Tuesday, January 31, 2006

Oakland, California

From Oakland’s InsideBayArea.com of January 31, 2006
Prosecutor: Shooting was self- defense

Ex-con avoids murder charge; cops seek gunman in retaliatory attack that killed two, hurt three

An ex-convict will not be charged with murder for a Jan. 18 killing police believe sparked a retaliatory attack last week that left two people dead and three wounded, authorities said Monday.

Police said prosecutors have determined Derrick "Dirty D" Knockum, 39, acted in self-defense when he fatally shot Purnell Brewer, 26, of Berkeley in the 2000 block of East 26th Street.

Knockum was charged with being a convicted felon in possession of a gun and violating parole.

On Monday, witnesses to the shooting confirmed that both Knockum and Brewer, who were longtime friends, had guns, homicide Sgt. Ersie Joyner III said.

Joyner said Knockum "had a legitimate fear he might be shot" and defended himself.

The dispute started because Knockum was angry with Brewer over the way Brewer drove up to the East 26th Street site, an area where Brewer sold drugs, Joyner said.

Police believe that killing prompted a drive-by shooting about 8:40 p.m. Thursday in the 2700 block of 22nd Avenue near a recreation center, where Knockum occasionally hung out. Two people died, and three were wounded.

Killed was Knockum's 19-year-old nephew, Willie Clay, and Knockum's close friend, Willie Jason Williams, 31, both of Oakland.

Police said the gunman probably did not know that about the time he opened fire on the group, Knockum, who is on parole for robbery, was admitting his involvement in Brewer's death to Joyner and Sgt. Brian Medeiros at police headquarters.
Buffalo, New York

From the Buffalo News of January 31, 2006
Employee's gun taken during store robbery

Only an employee's gun was taken at 11:45 p.m. Sunday during a robbery at a Genesee Street convenience store, police reported.

Ferry-Fillmore District police said a masked man jumped over the counter in the store at 2183 Genesee St. and ordered the employee to "give me that gun."

During a brief struggle, the employee suffered a cut on his right elbow, plus bruising and swelling.

Monday, January 30, 2006

North Augusta, South Carolina

From the December 3, 2005 Augusta Chronicle:
A Pickens, S.C., man was fatally shot the driver of a Suzuki Sidekick on Saturday afternoon during a road-rage argument that resulted from a fender bender on West Martintown Road, according to law enforcement.

North Augusta Department of Public Safety Detective Tim Thornton said authorities aren't sure whether Clarence Shehan, 51, will face criminal charges.


Police said the incident started when Mr. Sharrock rear-ended a trailer that Mr. Shehan was towing behind his Chevrolet Suburban in the 1100 block of West Martintown Road.

As Mr. Shehan stopped to assess the damage, Mr. Sharrock pulled up next to him and the two spoke, Detective Thornton said.

Mr. Sharrock then left the scene of the accident.

Following him, Mr. Shehan reached for his cell phone to report the incident, but before he could dial authorities, Mr. Sharrock stopped abruptly in the eastbound lane of West Martintown Road near Knobcone Drive, police said.

Mr. Sharrock got out and approached Mr. Shehan's window, Detective Thornton said.

"The way I understand it, Mr. Shehan was never able to get out of his car," he said.

Detective Thornton said Mr. Sharrock began choking Mr. Shehan, who took his .45-caliber pistol from his glove box and shot Mr. Sharrock, Detective Thornton said.

Mr. Shehan then dialed 911, he said.

"He pretty much said, 'I've just shot somebody,'" the detective said.

Authorities found Mr. Sharrock lying face down on the road, Detective Thornton said. He did not have a weapon.

"It's just unclear at this point whether Shehan acted in self-defense or otherwise," Detective Thornton said. "We're going to make sure we understand what happened to the best of our knowledge before we pursue any criminal charges."
No subsequent news coverage.
Houston, Texas

From Houston’s ABC13.com of January 30, 2006
Homeowner fights back against fake officers

Three armed men posing as police officers tried to make their way into a home near Memorial Park but the homeowner fought back.

Police say that around 3am Monday, three men walked up to a home on Kiam near Arabelle and started banging on the front door claiming they were police officers. Someone in the home fired a shotgun at the men outside and then one of the men outside fired back.

The homeowner was hit in the shoulder. The three suspects took off.

Sunday, January 29, 2006

Texas City, Texas

From the Galveston County Daily News of January 29, 2006
Homeowner shoots, kills intruder

A 26-year-old Texas City man was shot and killed late Friday night after he apparently mistook someone else’s home for his own.

Texas City police Sgt. Brian Goetchius said David Wayne Stewart was shot after he kicked in the door of a home in the 900 block of 26th Street North around 11:30 p.m. Friday.

Police said they believe Stewart, who was walking home after picking up some food at a nearby fast food restaurant, was intoxicated and was trying to get into the wrong house.

Stewart’s own home is just blocks away, police said.

Texas City police received a call from a woman saying her husband had just shot someone trying to break into their home. When police arrived, they found Stewart lying inside the front doorway.

Goetchius said the 74-year-old homeowner fired a single shot from a handgun.

While an investigation is ongoing, it is unlikely the homeowner will face any criminal charges.

“We believe it was a justified shooting,” said Goetchius.

Saturday, January 28, 2006

Chattanooga, Tennessee

From the January 27, 2006 Chattanoogan:
A man who was being robbed at a motel on Airpark Drive got the gun away from the young robber and held it on him until police arrived early Friday morning.

Police said the man who was being robbed was shot in the hand during the struggle.

A 17-year-old black male was taken into custody.

Members of the Chattanooga Police Department’s Burglary/Robbery Division are investigating the incident that occurred a little before 6 a.m. on the parking lot of the Extended Stay Motel at 6240 Airpark Dr.

Police said the victim was loading his vehicle when he was approached by the suspect, with a handgun, and he was ordered to give up his money. The victim complied, but the suspect wasn’t satisfied with the amount of cash he had received and began to look through the victim’s pockets.

During his search of the victim a struggle ensued and the victim was shot in the hand. The struggle continued and the victim was able to knock the gun out of the suspect’s hand. The victim then retrieved the gun and held the suspect at gunpoint until officers arrived.
Oklahoma City, Oklahoma

From January 27, 2006 KOCO channel 5:
A shooting in northwest Oklahoma City on Friday that resulted in the death of one man was justified, according to initial reports from metro police.

Officers said that a man broke into a home at 3101 NW Grand Blvd., when the owner of the home awakened from a nap and shot him.

Police said it does not appear that the resident will face any charges. They said it appears the shooting falls under Oklahoma's make-my-day laws, which allow residents to use lethal force on people breaking into their homes.
UPDATE: From January 30, 2006 KTEN channel 10:
Oklahoma City police have identified a man killed after apparently breaking into home last week as an Oklahoma City man.
Police say John Simmons the third was shot by James Petery after Petery confronted the man inside his house about 2 a-m last Friday.

Petery told police he was awakened by a loud noise and got a gun to investigate. He says he shot once when Simmons made a move toward him.
Kenai, Alaska

From the Anchorage Daily News of January 28, 2006
Jury acquits Kasilof woman in boyfriend's shooting death

VERDICT: John Clark was shot in self defense, Betsy Hester contended.

A Kenai jury acquitted a woman in the shooting death of her boyfriend.

The jury found Betsy Hester not guilty of murder in the death of John Clark, killed in 2003 at the mobile home the couple shared in Kasilof.

Hester, 53, was charged with one count of second-degree murder in the death of her boyfriend on Oct. 4, 2003. The Superior Court jury took little time to reach its verdict.

"This should never have come to trial," said defense attorney Jim McComas. "It's a crock and the jury told you that in two hours."

The defense argued that Hester had legitimate reason to believe she was in danger of suffering serious injury or death if she did not defend herself from Clark's attacks.

According to Hester's testimony, she and Clark had been drinking and arguing at the Decanter Inn in Kasilof before they returned home. Once home, the argument escalated and Clark slapped and hit her with his fist.

He then went to the kitchen. When he returned holding a knife and continued to threaten bodily harm, Hester shot him with a pistol Clark left in the living room.

In closing arguments, Seaton questioned the claim that the shooting was made in self-defense. He recounted Alaska State Troopers' testimony on the severity of the injuries observed on Hester in the two days following the shooting.

"(Troopers) noticed and photographed a scratch on the side of her face. John Clark had two bullet wounds ... and the defense had a scratch," Seaton said.

The defense argued that Hester did not have to wait until she was severely beaten to defend herself.

"What was she supposed to do? What is the state saying she was supposed to do?" Browning said. "Was she supposed to wait until she became another domestic violence statistic?"
Auburn Hills, Michigan

From the Detroit Free Press of January 27, 2006
Would-be robber flees when he's shown a pistol

A man who tried to rob an Auburn Hills market Wednesday -- by claiming he had a gun and demanding money from a clerk -- was thwarted by a store manager with a pistol, police said.

City police have not caught the would-be robber, who ran when he saw the gun.

Police said he was described as 6 feet 2, with shoulder-length black hair, wearing a black jacket, blue pants and white running shoes.

He had entered Harry's Market, at Opdyke Road and Walton Boulevard, at about 8 a.m., implied he had a handgun and demanded money, police said.

Friday, January 27, 2006

Washington, D.C.

From the Washington Post of January 27, 2006
Teen Bystander Wounded in D.C. Shootout

A 16-year-old bus passenger was wounded in the arm after a gun battle broke out between a liquor store owner and three robbers yesterday afternoon on a busy commuter route in Northeast Washington, D.C. police said.

