families, and rumors are already circulating in the small town of Winnemucca. There is a sense of sadness for losing three local men in this violent incident.
The Player's Bar & Grill was full of about 300 people, because a local biker event "Runnemucca" is going on this holiday weekend.
Labels: altercation, concealed carry permit, NV
5/14/08
Gold Beach, Oregon
From the Curry County Reporter of May 14, 2008
Brookings man draws gun in self-defense
The Brookings Police Department hasn't gotten much sleep in the past 24 hours, as a Brookings man drew a gun on multiple individuals on Monday. In a series of recent incidents, Brookings Police Officers have arrested twelve individuals in multiple cases.
On 05-12-08 at about 7:25 p.m., Officers were dispatched to McDonald's restaurant, 815 Chetco Avenue in Brookings, Oregon for a report of a fight between multiple subjects. While in-route to the call, officers were notified one of the individuals involved in the fight was waving a gun.
Police officers arrived on the scene less than one minute later and found Kerry Von Pohle (9/18/1948) pointing a revolver towards Kevin Eber (10/7/1989) and Jacob Shelton (9/5/1988). Officers drew their firearms and commanded Von Pohle to put his weapon down. Von Pohle complied with these commands. An investigation revealed Von Pohle had drawn his gun in self-defense.
Kevin Eber had thrown a partially full beer can, striking Von Pohle's car. Von Pohle asked Eber why and Eber became violent, telling Von Pohle he was going to kill him. During that exchange, Shelton attacked Von Pohle, striking him with closed fists and slamming his head into a parked car.
Von Pohle attempted to fend off the attack but realized Eber was closing in on him as well. Von Pohle drew his concealed 9mm revolver (for which he had a weapon permit) and pointed it at both subjects telling them if they came any closer he would shoot. The suspects stopped their advance. Von Pohle also had called 911 to notify police.
Eber was arrested within minutes and lodged; Shelton had left the scene and was later arrested. Eber was charged with Menacing, and Disorderly Conduct, and Shelton was charged with Assault and Menacing. Both were lodged in the Curry County Jail. Von Pohle was not charged with a crime.
Labels: altercation, concealed carry permit, OR
4/23/08
Milwaukee, Wisconsin
From the April 14, 2008 Milwaukee Journal-Sentinel:
A man who was shot to death about 3:45 a.m. Saturday in a flat in the 2900 block of S. 7th St. has been identified as Joseph Biando, 40.
Police said Sunday that Biando had first fired a shotgun at a 29-year-old man who was living in the same flat. Police declined to name the younger man. They said he was unarmed when he was hit by a blast from the shotgun, got a handgun and shot Biando more than once. The younger man is hospitalized but is expected to live.
As of Sunday, police were not characterizing the shooting as a criminal homicide. Prosecutors will likely review the case and determine whether to charge anyone or rule the incident a justifiable homicide.
Labels: altercation, defender shot, WI
Houston, Texas
From April 15, 2008 KHOU channel 11:
HOUSTON -- A burglary suspect is in the hospital after he was shot by a homeowner early Tuesday morning.
It happened at Kiley and Remington Springs, just east of downtown.
A little after 3:30 a.m., the homeowner heard noise coming from his driveway, looked out and reportedly saw the suspect breaking into one of his cars. He got a gun and went outside to confront the suspect.
Words were exchanged, and the suspect was allegedly inside the car. When he tried to run, the homeowner shot him once.
Labels: altercation, street property theft, TX
4/15/08
Lexington, Tennessee
From the Jackson Sun of April 14, 2008
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
4/2/08
North Miami, Florida
From the March 31, 2008 Miami Herald:
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
3/28/08
Grand Rapids, Michigan
From WWMT of March 27, 2008
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
3/22/08
Nevada, Missouri
From the Joplin Globe of March 21, 2008
Self-defense claimed in area shooting death
Vernon County deputies looking into a fatal shooting this week in the Dederick area were awaiting results Friday of an autopsy to help them determine whether any charges should be filed against the shooter.
Vernon County Sheriff Ron Peckman said the shooter, a man in his 50s, claims he was being assaulted by the man he is believed to have shot three times with a .32-caliber handgun.
The man killed was identified as Jimmy Dale Duncan, 47, whose last known address was in Neosho, the sheriff said. Peckman said Duncan apparently had been staying in recent days at the home where his body was found, near the intersection of Katy Track and 2900 Road in eastern Vernon County.
The Vernon County Sheriff’s Department was called at 8:19 p.m. Wednesday to the home when a female caller initially reported someone was possibly suffering a heart attack at the address. The sheriff said a second call from the residence reported a possible shooting.
