Monday, July 31, 2006

Oklahoma City, Oklahoma

From the ChannelOklahoma.com of July 31, 2006
Man Killed In N.W. OKC Fight Identified

Oklahoma City police have released the name of a man who was shot and killed during a fight at a home in the northwest part of the city.

Capt. Jeff Becker said James Young was found in the driveway about 8 a.m. Sunday by officers responding to a domestic disturbance call.

Becker said Young had apparently been fighting with his estranged girlfriend, Elise Wheeler, and had followed her to the home of Richard Bailey.

Becker said Young began hitting Wheeler with a handgun. Bailey began fighting with Young, and a round went off, hitting and killing Young.

No arrests have been made, police said.
Little Rock, Arkansas

From Little Rock‘s KARK.com of July 31, 2006
Suspected Robber Shot by Store Owner

Little Rock police say a suspect walked in shooting to the R-B Causey Company after 4 Monday afternoon... threatening to rob the store. Police say the owner of the company also had a gun and fired shots at the alleged robber, hitting him in the arm and the shoulder. He was taken to a local hospital where he is in stable condition.
Madisonville, Tennessee

From the Monroe County Advocate & Democrat of July 31, 2006
Man Killed During Family Fight

A family argument that apparently simmered most of the day ended with one man dead Thursday night.

Monroe County Sheriff’s Detective Mike Morgan said Steve Wilson, 47, Old Tellico Highway, Madisonville, shot and killed Doyle Graham, 35, when Graham came to Wilson’s house just before 10:30 p.m. to continue the argument.

“We’re not really sure what got all this started,” Morgan said, “but according to witnesses and Wilson’s statement, Graham came to the house with a .38 handgun and was going to shoot Wilson, but the gun malfunctioned and wouldn’t fire.”

Wilson told Morgan that Graham didn’t lower his gun, so Wilson, fearing for his life, returned fire with a .22 pistol, striking Graham in the chest and killing him.

“Everybody in the house was related,” Morgan said. “The two men were brothers-in-law. I guess you could say it was a family fight gone horribly wrong.”

There were no charges filed in the incident, though Morgan said the case would be taken before the grand jury.

“We’re going to get all the lab work back,” Morgan said, “finish all our interviews and then let the DA’s office see what the grand jury thinks about it.”

In an odd side bar to the shooting, some methamphetamine was found close to the scene, but not at the scene.

“We did find some meth,” Morgan said. “We don’t know who it belonged to or where it came from. There’s no indication the fight was over meth or that it came from somebody at the house.”

Court records show Graham had a series of previous arrests, including one in April 1998 when he pleaded guilty to an attempted first-degree murder charge from the Madisonville Police. He was convicted of a lesser charge of aggravated assault.

He also had previous arrests for reckless endangerment and contributing to the delinquency of a minor.

Sunday, July 30, 2006

Ypsilanti Township, Michigan

From the Ann Arbor News of July 30, 2006
Ypsilanti Twp. home invasion erupts into gun battle that wounds 4

Sheriff's deputies arrest 2 men,
teen and woman afterward


A home invasion in Ypsilanti Township early Saturday escalated into a gunfight that left four people shot, including both residents and two intruders.

Two of the four were treated for serious wounds. The other two were treated for minor injuries at local hospitals. All four were reported in stable condition Saturday.

Shortly after the shooting, Washtenaw County Sheriff's deputies arrested a man and a male teenager with gunshot wounds who had been taken to St. Joseph Mercy Hospital. Deputies also arrested a man and a woman who allegedly dropped them off.

All four are in custody, and face arraignment on multiple charges in connection with the shooting.

Sheriff's Department Commander Dave Egeler said he believes the residents of the house knew the intruders. None of their names were released Saturday. The case remains under investigation. Egeler said deputies were called to a home in the 2000 block of Ide Street at 1:50 a.m. He said the gunfight erupted after several subjects broke into the house and tried to rob the residents at gunpoint.

The occupants of the house, a 19-year-old man and a 40-year-old man, were taken to the University of Michigan Hospital where the younger man was treated for a non-life-threatening injury. The 40-year-old was treated for a serious gunshot wound.

Thursday, July 27, 2006

Tyler, Texas

From July 27, 2006 KLTV channel 7:
What seemed like a normal morning at an East Texas barber shop, ended with gunfire. Just before 10'clock today, police say a man entered Ervin's Barber Shop on Old Noonday Road and asked for a haircut. He then pulled out a gun, demanded money from the barber and threatened to kill him.

Demetrius Ervin has worked out of his barber shop for almost seven years. He says he always keeps a gun in a drawer at the shop, but before today, he's never had to use it. Demetrius Ervin says he works in a quiet neighborhood, a place where everyone knows each other. The man who entered his shop this morning, however, Ervin says he's never seen before.

"I thought he was just a guy off the street," said Demetrius Ervin who was robbed at gunpoint. "He said he needed a haircut, and I said cool, how do you want it cut." The man sat down in this chair. Ervin says he put a cape around him and then turned to his sink to get a comb.

"When I turned around he had a gun on me," said Ervin. "He told me to get on the floor. He didn't say it nicely, but he said get on the floor. I got on the floor. He said if you move I'm killing you, so I said I'm not going to move, take what you want." The man continued to yell at Ervin, as he reached in Ervin's pocket and stole Ervin's wallet. The robber then took off down the street. That's when Ervin grabbed his handgun out of the drawer and fired.

"I was trying to hit him," said Ervin. "He robbed me. He pulled out on me, pulled his gun at me and said he was going to kill me, yeah I fired at him." Ervin says nothing like this has ever happened to him before.

"My eyes are more open now because it's like I'm afraid now because you never know who's coming in," said Ervin. A lesson, Ervin's says he learned the hard way. Ervin was not sure if he actually shot the robber, but police believe the robber is not wounded. Ervin says he had about $75.00 in his wallet along with several credit cards and his social security card. The barber was able to give a good description of the robber. He's a black male, about 6'1", medium build, has a mustache and tattoos on both arms. He was wearing a dark blue shirt, light blue shorts, and gray air Jordan tennis shoes. He was also still wearing his barber shop cape, that had red and white stripes on it when he left.
Henrico County, Virginia

From the July 25, 2006 Richmond Times-Dispatch:
A Henrico County man shot his son in the leg inside their home yesterday after the son demanded money and forced his way inside the father's bedroom, police said.

The 30-year-old son was taken to VCU Medical Center with non-life-threatening injuries.

The shooting occurred about 1:45 a.m. at the family's home in the 4900 block of Jones Road, off Springfield Road.

The son "started banging on a locked bedroom door," said Henrico police spokesman Sgt. Doug Parker. During that time he was demanding money, police said, and eventually broke in the door.

Parker said the father retrieved a weapon and shot his son in the leg.

The son, whose name was not released, was arrested on outstanding grand-larceny warrants unrelated to yesterday's disturbance, Parker said.

The father has not been charged in the shooting.
Want to make any bets that the son has a drug problem?
Sacramento, California

From the Sacramento Bee of July 27, 2006
Man arrested in shooting death won't be prosecuted

A man, initially identified as a 17-year-old, who was arrested in connection with a shooting death last weekend in Antelope will not be prosecuted, the Sacramento County District Attorney's Office reported Friday.

"This was not a prosecutable case," said Assistant Chief Deputy District Attorney John O' Mara.

Sheriff deputies arrested Dilver Portillo, 24, after Louis A. Argueta, 33, of Sacramento was shot about 7 p.m. Saturday in the Longspur Way home of his estranged wife. Argueta and his wife were in the process of divorcing.

Portillo, initially described by deputies as a 17-year-old, was dating Argueta's wife.

According to investigative reports, a fight broke out when Argueta showed up at his wife's home with his new girlfriend in tow. The divorcing couple had been arguing over who should be making payments on a Ford Expedition that was registered in both their names, O'Mara said.

At some point, Portillo obtained a 40-caliber handgun that Argueta's wife had bought for protection. He apprently shot Argueta in self-defense, O'Mara said. Argueta had made death threats and he had a "long history" of domestic violence, the prosecutor said.

At the time, there were at least five children and five adults in the Antelope home, deputies said.