The shootout took place about 1 p.m. after three masked robbers entered Rhode Island Liquors in the 1800 block of Hamlin Street NE, police said. Two of the men appeared to have guns, police said.

The men stole cash and ran out of the store while the shop's owner retrieved his own handgun, police said. As the robbers fled, the store owner opened fire, police said. They said the robbers apparently fired back.

One of the bullets pierced a Metrobus that was nearby on Rhode Island Avenue and hit the teenage passenger in the arm, police said. The youth was taken to a hospital where he was being treated last night. Authorities said his injuries were not life-threatening. No one else was wounded.

D.C. Police Cmdr. Jennifer Greene said that investigators were trying to find the robbers, who fled in a red Nissan Pathfinder. Detectives also were questioning the store owner last night. Authorities did not release the owner's name. No one answered the phone at the store last night.

Crime laboratory technicians were trying to determine which gun fired the bullet that wounded the teenager, and investigators were not sure last night how many shots were fired.

Greene said that investigators were also looking into whether the store owner possessed the handgun legally. District law prohibits ownership of handguns except for those who had the weapons before the restriction went into effect in the 1970s.
Spartanburg, South Carolina

From Spartanburg‘s WSPA.com of January 27, 2006
Spartanburg Store Owner Shoots Intruder

A store owner stands up against an armed intruder in Spartanburg County. And the alleged burglar ended up in the hospital.

The shooting happened early Friday morning at The Little Goodie Shop on North Church Street. Spartanburg County Investigators say two robbers broke in, one of them shot by the owner.

Officials say the other suspect still on the run. Investigators say they are looking for lavender four door Ford Taurus.

Thursday, January 26, 2006

St. Louis, Missouri

From January 25, 2006 KSDK channel 5:
KSDK-St. Louis Police say the shooting occurred about 10:30 Tuesday night near Nebraska & Wyoming.

Gunfire woke up Tamyka Seymore. "I heard the shots so I have children in the home, I was trying to get them down on the floor," said Seymore.

Outside her front door, police say the driver of Allen Cab 117 had just shot 16-year-old Roosevelt High School junior Corey Blanks Jr.

Police say Blanks, armed with a sawed off shotgun, tried to rob the cabbie, but the driver pulled out a hand gun, shooting and killing the teen.

Blanks' cousin says the family wants justice. "He needs to pay the price for what he did, he did it, and he got away with it this time. Who's to say he wouldn't try to get away with it again," said Tracy Rucker, his cousin.

Early Wednesday morning, police made phone contact with the cab driver in the 1200 block of N. 15th and took him into custody.

But NewsChannel 5 has learned he passed his criminal background check to drive a cab for the city of St. Louis, even though he's a convicted felon on probation for unlawful use of a weapon.

NewsChannel 5 has learned prosecutors will not charge the cab driver with shooting the teen. However, he may face charges for possessing a weapon as a felon.
Miami, Florida

From the Miami Herald of January 26, 2006
Jury clears homeowner who took cop for intruder

A jury took less than 30 minutes to determine a homeowner did no wrong when he shot a police officer two years ago.

A little more than two years ago, Mario Barcia Jr. was awakened in the dead of night by banging on his door. Startled -- and shaken from two previous robberies -- he grabbed his gun and ran to the front of the house.

Within a matter of seconds his life would change forever. Seeing what he described only as a bright light shining through his back door, Barcia fired a single shot.

Five shots were returned. Then Barcia fired twice more.

His first shot had hit Miami-Dade County police officer Chad Murphy in the back.

Barcia was arrested and charged with attempted first-degree murder of a law enforcement officer, a crime that could have left him imprisoned for life. Murphy, wearing a flak jacket, survived with a bloody bruise.

On Wednesday, it took a Miami-Dade County jury less than 30 minutes to decide Barcia did nothing wrong in shooting Murphy, who had entered Barcia's property without permission or a warrant.

But the cost to Barcia, a former Miami-Dade County Family Court clerk, and his family has been substantial: In the past two years Barcia has lost his job and his home, and had to serve house arrest while watching his now-19-month-old son grow.

Still, between hugs from family members on the third floor of the county criminal courthouse, Barcia said he holds no grudge against the state for pressing forward on what he considered an unfair case.

''I'm just glad it's behind me,'' he said. ``They were just doing their jobs. I just wish they'd have been honest.''

(More detail)

Wednesday, January 25, 2006

Montgomery, Alabama

From the Montgomery Advertiser of January 25, 2006
Homeowner shoots alleged burglar

A homeowner in the Capitol Heights neighborhood apparently surprised an alleged burglar today and shot him to death, according to police.

Montgomery Police Department spokesman Lt. Huey Thornton said the burglary occurred in the 2300 block of St. Charles Ave., after the homeowner came home and discovered his belongings had been disturbed.

Thornton said the homeowner came across the alleged burglar and shot him.

The body was discovered at 2204 Winona Ave.
Geneva, Alabama

From Dothan’s WTVYnews.com of January 25, 2006
Geneva Man Shot

A Geneva man is recovering at a Dothan hospital after being shot in the knee.

The shooting happened around Monday night at a home off Stephen Ferry Road.

Reports indicate Latisha Boyette called police to report her ex-husband, Scott Boyette, had broken into her home.

Moments later she told dispatchers she had shot Boyette with a shotgun.

Authorities located the shooting victim driving his pick-up truck and took him to the hospital.

The shooting remains under investigation by the Geneva County Sheriff's Department.

So far, no charges have been filed in the case.
Lauderhill, Florida

From the Miami Herald of January 25, 2006
Lauderhill woman shoots home intruder

A Lauderhill woman shot an elderly intruder in the stomach, after he broke into her two-story townhouse apartment early Wednesday morning and refused to leave, Lauderhill police said.

One of the woman's three young children first spotted the man inside their home, at 5925 N.W. 23rd Street, around 6:30 a.m..

The child told their mother, who demanded that the man leave. When he refused, she shot him, police said.

Someone inside the home then called 9-1-1, and the man was transported to Broward General Medical Center in stable condition, police said.

It is not clear that anything was stolen from the home, and no charges have yet been filed in connection to the case. Lauderhill detectives are continuing their investigation.
From the Miami Herald of January 26, 2006
Mom of 4 shoots 'naked' intruder

A woman shot a man in the stomach early Wednesday after he removed his clothes, entered her Lauderhill town house and refused to leave.

Michelle Carroll was upstairs in her Lauderhill town house when she heard her 7-year-old son yell that there was a man in the house.

Carroll rushed downstairs to see a naked man sitting on a chair in the first floor of the home, her family later said.

The man wouldn't leave, and she pulled the trigger of her handgun.

The bullet struck the man once in the stomach.

''She asked him to leave several times and then he wouldn't leave,'' said her cousin Lindey Carroll. ``He walked toward her, and she shot him.''

Someone inside the house called 911. The man ran and was outside the house when rescue workers arrived, police said.

The unidentified intruder was taken to Broward General Medical Center, where he was listed in stable condition late Wednesday, said Lauderhill police Lt. Tundra King.

Police would not release the man's name on Wednesday. Detectives were interviewing the man and were trying to speak to his relatives, King said.

Police said they don't know how the man got into the beige, two-story town house in the 5900 block of Northwest 23rd Street.

The woman lives in the home with her four children, between the ages of 7 and 14.

While state records show a Michele R. Ware listed at the woman's address, family members said her name is Michelle Carroll. Police would not confirm her name.

Investigators were looking into whether one of the children in the home may have left a door or window unlocked.

When Michelle Carroll came downstairs, the front door was open, a family member said.

''We don't see any signs of forced entry,'' King said.

Police said they could not confirm that the man was naked, but bloody clothes were found outside on the sidewalk near the town house. The man did not know her, King said.

''She was protecting her kids,'' Lindey Carroll said.

Michelle Carroll was too upset to talk about the incident, Lindey Carroll said.

``She's just trying to calm down and settle down. She is scared.''

It was unclear whether anything was stolen from the home, and no charges had been filed as of Wednesday night.

The incident occurred in a safe neighborhood full of families, said Marie Egleton, whose mother lives on the street.

''It's a lot of families that live down this row, and everyone looks out for everyone's children,'' she said.
From the Miami Herald of January 28, 2006
Intruder shot inside home was confused

A man who was wounded when he refused to leave a Lauderhill home was missing from his group home.

The 68-year-old man who was shot by a homeowner when he entered her home was mentally confused and came from a nearby retirement home, Lauderhill police say.

Jack Teitelbaum, who had been at the Retirement Life Center at 5640 NW 28th St., had taken off some of his clothes and shoes and wandered down to Michele Ware's townhouse less than a mile away.

When Teitelbaum wouldn't leave, Ware grabbed a handgun and shot him once in the stomach area, according to Lauderhill police Lt. Tundra King.

Teitelbaum was in good condition late Friday at Broward General Medical Center.

There will be no charges in the case, King said.

''We don't feel the gentleman was aware of where he was and what took place,'' King said.

``The young lady wouldn't have known he had mental health issues. It's a sad story on both ends.''

Workers at the home had noticed Teitelbaum was missing and called police.

Several assisted living facilities are in the same area of Lauderhill. They allow residents to come and go as they please, King said.

When residents get lost, they are reported missing.

''If they are gone for several hours, normally the workers are pretty good about reporting them missing,'' King said.