Deputies and emergency medical workers found Duncan dead when they arrived. The sheriff said Duncan had visible gunshot wounds to his chest, abdomen and arm. He said the man believed to have shot Duncan surrendered his handgun to deputies when they arrived at the scene.
The man and a woman, who both live at the address, were taken in for questioning Wednesday night. They were later released without any charges having been filed. The Sheriff’s Department had not released their names as of Friday afternoon.
Peckman said the man claims he was being assaulted by Duncan and shot him in self-defense.
The sheriff said the shooter was on oxygen for medical reasons and was sitting in a chair inside the home when Duncan reportedly began slapping his face. He said the man told investigators he reached for his gun beside the chair and shot Duncan.
Duncan had been seeing the woman who lives at the address, the sheriff said. He said the woman and the shooter lived together as friends and may have been related. He said their exact relationship had yet to be determined by investigators.
All three had been drinking together, Peckman said.
“They admitted they had been drinking beer and whiskey all afternoon and evening,” he said. “It makes for a bad combination.”
An autopsy scheduled for Thursday in Springfield was delayed until Friday, the sheriff said. Investigators were waiting to see what the autopsy might reveal, he said, with respect to trajectories and range of the shots that struck Duncan and which shot caused his death. Toxicology tests also were being conducted on the body, he said.
Besides obtaining statements from the two occupants of the house, a male neighbor who was at the home when the shooting took place was questioned, the sheriff said.
Labels: altercation, MO
3/18/08
Flint, Michigan
From the Flint Journal of March 16, 2008
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, senior
3/16/08
Cottonwood, Arizona
From February 22, 2008 Cottonwood Police Department press release:
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
3/14/08
North Richland Hills, Texas
From the March 14, 2008 Dallas Morning News:
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
3/5/08
Chesterton, Indiana
From the March 5, 2008 Indianapolis Star:
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
3/4/08
Atlanta, Georgia
From the March 3, 2008 Atlanta Journal-Constitution:
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.
...
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
2/24/08
Indianapolis, Indiana
From February 23, 2008 WISH channel 8:
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.
...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
2/21/08
Charlotte, North Carolina
From Charlotte Observer of February 21, 2008
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.
From WBTV of February 21, 2008
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
2/18/08
Lexington, Kentucky
From the Lexington Herald-Leader of February 18, 2008
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, Michigan
From the February 14, 2008 Ann Arbor News:
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
2/8/08
Jackson, Mississippi
From the Jackson Clarion Ledger of February 6, 2008
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.
...
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
2/6/08
Billings, Montana
From the Billings Gazette of February 6, 2008
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
2/4/08
Willow, Alaska
From the Anchorage Daily News of January 26, 2008
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
1/26/08
St. Charles, Missouri
From the January 25, 2008 Belleville [Missouri] News-Democrat:
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, mental illness, MO
1/24/08
Orange County, Virginia
From the Culpeper Star Exponent of January 21, 2008
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
1/21/08
Miami, Florida
From the Miami Herald of January 21, 2008
'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, senior
1/17/08
Mobile, Alabama
From January 17, 2008 WKRG channel 5:
A would be thief tried stealing copper but ended up with lead instead.
Mobile Police say Thursday morning around 9:30am two people appeared to be stealing copper wiring from a home on Hathcox Street.
The home owner, Fifty year-old, Gregory Hudson who lives next door to the home under renovation, confronted the two people after seeing them in the home.
One of the intruders, police say, threatened Hudson with a bladed weapon, Hudson and the suspect became involved in a physical altercation during which time Hudson shot the man striking him once in the abdomen.
The injured intruder was taken to USA Medical Center to be treated and could face charges of burglary and menacing once he is released from the hospital.
Labels: AL, altercation, residence burglary
Madison County, Alabama
From the The Huntsville Times of January 15, 2008
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
1/13/08
Memphis, Tennessee
From January 11, 2008 WHBQ channel 13:
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..And another report here.
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
1/12/08
Montgomery, Alabama
From the Press-Register of January 12, 2008
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
1/2/08
Cherokee County, North Carolina
From WRCB of January 2, 2008
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
12/29/07
Fort Worth, Texas
From the Fort Worth Star-Telegram of December 29, 2007
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
12/24/07
Houston, Texas
From Click2Houston of December 24, 2007
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
12/22/07
Conroe, Texas
From the Conroe Courier of December 22, 2007
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.
...
