Saturday, October 30, 2004

Toluca, Illinois

From the October 27, 2004 Peoria (Illinois) Journal Star:
TOLUCA - A Toluca homeowner shot and killed a shouting, swearing intruder who broke into the family home early Tuesday after heaving a piece of backyard playground equipment through a window, authorities said.

The bizarre episode, which terrified a young family and ended the life of Douglas Allen Sullivan, 37, was quickly declared a justifiable shooting by Marshall County State's Attorney Paul Bauer after he visited the scene and reviewed preliminary police reports.

Sullivan was unarmed and was pronounced dead at the home by County Coroner David Lenz Jr.

Homeowner Brad Burns, who killed Sullivan about 2 a.m. with a single shot from a 9 mm pistol, "was defending not only his life, but the lives of his wife and child," Bauer said. "There's no doubt in my mind that they were in fear of their lives."
Forsyth County, Georgia

From Atlanta’s of October 30, 2004

Search on for Home Invasion Suspect

Forsyth County police are looking for a suspect involved in an attempted home invasion.

Police say two men entered a home off Nuckolls Road late Friday night. They say the homeowner opened fire and hit one of the suspects.

The wounded suspect showed up later at an area hospital. He was listed in critical condition Saturday evening.

Police continue to search for the second suspect.

Friday, October 29, 2004

Detroit, Michigan

From Detroit’s of October 28, 2004

Shooting Near People Mover

Police believe the shooting of a man near the People Mover station in downtown Detroit Thursday afternoon was in self-defense.

An off-duty female transit worker saw the homeless man sifting through a dumpster behind a parking garage near the People Mover and asked him to leave.

Detroit Police say the man then attacked the woman, punching her several times in the face before she finally shot him in the stomach.

The man was in critical condition Thursday night. The transit worker was also taken to Detroit Receiving Hospital, with bruises to her face.

Thursday, October 28, 2004

Houston, Texas

From Houston‘s of September 13, 2004

Tire Shop's Caretaker Shoots, Kills Burglar

Business Owner Hires Caretaker After Several Robberies

A man was killed after an attempted break-in at a southeast Houston tire shop Monday morning, Local 2 reported.

Police said the tire shop's caretaker, who lives at Leon's Tire Shop in the 4500 block of Telephone Road with his family, opened fire on a man who broke in through the back of the business at about 2 a.m.

Authorities said one bullet struck the man in the head, instantly killing him.

Officials identified the suspected burglar and shooting victim as Dermedrick Adams, 18.

Investigators said the tire shop's owner hired the worker after thieves robbed the business several times in recent months.

The shooting remains under investigation. No charges have been filed.
No subsequent stories about this incident were found.

Tuesday, October 26, 2004

Powdersville, South Carolina

From Greenville’s of October 26, 2004

Man Shoots, Kills Intruder In Powdersville

Struggle Over Gun Ends In Shooting

Sheriff's deputies are at the scene of a fatal shooting in Powdersville on Tuesday morning.

Anderson County Sheriff's Office Capt. Dale McCard told WYFF News 4's Myra Ruiz that David Devita, 47, and his 7-year-old daughter were in their Mountain View Court home when Devita's daughter said someone was at the door at about 8:30.

McCard said that when Devita answered the door, he was hit with pepper spray by the man outside, who forced his way inside.

McCard said the intruder kept using the pepper spray on Devita and his daughter. The two men struggled into a bedroom, where Devita retrived a gun.

McCard said that during the struggle, Devita shot the intruder.

The intruder, who has not been identified, died at the scene.

McCard said investigators are trying to determine who the man was and why he attacked the homeowner.

Tallahassee, Florida

From the Tallahassee Democrat of October 26, 2004

Man shoots at intruder

A Tallahassee man shot at an intruder as the two scuffled at his home Sunday morning, said Lt. Edward Smith of the Tallahassee Police Department. A man went shopping and returned to his house in the 2900 block of Capital Park Drive about 9 a.m. He found some personal items at the doorway and an unknown man in the house. During the incident, the intruder "picked up a table and hit the victim" and bit the victim on the right ring finger. As the two men fought, the intruder broke free. Inside the house, the resident shot a pistol at the man, who ran from the home. The victim was treated at a hospital for cuts to his forehead and on his right leg. The intruder is described as a black male in his mid 20s. He weighs 165 pounds and is 5 feet 10 inches tall. He was last seen wearing a gray long-sleeved shirt, black pants and white tennis shoes.

