Healdsburg, California

From the San Francisco Chronicle of February 27, 2006

Homeowner shoots 'ninja' who attacked wife

An armed man wearing a black, ninja-style mask was shot to death by a Healdsburg man this morning after he attacked the man's wife outside their home and chased her inside, police said.

The shooting happened about 7:30 a.m. at the end of Sunset Drive, a semi-rural street on the east side of town.

The woman was about to take the couple's two Wheaton terrier dogs for a walk when the masked man jumped her outside her garage, police said. The woman struggled, broke away and ran screaming into the house, with the attacker in pursuit.

Her screams awoke her husband. The man, whom police identified only as a man in his 60s, "grabbed their handgun, probably a .357 ... and fired more than one shot," Police Chief Susan Jones said.

The intruder "had what looked like a firearm in his hand," Jones said. He died at the scene. His identity has not been released.

"The husband is fine. He's uninjured," Jones said. "The wife is being treated for a head injury that she sustained sometime during the struggle, but she's going to be fine."

Jones said the intruder may have been hiding behind some garage cans, waiting for someone to emerge from the home.

The chief said the incident "is completely out of the blue" for the town.

"Actually, our crime has been down this year. This is really unusual," she said. "It's really frightening if this is a random act."

From Sonoma-County.org of May 2, 2006

HOMICIDE RULED JUSTIFIABLE IN HEALDSBURG HOME INVASION

District Attorney Stephan Passalacqua announced today that his office has reviewed reports submitted by the Healdsburg Police Department and it has been concluded that Louis John Phillips was justified under the law when he shot and killed intruder David Edward Ferguson.

Ferguson attacked Mr. Phillips’ wife outside their Healdsburg home during the morning of February 27, 2006. Ferguson was dressed in black clothing, wore a mask, and held what appeared to be a firearm. Mrs. Phillips broke from his grasp and ran into her home while Ferguson pursued her. When she was in the home, her cries for help awoke her husband.

Hearing his wife’s screams, Mr. Phillips armed himself with a revolver and cautiously approached the front door area of the residence where he observed the masked intruder in the home with one arm around his wife’s neck and shoulder and a gun in his hand . Once he believed he had a clear shot, Mr. Phillips fired his weapon, striking Ferguson. After being shot, Ferguson turned toward Mr. Phillips while he still had Mrs. Phillips in his grasp. Mr. Phillips fired his revolver two more times, again hitting Ferguson, this time causing him to collapse. The weapon in Ferguson’s possession was later discovered to be a Gamo P-23 CO2 pistol that shoots single shot pellets.

Under the law, one who reasonably believes that he is defending himself or another in his home against someone who tries to commit a forcible and atrocious crime such as murder, rape, or robbery, reasonably believes the danger is imminent, reasonably believes the use of deadly force is necessary and who uses no more force than is reasonably necessary to defend against the danger, is justified in killing an intruder.

The District Attorney concluded that Mr. Phillips acted reasonably under the circumstances that were known to him at the time and that a reasonable person in a similar situation with similar knowledge would have believed the amount of force used was necessary.

District Attorney Passalacqua stated, "This was an extremely frightening, dangerous and traumatic experience for any homeowner and a tragedy for all concerned."