Veneta, Oregon

From the Eugene Register-Guard of February 11, 2006

Self-defense cited in fatal shooting

A Veneta man who shot and killed an intruder early Friday acted in self-defense and will not be charged with a crime, the Lane County district attorney said.

Tony Gilbert Hernandez, 58, shot the intruder at least twice with a 12-gauge shotgun as the man beat him with a collapsible metal baton, investigators said.

The baton left deep cuts in Hernandez's scalp that had to be stapled shut at Sacred Heart Medical Center in Eugene. He also had injuries on his back.

"This is what we would call self defense," District Attorney Doug Harcleroad said. "You're allowed to use deadly physical force under Oregon law when you're in fear for yourself or your property."

The sheriff's office later identified the intruder as John Aaron Rippet, 40, whose last known address was in Eugene. They found no identification on the man's body, and Hernandez told investigators he had never seen the man before, sheriff's Lt. Randy Smith said.

Hernandez told deputies that someone knocked on his door at the Applegate Apartments, 25011 Hunter Ave., about 5 a.m.

He opened the door and the man attacked him with the baton, beating him on the head and body, Smith said.

The struggle started in the doorway of the two-story apartment and moved throughout the first floor.

"The suspect was continuously yelling at the resident that he was going to kill him," Smith said.

Hernandez broke free and ran to an upstairs bedroom, Smith said. He tried to close the door on his attacker, but the fight continued.

He grabbed the shotgun and fired, Smith said.

Hernandez chased the suspect downstairs, where one of the shots blasted through the front door, scattering pellets and wadding in the parking lot.

He called 911 at 5:06 a.m. and said he had shot an intruder. At least one neighbor heard the shots.

Rippet was dead in the living room when deputies arrived. An autopsy is scheduled for today.

Detectives did not know why Rippet targeted Hernandez. They found no evidence inside his apartment that explained Rippet's motivation, Smith said. And Hernandez said he did not know Rippet, the lieutenant said.

Investigators also had not determined how the man got to the apartment.