The shooting occurred after someone had taken the keys out of the SUV, O'Mara said.

Deputies were called to the scene by a neighbor who reported hearing several gunshots and then hearing a woman cry out that someone had been shot.

When officers arrived Argueta was found lying on the front porch. He was pronounced dead at the scene.
Morgantown, North Carolina

From Charlotte’s WSOCtv.com of July 27, 2006
Police Say Deadly Shooting May Have Been Justified

Burke County investigators are trying to determine whether a shooting that left a man dead was in self defense.

Authorities said they were called to Wakefield Avenue west of Morganton just after 1:30 a.m. Thursday. They pronounced 30-year-old Neal Michael Cochran dead on a bedroom floor in the home he shared with his wife, Amy, and their two children. He had been shot multiple times, deputies said.

Family members said they are surprised that police say Amy Cochran is responsible.

"She's a friendly person, has a lot of friends. No, this ain't like her," her mother, Debbie Wooly said.

Deputies said they found Cochran at a neighbor's house suffering from a gunshot wound to the leg. She was taken to Grace Hospital by paramedics.

Preliminary talks with authorities revealed that Cochran came home around 12:30 a.m. and was confronted by her husband, deputies said.

Detective Sgt. Tim Corriveau of the Burke County Sheriff's Office said Neal Cochran began physically assaulting her, and a neighbor witnessed the abuse. He said there was also evidence of a struggle inside the home, which led to the bedroom where Amy Cochran got a handgun.

"It appears that Mrs. Cochran was shot in the leg while she and her husband struggled over the gun," Corriveau said.

Then, Neal Cochran was shot to death.

Fortunately, the neighbor who was present when the fighting began took the couple's 4- and 7-year-old children out of the home before things escalated, police said.

Wooly said her daughter is a good mother, but her marriage had problems – problems that police were aware of.

Authorities had been called to the house at least three times before. In October 2004, Amy Cochran obtained a domestic violence prevention order against her husband. Then, just two weeks ago, she took out a warrant against her husband for assault on a female. Investigators said she allowed him to return to the residence.

Detectives from both the North Carolina State Bureau of Investigation and the Burke County Sheriff's Office spent more than seven hours at the crime scene trying to determine the circumstances of the shooting. So far Cochran has not been charged in the shooting. Deputies will take the case to the district attorney to determine any charges.

Maj. David Pendly of the sheriff's office said the evidence collected Thursday should help investigators and the district attorney's office determine whether the case could be considered justifiable homicide.
Cedar City, Utah

From Salt Lake City’s Deseret News of July 27, 2006
Deadly shooting in RV probed

Police say man forced way into motor home

Police are investigating a deadly shooting inside an RV parked outside a Wal-Mart store in Cedar City.

Police said about 9:47 p.m. Tuesday, a man had knocked on the door of an RV that was parked overnight in the store parking lot. A family of four from Cane Coral, Fla., was inside.

Investigators said the man forced his way into the motor home.

"The tourists inside were in fear for their life," Sgt. Jerry Womack told the Deseret Morning News on Wednesday. "There was a scuffle inside the motor home and the man shot (the intruder) in the head with a shotgun."

On Wednesday, detectives were questioning the family, who had been traveling through the area and stopped for the night.

Womack said detectives were looking into whether alcohol was involved in the confrontation.

"We believe he (the shooting victim) might have been intoxicated," he said. An autopsy was being performed on Wednesday.

Police identified the dead man as Steven Stubbs, 26, of Cedar City.

Stubbs has been convicted of speeding, alcohol violations and interfering with a police arrest, according to records in Cedar City's 5th District Court.

The Cedar City Police Department said Wednesday it was investigating if the use of deadly force is justified. The Iron County Attorney is expected to make a final determination.
From the St. George Spectrum of September 13, 2006
No charges filed in shooting case

Iron County Attorney Scott Garrett decided Tuesday to not file charges in a July 25 shooting that occurred in a Wal-Mart parking lot leaving a 26-year-old Cedar City man dead.

After reviewing the case, Garrett determined the force used in the incident was justifiable, and that Carl Coltellino acted in self-defense.

"We just looked at the facts in the case and what the law requires," he said.

The decision comes seven weeks after Steven Stubbs was shot in the head with a shotgun outside the Coltellino's motor home.

The Coltellino family - Carl, Tracy and their two young girls - was traveling through Cedar City on vacation from Florida and decided to spend the night in the Wal-Mart parking lot.

"It's a tragic case," Garrett said. "I feel bad for all the people involved."

Stubbs allegedly knocked on the door of the motor home, and, after entering it, wouldn't leave.

"He wanted to go south," said the Florida mom, Tracy Coltellino, at the time of the incident.

But the Coltellinos tried to make Stubbs leave by shouting and shoving him, she said.

And, after the 26-year-old Cedar City resident wouldn't leave, Carl pulled out a 12-gauge shotgun, which Stubbs allegedly tried to take from the Florida man.

"The fact that he tried to take the gun from him in his home is a pretty key factor," Garrett said.

The report that Stubbs allegedly entered the motor home without permission was another important factor in determining justifiable force.

"There was really nothing that suggested otherwise," Garrett said. "He had two daughters, and he was trying to protect him and his family as well."

(More)

Wednesday, July 26, 2006

Grand Junction, Colorado

From the Grand Junction Sentinel of July 27, 2006
Man who shot burglar not facing any charges

A man who broke into a Grand Junction home and was shot by someone inside the home faces burglary, menacing and assault charges, while the man who shot him will not be charged.

Authorities said Michael Craig, 27, shot Michael Ball, 28, twice in the chest in self-defense on July 17.

Ball is suspected of second-degree burglary, a felony, and two misdemeanors, menacing and third-degree assault.

Ball allegedly broke into the home at 2995 Pinyon Ave. and began assaulting his ex-girlfriend, Myranda Clifton, 24, according to the Mesa County Sheriff’s Department.

Craig told investigators he heard someone trying to break into the home, so he retrieved a handgun and told Clifton to call 911, according to the arrest affidavit.

Clifton was on the phone with dispatch when Craig confronted Ball with the gun when Ball entered the home, the affidavit said.

Ball ignored Craig and went into Clifton’s room, where he punched her in the head, according to the affidavit.

Craig followed Ball, telling him to stop, at which point Ball advanced on Craig, who shot Ball twice, according to the affidavit.

Clifton was on the phone with 911 throughout the event, and it was recorded, according to the affidavit.
Hardeeville, South Carolina

From Savanah’s WSAV.com of July 26, 2006
Store Owner Fires Gun for Her Safety

Another dangerous encounter for the owners of a Hardeeville package store resulted in a gunshot Friday.

It’s the second time in just over a month they had to fire. On June 19th, Greene’s Package Shop worker Herb Tolar was robbed at gunpoint and then fired at the man as he ran away. Back then, Tolar told WSAV, “I thought he was going to kill me. So I was going to kill him. I pursued him outside and I shot to kill. If I see him again, I will blow him away.”

And now, the same store, which is on Highway 17 in Hardeeville was the site of another shooting. This time, it was the wife who fired.

“They knew I meant business,” Florence Tolar said, as she remembered the Friday morning encounter.

Her size and sweet demeanor don’t keep her from standing her ground.

“I kept my position just in case those boys came out. I had every opportunity to shoot them,” she said.

She chose to fire her gun at the floor as she was confronted by four young men who were fleeing from police Friday. It’s a choice she says could have easily turned fatal.

"I had to make the decision,” she said. “And I'll tell you- if those boys would have been a little bit taller, a little bit bigger, I would have shot them. And I would have killed them."

“My wife really surprised me, “ Herb Tolar said. “I’m really proud of her that she did what she did.”

(More)
Floyd County, Kentucky

From Lexington’s WKYT.com of July 25, 2006
Man Accused Of Murder Is Cleared

A Floyd County man accused of murder is cleared after a grand jury did not hand down an indictment.

Police say former Luv Homes Manager Mike Kirk shot and killed a man at the dealership in March of last year.

Kirk claimed the man, Ronald Dillon, was breaking into the business.

Kirk said Dillon told him he had a gun, but police didn't find a gun on Dillon after the shooting.