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
12/16/07
St. Petersburg, Florida
From the Tampa Tribune of December 16, 2007
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
12/13/07
Boise County, Idaho
From the December 12, 2007 Idaho World:
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
12/11/07
Diboli, Texas
From the December 10, 2007 Lufkin [Texas] Daily News:
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
12/3/07
Eden, North Carolina
From the December 1, 2007 Greensboro News-Record:
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
11/27/07
Derry Township, Pennsylvania
From the November 27, 2007 Pittsburgh Tribune-Review:
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, Texas
From the Monroe County Courier of November 27, 2007
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
11/18/07
Riverside, Texas
From the November 17, 2007 Huntsville (Tex.) Item:
The Walker County Sheriff’s Department has released the name of a man who was shot and killed by another man in Riverside Tuesday night.
Jerry Wayne Bratton, a 40-year-old white male from Crockett, was killed just before 8 p.m. when another man — whose name county officials are not releasing — shot him in front of the Valero store off state Highway 19, just over the Trinity River bridge.
Lt. Charlie Perkins with the Walker County Sheriff’s Department said that when police responded to the scene they found Bratton lying on the ground with one gunshot wound to the torso.
“There was some altercation between the victim and the suspect and the victim was shot,” Perkins said Friday.
Walker County Criminal District Attorney David Weeks said his office had been brought into the investigation early to determine if the suspect shot Bratton in self-defense.
“There are certainly some elements of self-defense that we’re going to present in detail to the grand jury,” Weeks said. “There was enough evidence there that I thought there were no felony charges appropriate at this point.”
No charges have been brought against the subject, Perkins said, and that Sheriff’s Department officials are still working the investigation.
Labels: altercation, TX
11/7/07
San Diego, California
From San Diego’s Fox6.com of November 7, 2007
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
11/4/07
Orlando, Florida
From MyFoxOrlando.com of November 4, 2007
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
11/1/07
Jackson, Alabama
From Jackson’s The South Alabamian of November 1, 2007
… jury returns not guilty verdict in murder trial
(Scroll down)
...
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, Michigan
From the Lansing State Journal of November 1, 2007
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
10/31/07
Indio, California
From Los Angeles’ CBS2.com of October 31, 2007
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
10/30/07
Springfield, Ohio
From the Springfield News Sun of October 30, 2007
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
10/27/07
Madison, Wisconsin
From Madison.com of October 27, 2007
Jury acquits State Street shooterFrom Chicago’s WLS of October 27, 2007
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
Mobile, Alabama
From the Mobile Press-Register of October 27, 2007
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
10/25/07
Fargo, North Dakota
From In-Forum News of October 23, 2007
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
10/24/07
Puyallup, Washington
From the October 23, 2007 Seattle Post-Intelligencer:
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
10/19/07
Conover, North Carolina
From the Charlotte Observer of October 19, 2007
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
10/17/07
Minot, North Dakota
From Bismark’s KXNet.com of October 17, 2007
Jurors in Minot acquit man charged in shootingFrom Dickinson’s KQCD.com of October 17, 2007
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
10/9/07
Amarillo, Texas
From Amarillo’s KVII.com of October 9, 2007
No charges filed in homicideDear Mr. Reporter: If the Castle Doctrine is now the law of the land in Texas, it kinda seems like maybe, sorta, it should have something to do with it. Does that answer your question?
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
9/28/07
Barnstable, Massachusetts
From Providence’s (RI) EyewitnessNewsTV.com of September 28, 2007
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
9/27/07
Val Verde, California
From the Los Angeles Daily News of September 27, 2007
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
9/26/07
Lumberton, North Carolina
From the Fayetteville Observer of September 26, 2007
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
9/25/07
Bradenton, Florida
From the Sarasota Herald Tribune of September 25, 2007
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
9/22/07
Tulsa, Oklahoma
From Amarillo’s (TX) KFDA.com of September 22, 2007
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
9/19/07
Springfield, Oregon
From Springfield’s KMTR.com of September 19, 2007
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 Main Streets in Springfield.
Police say Columbus Hayles was shot when a fight with the motel owner got out of hand.
Hayles' wife, Sherry, said they were at the motel to pay for a truck they were buying from a tenant there.
Witnesses say the motel owner, Edward Yu and his wife told them to leave. Apparently, when the Hayles couple refused, the fight began. Police say surveillance video shows Columbus Hayles attacking Yu's wife. They say the owner then shot Hayles, with a 38-caliber pistol.
Investigators call the shooting justified, saying the motel owners were within their rights to protect themselves and their property.
Labels: altercation, OR
9/14/07
Waco, Texas
From KWTX of September 13, 2007
Resident Shoots Robber, Foils Robbery
A resident opened fire on a would-be robber Friday morning outside a Waco apartment complex, foiling the hold-up and sending the man to a local hospital.