How Teitelbaum got inside Ware's two-story townhouse is unknown, she said.

Four children were inside the townhouse getting ready for school about 6:40 a.m. Wednesday. Ware's son came downstairs and saw Teitelbaum sitting in a living room chair.

His pants were around his ankles, and he was wearing a long T-shirt, King said.

'She says, `Get out. Get out. What are you doing here? Get out.' And he just stood there,'' King said.

Ware got her Glock 9 mm handgun, closed her eyes and fired one shot.

Someone called 911 to report the incident just before Ware fired, King said.

Eventually Ware got on the phone, saying she had shot Teitelbaum and asking for the police.

Teitelbaum remembers nothing of the incident.

''Now we kind of understand why. We don't know if he even understood anything she was telling him,'' King said.
Kansas City, Missouri

From Kansas City‘s KCTV.com of January 24, 2006
Police: Man Accused in Death of Cohort Shot by Victim

There's been a major break in a case, according to police.

Police have arrested a man who was shot and wounded, allegedly while trying to hold up a woman for gold rims.

Tony Rolf, 19, was accused of storming into a Kansas City house, and together with his cousin holding a woman at gunpoint over a car - a Monte Carlo with tricked out gold rims.

What they didn't know was that the woman's boyfriend was about to defend her and their property. He fired several shots at Rolf and his cousin, hitting them both, according to police.

Rolf's cousin, 19-year-old Ronnie Frederick, died at a hospital. Rolf was treated for a shot to the arm and released.

Investigators said he refused to cooperate with them, saying they'd been victims of a drive-by shooting on Prospect Avenue.

Ballistics cracked the case, according to authorities.

Investigators said the bullet pulled from Rolf's cousin's body matched the homeowner's gun.

Rolf was charged not only with two counts of armed criminal action and burglary but with second-degree murder as well because his cousin was allegedly killed in the commission of a felony.
Queens, New York

From New York’s WNBC.com of January 25, 2006
Attempted Armored Truck Robbery Leads To Shootout

Police in Queens said they were searching for two gunmen after an attempted armored truck robbery led to a shootout.

The incident occurred at 130th Street and 23rd Avenue in College Point. The would-be robbers didn't get away with any money, but did exchange fire with the armored vehicle's crew.

Police said an armored car went to do a pickup at a bakery, and went to the back, where some tractor-trailers were parked.

A 43-year-old female guard got out of the passenger seat, then knocked on the door. When there was no answer, she walked back to the truck. While walking back, the gunman jumped out from under the tractor-trailer grabbed her from behind and then put a gun to her head, demanding money. The second guard, described as a 50-year-old man, got out of the vehicle, at which point a second gunman came out from under the tractor-trailer and began firing. The driver of the armored car returned fire.

The gunman who was holding the female guard threw her to the ground. The female guard then fled. The driver of the armored vehicle took cover while the gunmen continued to fire shots. It is unknown how many shots were fired.

Police said the only description they had so far was that the gunmen were either white or Hispanic.
Tulsa, Oklahoma

From Tulsa’s KOTV.com of January 25, 2006
No One Hurt After A Shooting Overnight In Tulsa

Tulsa Police are investigating an overnight shooting incident. It happened near Pine and Delaware Place. Police say an exchange of gunfire means a close call for a couple.

Around 1:30 AM Wednesday, someone went to a home and opened fire. They shot up cars and the house. Someone inside returned fire, and the suspects left.

One bullet hit a house across the street. It landed in a mattress where a couple was sleeping.

No one was hurt, and Tulsa Police are investigating.
Springfield Township, Ohio

From Cincinnati’s ChannelCincinnati.com of January 25, 2006
Robber, Clerk Exchange Fire After Robbery

Clerk Claims Four Hits On Robber

A robbery at a Springfield Township convenience store ended in gunfire Tuesday night.

Officers said a man entered the Kwik-N-Kold store on Daly Road at about 9 p.m., aimed a shotgun at a clerk and demanded money.

The clerk gave the man money, but as the gunman left, another clerk followed him into the parking lot and opened fire on him.

The robber returned fire, but didn't hit either clerk. The clerk told investigators that he hit the robber with four shots, but officers said no gunshot victim appeared at any area hospital overnight.
Toledo, Ohio

From the Toledo Blade of January 25, 2006
Man arrested for alleged role in home invasion

A Sylvania man was arrested yesterday for his alleged role in a Springfield Township home invasion that resulted in Lucas County's first homicide of 2006.

Michael Madrid, 24, of 6500 Cornwall Ct., was charged with one count of complicity to aggravated robbery. He was being held in the Lucas County jail pending arraignment in Sylvania Municipal Court.

The Lucas County Sheriff's Office said several people entered 8965 Old Airport Hwy. about midnight Friday through a back door and confronted the renter, Josh Bennett, 21, and his girlfriend.

One of the suspects fired two shots; Mr. Bennett fired back, hitting two of the suspects - John Reece, Jr., 29, of Toledo, who was shot in the back and died Friday morning in the Medical University of Ohio Medical Center from extensive internal bleeding, and Brandon Klein, 24, of North Toledo, who was shot in the thigh and buttocks and treated at MUO Medical Center.

Mr. Madrid is one of three people charged in the home invasion. Six people are believed to be involved. Jose Juan Hernandez, 24, of Toledo, and Mr. Klein were both charged with one count of aggravated robbery.

No charges have been filed in the homicide.
From the Toledo Blade of January 27, 2006
5 are indicted after death of alleged crime partner

Five men whose alleged accomplice was shot and killed when they exchanged gunfire with the occupants of a home they were allegedly attempting to rob of drugs and money were charged yesterday in the man's death, authorities said.

A Lucas County grand jury handed up indictments in the Jan. 20 fatal shooting of John Reece, Jr., 29, and the break-in and robbery at a residence in Springfield Township where Reece and another man were shot.

Jose J. Hernandez, 24, of 453 1/2 Walden Ave.; Brandon Klein, 24, of 1021 Ontario St.; Michael Madrid, 24, of 6500 Cornwall Court, Sylvania; Brian Hartford, 31, of 452 Walden; and William Klink, 25, of 1950 Ashcroft Drive, were indicted on one count each of involuntary manslaughter, aggravated robbery, and aggravated burglary.

Reece, of 871 Colburn St., and Mr. Klein were shot when they and the four other defendants entered a house at 8965 Old Airport Hwy. with the intention, authorities said, of robbing the occupants of drugs and money.

County sheriff's detectives said the intruders confronted Josh Bennett, 21, and his girlfriend, Jody Lnu, pointing a gun and firing two shots, one of which went through the front window.

Detectives said Mr. Bennett grabbed a 357-caliber handgun and returned fire, hitting Reece in the back and Mr. Klein, who was struck in the buttocks and thigh.

He said a decision hasn't been made whether to seek charges against Mr. Bennett for the shootings.

"I think it is highly unlikely that a grand jury would indict someone for shooting someone in their own house, especially after someone shoots at them," Mr. Weglian said.

However, Reece's father, John Reece, said he believes the person responsible for firing the gun that killed his son should be charged.

"In my opinion, he was in the wrong, too," he said.

Tuesday, January 24, 2006

Bakersfield, California

From Bakersfield’s TurnTo23.com of January 24, 2006
Home Invasion Turns Deadly For Robber

A home invasion robbery went awry for three intruders late Monday night, leaving one dead following a gun battle with the home owner.

The shooting happened at about 10 p.m. Monday.

The Bakersfield Police Department said it received a 911 call from a home on Kearney Drive in northwest Bakersfield; the caller said shots had been fired.

When police arrived, they found one man dead on the front lawn of the home and another man with several gunshot wounds. A third suspect had fled on foot.

Police said the three men broke into the home and assaulted an elderly man. They said he pulled out a gun and fought back.

The elderly man and one suspect have been taken to the hospital for treatment.
Miami, Florida

From Miami’s Local10.com of January 24, 2006
Police: Man Shot By Former Girlfriend's New Beau

A lover's triangle left one man in critical condition early Tuesday morning after his ex-girlfriend's boyfriend shot him, police said.

According to police, the victim brought a gun to a third-floor apartment at 275 N.E. 25th St. and confronted the boyfriend about his relationship.

The two men began to fight, and that's when the boyfriend shot his assailant in self-defense, police said.

Police took the boyfriend into custody. The victim is in critical condition at Jackson Memorial Hospital.

Their names have not been released.
Reno, Nevada

From Reno’s KRNV.com of January 24, 2006
Home invasion victims fight back, prevent robbery

Two victims in an attempted home robbery scared away their intruders Monday night when one victim pointed a gun at one of the suspects.

Police say two suspect tried to open the door on a home on Holcomb Avenue. One resident heard a noise and opened the door.

The suspects then pushed their way into the home, grabbing on victim by the throat and demanded money. One suspect went to the back bedroom where a female victim pointed a hand gun at the suspect, scaring both suspects away from the home.

The first suspect is described as a white male in his 50s, 5'10'', 150-160 pounds, with brown wavy hair.

The second suspect is also a white male, but in his 20s, 5'11'', 170 pounds, wearing a dark hooded sweatshirt and carrying a crowbar.

One of the victims saw the suspects dive away in a 1986 white Subaru station wagon with the Nevada license plate 983 TFF.