The grand jury report says they think Kirk shot Dillon out of self-defense because he believed his life was in danger.
Doe Run, Missouri

From the Park Hills Daily Journal of July 24, 2006
Sheriff investigating shooting in Doe Run

Bullock says homeowner and man who was shot had ‘past history'

The St. Francois County Sheriff's Department is investigating a shooting that occurred Sunday morning at a residence in Doe Run. During the shooting a 38-year-old St. Francois County man was shot five times with a 22-caliber gun.

"The man that was shot went to a home located on Pendelton Road at approximately 7:45 a.m. on Sunday," said St. Francois County Sheriff Dan Bullock. "When the man arrived at the home, the homeowner was in his yard. According to statements taken, the man threatened to do the homeowner bodily harm. The man went after the homeowner and the homeowner stepped inside his shed where he had a gun. At that time the homeowner shot the man five times."

Bullock said the motive of the incident is currently under investigation, but did say that both the homeowner and the man shot had a "past history" together.

"The homeowner called 911 after he shot the man," Bullock said. "The man was flown to Barnes Hospital for treatment."

Bullock said as of Sunday evening the man who was shot was in stable condition. "Our investigators are going to be interviewing the man that was shot today," Bullock said.

Bullock said the homeowner was not arrested as of press time.

"We have contacted the prosecuting attorney," Bullock said. "We are currently completing the reports to turn over to the prosecutor's office. They (prosecuting attorney's office) will make the determination if any charges will be followed. We don't expect any charges to be filed though. It appears to be a case of self defense.”
Sharon, Pennsylvania

From the Sharon Herald of July 24, 2006
Man catches would-be thieves

A Sharon man turned the table on two would-be burglars when he came home in the middle of their attempt to steal several items from his home, police said.

Police said Joseph R. Emerich, 22, of 3009 Hahn Hill Road, Hermitage, and Brett D. Sumner, 28, of 3045 Main St., West Middlesex, were burglarizing 24 Smith Ave. in Sharon when Charles Carlo returned home at 9:35 p.m. Sunday to find them at the top of his stairs.

They had taken a computer, a videogame player, a mint set of coins and an air conditioner from Carlo’s home to a nearby apartment and were attempting to take more, police said.

Carlo told them to stop, retrieved his 9 mm pistol and fired one shot after he noticed that one of the men had something in his hands, but did not hit either man, police said.

After Carlo fired, Sumner jumped out a second-story window and ran; Carlo held Emerich at gunpoint until police arrived, they said.

Police said they arrested Emerich immediately and found Sumner at 10:50 p.m. at South Irvine Avenue and Emmanuel Place.

Emerich and Sumner were arraigned Monday by District Judge Ronald E. Antos, Farrell, on charges of burglary, criminal trespassing and criminal conspiracy and released on their own recognizance.
South Bend, Indiana

From the South Bend Tribune of July 25, 2006
Businessman shoots at intruder

A man who operates an insurance business from his home in the 2400 block of Lincoln Way West in Mishawaka told police Saturday that he fired his rifle at a man who broke into his home.

He suspects the man is one of his customers, police said.

The man told police he and his girlfriend were in their bedroom about 3 a.m. Saturday when they heard the sound of breaking glass in the area where he runs his business. The man picked up a rifle he keeps next to his bed and found the intruder, who reportedly was holding something that looked like a handgun.

The man told police he fired two or three times at the intruder, who fled through the broken window. Police later found a bullet hole in another window that may be from a shot fired by the intruder.

Nothing was reported stolen.

At about the same time in South Bend, police were looking for a man who had approached a house, stating he had been shot in the buttocks, according to police reports.

Monday, July 24, 2006

Lubbock, Texas

From Lubbock’s KCBD.com of July 24, 2006
A Man Is Dead After an Overnight Shooting

Police are investigating an overnight shooting in Southwest Lubbock that left one person dead. It happened around 2:30 Monday morning at a home in the 4400 block of 59th street.

23-year-old Ronald McNabb was gunned down by the homeowner after McNabb forced his way into the house.

Police say a man living in the house came out of his bedroom and witnessed someone assaulting his friend. He went into his room, grabbed a gun, and shot the suspect at least two times in the chest. He also accidentally shot his friend in the calf. The suspect that was shot in the chest was taken to UMC where he later died. The other victim is in satisfactory condition.

Witnesses told police that McNabb may have been after the homeowner, since he was the ex-boyfriend of his girlfriend.

Police say the homeowner was not arrested for the shooting. They believe it was a situation of self-defense.
From Lubbock’s KCBD.com of August 15, 2006
Grand Jury Declines Indictment in McNabb's Death

There will be no charges in the death of Ronald McNabb.

Tuesday, a Lubbock County Grand Jury decided against any indictments in the case. McNabb was shot and killed when he went to the front door of 4401 59th Street last month and allegedly started beating up the man who opened the door. Police believe the fight started over a girl. The homeowner saw what was going on and shot McNabb in the chest.

McNabb later died at the hospital.
Battle Creek, Michigan

From July 24, 2006 WWMT channel 3:
BATTLE CREEK (NEWS 3) – A weekend shooting that left a Battle Creek man dead appears to be a case of self-defense, police have confirmed.

The shooting happened just after midnight on Saturday in the 500 block of Hamblin Avenue. Police received a 911 call from a resident saying he'd shot another man.

Officers arrived and found 38-year-old David Bailey of Battle Creek dead.

Detectives say the 58-year-old homeowner, whose name is not being released, told them Bailey had come to the house with a hammer, looking for money. Neighbors say Bailey attacked the resident with the hammer and a struggle ensued. The resident then shot Bailey in the chest with a .50 caliber muzzle loading rifle.

The two men knew each other, according to police.

Police say they have no reason to doubt the man's story and say he's been cooperative throughout the investigation.
Milwaukee, Wisconsin

From the Milwaukee Journal-Sentinel of July 21, 2006
(Scroll down)
Pizza delivery driver won't be charged in shooting

A 35-year-old pizza delivery man who shot a 14-year-old boy he said was trying to rob him won't face criminal charges.

Milwaukee County Assistant District Attorney Irene Parthum, who reviewed the July 14 incident, said Andres Vegas of Cudahy was acting in self-defense when he shot the boy, who himself was wielding a BB gun pistol. Police said at the time that the 14-year-old suffered non-life-threatening wounds to the shoulder, hand and buttock.

Parthum also said Vegas, who had been delivering a pizza in the 2400 block of N. 34th St. at the time of the shooting, won't be charged for carrying a concealed firearm because he had been robbed during a delivery last year and, under state weapons law, had a reasonable belief he needed to protect himself.

The 14-year-old and a 13-year-old who may have been his accomplice could be charged next week in Children's Court, prosecutors there said.
Emphasis ours. This is explained in an article by Clayton in the September 2003 Shotgun News, which you can find here. Pages 3 through 8. (.pdf file)

From the Milwaukee Journal Sentinel of January 31, 2007
Deliveryman who shot 2 is charged

Prosecutors say shootings justified, but gun concealed

A pizza deliveryman who has shot two people on the job in the past seven months was hit with his first criminal charge Wednesday: carrying a concealed weapon.

Andres Vegas, 46, who told authorities that the teenagers he shot last month and in July were trying to rob him, appeared in court and was released on a $1,500 signature bond Wednesday. He faces up to nine months in jail and a $10,000 fine if convicted of the misdemeanor. His next court appearance is scheduled for Feb. 19.

According to the criminal complaint, Vegas, of Cudahy, was making a delivery in the 2800 block of N. 22nd St. on the evening of Jan. 4 for Mona Lisa Pizza, 4831 W. North Ave. As he got out of his car, he was approached by an armed assailant. Vegas then reached into his car's passenger seat, got his .32 semi-automatic pistol and shot his assailant, the complaint says; he then waited for police.

The complaint says the suspect admitted trying to rob Vegas, who prosecutors then determined was justified in the shooting. But because Vegas' gun had been on "the front passenger seat beside the pizzas," it met the definition of a concealed weapon.

The complaint also says that "prosecutorial discretion" was why Vegas wasn't charged in the July shooting, even though he "admitted to carrying a gun on his person in a concealed manner." But Vegas was warned then that he could not carry a concealed gun for protection on his job.
Wisconsin needs to drag itself into the 21st Century, and become a Shall Issue State.

