From the Santa Cruz Sentinel of October 22, 2005
P.V. landowner fires at trespasser(Much more, with a good representation of California’s attitude towards self-defense, e.g., "You always run the risk of something going wrong when you introduce a firearm into a property crime, ..." and “…build a fence...”
A Pajaro Valley landowner says he is fed up with being a repeat victim of theft, and that’s why he shot at a suspected thief earlier this week.
Detectives from the Santa Cruz County Sheriff’s Office are trying to determine whether Bill McGrath, 51, who lives on Casserly Road, justifiably fired his shotgun at a pickup truck driven by a man he had confronted and attempted to detain while waiting for deputies.
McGrath said he heard the truck drive into his yard about 4 a.m. Tuesday and watched as the driver got out and walked into one of the flower fields surrounding his farm. So McGrath grabbed his 12-gauge shotgun, told his wife to call 911 and hurried outside to confront the trespasser.
He said he told the man, who was back in his pickup, to turn off the engine and wait for deputies. Instead the man in the pickup tried to run him down, said McGrath, who fired and hit the truck’s radiator before the man sped off.
As deputies probe the incident, McGrath’s neighbors say they would have done the same.
"The problem is (the sheriff’s deputies) can’t get here in time so if we don’t do anything, they (criminals) just load our stuff and leave," said McGrath, a former farmer who now does engineering work.
Deputies were dispatched to the McGrath farm after the call from McGrath’s wife, who reported her husband was holding the suspect at gunpoint. The trespasser had already fled, apparently unharmed, and nothing was taken, sheriff’s Sgt. Fred Plageman said.
Deputies confiscating the shotgun.
"(The gun) was seized as evidence at the time because all the facts and circumstances were not clear," he said, adding deputies have since located the vehicle and owner of the truck.
Sheriff’s detective Henry Montes, who is in charge of the case, declined to comment further Friday, saying the investigation remains active.
From the Watsonville Register-Pajaronian of November 9, 2005
McGrath cleared of wrongdoing
An investigation has cleared William McGrath of any criminal wrongdoing in the shooting of a pickup truck on his Casserly Road property, though it might be a while until he gets his gun back.
When a deputy arrived at McGrath’s property after he had shot the radiator of a suspicious pickup that wandered up his drive in the middle of the night, officials investigated the visitors, whom McGrath suggested had criminal intentions. The deputies also took McGrath’s shotgun and began an investigation into whether his use of it had been legally justified.
On Friday, the investigation determined that McGrath acted lawfully, said Sgt. Mario Sulay of the Santa Cruz County Sheriff’s Office. However, a state law enacted Jan. 1 requires the owner to apply to the California Department of Justice to recover any firearm taken by police. The DOJ then determines if the applicant is eligible.
(Much more about Mr. McGrath‘s travails trying to recover his weapon)
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