Saturday, October 23, 2004

Lebanon, Tennessee

From Nashville’s The Tennessean of September 9, 2004

Lebanon man shot after argument

An argument turned violent Tuesday night in Lebanon, leaving one man fighting for his life, Wilson County Sheriff Terry Ashe said.

John Thomas Rogers, 28, was shot three times by his mother's friend Nancy Butler, Ashe said. Butler lives with Rogers and his mother on Speck Road, the sheriff said.

Butler called 911 about 11 p.m. Tuesday to report that she had shot Rogers, Ashe said. He said the wounds are to Rogers' upper torso and head.

''We don't know what his recovery situation is going to be like. As far as I know, he has not regained consciousness yet and is at Vanderbilt'' University Medical Center.

Butler told officers that she shot Rogers in self-defense, Ashe said. ''We'll be presenting the facts of that case to the Wilson County grand jury in a few days. (Rogers and Butler) were arguing over the usage of a telephone, and it escalated.''

Butler had not been charged with any crime as of yesterday afternoon, Ashe said.
No subsequent stories about this incident were found.

Friday, October 22, 2004

Little Rock, Arkansas

From the October 13, 2004 Arkansas Democrat-Gazette:
A postal worker’s "eerie screams" and cries for help early Tuesday were answered by a Little Rock man who jumped out of bed, grabbed his gun and ended an assault by shooting the attacker, authorities said.

"He probably saved my life," Samuel Baggett said of Mark Brisco in a telephone interview from his home after his release from Baptist Health Medical Center in Little Rock.

Baggett, 48, of Sherwood was robbed about 3 a.m. at the postal branch at 1700 Main St., where he worked repairing mail-sorting machines.

Police said the attacker, identified as Bobby Don Releford of Little Rock, was in a hospital Tuesday night with a single gunshot wound in his stomach. Police were searching for an accomplice in the case.

Thursday, October 21, 2004

High Point, North Carolina

From Winston-Salem’s of October 20, 2004

Robbery Suspect Shot At High Point Business

High Point police said Wednesday that a woman who attempted to rob West Green Market was shot by a store clerk.

The incident occurred at 8:42 a.m. at the market on West Green Drive. A white female entered the store and physically attacked the clerk, reports stated. As the two struggled, the suspect was shot at least one time, polie (sic) said.

Woodbury, New Jersey

From Philadelphia’s of October 21, 2004

Man Who Shot Would-Be Thief Won't Face Murder Charge

Killing Took Place In Shed Of Man's Property

A man who shot and killed a would-be thief in his yard will not face murder charges after a Gloucester County grand jury voted against indicting him.

Neighbors had protested when Robert J. Clark Jr. was first charged with murder after slaying a man who was trying to steal his all-terrain vehicle from a backyard shed.

The grand jury, which decides whether there's enough evidence in criminal cases to proceed to trial, took the actions Wednesday, but the Gloucester County prosecutor's office did not announce them until Thursday.

The grand jury did return one indictment in the case: The alleged accomplice of the victim was indicted on charges of burglary and theft.

Authorities initially charged Clark with murder, aggravated assault and a weapons offense after he killed William Hamilton on April 26. The grand jury voted against indicting Clark on those charges or any others, including a lesser offense such as manslaughter.

"I've always felt the people of Gloucester County were solid, commonsense Americans and they saw this exactly as it was -- a person defending his home, his family, his life," said Clark's defense lawyer, Mike Pinsky.

But prosecutors are not giving up.

After the shooting, prosecutor Sean F. Dalton defended the charges, saying that New Jersey state law does not allow the use of deadly force to protect property. That's still his line.

Spokesman Bernie Weisenfeld said prosecutors are considering all their options for where to continue, including presenting the case to a second grand jury.

Blue State

Pahrump, Nevada

From the Pahrump Valley Times of October 20, 2004

PVT columnist shoots intruder


Pahrump Valley Times outdoors columnist Dan Simmons shot and wounded an intruder Tuesday morning during a terrifying home invasion.

According to Lt. Bill Becht, David Patillo Jr., described as a Hispanic male in his early to mid 20s, was preparing to surrender to authorities, though that had not occurred by press time.

Simmons, still shaken from the incident a few hours later, said he was awakened at 5:30 a.m. by a woman living in his guesthouse who said somebody was trying to break into the residence at Simmons' central Pahrump home.

"I grabbed my gun and went outside as my neighbor called 911," recounted Simmons. "Nothing. Nobody was there. The police showed up immediately, but there were no bad guys."

Not too long after the police departed, the neighbor and her seven-year-old daughter were at Simmons' home. The woman was making tea when she told Simmons someone was walking to the door.