From Milwaukee’s WISN.com of September 24, 2007
Judge: Conceal-Carry Law 'Unconstitutional' In Shooting

Charges were dropped Monday morning against a Milwaukee pizza delivery man accused of shooting two would-be robbers, and in a 10-page statement, the judge said Wisconsin's law forbidding the carriage of a concealed weapon, as it pertains to this case, was unconstitutional.

Andres Vegas was delivering pizza near 22nd and Locust streets Jan. 4 when a 16-year-old pulled out a gun and demanded money, police said. Vegas was accused of pulling out his own gun and shooting the teen three times.

The incident in January was the second time in less than six months that Vegas shot someone who tried to rob him on the job. In July of 2006, a 14-year-old boy pulled a gun on Vegas, who retaliated by shooting the boy three times. Then-District Attorney E. Michael McCann said that since Vegas had been robbed in the past, state law said he had a reasonable belief that he needed to protect himself and did not file charges.

Following the latter case, Vegas was charged with carrying a concealed weapon and faced nine months in jail if convicted. That charge was dismissed Monday.

"He's happy the judge reached his decision and he appreciates being able to walk out of here after eight months of fighting this prosecution," Vegas' lawyer, Craig Mastantuono, said.

Mastantuono said two laws collide in this case. One constitutional amendment allows people to bear arms for certain purposes, such as self-defense, but another makes it illegal to carry a concealed and dangerous weapon.

"So you have this gap between what the amendment allows for in terms of protecting Wisconsin citizens and what the law bans. Right now this gap is the problem," Mastantuono said.

Milwaukee County Circuit Judge Daniel Noonan cited two previous cases, State v. Hamdan and State v. Fisher, in his decision.

Noonan said that Vegas "works in a dangerous, high crime area in the city" and "is engaged in a cash business activity that makes him a target of armed robberies." He also acknowledged that Vegas had been the victim of multiple violent crimes, that the gun was purchased legally for the "purpose of security and protection," and made a "strong inference that Vegas' concealed weapon has saved his life" in the past.

According to the National Rifle Association, 40 states have right-to-carry laws. The remaining 10 have very limited issue of permits and are not considered right-to-carry states. In Texas, having a concealed weapon means applying for a permit. In Vermont, no permit is necessary.

District Attorney John Chisholm's office said they will not appeal Noonan's decision and lawyers for Vegas said that he is no longer delivering pizzas.

Saturday, July 22, 2006

Lancaster, California

From the Los Angeles Daily News of July 22, 2006
Quick-thinking bystanders aid in two arrests

Citizens helped sheriff's deputies thwart a home burglary and a carjacking in a McDonald's restaurant parking lot, putting two men behind bars, deputies said.

One man had kicked in a door in the 1100 block of East Avenue K just after noon Thursday while a companion waited as a lookout near the getaway car, but was chased away by the resident with a gun, deputies said.

While the lookout sped away in the getaway car, the burglar ran through a nearby apartment complex and across the street to a McDonald's.

There, the man ordered two patrons out of their car, telling them he had a gun and holding his hand under his shirt to simulate a hidden weapon, deputies said.

Two suspects were arrested within 90 minutes, deputies said.


Deputies said the burglar kicked in the front door of the home after ringing the doorbell several times and getting no answer. The resident armed himself with a handgun and confronted the intruder, ordering him out of the home. The intruder ran, deputies said.
Port Richey, Florida

From the St. Petersburg Times of July 22, 2006
Thanks to new law, no case in shooting

A woman who killed a client with his own gun in self-defense meets terms of the Stand Your Ground Law, a prosecutor says. But she may still face prison for prostitution.

Frank Labiento is dead, shot through the chest with a .357-caliber handgun, and no one disputes that Jacqueline Galas pulled the trigger.

If she had done it before last October, she might have faced prison time. But new legislation known as the Stand Your Ground Law means Galas will not be prosecuted.

More than a month after her arrest on a second-degree murder charge in Labiento's shooting, the State Attorney's Office filed papers on Wednesday that effectively drop the case. Division Director Mike Halkitis said it may be the law's first test in Pasco County.

"The evidence clearly pointed," he said, "to a case of self-defense."

Galas, a 23-year-old with a known history of prostitution, said Labiento was a frequent client. She told authorities that on June 11, at his home on Christina Lane, he pointed a .357 at her and threatened to kill her.

She managed to calm him down, and he put the gun on the kitchen table. When the phone rang, he walked to pick it up.

Galas picked up the gun.

When Labiento approached her, she fired the fatal shot.

"She didn't know if he had another gun," Halkitis said, "because she always saw him with two guns."

Under the old law, someone in her situation had a duty to retreat and avoid a confrontation before resorting to deadly force. The new law, which took effect last Oct. 1 and made national headlines, removes that provision.

Another piece of evidence worked in Galas' favor. Halkitis said authorities found a note from Labiento saying he planned to kill Galas and kill himself.

But Galas, whose criminal history includes selling cocaine, possession of barbiturates and petty theft, won't go free yet.

Halkitis said the prostitution violated her probation and could put her in state prison.
Tucson, Arizona

From the Arizona Daily Star of July 22, 2006
Maintenance man found not guilty in drug-related apartment shootings

Says self-defense was motive in '05 encounter

An apartment complex maintenance man who was charged with attempted first-degree murder after shooting two men on the property last year was found not guilty Monday.

Derrick S. Phillips, 42, said on Friday that he was acting in self-defense when he shot two men at the Palm Garden Apartments on East Fort Lowell Road, near North Tucson Boulevard, April 25, 2005.

Now he says, after spending more than a year in jail, he is trying to get his life back together.


He was charged with attempted first-degree murder, which would later be changed to attempted second-degree murder, two counts of aggravated assault with a deadly weapon and one count of aggravated assault causing serious physical injury.

After spending 448 days in the Pima County jail, Phillips was released after a jury found him not guilty on all charges.

He spent two birthdays in jail, saw his financial situation fall into ruins and had a brother pass away, he said.

(A long story, worth reading)

Friday, July 21, 2006

Memphis, Tennessee

From Boise, Idaho’s KBCItv.com of July 21, 2006
Eight grocery employees stabbed at Tennessee store; co-worker in custody

Police in Tennessee say a knife-wielding grocery store employee attacked eight co-workers. They say he seriously injured five of them before a bystander pulled a gun and stopped him.

The 21-year-old suspect was arrested and then taken to a hospital after complaining of chest pains. The attack apparently stemmed from a work dispute.

Five victims, one in critical condition, were admitted to a Memphis hospital. Three others were less badly hurt.

Police say the attacker was chasing one victim into the store's parking lot when he was subdued by Chris Cope, manager of a financial services office.

Cope says he grabbed a nine-millimeter semiautomatic pistol from his pickup truck. Cope told The Associated Press, "He saw my gun and that was pretty much it."

Police arrived within minutes and took the attacker into custody.
Miami, Florida

From Tampa’s BayNews9.com of July 21, 2006
Hurricanes Safety Shot in His Yard

Miami Hurricanes reserve safety Willie Cooper was shot in the buttocks when confronted in his yard Friday morning by an unknown person who fled after another player returned gunfire.

Police said Cooper was able to walk after being shot and the injury wasn't believed to be serious, but he was taken to a hospital for treatment.

After Cooper was shot, teammate and roommate Brandon Meriweather pulled a pistol from his pants pocket and fired three times at the person, who jumped a fence and fled with another person in a car, police said. It was unclear if the assailant was hit.

Police said Meriweather used his gun legally.

Cooper and Meriweather told police they noticed a suspicious car parked outside their home near campus shortly after 6:30 a.m. When they went outside to investigate, a person crouched next to the house jumped up and shot Cooper.
Checotah, Oklahoma

From the July 19, 2006 Muskogee [Oklahoma] Phoenix:
CHECOTAH — Three men involved in a shootout Monday night in Checotah were identified Wednesday by the Oklahoma State Bureau of Investigation.

OSBI spokeswoman Jessica Brown said Timothy Lee Dawkins Jr., 27, was killed after he walked up on a group of people gathered outside the home of Milton Warrior and began shooting.