This is the second home invasion in which a home owner was able to protect themselves while frightening off the suspects.
Fort Wayne, Indiana

It appears the residents returned fire

From the Fort Wayne Journal Gazette of January 24, 2006
Suspect charged in Friday gunfight on Warsaw Street

A man arrested Friday after a Warsaw Street shootout has been charged in connection with the shooting, which injured two people.

Police arrested Antwan T. Walker, 25, of the 5000 block of Gaywood Drive, Friday on preliminary charges of criminal recklessness and being a serious violent felon in possession of a handgun. Additional preliminary charges of possession of a firearm by a domestic batterer and possession of a handgun without a license were later added.

According to an affidavit of probable cause, Walker admitted to having a .40-caliber handgun and that he fired it during a gunfight in the 2500 block of Warsaw Street that injured two people. Police found .40-caliber shell casings on the porch of a home on Warsaw Street.

Police were called to 2524 Warsaw St. at 2:19 p.m. Friday on a report of shots fired. They found Julius Arrington suffering with a gunshot wound to his buttocks, and a round grazed Shanisha Parrish’s forehead inside that home, court records said.

Police burst into 2531 Warsaw St. about 3 p.m. and took Walker into custody. Walker was taken to police headquarters and told detectives that after the shootout he gave the gun to his girlfriend, according to court documents.

The girlfriend told investigators that Walker handed her the gun and she placed it inside a dryer pipe, where police later recovered the handgun, court records said.

Walker has criminal convictions that prevent him from legally possessing a handgun. He was released from federal custody in August after a March 2001 conviction for possession of cocaine. Walker also has a prior misdemeanor conviction for domestic battery in Allen County from 1999, court documents said.

He was released from custody late Monday night on bond.

Monday, January 23, 2006

Houston, Texas

From Houston’s ABC13.com of January 23, 2006
Homeowner fights back against armed intruders

A northwest Houston father fought back and killed an armed intruder.

The final straw came when one of the home invaders grabbed his 12-month-old daughter and threw her down the stairs. Police say three men forced their way into the home of a man at an apartment complex on W. Tidwell near W. Sun Forest. The armed men demanded money.

The victim first tried to stop the men with a steak knife. The men grabbed a child in the home and threw the toddler down the stairs. The toddler is OK.

One suspect pulled a gun but the victim was able to get it away from him and shot him. Then the suspect pulled a second gun and the victim got it away from him and shot him again, killing him. Police say the other two men fled the scene.

"The two suspects are known to the complainant. The dead man is not known to the complainant. They left the scene before police arrived," said Officer Philip Yochum with the Houston Police Department.

Investigators say the victim knew the two suspects who got away and that both the victim and suspects are Katrina evacuees. Police aren't sure if the dead suspect is an evacuee as well.

Sunday, January 22, 2006

Wausau, Wisconsin

From the Wausau Daily Herald of January 22, 2006
Intruders beware: Victims of burglaries could be armed

These days, Mark Dempsey is easily startled when he hears a sudden noise at his apartment.

Earlier this month, noises at his apartment door turned out to be the sound of would-be burglars. Two teenagers were trying to pry their way inside his home at 1107 Cleveland Ave. on Jan. 10.

Dempsey, 52, shouted out the first thing that came to his mind. He asked them if they wanted to get shot, and they ran away. A broken foot prevented Dempsey from running after them, and they haven't been caught.

During the month of December, Wausau police investigated two attempted burglaries to homes and one to a business. Police received reports of 11 burglaries in the city last month, including six to homes.

Dempsey has a warning to potential burglars, and not just to the ones who tried to break into his apartment: Besides hurting the victims of your crime, you could be putting your own life in jeopardy.

As the owner of a pistol, Dempsey realized that when he felt threatened his thoughts immediately went to his weapon. He never would have chased after the teens and fired shots at them. But if they had gotten inside and threatened his life with a gun, it's hard to say, he said.

Saturday, January 21, 2006

Los Angeles, California

From January 13, 2006 KCBS channel 2:
Shots rang out after a thief robbed a jewelry store in the Grove Shopping complex Friday.

The heist happened at 200 Grove Drive at 5:30 p.m., LAPD Officer Jason Lee said. The store owner fired shots at the suspect after the robbery, Lee said.
Fort Bend County, Texas

From January 20, 2006 KHOU channel 11:
Fort Bend County Sheriff’s Office was called to the scene of a home invasion in the 20500 block of Somerset Hill Ct. at approximately 8:35 p.m. Thursday.

According to investigators, three armed males with ski masks forced their way into the residence in the Lakemont subdivision and demanded the victims lie on the floor.

The suspects ransacked the residence and took an undisclosed amount of cash and jewelry.

As the suspects left the residence a victim allegedly fired several rounds in the direction of the suspects. The suspects did not return fire and it does not appear anyone was injured.
Nashville, Tennessee

From January 19, 2006 channel 5:
A Metro Officer was patrolling near Rose Park Thursday evening when he heard gun shots and went to check into it.

The police officer drove up and found a man being robbed by two other men.

When one of the robbers pulled a gun and demanded money, the victim pulled out his own gun. Police say both fired shots and hit each other.

The second suspect got away.

The injuries of the two men are non- life threatening.
Wichita, Kansas

From January 17, 2006 KAKE channel 10:
Mason just got home from work.

He pulled into the garage, got out of his truck and headed to the door to go inside and meet his wife.

"I started to step up to the first step, somebody said mother "bleep" and they hit me in the back of the head with a pipe."

The victim's wife, Debi Georgiou Mason, says, "Don was face down on the floor with blood."

She says the three men all had handguns, masks, and were dressed all in black.

Debi tried to pull her injured husband into the house, but he was too heavy.

She ran down the street to get help.

In the meantime, Don Mason, trained in martial arts, wasn't about to let his attackers in his house.

"I rolled in under him and knocked him in the crotch and knocked him in the air four foot backwards."

Mason managed to knock all three to the ground.

Then he yelled to his wife to get the shotgun.

That's when the three attackers took off.

Mason says, "I hate to say it, but if my wife had handed me the gun I would have shot them to death."
Rancho Santa Margarita, California

From the January 17, 2006 San Jose Mercury-News:
RANCHO SANTA MARGARITA, Calif. - A homeowner shot a mountain lion in the back yard of a Trabuco Canyon home Tuesday and authorities then tracked down the wounded cougar and killed it.

The mountain lion fled from the residence into a ravine near an elementary school where by sheriff's deputies and state Department of Fish and Game wardens had no choice but to shoot it, said Orange County Sheriff's Department spokesman Jim Amormino.

"A wounded cat is an extremely dangerous cat," Amormino said.

The incident will be investigated to determine whether the initial shooting was justified, he said.

Resident Laurie Hill said she saw the 90-pound mountain lion in the back yard of her Cimarron Lane home at about 7 a.m. and her husband went to investigate. The residential area is next to Cleveland National Forest, about 30 miles southeast of Santa Ana.

Bill Hill, a former Stanton police officer and now a private investigator, told TV reporters he shot twice with his 9 mm pistol.

"I grabbed my gun and as I looked back, I'm looking about 20 feet, 15 feet from this cat and it sees me, crouches down, bares its teeth," he said. "I don't hear any growling or anything and at that time it started to move and I just instinctively cranked off two rounds at it. The first one I know I hit it because ... the way it jumped."
Peoria, Illinois

Even criminals can be victims. From the January 16, 2006 Peoria Journal-Star:
PEORIA - A South Peoria man who shot at people breaking into his house was indicted for being a felon in possession of a weapon.

Ronald D. Harris, 36, of 811 W. Thrush Ave. faces up to five years in prison if convicted of the charge. He is also eligible for probation.

According to police and court records, Harris was sleeping at his house at 11;40 p.m. Dec. 21 when he was awakened by a loud noise. He saw two people in his house, grabbed his gun and fired several times at the intruders, who ran out of the house, police said. He followed the would-be burglars out of the house and fired one more shot in the direction of one of the intruders.

Harris was arrested because he is a convicted felon and illegally had a gun, police said. He was previously convicted in 1994 for unlawful possession of a controlled substance with intent to deliver.

He told police he had the gun for protection. None of Harris's property was reported stolen, police said.
Berkeley, California

From the January 20, 2006 Berkeley Daily Planet:
Gunshots echoed along the 1400 block of Russell struck about 40 minutes after midnight Tuesday morning after an encounter between a resident and what a neighbor described as a would-be burglar.

Officer Rego said the incident began with a dispute between a woman and the suspect.

A neighbor who asked not to be identified said the woman had heard noises outside and when she went out to check, found a man attempting to burglarize her home.

The armed suspect followed the woman to the house, where another resident produced a firearm. The two exchanged shots, Rego said.

The suspect fled on foot as officers arrived. More units arrived, sealing off the area and the Richmond Police canine unit was called in to aid in the search.

The dog quickly located the man, who was taken into custody on suspicion of attempted murder, Rego said.

Friday, January 20, 2006

Clermont, Indiana

From the Indianapolis Star of January 20, 2006
Man storms into home of ex-girlfriend, is killed

Jeffrey B. Randle, 44, 1100 block of West 36th Street, died of a gunshot wound late Wednesday after he stormed into his former girlfriend's Clermont home and charged her male companion, police said.

The alleged shooter, Aaron Sterling, 44, was not arrested.

Randle knocked on the door to Marcelene Robinson's home in the 7600 block of Marabou Mills Way about 11 p.m. Wednesday, according to a Marion County Sheriff's Department report.