It happened outside the Parkside Village apartments on North 9th Street in Waco.
Initial reports were that a resident witnessed a man attempting to rob another person and fired as many as six shots at the would-be robber, who was struck at least three times.
Police learned of the incident after the badly injured man turned up at the Hillcrest Baptist Medical Center emergency room.
Late Friday morning police were still at the hospital and at the scene of the robbery.
Other details were not immediately available.
Labels: altercation, TX
9/13/07
Tyler, Texas
From the Tyler Paper of September 13, 2007
Stepfather Shoots Man In Knee With Shotgun
A Tyler man was shot by his stepfather at a Quitman residence after an altercation broke out between them Tuesday morning.
Police arrived at a home on the 400 block of Main Street at about 10:35 a.m. to find Michael Eugene Bruney, 42, suffering a gunshot wound to the left knee, said Sergeant Wes Criddle, Quitman Police Department.
Criddle said police determined his stepfather, a Quitman resident, shot Bruney with a 12-gauge shotgun after the two men had a disagreement.
Bruney was flown by helicopter to a Tyler hospital for treatment. Neither East Texas Medical Center at Tyler nor Mother Frances Hospital showed record of Bruney on Wednesday afternoon.
Criddle said the stepfather, whose name is not being released, was not arrested.
The case is under investigation and will be sent to a grand jury hearing in Quitman, he said.
Labels: altercation, TX
Kingwood, West Virginia
From the Charleston Daily Mail of September 13, 2007
Substitute teacher acquitted in neighbor's fatal shooting
A man accused of killing a neighbor during a dispute over a dog has been acquitted following his six-day trial in Preston County Circuit Court.
The seven-woman, five-man jury deliberated for nearly three hours Tuesday before returning the not guilty verdict against Ronald Schleger.
Schleger, a 56-year-old substitute math teacher, was initially charged with murder, malicious assault and attempted murder.
On May 12, 2006, both Schleger and Douglas Livengood, 43, called Preston County's 911 center to report that Schleger had run over and killed Livengood's dog.
Authorities said Schleger later called 911 to report that he had shot Livengood.
Livengood's wife was also shot but survived.
Preston County Prosecuting Attorney Melvin C. Snyder III told the jury in closing arguments that the shooting had all the elements of malice, premeditation and intent.
Schleger, however, maintained that he fired his gun in self-defense.
Labels: altercation, WV
9/12/07
Laurens, South Carolina
From the Greenwood Index Journal of September 12, 2007
1 dead, 1 injured during shootout in Laurens
A Tuesday night shootout at a horse farm in Laurens left one man dead and another injured, according to regional television outlet WYFF.
The shooting claimed the life of 64-year-old Robert Reid, of 3660 Indian Mound Road, Laurens. Reports indicate Reid died at the scene.
Meanwhile, Michael Smith, 32, of 3662 Indian Mound Road, Laurens, suffered one gunshot wound to the back and was taken to Greenville Memorial Hospital for treatment.
Reports indicate that Reid and Smith were working together at Treadway Farms Tuesday and spent a large portion of the day arguing with one another.
Smith reportedly told officers he was cleaning a gun on the farm property late in the day when Reid approached him, brandishing a gun.
Smith reportedly told the officers Reid fired and hit him in the back. Smith said he then picked up his gun and, in alleged self-defense, fired back at Reid.
An investigation by the Laurens County Sheriff’s Office is ongoing.
Labels: altercation, defender shot, SC
9/7/07
Greers Ferry, Arkansas
From Little Rock’s ArkansasMatters.com of September 6, 2007
Store-owner Fires Shots in Greers Ferry Store
A grocery store owner shoots a man during an argument over forged checks.
It happened Thursday afternoon at the Family Market in Greers Ferry. That's in Cleburne County.
The shooting happened around 1:00 Thursday afternoon and people in the small town of Greers Ferry knew about it by 2:00 pm.
And what some people thought was a robbery was just a discussion gone wrong.
The Cleburne County Sheriff says a 25 year old man entered the Family Market to speak to the owner, Robert Knighten.
The two men were in the office discussing some stolen and forged checks that were cashed at the store.
One thing led to another and an exchange of words turned into an exchange of fists when the owner grabbed a pistol and shot the other man two times.
He was later air-evaced to a Little Rock hospital for surgery.
"This is not a common occurrence in Cleburne County especially in Greers Ferry. This is a wonderful place with wonderful people up here and it's kind of a shock to people here for something like this to happen," explains Sheriff Marty Moss.
The Sheriff says no one else was injured in the incident even though there were at least half a dozen people inside the store.
The shooting did force the Sheriff's Department to lock down the nearby school as a precaution.