Brown said Warrior, 22, and Dan Dyer, 22, “were shot in the back area.” One of the men returned fire, shooting and killing Dawkins.
Nacogdoches County, Texas

From the Nacogdoches Daily Sentinel of July 20, 2006
Jury acquits man of murder after dramatic trial

A Nacogdoches County jury needed only 10 minutes to acquit Kingtown resident David Redden, 64, of murder charges Thursday following a dramatic four-day trial.

At the trial's theatrical climax, the state's lead witness confessed to perjury Wednesday after the defense team charged that she tampered with evidence at the crime scene, minutes after she testified otherwise.

Redden's attorneys, John Heath Sr. and John Heath Jr., said the arrest of Rosie King, 44, of Galveston, for aggravated perjury represented the turning point of the case.

"Her lie tricked the police from the minute this investigation started," Heath Jr. said.

Redden stood accused of shooting Houston resident Paul Wheeless, 52, Jan. 23, 2004 after Wheeless had arrived on Redden's property to give King a ride to Houston. King had been renting a mobile home from Redden for the previous four months.

(Much more)

Wednesday, July 19, 2006

Cincinnati, Ohio

From Cincinnati’s CommunityPress.com of July 19, 2006
Robber pulls gun, employee pulls pellet gun

Shots were fired during an aggravated robbery of the McDonald's restaurant at 8969 Fields Ertel Road at 1:22 a.m. Tuesday, July 11.

Three suspects entered the restaurant through an unlocked door. The restaurant manager was then forced at gunpoint to open the safe.

As the manager was opening the safe, a male employee retrieved a pellet gun and pointed it at one of the suspects from across the restaurant.

The suspect fired two rounds at the employee, striking the wall behind him. The suspects then fled the restaurant on foot with an undetermined amount of money, heading south.

A sheriff's canine unit tracked the suspects from the restaurant to Mason Way Court, where the dog lost the scent.

There were no reports of injuries.
El Cajon, California

From July 18, 2006 San Diego Headline News:
An El Cajon man shot at a possible burglar when, as police say, he "feared for his safety." The victim confronted the suspect inside his house. The suspect fled to a car, and that is when the shots were fired. Police found the car unoccupied a few blocks away. A search of the area was not able to located the suspect.
UPDATE: From the July 19, 2006 San Diego Union-Tribune:
EL CAJON – A 66-year-old homeowner fired several shots at a burglar who apparently tried to run him over Tuesday morning after the resident surprised the man burglarizing his house.

The homeowner armed himself with a pistol when he heard a noise in his house on Aldwych Road near Rim Rock Road shortly after 10 a.m., said Lt. Steve Shakowski of the El Cajon police.

He found a man in his house near the back door. The intruder had already taken some of the man's property out of the house and had stacked it outside.

The homeowner ordered the man to stop, Shakowski said. But even though he was at gunpoint, the intruder ran away to a pickup truck parked outside.

The resident followed the man outside, only to have the intruder try to ram him with the truck, Shakowski said.

He said the bullets missed the motorist but hit the truck and one of its tires.
Hanover, Ohio

From the Columbus Dispatch of July 19, 2006
Woman kills neighbor’s wolves in self-defense

As an animal lover, Kathy Bryan hated to put them down.

But when the three wolves began trying to encircle her, she felt she didn’t have a choice.

She killed two of them with shotgun blasts. A deputy sheriff later tracked down and shot the third. All had escaped from a pen at a neighbor’s house.

The unusual scene played out Sunday morning at the Bryans’ home on Rock Haven Road near Hanover in Licking County.

She went to investigate when her three dogs began baying. Bryan saw a wolf with its mouth around the neck of Roo the beagle. The wolf was tugging on Roo as if he was trying to yank him off his chain.

After grabbing a shotgun, she fired a warning shot into the air. The wolf let go of Roo, but things became more ominous when all three wolves began to circle her.

"I didn’t want to do it. I was upset," Bryan said yesterday of her decision to act in selfdefense. "A wolf is dangerous. You shouldn’t even have a wolf."

The wolves were owned by Robert Pitt, who has periodically kept exotic pets. No state permit is required to own a wolf. Pitt holds permits to keep a bobcat, coyote and raccoon, according to state records.

Pitt declined to comment yesterday. According to police reports, Pitt agreed with the need to kill his wolves.

Bryan said she has expressed concerns over the years about the dangers that could be posed by animals escaping from what she called her neighbor’s "zoo."

Roo, meanwhile, was doing fine after being treated for bites to his neck and back.

Tuesday, July 18, 2006

Loma Linda, California

From the Redlands Daily Facts of July 18, 2006
Bandit shot dead by armed clerk

An armed clerk at a convenience store surprised a gunman attempting to rob the store Monday at 8:30 p.m., fatally wounding him.

The stricken bandit stumbled from Nader's Market at the three Star Plaza in the 25000 block of Redlands Boulevard to a waiting getaway car. He fell to the pavement as he tried to scramble into the vehicle. The getaway driver sped away, leaving his partner behind.

The wounded man was taken to Loma Linda University Medical Center where he died shortly after 9 p.m., sheriff's deputies said.

The dead man was Latino and estimated to be in his late 20s or early 30s. No description of the getaway driver was available. Witnesses could only say the bandits' vehicle is a newer car.

A detective at the scene said the getaway driver could face a murder charge because his partner was killed during commission of a crime he participated in.

The identity of the clerk who did the shooting was withheld by investigators. No explanation was available at about 11:30 p.m. Monday as to how the clerk managed to turn the tables on the robber.
Aurora, Colorado

From July 18, 2006 channel 7:
AURORA, Colo. -- A homeowner shot and killed a man who he said tried to force his way into the home Tuesday morning.

It happened in the 1700 block Fulton at about 8:27 a.m.

"The intruder used a window that was partially opened with an air conditioning unit to gain entry into the home and climbed inside," said Detective Bob Friel. "At that point he was confronted by the homeowner and the intruder was shot one time with a shotgun."

According to Friel, the intruder pushed out the air conditioner to gain just before he was shot.

Police said the man was rushed to the hospital but died from his wounds. They also said the homeowner had been burglarized in the past.
Visalia, California

From the Visalia Times Delta of July 18, 2006
Man shoots burglary suspect

Couple thought they heard a shot and responded

Sandra Wilson said she and her husband thought a would-be burglar shot at them last Saturday night.

But what they actually heard, said Tulare County Sheriff's Sgt. Chris Douglass, was the sound of someone out front shattering the glass of their double-paned living room window.

\Inside the house, the sound of a brick from the Wilsons' front garden crashing through the glass "sounded like a shotgun blast," which made the couple think somebody was shooting at them, she said.

So Wilson's husband, John, a hunter who had armed himself with a rifle to investigate what sounded like a break-in, fired back, she said. Sheriff's officials said at least one of those shots hit one of the suspects, a woman.

On Monday, three holes from those shots remained in the front window panes that hadn't been shattered by the brick.

Wilson said she and her husband thought their lives were in danger before her husband fired.

Douglass said Sheriff's investigators believe the couple reasonably thought somebody had fired a gun at their home.

When she and her husband went outside, Sandra Wilson said, they found a wounded woman covered with broken glass lying in the flower bed under the window. They heard a car speed away from their rural neighborhood on Avenue 266, south of Visalia.

Sheriff's officials would not say how badly wounded the woman, considered a suspect in the case, was. She was taken to University Medical Center in Fresno and may be arrested after she is released, Douglass said.

Because she wasn't in custody, the Sheriff's Department would not disclose her name Monday.

On the other hand, deputies did disclose the name of Nathan Michael Dean, 32, of Visalia, whom Sheriff's detectives identified as a second suspect in the case and arrested Sunday on suspicion of burglary of an inhabited dwelling and assault with a deadly weapon.

He was being held Monday in the Tulare County Main Jail on $35,000 bail.

Monday, July 17, 2006

Beavercreek, Oregon

From Portland’s KGW.com of July 16, 2006
Beavercreek storeowner shoots alleged burglar

A storeowner shot and wounded a 16-year-old in the back side after he tried to rob his Beavercreek store Saturday night and helped nab another man, sheriff's deputies said.