Robinson, 41, answered the door, thinking it might be her daughter. Randle, who police say was violating a protective order by visiting Robinson's home, saw Sterling and became enraged, according to the report.

He pushed through the door, knocking Robinson out of the way, and charged Sterling, police said. Sterling produced a .44-caliber handgun and fired one shot, which struck the victim in the groin, police said.Randle died at Wishard Memorial Hospital.

Robinson's 9-year-old granddaughter was in the home at the time and was not injured, police said.

Thursday, January 19, 2006

Lillington, North Carolina

From the Sanford Herald of January 19, 2006
Man dies after allleged car theft attempt

Sanford man was shot and killed early Tuesday while allegedly trying to steal a car from a home outside Lillington, according to Harnett County sheriff's deputies.

Ashley Demetrius Gilliam, 21, of 805 Rose St., Sanford, died around 4:40 a.m. Tuesday after being shot outside 3415 U.S. 421, Lillington. According to the report, Gilliam was allegedly trying to steal a car from that address, which is the home of Gary Nolan and Raquel Patterson Jackson. Gilliam was approached by Gary Jackson and his father-in-law Derrick Allen Byrd, who lived next door.

An altercation started and shots were fired. Gilliam was shot and killed.

By Wednesday, deputies had not filed any charges, although they said the investigation was still ongoing.

Deputies have not said whether they believe whether Gary Nolan Jackson or Derrick Allen Byrd was responsible for shooting Gilliam, or whether Gilliam was armed and if he fired any shots.

Court records in Lee County show that Gilliam had an extensive criminal record here. Dating back to 2001, charges include burglary, assault, possession with intent to sell marijuana, and multiple violations stemming from involvement in a widespread car-theft ring Sanford police uncovered in 2003.
Jacksonville, Florida

From Jacksonville’s News4Jax.com of January 19, 2006
Fatal Shooting In Brentwood Street Ruled Justifiable

Charges are being dropped against a man arrested last Thursday night after a fatal shooting in Brentwood.

Deounce Harden, 27, was arrested after calling police to report he'd shot someone and an officer arrived to find him standing over the body of Stevon Mitchell, holding a gun.

After further investigation, police said Harden was acting in self-defense and ruled the shooting justifiable under a new state law that allows the use of deadly force when a person is being threatened.

Investigators say Harden was dating Mitchell's ex-wife.

Mitchell, 34, died in front of his business, the World Wash Car Wash at the intersection of Golfair Boulevard and Birch Street.

Wednesday, January 18, 2006

Suffolk, Virginia

From Hampton Roads’ WAVY.com of January 18, 2006
Police: Suffolk Man Accidentally Shoots Five-Year-Old Son

Suffolk police are investigating after they say a father accidentally shot his five-year old son early Wednesday morning.

Officials say the man, hearing noises, thought an intruder was breaking in the family's home on Mill Pond Court just after 1:00 a.m. He called police to report the incident.

Before police arrived, the father was unloading his gun to put it away, when he accidentally shot his son. Police say the gun was a 9mm.

Police think siding ripped off and banging against the house by the severe weather that rolled through Hampton Roads was the source of the noise.

The boy was shot in the hip, and the same bullet hit his hand as well. He was rushed to Sentara Norfolk General Hospital with non-life threatening injuries and is expected to by [sic] okay.

Police say the shooting appears accidental, but the father may face a charge of reckless handling of firearm.

The incident remains under investigation.
Zanesville, Ohio

From the Zanesville Times Recorder of January 18, 2006
No charges brought in fatal shooting

A Fultonham man who was involved in a shooting last Thursday walked out of the county jail a free man after a grand jury declined to indict him.

Kenneth H. Brown, 61, was held at the Muskingum County Jail since last Thursday evening after he shot and killed his 53-year old neighbor, Billy E. Dodson, both of 8815 “B” Maysville Pike.

According to Chief Prosecutor Michael Haddox, Brown shot Dodson in the face with a 12-gauge pump shotgun after being attacked by Dodson.

“I would say the grand jury felt the shooting was justified,” Haddox said.

Brown had been charged with having a weapon under disability, but the grand jury did not indict him on that charge, either, Haddox said.

“Even though he is under the disability for the rest of his life, the grand jury apparently felt they did not have reason to charge him with even that,” Haddox said.

Brown had three prior violent convictions in Muskingum County, New Mexico and California which lead to the disability, Haddox explained.

“I still believe in our process,” Haddox said. “Our criminal justice system may not be perfect but it is the best and fairest in the world.”
Terre Haute, Indiana

From the Terre Haute Tribune-Star of January 18, 2006
BREAKING: Update in Tuesday night homicide

An armed robber was shot and killed Tuesday as he took money and drugs from a Terre Haute residence, Terre Haute police said.

About 8 p.m., Maurice Franklin, 30, entered the home of Kenneth D. Corona Jr., 21, in the 1400 block of Poplar Street. Franklin fired the first shot and Corona returned fire in self-defense, authorities said. Franklin was pronounced dead at Union Hospital.

Franklin's alleged accomplices, Heather E. Rogers, 19, of Terre Haute and Brandy L. Williams, 19, of Indianapolis were preliminarily charged today with felony murder, robbery and burglary during a probable cause hearing.

Corona was preliminarily charged with possession of marijuana over 30 grams and maintaining a common nuisance.

Tuesday, January 17, 2006

Salina, Kansas

From the Salina Journal of January 17, 2006
Man returns fire after shotgun blasts

No arrests made

When someone shot a 12 gauge shotgun into the ground near his home, Harold Strait, 34, 545 Saturn, returned fire Sunday morning with a .45 caliber semiautomatic handgun.

A neighbor called police to report gunshots at 2:35 a.m. Sunday, Deputy Chief Barry Plunkett said.

Officers recovered six .45-caliber shell casings and two 12 gauge shotgun shell casings.

Strait told police the shotgun shooter was in a red or maroon pickup truck. It was driven away after the shots were fired.

There were no arrests, but Plunkett said "a whole lot of investigation" is continuing.

Monday, January 16, 2006

Orange County, North Carolina

From Raleigh’s ABC11tv.com of January 16, 2006
Home Owner Shoots Would Be Robbers

Two Orange County women are recovering from bullet wounds after surviving a violent home invasion.

It began early Monday morning on Lipscomb Grove Church Road when two suspects kicked in the front door of a home, and shot the two women watching TV inside.

Marjorie Whitted, 50, and her 27-year-old daughter, Vicky both suffered bullet wounds to their legs.

Carlton Whitted, 62, was in the bedroom when the men broke in. "They be saying I been shot I been shot." P> The suspects tried to push their way into Carlton's bedroom but Carlton had other plans. "I seen my rifle sitting in the corner I reached and grabbed it and I turned the door loose." Whitted says he shot both men in the back as they tried to escape. "I was going to shoot them in the head that's when the bullets gave out to clicking. I went in there and reloaded and I don't know which way they went."

The shooters got away. Investigators used K9 units to track them.

The suspects turned up at Duke University Medical Center for their bulled wounds.

Whitted is just grateful his wife and daughter weren't seriously hurt. "I don't know what they were wanting."
Little Rock, Arkansas

From Little Rock’s KATV.com of January 14, 2006
Intruder Killed During Home Invasion

A Little Rock man was shot dead this morning after he and several other suspects broke into a residence.

It's the 5th homicide of the new year in Little Rock. It happened just after 2:00 this morning at the 9200 block of Hilaro Springs Road

According to police, the men broke in to the trailer because they wanted to find out who was driving one of the cars parked outside.

Authorities say four to seven men forced their way into this residence early Saturday morning, but by the time police got there, all the suspects except one had left.

(Sgt. Terry Hastings, Little Rock Police) "They found a person lying on the floor deceased he was wearing gloves and a mask."

Tremayne Beasley was shot after he entered one of the bedrooms. At that time, according to the police report, the owner of the trailer shot Beasley once in the shoulder and once in the stomach.

(Hastings)"The suspects then fled out of the trailer and left in an unknown direction."

Police say a women inside the trailer was also shot, but her injuries were not life threatening. At the time of the intrusion five adults were inside the residence.

(Hastings)"We know that these individuals were looking for particular person so we are not releasing any names of those involved here in the trailer, until we can get a better handle on exactly what these individuals were doing."

Right now no charges have been filed against the owner of the trailer for shooting the intruder.

Saturday, January 14, 2006

Tulsa, Oklahoma

From Tulsa’s KOTV.com of January 14, 2006
Attempted Robbery Turns Deadly

A 15 year-old robbery suspect shot and killed by a store clerk in tulsa. Police say three teenagers tried to rob a flea market on north lewis this afternoon. A person working at the store shot one of the teenagers in the back after being assualted by the suspects when he refused to hand over the money. The suspects all left in a gray car.

Police caught up with them at an apartment complex not far from the store after one of the suspects mother called police. The injured suspect was transported, and later died at a local Hospital. He was 15 years old. Police are questioning the other suspects.
West Price Hill, Ohio

From the Cincinatti Enquirer of January 14, 2006
Resident, thieves in shootout

Pair fire on man who replies in kind; no one hurt

George Jones Jr. saw two people breaking into cars Thursday near Pedretti Avenue and West Eighth Street.

"He was going to stop the thefts from the cars," said Cincinnati police Capt. Drew Raabe.

Instead, he sparked a gunfight around 10:30 p.m., police say.

Police say residents should call them if they see something suspicious. In other words, pick up the phone and not a pistol.

The car burglars shot at Jones, who was also armed and shot back.