Thinking it was a policeman; Simmons walked to the kitchen door and looked through the door window to see who had arrived. "This is when things got really dramatic," said Simmons. "He was a small man with a hooded sweatshirt, work gloves and one of those Mickey Mouse respirators. All I could see were his eyes."'

Simmons said the man told him to step outside; instead he went to retrieve his .357 handgun for the second time in an hour. He ordered his neighbor and her daughter into a backroom. A moment later the inlaid glass of his front door shattered. Simmons returned to the kitchen and saw the suspect in his home. He aimed and fired, hitting the suspect in the left shoulder. The bullet traveled through the man's body and lodged into the doorjamb.

Simmons said the man dropped down, uttered an expletive, and then stood back up and fled. Police were once again summoned to the home. "I told them I shot the guy."

Patillo reportedly fled to nearby Comstock Park where he shed his bloody clothes. According to Sheriff Tony DeMeo, who said Simmons' actions constituted a clear-cut case of home defense, Patillo was not seriously injured. "(The suspect's) family has been in contact with us," DeMeo said.

Lt. Bill Becht conjectured Patillo would turn himself into authorities once the family retains an attorney. There's a possibility the lawyer might handle another case for the man. On Sept. 28 he was arrested and charged with statutory sexual seduction.

For Simmons and his neighbor life took a dramatic turn this week. "Yesterday I felt secure in my own home," he said. "Today, I don't feel safe. Not one bit ... and I'm taking precautions. I advise everyone else in town to do the same."

Columbus, Georgia

From the Columbus Ledger-Enquirer of October 21, 2004
Jury acquits man in April shooting

Santiago grabbed gun to break up men beating friend

A Columbus construction worker accused of shooting another man in April was acquitted of all charges Tuesday by a Muscogee County Superior Court jury that deliberated less than 15 minutes.

Victor Santiago, 39, of Old Cusseta Road, faced up to 65 years in prison if convicted of the April 4 shooting of John Howard.

Defense attorney Melvin Cooper presented evidence showing the shooting near apartments at 4200 Old Cusseta Road occurred after he saw a "slap-boxing" match involving a friend turn ugly.

Cooper said the match deteriorated into "four or five men jumping on Thaddeus Turner," causing Santiago to retrieve a .380-caliber semi-automatic pistol from his residence to try to stop the abuse of his friend. When he returned, Howard grabbed the barrel of the pistol, which discharged twice, causing one bullet to lodge in Howard's thigh and one bullet to graze his skin.

Police investigated the incident immediately, but Santiago was unaware he was accused of a crime until he read an account of the charges against him in the Ledger-Enquirer, Cooper said. He immediately surrendered to police and pleaded innocent to two charges of aggravated assault, aggravated battery and possession of a firearm during a crime, he said.

Superior Court Senior Judge Bill Smith ordered a directed verdict of not guilty on the aggravated battery charge and the jury acquitted Santiago of the remaining charges.

Wednesday, October 20, 2004

Coatesville, Pennsylvania

From the West Chester Daily Local of October 20, 2004

Police: Woman shot armed intruder

A woman sitting on her couch watching television shot and critically injured an armed intruder who kicked through her door late Monday night, police said.

Nakie Thomas, 29, shot Elliot Thompson, 30, as he and another man broke into her home in the 500 block of Walnut Street around 11:30 p.m., police said.

Thomas shot at Thompson four or five times, hitting a window once, the television once and him twice in the chest, police said.

"She was in her home either seated on or near the couch," said Bellizzie. "As they kicked the door in, she proceeds to unload on them with her weapon."

Thompson was listed in critical condition at Crozer-Chester Medical Center Tuesday evening, a hospital spokesperson said.

Thomas was also shot once in the foot, but police said they were unsure if the bullet was shot by Thomas or one of the intruders.


Tuesday, October 19, 2004

Pembroke Pines, Florida

From the Miami Herald of October 19, 2004

(Free registration required)
Woman shoots at armed robber

A robber in a stolen car who targeted a victim with an empty wallet and a semiautomatic in her purse fled under gunfire and stole a van Monday in Pembroke Pines.

The victim of a robbery fired at her attacker Monday afternoon, pulling a gun on the armed man and shooting at him after a struggle, Pembroke Pines police said.

Felicia Moss, 34, was getting out of a white Lexus at the Lakes at Pembroke apartment complex about 1:30 p.m. when a man with a gun walked up to her and demanded money, police said.

Pembroke Pines police Cmdr. Keith Palant said that Moss, who lives at the complex at 9900 Sheridan St., fished her wallet out of her purse to show the man that she had no cash.