The alleged burglar remains hospitalized and a second suspect, Jamal James Shihadeh, 18, was charged with first-degree burglary, said Detective James Strovink, a spokesman for the Clackamas County Sheriff’s Office.

Bail was set at $50,000. Shihadeh is scheduled to be arraigned at 3 p.m. July 17th in the Clackamas County Circuit Court.

Police said Robert Finke, the owner of Clarks General Store on South Beavercreek Road, and a neighbor heard breaking glass around 11 p.m. Saturday night and ran to the store, confronting two burglars inside.

The owner held one suspect at gunpoint inside the store, then ordered him to the front porch of the store where he told him to empty his pockets with items stolen from the store, Strovink said.

Shihadeh, who had initially fled the burglary scene, returned to the store and said he was armed with a gun. Both suspects ran from the store, with Finke and his neighbor Travis Wilber in hot pursuit.

Investigators said one of suspects fired several rounds from a weapon, but no one was hit.

Finke, who was armed with a shotgun, shot the 16-year-old suspect once in the rear end with a buckshot load type of ammunition.

The suspect was later airlifted to Legacy Emanuel Hospital in Portland.

When Clackamas County Sheriff's deputies arrived on the scene, Shihadeh was found and taken into custody.

Finke and Wilber were not injured.
Richardson, Texas

From Dallas-Fort Worth’s WFAA.com of July 17, 2006
Man killed by wife, police say

She cites self-defense; husband arrested last month

Richardson police are investigating the death of a 48-year-old man who they say was shot by his wife Saturday night.

Police received a 911 call at 11:04 p.m. Saturday from Linda Weng, 55, who said she had shot her husband, David Weng.

Officers found Mr. Weng dead, apparently from a single gunshot wound to the chest, inside the couple's home in the 2100 block of Plymouth Rock Drive.

Richardson police Sgt. Kevin Perlich said police were investigating the incident as a domestic shooting.

He said Ms. Weng had marks on her body that showed there had been physical contact between the couple before the shooting.

Ms. Weng was treated for minor injuries at the scene. Sgt. Perlich said Ms. Weng was then taken to the Police Department for questioning and was released pending further investigation.

"She is making the claim that it was self-defense and that she was protecting her life," Sgt. Perlich said. "She's very distraught over the whole incident. And unfortunately, there had been a little bit of history there with it."

Last month, Richardson police went to the home and arrested Mr. Weng in connection with a family violence incident, Sgt. Perlich said. Ms. Weng manages a fence company, and her husband worked as a security guard.

Sunday, July 16, 2006

Los Angeles, California

From Los Angeles’ CBS2.com of July 16, 2006
Son Shoots Man Holding Gun To His Mother's Head

A man shot a suspected robber who held a gun to his mother's head outside her South Los Angeles home, however the wounded man and two accomplices fled the scene.

The shooting occurred about 10:45 p.m. Saturday in the 2000 block of West 94th Street.

According to Los Angeles police Sgt. Peter Casey, three men stopped the woman outside her home and one put a gun to her head. She called for help and her 28-year-old son shot the one holding the gun to her head.

All three suspects fled on foot, with the wounded one leaving a trail of blood that led to where the trio got into a vehicle and drove away.

Two guns belonging to the suspect were found at the scene. Police monitored area hospitals in anticipation that the wounded man would seek medical attention.

Saturday, July 15, 2006

Doniphan, Missouri

From Jonesboro, Arkansas’ KAIT8.com of July 14, 2006
Fatal Shooting in Doniphan Appears to be Case of Self-Defense

A Doniphan man being held for the fatal shooting of another man following an altercation in a home shortly after midnight Thursday was released from the Doniphan jail this morning shortly after 2 a.m., after investigators determined that he shot and killed 36-year-old Rodney Ray in self-defense.

Doniphan Police Chief Richard Joyner told K8 News that Ray entered the home of 25-year-old Michael Boone around midnight Wednesday evening and began arguing with a woman the chief described as Ray's girlfriend inside a bedroom in the home. Chief Joyner said investigation shows that Ray then entered the home's living room and began arguing with Boone, who by that time had armed himself with a .22-caliber pistol and then asked Ray to leave. The chief says when Ray ignored Boone's request, Boone fired two "warning shots" into the floor of the residence, at which point Ray allegedly advanced on Boone as if he were going to attack him. When that happened, Boone fired a fatal shot at Ray.

Doniphan officers were called to the residence at 12:27 a.m. Upon their arrival in the 700 block of East Washington Street, they found Ray on his back with a woman on top of him trying to administer CPR. Upon closer inspection, officers found Ray with no pulse, suffering from a gunshot wound to the head.

Boone was taken into custody as the Doniphan PD was joined in the investigation by the Ripley County Sheriff's Department and the Missouri Highway Patrol. Chief Joyner says further investigation determined that Boone shot Ray in self-defense, and he was released after being held for 24 hours.

Joyner stressed that the investigation is not yet closed, and a coroner's inquest is planned.

Friday, July 14, 2006

Newport News, Virginia

From Norfolk’s WAVY.com of July 14, 2006
Robbery victim shoots and kills one robber, wounds another

Newport News police are searching for a suspect in an armed robbery which resulted in one of the robbers shot dead, a second shot and wounded, and a third on the run.

Police tell us that they responded to a 'shots fired' call near the first block of Heritage Way shortly after 1:30 AM. When they got there, they found a 32 year-old man lying in a breezeway between two apartment buildings in the complex. He had multiple gunshot wounds.

He was taken to Riverside Regional Medical Center where he died shortly after he arrived.

Other officers responding to the same call passed a man walking on Warwick Blvd. with blood on his clothing who was trying to get their attention.

The officers detained and questioned 22 year-old Morris Brown, and discovered he was the victim of a robbery which resulted in a gunfight. The man found shot was one of the robbers.

Brown told police that he'd dropped a friend off at the apartment complex. As he was leaving, he was approached by two men who were looking for drugs. When Brown told them he didn't have any, the men told Brown they were robbing him, while a third man came up from behind.

The third man grabbed Brown and a struggle ensued with the men assaulting Brown until one of them produced a gun, at which time Brown stopped resisting and gave the robbers what he had.

The suspects started to leave, but then the third man turned towards Brown and pointed the gun at him. Brown then pulled a gun of his own and fired at the robbers. He then fled and went to find police.

Shortly after 2 AM, a man walked into the emergency room at Mary Immaculate Hospital with a gunshot wound. After he was treated, detectives determined that he was one of the men involved in the robbery of Brown. He was subsequently charged with one count each of robbery and use of a firearm in the commission of a felony.

Police are still looking for the third suspect, as well as the gun used in the robbery.
In a subsequent article in the Hampton Roads Daily Press of July 15, 2006, it was reported:
Man being robbed kills an attacker, police say



Brown, who has a concealed weapons permit for his gun, likely won't be charged, Thurston said, because at this point the shooting is considered a justifiable homicide.
Austin, Texas

From Austin’s KXAN.com of July 14, 2006
Man Fatally Shot While Breaking Into Home

A home invasion leads to a shootout in East Austin leaving one man dead, two others wounded.

It happened on the 6100 block of Duchess in a neighborhood off of MLK Boulevard and Highway 183 just after 2 a.m. Friday.

Detectives just took down the crime tape at the house, but they have a mess on their hands with three crime scenes, three people involved and one man dead and two others hospitalized.

Neighbors woke up to police dogs, flashing lights and a murder scene.

"I only heard gun shots, and then I heard people fighting and I didn't realize that they were gun shots. Nothing like this has ever happened here. Tis [sic] neighborhood has always been peaceful," neighbor Lorenzo Torres said.

Police say two men forced their way into the house and got into a gun battle with the man inside the home. The victim suffered life threatening wounds.

The suspects escaped one jumped through the back yards and collapsed in a neighbors yard. The second suspect was found dead about a block away.
Manley Hot Springs, Alaska

From the Anchorage Daily News of July 14, 2006
Tourist kills man who pointed gun at trooper

Shooter says victim had fired at him and companion.

A man was shot to death near Manley Hot Springs on Tuesday after pointing a long gun at an Alaska state trooper, officials said Thursday.