"He fired three shots back at them," Raabe said.

Jones, 53, was not hit - neither were the burglars.

Police are looking for the two burglars and witnesses who may have seen the gun battle, Raabe said.

They are also investigating Jones' account of the shooting.

Efforts to reach Jones Friday were unsuccessful.

"We would rather they call the police," Raabe said. "I understand everyone has the right to protect their property ... but we would rather they call police."

A person who shoots a burglar can face criminal charges, regardless of whether it was self-defense. The person must prove to a jury he didn't provoke the incident, believed he was in danger of death or great harm and attempted to leave the situation, said Mark Piepmeier, assistant Hamilton County prosecutor.

Friday, January 13, 2006

Baton Rouge, Louisiana

From the Baton Rouge Advocate of January 14, 2006
Police say suspect shot breaking into home

A man was shot in the groin early Thursday as he tried to break through the door of a South Eugene Street home with a fire extinguisher he stole from a nearby dialysis center, authorities said.

Baton Rouge Police arrested Ronald Scott Murphy, 41, Friday after he was released from Baton Rouge General Medical Center-Mid City. He is being charged with two counts of criminal damage to property, unauthorized entry of an inhabited dwelling, misdemeanor theft and simple burglary, booking records show.

A detective responding to a burglar alarm about 12:55 a.m. at the FMCNA Dialysis Center at 2661 North Blvd. noticed a white cloud inside the building, said police spokesman Sgt. Don Kelly.

“While he was waiting for uniform patrol, he noticed a commotion across the street at a home,” Kelly said. “He saw a white male trying to break through the front door using a fire extinguisher.”

Someone inside the house then shot the intruder in the groin, Kelly said. Police could not confirm the suspect stole anything from the dialysis center besides the fire extinguisher, Kelly said.

The homeowner was not charged, Kelly said.

Thursday, January 12, 2006

Greeley, Colorado

From the Grand Junction Sentinel of January 12, 2006
Weld DA says no charges against teen or homeowner who shot him

No charges will be filed against a teenager who was drunk when he walked into the wrong home in a rural subdivision after he was injured in a single-vehicle motorcycle accident, or against the homeowner who shot the intruder, the Weld County district attorney said Thursday.

District Attorney Ken Buck said the evidence could not prove that Nathan Weathers, 19, knowingly entered the wrong home or intended to commit a crime inside the home.

Weathers' blood-alcohol content was measured at 0.185 percent at the hospital, and he was disoriented from the motorcycle accident and believed he was entering his own home, Buck said.

He also said the homeowner, James Haflich, was reasonably concerned about his safety and that of his wife, Cheryl Haflich, when he heard Weathers banging on his doors and windows and shot Weathers with a handgun, hitting him in the arm.

The Haflich's home is one block away from Weathers' home, Buck said.

The 1985 Homeowners Protection Act, known as the "Make My Day" law, provides legal protection to homeowners or residents defending themselves against harm.

The possibility of a drunk-driving charge against Weathers was still under investigation, said Thea Mustari, Buck's spokeswoman.
Spokane, Washington

From Spokane’s KXLY.com of January 11, 2006
Suspect injured in burglary attempt

One burglary suspect is nursing his wounds after a South Hill homeowner caught him and two other robbers rummaging through his garage.

It happened Tuesday morning when police say a man was awakened by a noise and confronted the thieves. Police say one of the suspects, Ron Walker, 17, opened fire with his pistol and the homeowner fired back.

Walker was later found hiding in nearby bushes and when he allegedly refused to show his hands, a police dog broke his forearm and bit his face. Walker was back at the crime scene Monday, sporting a splint and 15 stitches, helping police locate the pistol he ditched.

Investigators feel the homeowner's use of deadly force was justified.

Police also arrested Phillip Chen in connection with the crime. A third suspect is still at large.

Wednesday, January 11, 2006

Roanoke Rapids, North Carolina

From the January 10, 2006 Roanoke Daily Herald:
ROANOKE RAPIDS - A New Jersey man who was shot in the leg after he allegedly beat another man with a gun Friday was jailed on $50,000 bond, according to the Roanoke Rapids Police Department.

Howard Boone III, of Trenton, N.J., went to the 1800 block of Powell Street Friday around 6:44 p.m., and broke into a house where Travis Price was staying, Police Chief Greg Lawson said this morning.

Boone allegedly assaulted Price by hitting him with a gun, Lawson said. Outside the house the men exchanged gunfire and Boone was struck in the leg. He was taken to Halifax Regional Medical Center where he was treated and released. He was then placed in the Halifax County Jail and charged with first-degree burglary, assault by pointing a gun and communicating threats.

Price was charged with delay and obstruction and an alcohol violation.
Shreveport, Louisiana

From the January 8, 2006 Shreveport Times:
A 25-year-old Shreveport man was hurt after would-be robbers fired a shotgun at him early Saturday morning, Shreveport police said.

Quinton Geiggar was taken to LSU Hospital in Shreveport with a nonlife-threatening wound just above his left eye.

Geiggar stopped at a store in the 1900 block of Hollywood Avenue about 1:30 a.m. when four men in a blue Ford Crown Victoria stopped next to him, police said. One man yelled, "Give me your car," while another pointed a shotgun at him. Geiggar turned and ran for the store.

At least one robber got into Geiggar's car and started to drive off, police said. Geiggar than fired a handgun four times at the robbers. The driver of the vehicle slammed it into a telephone pole and fled with the others, but not before one of struck Geiggar with a shotgun blast.
Manassas, Virginia

From the Manassas Journal-Courier of January 11, 2006
Man bluffs his way out of robbery

It was a move more often used at a poker table than in everyday life, but one that luckily paid off for a 27-year-old Manassas man Sunday night.

He was walking in the 11200 block of Soldiers Ridge Circle in the Coverstone housing subdivision around 10:40 p.m. when a man came up to him with a knife, demanding his money, said Officer John Bogert, a spokesman for the Prince William County Police Department.

Not wanting to give up his money, the would-be victim decided to try a dangerous bluff, saying he had a gun although he did not. The robber became scared and ran off.

“It was a complete bluff,” Bogert said. “Luckily for the victim it worked out, but it was very dangerous. You never know what could have happened. The robber could have dropped the knife and pulled out a gun himself. In those cases, it’s best to just give the person what they want and then let the police handle it.”
Allentown, Pennsylvania

We post every story we find about legal gun self-defense by civilians, regardless of the outcome. Stories where the defender is not killed vastly outnumber those where the defender is killed.

From the Allentown Morning Call of January 11, 2006
Allentown merchant scares off thugs

But police warn against vigilantism, saying it could get you killed.

As he looked out the glass doors and windows of his Allentown store Monday night, Luis Polanco could only make out that three men dressed in black were attacking one of his employees.

Polanco could not see if the attackers on N. Eighth Street were armed, but he thought one was making a stabbing motion. That's when Polanco grabbed his 9mm handgun.

By stepping outside his Mundo 99-Cent Plus store with a weapon, Polanco became the second person in as many days to take matters into his own hands, perhaps signaling frustration over the months-long wave of Lehigh Valley robberies.

Sunday night, a man chased down another man who had just robbed him of his wallet at Seventh and Turner streets in Allentown, police say. The victim began the chase after discovering that the robber didn't have a gun, as he had said. Patrolmen saw the chase and arrested the robber.

No one was injured in either robbery, but that doesn't always happen. Just three weeks earlier, hairdresser Shirley Klotz confronted an armed robber inside her 15th Street Salon and was shot in the forearm.

Despite the impulse to fight back, law enforcement officials caution victims against resisting robbers.

''The bottom line is that no amount of money is worth dying for,'' acting Allentown Police Chief Roger J. MacLean said Tuesday. ''Vigilantism isn't the answer. We need eyes and ears in the community. Money can be replaced, but lives can't.''

Law enforcement officials emphasize that the best way to reduce the risk of being hurt is to cooperate with robbers. Victims should also get detailed descriptions so police can do their job.

Polanco said he had no time to wait Monday night and had to make a split-second decision to help his employee, 26-year-old Jonathon Garcia-Gonzalez, who was on the ground from the attempted strong-arm robbery.

When he went outside, Polanco, 33, said he realized the three men had no weapons, so he held his gun to his side and told them to back away from Garcia-Gonzalez, who was being choked by one of the men while the others tried to take his necklace and money.

Instead of backing away, two of the men lowered their hoods to conceal their faces and moved toward Polanco, who fired a bullet into the sidewalk and chased away the would-be robbers.

''When they came after me even when I had my gun out, I didn't know if they had guns of their own,'' said Polanco, who has owned the store at 116 N. Eighth St., between Linden and Turner streets, for almost two years. ''This is the first time I had to do anything like this. I've never had problems.''

Polanco is aware of the string of armed robberies that have plagued the Valley since the summer and of the violence in the city.

But he said he does not believe that business owners should arm themselves. MacLean agrees, saying that people need to call police immediately when they see something suspicious

''What we need is more unity among business owners,'' said Polanco, who has a license for his firearm. ''We need to be looking out for one another. The more eyes, the better. We wouldn't need guns if we did that.''

Tuesday, January 10, 2006

Garland, Texas

From the Dallas Morning News of January 10, 2006
Garland jeweler shoots at robbery suspect

A Garland jewelry store owner thwarted a Tuesday morning robbery after shooting at the gunman.