She was also stalling for time, Palant said, knowing that her purse also held a 9mm handgun.

The man took Moss' cellphone and the victim pulled the Heckler & Koch semiautomatic from her bag.

She and the robber struggled for the gun. At one point, he dragged her by the weapon but couldn't wrest it from her.

''The victim indicated that no one's going to take her money,'' Palant said.

The thief fled, and Moss, who police said has a permit to carry a concealed firearm, fired three shots in his direction.

Fearing he might try to come back and drive away in the stolen 1994 Oldsmobile Cutlass Ciera he arrived in, Moss also fired a shot into one of the tires, Palant said.

''He didn't know my wife was a pit bull in a skirt,'' Moss' husband John told WFOR-CBS 4.


Monday, October 18, 2004

Charlotte, North Carolina

From Charlotte‘s of September 10, 2004

Store clerk kills attempted robber, police say

An investigation is underway after a convenience store clerk shot and killed a man who attempted to rob the store Thursday night, police said.

The shooting happened at the Snookies Convenience Store in the 6800 block of Nations Ford Road around 9:50 p.m.

According to police, Wilbert McCauley walked into the store armed with a hand gun and told the clerk he was robbing the place.

The clerk, identified by police as Ambrose Nwosu, then got into a struggle with McCauley.

McCauley fired a shot at Nwosu and missed. Nwosu fired back. He shot and killed McCauley.
No subsequent stories about this incident were found.

Friday, October 15, 2004

Elbert County, Georgia

From Toccoa’s of October 14, 2004

Home Invasions in Elbert County

The Elbert County Sheriff's Department needs your help to find a man who tried to invade elderly women's homes on October tenth.

Police say he's a young black man, with a light complexion, and a small, narrow face. He might be driving a dark green vehicle with taillights completely across the back.

Police say they don't know his motive for invading the homes. But they do know that the 80-year-old homeowners had weapons to protect themselves.

The Elbert County investigators say they have no idea why home invasions are becoming popular these days. Elbert County has had three in two weeks.

Police are looking for this man who they think tried to invade two homes owned by 80-year-old women.

"The suspect went to the house on Longcreek Road and tried to kick the front door in. The elderly women let the suspect know she had a gun and when she did, he took of running. Minutes later, there was another home invasion on Middleton Road and she shot at the suspect and he left,” says Sheriff Barry Haston. He thinks the invasions are connected because the houses were six miles away from each other. The sheriff says the man didn't steal anything from the second home, but did try to rape the woman. Sheriff Haston says having the guns kept those women alive.

"In these two cases I’m actually glad they did because it could have been a different story if they didn't,” says Haston.

The Crime Scene Unit and GBI are investigating the cases and other home invasions in the area. But the sheriff's department wants people to learn from two women in their eighties and protect themselves.

"That's why we give these courses so people will know firearm safety, how to operate a firearm, it just gives the elderly a sense of security when they take these classes,” says Haston.

Houston, Texas

From the Houston Chronicle of October 15, 2004

(Replaces an earlier post which contained apparent inaccuracies,

and which has been deleted.)

Accomplice killed in robbery attempt

Getaway driver runs over gunman before being shot

A man was shot to death after running over his accomplice during a botched robbery attempt at a west Houston Whataburger drive-through early Thursday, police said.

The holdup was thwarted when a pair of armed, uniformed security guards in the drive-though lane intervened after noticing the crime in their rearview mirror, homicide investigators said.

The incident began about 1:15 a.m. outside the restaurant, in the 1000 block of Gessner, when a man waiting in the drive-through was confronted by a gunman demanding money, police said.

The security guards, who were in a vehicle ahead of the victim's, saw the commotion and stepped out, police said.

The gunman pointed his pistol at the guards, then tried to run back to his car, police said. His accomplice, however, backed up the vehicle, running over the approaching gunman, investigators said.

The car also struck one of the security guards, knocking him down. When the driver steered the vehicle toward the downed guard a second time, the other security guard fired seven shots at the car. The driver was hit three times in the chest, Houston Police Department homicide investigator C.P. "Abbey" Abbondandolo said.

The driver then drove away south on Gessner under the Katy Freeway before he lost consciousness and hit a concrete barrier. The driver died at the scene, Abbondandolo said. His identity had not been released.

The other suspect was in stable condition at Memorial Hermann Hospital Thursday.

The security guard was treated and released.