The man was shot by an out-of-state fisherman who had called for trooper assistance because, he said, the man who was killed had earlier been shooting at him and a fishing partner. The trooper was Michael Wery, based in Fairbanks.

The dead man had lived in the 75-person community of Manley Hot Springs for several years and had been camping nearby for what troopers say may have been several months.

The two men didn't know each other and troopers said their identities would be released only after family members had been notified.

Trooper spokesman Brandon Anderson said the man who was shot was 40 years old and had a criminal history, including a DUI.

The incident is still under investigation. Troopers don't know why he may have been shooting at the fishermen, who had been sportfishing on the Tanana River.

Troopers also didn't say whether the fisherman, a 42-year-old tourist from Arizona, would be charged in the shooting.

A law passed recently by the Alaska Legislature allows a person to use deadly force in self defense outside the home, but the law doesn't go into effect until mid-September.

"There will certainly be an investigation into whether it was defense of self and defense of a trooper," Anderson said.
Woodbridge, California

From the Lodi News-Sentinel of July 14, 2006
Officials: Son threatened father with poker before shooting

Woodbridge father not arrested, son remains hospitalized

Before his father shot him in the leg Wednesday evening, Jason Roush allegedly threatened him with a poker and also had a court order not to harass his father.

Roush, 25, was wounded in the lower left leg when his father, Mel Roush, 55, fired a 9 mm handgun at him in the yard of his Woodbridge home, according to San Joaquin County Sheriff's deputies.

The younger Roush was treated at Lodi Memorial Hospital and listed in stable condition, but he was then transferred to UC Davis Medical Center in Sacramento. He remained there Thursday evening and was listed in serious condition, a hospital spokesman said.

Court records show that Jason Roush is scheduled next Wednesday to begin serving a 45-day jail sentence for vandalizing his mother's property, and that he was already on probation for battery against his father.

Sheriff's officials on Thursday continued their investigation in the shooting but made no arrests.

The case will be given to the District Attorney's Office to determine whether charges should be filed or if it was a case of self-defense, Sheriff's spokesman Les Garcia said.

"The son was intoxicated and started to brandish a poker at several people, threatening to kill his father. In an effort to protect himself, the father shot at his (son's) lower body," Garcia said Thursday.

Mel Roush remained at the North Lower Sacramento Road scene after the 4 p.m. shooting Wednesday, and Lodi Police officers detained him and confiscated the gun. They turned the case over to arriving Sheriff's deputies.

Court records show that the younger Roush has pleaded guilty to various charges in eight separate criminal cases since 2001. The charges, all misdemeanors, included vandalism, battery, possession of controlled drug paraphernalia, vehicle theft and driving with a blood-alcohol level of more than twice the legal limit.

He pleaded guilty to battery against his father on Sept. 30 and was sentenced to six months in jail and placed on five years of formal probation. Probation conditions included orders not to annoy, threaten, strike or harass Mel Roush, court records show.

Jason Roush was most recently in court June 21, three weeks before the shooting, because he had failed to serve a 30-day jail sentence for vandalism — a case that resulted in a judge ordering him to not harass his mother. A judge gave him 15 more days in jail and ordered him to appear at the county jail next Wednesday, a common practice for misdemeanor cases.

Thursday, July 13, 2006

Buffalo, New York

From the Buffalo News of July 13, 2006
Deliveryman pulls gun on robbers; holds one

Four youths tried to rob a pizza deliveryman at gunpoint Tuesday night, but the deliveryman pulled out his own gun and held one of the robbers until police arrived, police reported.

One boy, whose name was not released, was charged with attempted robbery, criminal possession of a weapon and criminal use of a firearm. His three young accomplices are still being sought.

The four juveniles ordered a pizza from Tomatoes Pizza, 1393 Kensington Ave., at about 8 p.m., Northeast District police said.

When the deliveryman brought the food to a house several blocks away on Kensington, the boys confronted him at gunpoint, and demanded his food and everything in his pockets. The deliveryman pulled out a .38-caliber revolver and three of the juveniles ran away.
Cincinnati, Ohio

From Cincinnati’s Fox19.com of July 13, 2006
Robber Shot By Clerk During Attempted Robbery

According to police, a robber is on the loose and another is suffering from an eye injury this afternoon after a robbery attempt at a local deli.

Police say that two people attempted a robbery at Don's Deli on Latham and Beech Streets in Price Hill. After attempting the robbery police say that a gunfight ensued between the two and a clerk at the store. Police say that they don't know who fired first but say that one of the suspects was hit in the eye by a bullet and a clerk suffered minor wounds as a result of the gunfight.

The two suspects then fled the store and headed to Deaconess Hospital where the injured suspect was dropped off. He has since been taking to University Hospital where he is being treated. Police continue to look for the other suspect who remains on the loose.

Witnesses tell FOX19 News that six to ten shots were fired in the store and that the store is a mess.

Police continue to look for the other suspect who is driving a powder blue Toyota Camry.
Durham, North Carolina

From Raleigh‘s News14.com of July 13, 2006
Durham store owner breaks up robbery to save friend

On Wednesday evening, David Baum was standing next to his car in the parking lot of David Lineberry's jewelry store, talking on his cell phone, when he saw two men approaching.

"The one in front, the bigger one," remembers David Baum, "had a gun, already out."

Police say the man with a gun was 24-year-old Rashad Rogers. Baum says Rogers demanded his wallet, and when Rogers saw it did not have any cash in it, Rogers threatened him.

Baum recalls, "He said, 'Aw, cuz,' he goes, 'I'm going to have to kill you.'"

Meanwhile, David Lineberry was sitting in his office. He looked out the window and saw what was happening.

"As they were approaching him," David Lineberry explained, "I see a weapon being produced. I immediately grabbed my weapon and proceeded outside."

Lineberry fired three shots at the suspect, who he says had pointed his gun at him. The suspect ran. Soon after, Durham Police, with the help of a K-9 named Sherlock, tracked down Rashad Rogers in a nearby apartment complex.

Baum credits Lineberry for saving his life. "There was no doubt in my mind this was it. If [David] hadn't come out, that was it."
Odessa, Texas

From the July 13, 2006 Midland Reporter-Telegram:
ODESSA -- An Odessa homeowner shot one of two suspects allegedly attempting to burglarize his vehicles early Wednesday, police said.

According to a statement released Wednesday by the Odessa Police Department, authorities responded at approximately 1:40 a.m. to the 6500 block of Opal Drive in reference to a gunshot victim, who was transported to Medical Center Hospital where he was treated.

A preliminary investigation revealed the homeowner had observed two white male suspects burglarizing his 2005 Chevy Suburban. The suspects had also allegedly burglarized the homeowner's second vehicle, a 2002 Ford Mustang.

The homeowner fired two shots from a handgun, with one flying in the air and the second in the direction of the suspects. One suspect was struck and the second suspect fled from the scene. Officers recovered stolen items from the homeowner's vehicles.
Note: Texas is pretty tolerant of shooting someone for burglarizing a vehicle--although the shooter may still have some anxious hours about this--but in most other states, this would not qualify as a lawful shooting, or even close.
Shreveport, Louisiana

From the Shreveport Times of July 13, 2006
Business owner kills suspected burglar

A suspected burglar was shot dead shortly before midnight Wednesday at a tax business in the 4500 block of Rightway Avenue in Shreveport. And police say the owner of the business where the shooting occurred, a 74-year-old who lives next door, will not be charged.

An alarm company called the business owner to report that it had detected motion in the building located between Drexel and Woodford streets. The business owner armed himself and went to check it out, not calling authorities at that time, police spokeswoman Kacee Hargrave said.

The business owner found a suspected burglar hiding in a bathroom in the back of the business and fired one shot, fatally wounding him, Hargrave said.

Police were summoned to the scene at 11:45 p.m., records show.

Authorities found hunting and fishing equipment, including guns, in a pile in the business as if they were being rounded up to be taken, Hargrave said.

The business owner "is not going to be charged. But the case will be sent to the DA's office for review, as is standard in cases of justifiable homicide," she said.

Hargrave would not identify the business owner. "We don't release names of people unless they are charged."