Labels: altercation, AR
9/6/07
Buford, Georgia
From September 7, 2007 Gainesville [Georgia] Times:
A mentally disturbed man who authorities say approached a neighbor's home in a threatening manner was shot and critically wounded Thursday in South Hall County.
Authorities said David Klefforth, 20, had a history of violent criminal acts and suffered from unspecified mental health issues. Klefforth was in critical condition Thursday night at Grady Memorial Hospital with a gunshot wound to the abdomen.
Hall County Sheriff's Maj. Jeff Strickland said Klefforth and his parents had recently moved into a home behind the residence of Brian and Sandra Pannell, who live in the 5000 block of Blackberry Lane off McEver Road.
At about 8:10 a.m. Thursday, Klefforth approached the Pannells' home by walking up their driveway. The couple did not know him as a neighbor.
"They had never seen him before," Strickland said.
Sandra Pannell, who had just driven up to the house, saw the suspicious man and alerted her husband, who had her go inside the home while he came out with a small caliber handgun.
"He pointed the gun at (Klefforth) and ordered him to stop," Strickland said. Klefforth, who was unarmed, ignored the command and kept walking toward the front door of the home, Strickland said. After warning him several times, Brian Pannell fired one shot at the man's legs, which missed.
Strickland said Klefforth spoke to Pannell, though he declined to specify what was said.
"What put (Pannell) in fear of danger to his family is that (Klefforth) continued to make aggressive moves toward him after the first shot missed," Strickland said.
A second shot hit Klefforth in the abdomen, causing him to fall over.
Deputies and paramedics responded to the shooting scene within minutes and Klefforth was airlifted from a nearby industrial site off McEver Road.
As of Thursday night, Klefforth remained in "extremely critical" condition, Strickland said.
Pannell has not been charged with a crime. The case was forwarded to the office of Hall County District Attorney Lee Darragh for review.
"That's a standard procedure in any shooting where self-defense is in play," Strickland said.
Labels: altercation, GA, trespassing
9/2/07
Norman, Oklahoma
From Lawton’s KSWO.com of September 2, 2007
Security guard fires shot during altercation
A security guard at an east Norman apartment complex fired a shot at a suspect during an altercation early this morning, but police say no one was injured.
The incident happened about 1:10 this morning at the Dutch Hollow Apartments in southeast Norman.
When police arrived on the scene, they saw a man fighting with a security guard in the street. During the fight, police say a second security guard fired a handgun in the direction of the two men fighting.
Norman police broke up the fight and detained four people, including the two security guards.
They arrested 21-year-old Lelis Record of Norman on complaints of disturbing the peace and public intoxication.
The security guard who fired her weapon was not arrested, but police say the incident remains under investigation.
Labels: altercation, OK
8/23/07
North Shreveport, Louisiana
From August 22, 2007 KTBS channel 3:
A man with a history of mental problems started a shootout with another man in North Shreveport Wednesday morning that left the instigator critically wounded, authorities and neighbors said.
Donald Richardson, 35, faces attempted murder charges upon his release from the hospital.
A neighbor, Diane Howard, took out a protective order against Richardson back in January.
Police Chief Henry Whitehorn said Richardson hadn't violated the protective order, but had been harrassing others.
Labels: altercation, defender shot, LA
8/13/07
Dallas, Texas
From the Houston Chronicle of August 13, 2007
Motive a mystery in deadly Dallas freeway shooting
Police said they may never know why a man who wrecked his car along a downtown freeway opened fire on the people who stopped to render aid, killing two before fatally shooting himself.
A Dallas police officer responding to the incident and another passer-by who stopped to help were seriously wounded in the Sunday morning shooting, authorities said.
Police said no one heard any words from the suspected gunman, 20-year-old Nick A. Salinas, of Cedar Hill.
"We may never know," said Dallas police Sgt. Gary Kirkpatrick. "But it's something we hope to find out."
Police identified the shooting victims as Robert Daniel Langston, 22, of Duncanville, and Jesus Reyes Terrazas, Jr., 24, of Dallas.
A woman at Terrazas' home said the family was still grieving and declined to comment.
...
Witnesses told investigators they stopped to help a motorist on the side of Interstate 35 when someone inside the car shot at them. One witness left in his car after the shooter pointed a gun at him, police said.
Terrazas was part of a group of four who saw the accident scene and turned around to help. Someone in the group returned fire, Hale said. Police said they don't believe the return fire hit Salinas. The man was licensed to carry a concealed weapon.
"Certainly I'm sure he was just trying to protect himself," Hale said.
(More)
Labels: altercation, concealed carry permit, TX