Fort Dodge, Iowa

From the Fort Dodge Messenger of October 15, 2004

Grand jury won’t charge Cole

Medical examiner will not go to trial for the fatal shooting of Benton

No charges will be filed against Webster County’s medical examiner, Dr. Dan Cole, 58, in the shooting death of Paul Benton, 46, of Fort Dodge.

A grand jury delivered a decision not to indict Cole Thursday afternoon.

Cole maintained that the shooting, which happened Aug 8 after an altercation at Cole’s home, was in self-defense.

‘‘I’m very happy about it,’’ Cole said of the decision from his home Thursday afternoon, adding he believed the grand jury’s decision was correct.

Benton’s family members were angered by the decision, calling it unjust.

Cole has been the Webster County medical examiner for more than 30 years. He’s also the head of the emergency department at Trinity Regional Medical Center.

Monte Fisher, Cole’s attorney, told the Associated Press that the grand jury’s decision was consistent with Iowa law and what the statute allows.


Wednesday, October 13, 2004

Columbiana, Alabama

From Birmingham’s of October 12, 2004

One of Four Georgia Fugitives Shot, Captured

One of four inmates who escaped from a south Georgia prison over the weekend was wounded during a burglary attempt at a rural residence near Columbiana and was captured.

Shelby County Sheriff Chris Curry said 30-year-old Tracy O. Mullins, who was serving at least three years for firearms possession and other offenses, is in the intensive care unit at UAB Hospital in Birmingham after being shot yesterday morning shortly after 7 a-m.

Curry said three others who were with Mullins escaped. He said the home owner, whose name was withheld, fired several shots from a handgun, striking one of the fugitives.

The men escaped from medium-security Montgomery State Prison on Saturday in Mount Vernon by cutting a hole through a security fence.

Fort Smith, Arkansas

From the Fort Smith Times Record of August 26, 2004

Store Clerk Fires Gun At Robber

An armed man was making his getaway after robbing a Fort Smith convenience store Wednesday night when a store clerk drew a gun and began firing at the robber, police said.

The robbery occurred at Mr. Jiff, 5307 Towson Ave. Police said a man armed with a large-caliber handgun walked into the store shortly before 9 p.m., pointed the gun at the clerk on duty and demanded money.

The robber left the store with a cash register drawer containing an undetermined amount of money, Fort Smith police Capt. Donald Howard said. The man got into a vehicle described as a red sports coupe and was last seen driving east on Vicksburg Street.

As the robber was driving away, the clerk ran out of the store with a handgun and fired three shots at the vehicle, Howard said. Police found no signs that the vehicle or the robber were hit, but area hospitals were notified in case the man was injured and sought treatment, he said.
A subsequent article reports that the clerk is a retired police officer. No subsequent stories suggesting that he has been charged have been found.

Tuesday, October 12, 2004

Levy, South Carolina

From Savanah, Georgia’s of August 24, 2004

Man Killed After Breaking Into Home

A Jasper County man who shot and killed an intruder early Monday morning may well have acted within his legal rights, investigators say.

The Jasper County Sheriff's Office says Michael Grant, 28, fired shots from a 9 mm semi-automatic pistol when two men broke into his home on Roper Road in Levy around 12:30 a.m.

"He opened fire in fear for his life," said Roy Hughes, chief deputy for the Jasper County Sheriff's Office.

One alleged burglar, Michael Jenkins, 32, of Hardeeville, was shot in the leg and face. He died around 4:30 a.m. at Memorial Health University Medical Center in Savannah, according to the sheriff's office.

A second suspect ran when the shooting started, Hughes said, and investigators are following strong leads that could lead to his arrest.

"We have a very good idea of who this subject is," Hughes said.

Grant has been questioned by police, but has not been charged in the fatal shooting.

Under South Carolina law, you can use whatever force is necessary -- even deadly force -- to stop an invasion of your home, as long as you did not provoke the attack.

"The train of thought is, if you're in your home -- especially at night and you're asleep in your home -- and someone's breaking into your home, it's evident that they're going to try to do harm to you," Hughes said.

Someone who is assaulted on his own premises and is without fault is not bound to retreat, according to South Carolina Supreme Court case law. Citing that law, Mark Plowden, a spokesman for the South Carolina Attorney General's Office, said people protecting their home "may stand their ground and repel the attack with as much force as is reasonably necessary."

Once the Jasper County Sheriff's Office completes its investigation, the findings will be turned over to the Solicitor's Office -- which will make the final decision whether charges will be filed against Grant.
No subsequent stories about this incident were found.