No one was injured in the shooting at Nasr Brothers Jewelry in the 1200 block of Northwest Highway, but the suspect got away.

The incident occurred about 10:20 a.m., shortly after owner John Nasr opened the store.

Store manager Claude Rizk said when he approached the suspect near the display cases at the front of the store, the man pulled out a gun and pointed it at him.

Upon facing the gun, "all I could think of was my little girl," Mr. Rizk said.

Seconds later, Mr. Nasr, who is a trained marksman, fired three shots at the suspect through a glass window in the store's jewelry repair room. The man ran from the store and fled in a white 1990s-model Cadillac with paper dealer tags and a broken right taillight.

Mr. Nasr said he used a .40-caliber Glock pistol that his girlfriend gave him for Christmas.

As he swept shards of glass off the floor, Mr. Rizk, a Catholic, glanced at a crucifix hanging over a door frame.

"That's what really saved us," he said.

Tuesday's incident marked the first attempted robbery at the 26-year-old store since 1989.

A May 2005 robbery attempt at another Nasr Brothers Jewelry store in Rockwall also ended in gunfire. Owner Louis Nasr fired at two suspects during that incident, hitting one in the chest. Both men were caught, pleaded guilty and were sentenced to more than 30 years in prison.

Mr. Rizk said he has worked at the Garland store for 18 years and is also a trained gun owner.

"We're from Lebanon," he said. "We're used to firearms."
Henry County, Georgia

From Atlanta’s WSBtv.com of January 10, 2006
Homeowner Shoots, Kills Intruder

Police are investigating a shooting at a Henry County home.

Ralph Merrell Morgan told police he discovered 41-year old Michael Ray Young trespassing on his property yesterday at 502 Rustic Road in Stockbridge.

The 39-year old Morgan claims when he confronted him, Young brandished a stick.

Police say Morgan then shot Young several times with a pistol.

Young was taken to Henry Medical Center where he died of his wounds.

Police are investigating the shooting, but no charges have been filed.
Chetek, Wisconsin

From the Chetek Alert of January 4, 2006
Clerk foils robbery attempt by firing shotgun at suspect

Authorities with the Barron County Sheriff's Department say that on Thursday, Dec. 29, at 12:33 p.m., they received a 911 emergency call from Trappers Crossing Bait and Liquor Store, located at 2534 8-1/4 Avenue in the Town of Chetek.

According to the call, two white males entered the store. One demanded money from the clerk while displaying a handgun. According to the sheriff's department, the clerk, Tomas Mulrooney of Los Angeles, Calif., removed a loaded shotgun from under the counter and fired one round in the direction of the suspect with the gun. Both suspects immediately fled the store, leaving in a dark green-colored truck.

The suspect was not hit or injured by the blast, and no money was taken.

Monday, January 9, 2006

Tampa, Florida

From Tampa‘s WFTS.com of January 9, 2006
Cops say tow truck driver fatally shot man during fight over car

A 30-year-old Tampa man is dead after being shot by a tow truck driver.

The shooting happened early Sunday morning near the Sugar Shack bar, located on Hillsborough Avenue and 56th Street.

The tow truck driver, 41-year-old David Montanez, had just towed a vehicle from the area. According to investigators, Montanez said that when the owner of that vehicle, 30-year-old Glen Rich, got into an altercation with him, he feared for his safety and fatally shot Rich in self-defense.

As of Monday morning, no charges had been filed.
From the ABCActionNews.com of February 3, 2006
Weeks later, tow truck driver charged in man's shooting death

Three weeks after a deadly shooting involving a tow truck driver and a father of five, murder charges have been filed.

Donald Montanez, 44, is now charged with second-degree murder. He's accused of shooting and killing glen rich last month near the sugar shack night club.

Investigators say Montanez shot rich when rich tried to stop Montanez from towing his car. Montanez reportedly told deputies that the shooting was self-defense, but investigators apparently disagreed.

Saturday, January 7, 2006

Val Verde County, Texas

From the Del Rio News-Herald of January 6, 2006
Frontera burglary foiled

Val Verde County Sheriff’s Office deputies and a U.S. Border Patrol agent have arrested a man and a boy after the two were found burglarizing a residence near the Mexico border.

In custody are a 15-year-old male juvenile who told officers he lived in Ciudad Acuña, Coah., Mexico, and Mario Leyva, 35, who said he lived in San Jose, Coah., Mexico, according to Val Verde County Sheriff’s Office Chief Deputy Terry Simons.

“They had both crossed the river into the United States to steal that night,” Simons said Thursday in an interview about the incident.

Simons said the sheriff’s office received a call alerting deputies to a “burglary in progress” at a residence in the 2800 block of Frontera Road, on the east side of the Del Rio Port of Entry, about 11:15 p.m. on Tuesday, Jan. 3.

“Deputies Chris Coplan, David Garcia and Deputy Ramiro Reyes, who had just gotten off duty and was on his way home, all responded to the call,” Simons said.

“When the deputies arrived, they learned that the homeowner had returned home, found his front door ajar, had gone inside and confronted two burglars in his residence,” Simons added.

The homeowner, Jose Martinez, grabbed a .22-caliber rifle just inside the front door of the residence and was holding the burglars at bay when the deputies arrived, Simons said.

Leyva gave up immediately, but the 15-year-old boy, wearing a leather jacket he had taken from one of Martinez’s closets, fled out a window, Simons said.

The chief deputy said U.S. Border Patrol Agent Josh Barrett, who responded to the Frontera Road address to assist the deputies with the call, arrived at the residence and told the deputies he had just seen a person matching the description of the juvenile walking west toward the port of entry.

“Deputy Garcia and Agent Barrett went to the bridge, saw the subject walking toward Mexico and were able to apprehend him before he exited the United States,” Simons said.

Simons said Leyva has been charged with burglary of a habitation. Simons said Leyva remains in custody, adding that the Border Patrol also plans to prosecute him for illegally entering the United States.

Simons said the juvenile also will be prosecuted for his role in the break-in and is currently being held in juvenile detention.

“This is the way it’s supposed to work, officers at the field level talking to each other and working together for the benefit of the citizens,” Simons said.

He said the Border Patrol agent and the deputies recovered about $1,000 worth of property, including tools, four custom vehicle wheels and a leather jacket.
Trotwood, Ohio

From the WHIOtv.com of January 6, 2006
Police: Business Owner Takes Action During Attempted Robbery

Police said four people tried to rob a local drive-through and the owner took action, shooting one of the suspects.

The robbery happened at the Cork and Brew on Salem Avenue around 11 p.m. Friday night. Trotwood police said a clerk was taking out the trash when four robbers appeared. They said at least one had a gun.

The robbers forced the clerk back into business and owner saw it all happen on security video. Police said the owner fired a shot at the robbers, hitting one who was a juvenile.

Authorities said the other suspects took off running, but police caught up with three of them.

The juvenile who was shot in the arm was taken to a local hospital. The other two were arrested.

Police continue to search for the fourth person.
Pantego, Pennsylvania

From the Wilkes-Barre Times-Leader of January 6, 2006
93-year-old scares off two robbers

Two would-be robbers figured 93-year-old Edward Cosgrove for an easy mark, but they ended up making his day.

The men fled after one scuffled with Cosgrove in the parking lot of a Pantego store last week and became convinced that Cosgrove was reaching for a gun.

One suspect, Damaris Lavar Trass, 22, of Arlington, was arrested on suspicion of aggravated robbery shortly after the Dec. 30 incident. The other remains at large.

Late Friday, Pantego police issued an arrest warrant for Willis Steve Demry, 28, who was living in Arlington but is from Minnesota, Capt. Sandra Blackney said.

Cosgrove said he was targeted when one of the men saw him use a $100 bill for a $12 purchase at Pantego Save-A-Lot grocery store, 2400 W. Pioneer Parkway. When he opened his truck door, a man accosted him.

“I looked up and a guy charged me and knocked me down on my back, and he reached around to grab my wallet,” said Cosgrove, who lives with his wife, Olga, 95, in Arlington, just outside Pantego.

While struggling to keep his wallet in his pocket, Cosgrove reached into his pickup and said he was going for his gun.

“I said, ‘If I can reach my pistol, I’m going to kill you,’ ” Cosgrove said. The man bolted for a nearby car, and the two fled.

Cosgrove didn’t have a gun.

“I was scared,” he said. “All I know is I had to do something. So it came to my mind about a pistol.”
Rancho Cucamonga, California

From the Los Angeles Times of January 7, 2006
Oxnard Man Who Broke Into Apartment Is Slain

An Oxnard man who broke into the bedroom of a Rancho Cucamonga apartment early Friday morning was shot and killed by one of the occupants — a prison counselor for the state Department of Corrections, authorities said.

The intruder, Hector Soto, 21, of Oxnard, died less than three hours after being shot and undergoing surgery at Arrowhead Regional Medical Center in Colton, the San Bernardino County coroner said.

The San Bernardino County Sheriff's Department did not release the prison counselor's name. He will not be charged, a spokeswoman said.

The break-in occurred about 2:50 a.m. Sheriff's homicide investigators said Soto opened a front window to enter the apartment in the 8400 block of Fir Street, and walked to a bedroom. The prison counselor fought with Soto and then pulled a pistol from his nightstand, sheriff's investigators said.

When Soto advanced, the prison counselor shot Soto one time, investigators said.
From the Wilkes-Barre (PA) Times-Leader of January 10, 2006
Man fatally shot after entering wrong home

An intoxicated man who was shot to death last week in an apartment mistook a neighbor's unit for his own and broke in when his key wouldn't work, authorities said.

