Memphis, Tennessee



From the Memphis Commercial Appeal of May 20, 2004:

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No charges in gun death



E. Memphis resident feared for life when he shot burglar, prosecutors conclude



21-year-old East Memphis man convinced prosecutors he was in fear for his life when he fatally shot a burglar who had just stolen a compressor from a shed, officials said Wednesday.



Adam Greenberg of 171 Richbriar will not be charged criminally in the death of Daniel Randolph, 46, outside the Greenberg home just before noon Tuesday.



Greenberg, alerted by a neighbor, caught Randolph and another man loading an air compressor onto a truck bed, according to court records.



Greenberg told the men to put their hands up.



One of the men, identified as David Gonzales, 39, of West Memphis, ran.



Greenberg said he believed Randolph, who was sitting in the truck, was reaching for a weapon. He shot Randolph once in the head.



Nancy Greenberg was standing behind her son when he shot at the man in the truck, according to records.



Randolph's Ford Ranger pickup rolled across the street and hit the outside wall of a bedroom at 5655 Redding.



Police found Randolph, who was wearing an orange utility vest, slumped over in the driver's side of the vehicle. A lawnmower and other items sat in the truck bed.



Officials would not say whether any weapons were inside the truck.



Gonzales, arrested shortly after the shooting, was charged Wednesday with burglary. He admitted to police that he was present at the burglary, according to the charges.



Prosecutors were convinced by Greenberg's account that he believed he was acting in self-defense, Dist. Atty. Gen. Bill Gibbons said.



By law, lethal force is appropriate only when an individual reasonably believes he is in danger of death or bodily harm, Gibbons said.



"Based on our review . . . it appeared he had a reasonable belief he was in danger."



Gibbons cautioned, however, that a person cannot use deadly force merely to protect property.