Monday, October 11, 2004

Rio Rancho, New Mexico

From Albuquerque’s of October 10, 2004

Homeowner shoots prowler outside Rio Rancho home

A prowler who fired shots at a Rio Rancho homeowner was killed when the homeowner returned fire.

Rio Rancho police spokesman John Francis says the homeowner has not been charged with a crime.

The homeowner apparently spotted an adult man in his front yard late Friday night and went outside.

A motion sensor light went on when the homeowner walked out and the intruder ran to the backyard.

The intruder opened fire when the homeowner followed.

Detroit, Michigan

From Detroit’s of August 23, 2004

Party Store Employee Fatally Shoots Intruder

Man Forces His Way Behind Counter

A 36-year-old party store employee who reportedly shot and killed a thief is awaiting word on whether she will face murder charges.

A man entered the Food Land liquor store on Clairmount Street on Detroit's west side Saturday and forced his way behind the bullet-proof counter, Local 4 reported. Three employees were behind the counter when one of them pulled out a gun and fatally shot the man, according to the report.

Police were questioning the shooter, whose name was not released.

The case has been handed over to the Wayne County prosecutor's office for review.

No subsequent stories about this incident were found.

Friday, October 8, 2004

Newcastle, California

From Sacramento’s of October 8, 2004

Residents Confront Alleged Burglars; 1 Dead

Suspect Shot After Allegedly Trying To Run Down Homeowner

A man who allegedly tried to break into a Placer County home early Friday was killed and his alleged accomplice remains at large after a struggle with the homeowners.

It happened about 6:30 a.m. at a home on Shirland Tract Road near Newcastle.

Authorities said a father and son spent the night at a home they were renovating to sell, when they were awakened by noises outside. When they went to investigate, they discovered two men trying to break into the home.

Investigators said the son confronted one of the men in the yard, while the father chased the other man, who jumped into a stolen pickup truck.

"The second suspect in the truck would not stop. After trying to run the father over twice, on the third attempt to run him over the father fired two shots into the truck striking the suspect. The suspect got out of the truck, ran a short distance and fell over and died," Placer County Sheriff's Department spokesman George Malin said.

The second suspect remained at large early Friday afternoon.
UPDATE (from Clayton): another, later account of the event is here.

Thursday, October 7, 2004

Montgomery, Alabama

From the Montgomery Advertiser of October 7, 2004

Man stops burglary, exchanges gunfire

A Montgomery man exchanged gunfire with burglary suspects Tuesday night when he reportedly interrupted them as they went through his house.

No one was injured in the exchange, which began about 10:48 p.m. when Darrius L. Griffin, 23, walked in on two men in his Brewbaker Road home, according to a Montgomery police report. One of the men, as well as a third suspect waiting in a car outside, opened fire on Griffin as they fled, with Griffin firing back.

Wednesday, October 6, 2004

Waterford, California

From the Modesto Bee of August 8, 2004

Abuse victim kills her attacker

It had been weeks since Candy Mitchell had slept through the night. Strange backyard noises and someone banging on her bedroom wall would wake her up.

Every time Mitchell called deputies to search the yard, no traces were found of an intruder. Still, the 31-year-old mother of three had a strong suspicion who the prowler was.

Her ex-boyfriend had been released from jail in July after serving two months of a six-month sentence for three felony counts of spousal abuse for beating her, according to the Stanislaus County Sheriff's Department .

When 42-year-old John "Bud" Russell broke into her home late Thursday afternoon, Mitchell shot and killed him.

On Friday, sheriff's deputies said it appears Mitchell shot Russell in self-defense. The case will be turned over to the district attorney's office for a final decision on whether to press charges.

No subsequent stories about this incident were found.

New Haven, Connecticut

From Hartford‘s of October 6, 2004

Son Will Not Be Prosecuted For Shooting Father

Prosecutors have dropped charges against a disabled man who shot and killed his father three years ago.

Luigi DiBrigida, 35, had been charged with murder in the Dec. 20, 2001, killing of his father, John DiBrigida, 57. The charges were later reduced to first-degree manslaughter and criminal use of a weapon and on Monday, a plea was entered for both counts in Superior Court.

Prosecutor Maxine Wilensky said DiBrigida suffers from a brittle bone disease and is confined to a wheelchair. Patients with this genetic disorder break bones easily.

The shooting victim, John DiBrigida, had a history of alcoholism and being physically abusive, according to Wilensky. On the night of the shooting, there had been an argument and Luigi DiBrigida retreated to his bedroom, Wilensky said. His father followed him, flung open his bedroom door and yelled at him.

Luigi DiBrigida told investigators that his father said he was going to pick him up and throw him and his wheelchair.