Hector Soto, 21, had recently moved to the apartment complex and had been out celebrating his upcoming graduation from a trade school, his stepfather, Robert Ward, said Monday.

Soto was "fairly well intoxicated" when his friends drove him home early Friday, said San Bernardino County Sheriff's Sgt. Tom Bradford. All the buildings in the complex look the same, he said.

Soto got into the wrong apartment through an open front window and headed to the bathroom, where he encountered the resident, a 65-year-old state prison counselor, authorities said.

They scuffled and the resident, thinking Soto was an intruder, shot him once. The shooter will not be charged, Bradford said.

"It's tragic. A real mess," he said. "I don't believe Soto intended to hurt anybody."
Huntsville, Alabama

From the Huntsville Times of January 7, 2006
Man shoots teen intruder

Two greeted by gun after bedroom door kicked open

A 22-year-old man confined to a wheelchair shot one of two teenagers who broke into his Boxwood Court apartment Friday.

A 16-year-old boy was in surgery at Huntsville Hospital late Friday for multiple gunshot wounds to the leg, said Sgt. Michael Walker of the west precinct. Investigators say the teen will be charged with first-degree burglary upon his release from the hospital.

Walker said a 15-year-old boy also was charged with first-degree burglary and taken to the Neaves Center, a juvenile detention facility. Police did not release the name of the burglary victim. No charges will be filed against him for shooting the intruder, Walker said.

The burglary victim told officers he had just returned home from work at the University of Alabama in Huntsville about 5 p.m. The man said he was in his bedroom when he heard a noise and looked outside the window to see two people climbing through another bedroom window, Walker said.

The man called 911 just before the two teens kicked open the bedroom door, police said. When the teens kicked open the door, the man opened fire with a semi-automatic pistol, Walker said.

The 16-year-old boy was hit and the 15-year-old boy ran out the front door, he said.

Tristan Hayden, 21, was in the apartment complex office when he saw a police officer chasing one of the suspects through the courtyard.

"I looked out the door and saw an officer chasing a guy and told him to stop but he kept on running through here," Hayden said. "Then what seemed like 10 police officers showed up."

Officers caught the 15-year-old suspect on Boxwood Court, just outside the complex.

Friday, January 6, 2006

Tacoma, Washington

From the January 4, 2006 News Tribune:
An unpaid bill for $20,000 worth of sex acts apparently led to a confrontation Monday that injured a Wollochet Bay-area man and left one of his suspected attackers hospitalized with a gunshot wound.

Pierce County prosecutors Tuesday charged two men with assault and burglary for going to Terry Riggs’ home and beating him because he hadn’t paid his escort service bill, court documents say.

Prosecutors said Riggs, 57, was acting in self-defense when he shot one of his intruders, but likely will face a felony charge today for a marijuana-growing operation sheriff’s deputies say they found in his home.


Riggs told detectives he had been paying a woman for sex for more than a year. He said the woman came to his house on New Year’s Eve and gave him a $22,000 bill for services rendered. He refused to pay and called the woman’s mother.

The woman told Riggs if he didn’t pay, her friend “Smokey” and another man would make him, he said. The woman left, but called Riggs later and warned him never to call her mother again, or “those guys” would get him.

Riggs told deputies that sometime after 8 a.m. Monday, he heard a knock on the door and saw two men in ski masks, one with a handgun. He said he grabbed his own gun and fired a shot after the door was forced open. Riggs said he was pushed to the ground and beaten, court documents say.

“Something is ridiculous about the whole thing,” Sorensen said. “There’s something obviously unusual about the dollar amount that we’re talking about here. It is hard to believe that someone in that line of work would be willing to extend that kind of credit.”
Spokane, Washington

From KXLY 920 AM:
Police say last week, two men muscled their way into Bob Bowjuhlee's home in North Spokane, but before they could take anything or hurt Bob and his wife, the 65 year old shot at the pair.

Police say the gunfire prompted one of the thieves to run out of his shoes. A fake snakeskin sneaker recovered at the crime scene is now on it's way to the Washington State Patrol Crime Lab for DNA analysis. Detectives are also submitting the blood left behind when the burglar cut himself on broken glass or was actually shot by homeowner.
Bartow, Florida

From the Lakeland Ledger of January 6, 2006
Woman Cleared In April Shooting

The State Attorney's Office concluded Thursday that Vickie Gershenson was justified in fatally shooting 27-year-old Jessica Buchanan of Lake Wales in April 2005.

Assistant State Attorney Paul Wallace wrote in a letter that criminal charges would not be filed against Gershenson, 49, in the shooting death.

Buchanan was shot on the evening of April 23, 2005, at the mobile home that she stayed in with Gershenson at 4553 Scenic Highway in Lake Wales.

That night, Buchanan was upset with Gershenson for going into a bedroom that Buchanan was staying in, Wallace wrote. The argument between the women intensified into a physical confrontation with Buchanan beating Gershenson and threatening to cut her throat, Wallace wrote.

Gershenson fled to her bedroom where she tried to call for help but couldn't because her cellular phone's battery was dead, Wallace wrote.

Gershenson retrieved her revolver and shot Buchanan when she came at her with a knife, Wallace wrote.
Fresno, California

From the Fresno Bee of January 6, 2006
Fresno man kills intruder

Confrontation ends when 80-year-old man shoots through his front door.

An 80-year-old man said he feared for his life when he shot and killed a man who was trying to break into his central Fresno home early Thursday.

Fidencio Garcia Sr. said he ordered the man to leave numerous times before he fired one shot from a .38-caliber revolver through the front door of his house at 448 E. Andrews Ave.

"I had no choice," Garcia said.

"It's your life or mine," Garcia said he told himself as the man stood on the porch kicking the screen door and appeared to be on the verge of breaking it down.

The man collapsed on the porch, where he was declared dead when officers arrived.

The shooting was reported shortly before 4:30 a.m.

Garcia, a retired automobile generator repairman, was taken to police headquarters, interviewed by detectives and returned to his home about 2 p.m.

Detectives said the case will be forwarded to the Fresno County District Attorney's Office to determine whether the shooting was justified or whether criminal charges should be filed.

"Preliminary indications are that the elderly homeowner believed an assault was imminent and that he was incapable of defending himself against a much younger assailant," Lt. Randy Dobbins said.

Garcia said he was not worried about charges being filed against him.

"I told them the truth," he said. "I can't deny I shot and killed somebody, but I had a good reason."

(More detail)
Harris County, Texas

From Houston’s ABCLocal.Go.com of January 6, 2006
Robbery victim fights back and shoots suspect

A man tells police he shot a suspect who was allegedly destroying his property.

It happened around 2am Friday on Antoine near W. Little York in northwest Harris County. He spotted a group of men breaking out the windows of his Suburban. He scared them off, but says they returned. The homeowner heard a gunshot and grabbed his gun. He shot one of the men and they all sped off.

The man gave police a detailed description of the suspects and the car. Police picked them up nearby.

The suspect who was shot was taken to the hospital. The other men with him were arrested.
Clearwater, Florida

From the St. Petersburg Times of January 6, 2006
No charges in shooting of three neighbors

A retired USF police sergeant told officials he fired six shots through the door, fearing people were trying to break into his house.

A man who shot through his front door at about 2 a.m., wounding three neighbors carrying tiki torches on his porch, will not be charged with a crime, a prosecutor said Thursday.

Jeffrey DeVries, 44, a retired University of South Florida police sergeant, told investigators he feared people were trying to break in when they brandished torches on his porch early on Nov. 18, Assistant State Attorney Mark McGarry said.

DeVries fired six shots from a 9mm handgun through his door, hitting three of the four people outside, authorities have said. He then called 911 at 1:51 a.m. before barricading himself inside his Beverly Circle home for more than seven hours.

"I had to shoot people on Beverly," were his first words to emergency dispatchers. "I just had four persons come to my house with torches. They were trying to break into my front door. They were yelling threats at me. . . . I'm the one being attacked. I'm the victim."

The indication that DeVries genuinely feared for his safety weighed heavily in the decision not to charge him, McGarry said.

"Everybody has their different levels of fears," he said, "but I think that he felt that he was in danger."

Efforts to reach DeVries were unsuccessful Thursday. His father did not return phone messages.

Prosecutors also questioned the credibility of the people wounded because their accounts changed under questioning, McGarry said.

The three people shot - Samantha Frances Sipka, 16, Jason Thomas Biaso, 19, and Mark Eric Hoover, 46 - initially told Pinellas County sheriff's detectives that they had been walking in the street shortly before 2 a.m. carrying tiki torches when shots suddenly rang out, authorities have said.

Their accounts prompted investigators to obtain a warrant for DeVries' arrest on four counts of attempted murder.

The warrant was later withdrawn because physical evidence at the scene contradicted those accounts and indicated that they had been on DeVries' doorstep when he fired, sheriff's officials say. Investigators also learned that a fourth person had been present.

Confronted with the discrepancies, one of the four admitted being at DeVries' door at the time of the shooting, reading signs he had posted on the door warning people to stay away.

All three have since been released from the hospitals where they were treated. On Thursday, a man who answered the door at 1820 Beverly, where Sipka and Hoover live, said he would not comment on the case.

McGarry said none of the four involved would likely be charged in the incident, in part because DeVries had not cooperated with prosecutors in the investigation into their conduct.

(More detail)