"The state's position is that a reasonable person who is afflicted with the debilitating effects of this disease would have reasonably believed he was in imminent physical danger of great bodily harm from his inebriated father," Wilensky said.

Luigi DiBrigida took a gun from his wheelchair and fired, then called 911 for medical assistance. John DiBrigida was taken to Yale New Haven Hospital, where he died.

Cincinnati, Ohio

From Cincinnati’s of October 6, 2004

Store Owner Shoots Back At Suspects In Bond Hill Robbery

Cincinnati police are investigating an old fashioned shootout at a bond hill gas station.

The store owner said that over his dead body would any robber be getting away with his hard earned cash.

Saper Ayad says he's always prepared and waiting for a robber to walk in with a gun, and last night at the Sunoco on Seymour and Langdon Farm road his preparedness was put to the test.

"It is dangerous, but you know, you got no feeling no more," said Ayad, a co-owner at the gas station.

Ayad says around 11:30 p.m. Monday night he noticed on surveillance video from his back office that a robber was holding his clerk up with a gun, so Ayad grabbed his gun.

"When he shot at me it made me more mad," said Ayad. "If he did it again I would do it again but I hope it's not going to happen again."


When Ayad comes out from the back the suspect fires -- and from behind the counter Ayad fires back.

"He tried to run out the door," said Ayad. "I chased him with a gun shooting at him as he ran."

Ayad's partner says there should be a bullet hole in the suspect's car.

There's a hole where Ayad fired and missed inside the store.

"I don't like to shoot," said Ayad. "I don't like to carry guns, but sometimes you have, I feel, I got no choice."

No one was injured but one of the store's co-owners says he's becoming very frustrated.

Cosby, Tennessee

From the Knoxville News Sentinel of October 6, 2004

Intruder fatally shot by Cosby homeowner

A man shot to death at midnight Monday, as he reportedly attempted to enter a home, was identified Tuesday.

Chad Lee Hicks, 31, Cosby, was shot in the neck, according to Detective Bryan Murr of the Cocke County Sheriffs Department.

D.R. Williamson told investigators he was asleep in his Roostertown Road home when he heard a noise at a door leading from a rear deck. Williamson, 79, grabbed a rifle and went to the locked door. When he saw no one, Williamson opened the door and observed a man cutting the screen from another door.

"The subject headed toward him armed with the knife. He had an article of clothing wrapped around his head, fashioned as a mask," the detective said of the would-be intruder.

After Williamson fired a shot striking the subject under his chin, the shooter called E-911 to report the incident.

Jacksonville, Florida

From the Florida Times Union of October 6, 2004

Westside man shoots intruder, 17

Homeowner shoots her in face as she charges with butcher knife, police say.

The car keys were on the dining room table, Richard Clark told the young intruder.

She ran to get them after telling him she planned to steal his maroon Taurus.

But Clark, 59, ran for his gun.

Moments later, the two faced off inside Clark's Westside Jacksonville home, with 17-year-old Alie McMillan coming at him with a butcher knife as he defended himself, police said.

Police answered a call about a shooting at Clark's home in the 7300 block of Proxima Road Tuesday, finding McMillan with a gunshot wound to her face and Clark with a superficial stab wound to one of his wrists.

McMillan stayed awake and answered questions as firefighters treated her injuries, including by wrapping a large bandage around her head.

A bullet wound was visible on her right cheek as she was put in a rescue rig about 3 p.m. and taken to Shands Jacksonville hospital.

The runaway faces aggravated battery and armed burglary charges, police said.

Monday, October 4, 2004

Los Angeles, California

From the Los Angeles Times of October 4, 2004

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Guard Kills 2 Men in Car Outside Silver Lake Nightclub

A security guard shot and killed two men sitting in a car outside a Silver Lake nightclub early Sunday after one of the occupants allegedly pointed a gun at him when he asked repeatedly that they move their vehicle, police said.

The shooting occurred shortly after 2 a.m. in the parking lot of Los Globos Nightclub in the 3000 block of West Sunset Boulevard, according to detectives at the Los Angeles Police Department's Rampart Division.

The incident began when the security guard, who had not been charged with a crime and whose name was not released, asked the driver of a black Nissan Altima to move his car, police said. He did not, and when the guard asked a second time, one of three men in the car pointed a handgun at the guard, police said.

"The security guard removed his firearm and fired twice, striking both victims," a police report states.

The driver of the car, Jose Manuel Martinez, 27, drove to a Chevron station nearly four miles away and called police, according to the report.

One of the victims was pronounced dead at the gas station. The other was pronounced dead at County-USC Medical Center. Both men were shot in the upper torso, police said. Their names were not released.

Because he was allegedly involved in a crime that resulted in two deaths, the driver was being held on suspicion of murder, police said.

Tacoma, Washington

From the Tacoma News Tribune of October 4, 2004

Man killed in Tacoma during melee, struggle over rifle

A man was shot to death in Tacoma on Sunday morning in what police said appeared to be a case of self defense.

The incident took place at a house in the 2500 block of South L Street, police spokesman Mark Fulghum said.

A man who was staying in the house as a guest told officers there was a knock at the front door about 9 a.m. He answered and found a man on the porch asking to speak to a woman who lives at the home, Fulghum said.

The guest said he would get the woman, who apparently was in her bedroom, Fulghum said.

The man who dropped by followed the other fellow into the house. When they arrived at the woman's bedroom door, the man sucker-punched the guest in the head, Fulghum said. A fight then broke out between the two, and the woman who lives in the house and the guest's wife eventually joined the melee, Fulghum said.

At one point, the guest and his assailant spotted a rifle lying nearby and began to struggle over it, police reported.

During the struggle, the guest pulled the gun's trigger, firing one shot that hit the other man and killed him, Fulghum said.

Police took the guest to a local hospital where he was treated for injuries suffered in the fight.

He and the two women were then taken to police headquarters downtown where they were interviewed and released, Fulghum said.

"Nobody has been arrested at this point," he said. "There doesn't seem to be anything malicious. It looks like he was protecting himself."

Saturday, October 2, 2004

Homestead, Pennsylvania

From the Pittsburgh Post-Gazette of October 2, 2004

Charges are dropped in Homestead slaying

A witness to a deadly shootout in August in Homestead recanted his police statement, causing a prosecutor to withdraw homicide and related charges against two suspects.

Gregory P. Smith, 24, of the North Side, and Gary L. Butler, 26, of Penn Hills, were expected to be released from the Allegheny County Jail, where they had been held without bail.

The two were charged with the Aug. 9 shooting death of Dontez McCollum, 24, of Homewood.

Defense attorney James Wymard, who represents Smith, said at a coroner's inquest yesterday that his client and the co-defendant actually were attacked by McCollum and another man, Ivan Perrin.

Police said Perrin told them he witnessed the shooting outside a bar in the 800 block of Amity Street.

As the only witness called yesterday, Perrin denied that he gave a statement to police.

McCollum suffered a bullet wound that passed through his thighs and severed his femural(sic)artery. He died the next day at UPMC Presbyterian.

Smith was treated at UPMC Presbyterian for wounds he received in the shootout. Then he was arraigned on homicide charges.

Butler also was wounded.

Wymard said that had the case gone to trial, he and defense attorney Todd Hollis, who represents Butler, were prepared to make self-defense arguments.

Friday, October 1, 2004

Muskegon, Michigan

From the Muskegon Chronicle of September 30, 2004

Store owner won't be charged in shooting

No charges will be filed against the owner of an Egelston Township business who shot an intruder early Wednesday inside his store.

Muskegon County Prosecutor Tony Tague said there was no question about what occurred inside D&M Produce, 992 S. Maple Island, and the owner, Michael Moore, had a right to defend himself.

Moore was working in his office about 1:15 a.m. when he heard noises. At first he thought the noises could be from an animal, but then he heard a doorknob jiggle, police said.

The office door was partially open, and Moore saw a person jump over a counter, Muskegon County Sheriff's Detective Sgt. James Christiansen said following the incident.

The owner got his shotgun, and when the intruder didn't freeze, he fired once, police said.

Scott Lamb, 17, of 1879 S. Maple Island, was hit in the shoulder area by the blast from the gun that was loaded with birdshot, according to police. His condition at Hackley Hospital had improved to "serious" this morning.

Tague said Lamb was to be charged today with breaking and entering of a building.

"The investigation revealed that both the suspect and the store owner gave the exact same description of what occurred inside the store," Tague said. "That also was corroborated by the physical evidence at the scene."

Tague said the 50-year-old store owner "has the right to defend himself with whatever force was necessary if he fears for his safety."

The suspect broke in, Tague said, and police reported that the teen-ager was dressed in camouflage clothing and dark boots. The teen-ager, who removed some metal siding to gain entry, also carried a loaded pellet gun, police said.

Christiansen said that, after the shooting, Moore immediately called 911 and got a blanket to cover the teen and tried to comfort him until authorities arrived.