And all authorities know about the dead man is that he is a black male in his upper teens to early 20s, Hargrave said.
From Shreveport’s KTBS.com of August 2, 2006
D.A.: Business Owner Justified in Shooting Burglar

Shreveport business owner was justified in shooting and killing a burglar he caught in his business last month, Caddo District Attorney Paul Carmouche said Wednesday.

The district attorney's office reviewed the shooting and determined no charges should be filed against 74-year-old Dudley Hay.

Hay went to his business in the middle of the night after a burglar alarm alerted him to trouble at the tax-service and gun-cleaning and repair shop located next door to his house on Rightway Avenue.

Hay got a gun and went to investigate on his own and found a man hiding in a bathtub, Carmouche said. Hay said 19-year-old Eric Bryant of Shreveport stood up and confronted him, so he fired one shot.

"We feel it very clearly fits under the justifiable homicide statute," Carmouche said. "The business owner was convinced it was 'him or me.'"

Hay did not call police after the alarm company call, deciding to go check on it himself. Carmouche said there had been false alarms at the business before.

"The alarm company called him and asked if they should call police. He said, 'Let me check it first,'" Carmouche said, not that is not unusual in cases of repeated false alarms.

Louisiana's shoot-the-burglar law allows property owners to defend themselves.

In the 28 years Carmouche has been district attorney, his office has never prosecuted a property owner who shot a burglar inside his home or business. The ones who were charged had shot people who were outside their home and posed no threat.

Wednesday, July 12, 2006

Brownsville, Texas

From Harlingen’s Team4News.com of July 12, 2006
Police: Home Owner Shoots Robber

A Brownsville man woke up this morning having to protect his home from a potential robber.

What a crazy morning for Enrique Cavazos who started his day with gunfire.

Police say a friend, standing outside Enrique's home, woke him up just after three in the morning.

His friend told him several people, with guns, were getting out of a van and were headed towards the house.

One of those men was Cosme Sanchez. Officers say the group intended to rob Enrique's house, but he quickly took control of the situation.

"The suspect, also armed with a handgun, raised a gun at the homeowner and viably so defended his home and himself fired at Sanchez and shot him in the leg," says Sgt. Jimmy Manrrique with Brownsville police.

Sanchez is in stable condition at Valley Baptist Medical Center, but doctors say there's a chance he could lose his leg.

There will be no charges for Cavazos, because he was armed inside his home and is a licensed to carry a gun.

Aggravated assault charges are pending for Sanchez and police say they expect to arrest more suspects in this case.
Houston, Texas

From the Houston Chronicle of July 12, 2006
Houston businessman fatally shoots suspected burglar

A downtown business owner fatally shot a suspected burglar and wounded a second men [sic] early this morning after they broke into his warehouse, Houston police said.

The owner was asleep inside Liquid Logos in the 2000 block of Commerce about 3 a.m. when the two men forced their way into the business.

"The (owner) was startled and armed himself and confronted both suspect [sic]," Officer Gabe Ortiz, a Houston police spokesman said.

One of the men charged at the owner, who opened fire, fearing for his life, police said.

"The (owner) discharged his weapon and struck both suspects," Ortiz said.

Officers discovered the slain burglary suspect lying face-down on the floor of the warehouse. The other man fled but was arrested at nearby Minute Maid Park, police said.

The fatal shooting remains under investigation, police said.
Atlanta, Texas

From the Texarkana Gazette News of July 12, 2006
Atlanta man shot to death

Witnesses: Intruder went for resident

The Cass County Sheriff’s Office is investigating the shooting death of a local man who allegedly entered a home unannounced and fought with a resident early Tuesday.

Timothy Dean Havard, 35, of Atlanta, Texas, died at the scene on County Road 4673 from a gunshot wound according to information from the Cass County Sheriff’s Office.

Investigators received the call about the shooting about 8:14 a.m.

Jason Lollar, a resident of the house where the shooting occurred was taken to Atlanta Hospital by ambulance to be treated for a laceration to his face.

Witnesses at the residence told investigators that Havard had entered the residence unannounced and after entering a bedroom, attacked Lollar.

Witnesses said Lollar then grabbed a weapon and shot Havard.

No information was available on the weapon late Tuesday.

The body was sent to Dallas for an autopsy.

The investigation is continuing.
From the Texarkana Gazette of July 13, 2006
Police continue probe into fatal shooting

The investigation into the shooting of a local man is ongoing, but the case will most likely go before a grand jury, Cass County Sheriff James “Troop” Estes said Wednesday.

Timothy Dean Havard, 35, of Atlanta died early Tuesday at a residence on County Road 4673 in Atlanta after being shot twice, allegedly by Jason Lollar.

Investigators believe Havard entered the house unannounced and was shot by Lollar, who had been staying at the house for about three months, Estes said.

Police have recovered the 30-30 rifle they believe was used in the shooting.

Estes said Havard’s wife was also in the house when the shooting occurred.

Havard’s body has been sent to Dallas for an autopsy.

Tuesday, July 11, 2006

Knockemstiff, Ohio

From the Columbus Dispatch of July 11, 2006
Men shot, perhaps in break-in attempt

Ross County deputies are investigating the shootings of two men yesterday morning in an apparent home invasion.

Deputies got a call between 1:30 and 2 a.m. from a man at 4999 Black Run Rd., reporting that people were trying to break into the house, Sheriff Ron Nichols said.

The man, whose identity could not be confirmed yesterday, asked police to respond and said that he thought he shot one of the intruders, Nichols said.

The reported intruders left the house, located about 10 miles southwest of Chillicothe and just north of Knockemstiff, before authorities arrived, Nichols said.

A short time later, a Chillicothe police officer pulled over a vehicle and found Jason Van-Hooser and Wayne Detty, both of Chillicothe, inside.

VanHooser, 31, was shot in the head and arm. He was taken to Adena Regional Medical Center, then flown to Ohio State University Medical Center in Columbus, Nichols said.

A hospital spokeswoman said she was not allowed to release his condition.

Detty, 29, was treated for a gunshot wound to the upper arm and released. He did not return a phone call yesterday.

Phone numbers for the Black Run Road residence and Van-Hooser were disconnected.

Authorities are interviewing witnesses and have made no arrests, Nichols said. The investigation will be forwarded to the Ross County prosecutor’s office for review.
From the Chillicothe Gazette of July 22, 2006
No charges filed in invasion, shooting

Charges have not been filed in the home invasion where a Chillicothe man was shot.

However, investigators are waiting to see if Jason Vanhooser dies before making a ruling on the case.

"There has been no charges filed so the clock is not running," Nichols said to explain why investigators are waiting. "We have seven years to file a felony charge."

The case, originally reported as a possible intrusion at the residence of Dan Steele, 4999 Black Run Road, may not turn out to be one, Nichols added.

"We are looking at a felony charge, possibly felonious assault from this case," he said. "We know what we were told and it could still be a home invasion is they tried to break in even if they are trying to cover up something else."

Vanhooser was shot in the head and taken by helicopter to a Columbus hospital, where he is in serious condition. Nichols said because of his injuries he will never be the same again. A second man, Wayne Detty, was treated and released from the emergency room at Adena Regional Medical Center.
Murfreesboro, Tennessee

From Murfreesboro‘s The Daily News Journal of July 11, 2006
Man grabs robber's shotgun

Clifford Davis wrestled a shotgun away from a potential robber and fired twice at the young man, scaring him and two companions away, Murfreesboro Police reported Monday.

Davis answered a knock at the door about 11:30 p.m. Thursday at his Colony House apartment on Huntington Drive near Highland Avenue. He was met by three males, with one pointing a shotgun at him.

Davis grabbed the shotgun and wrestled with the suspect to take control of the gun, Officer Amy Cassidy reported. Davis pushed the suspect outside his apartment and onto the hood of a car.

When the suspect threatened to kill him, Davis worked his finger into the trigger guard and fired into the air. The suspects backed away. Davis fired another round and they retreated.

Davis described the suspects as three young black males about 16 to 18 years old.

Police recovered the shotgun and two spent shells.

Monday, July 10, 2006

Greenville, South Carolina

From Greenville’s Fox21.com of July 10, 2006
12 Year Old Points Gun at Burglars; Group Takes Off

An accused group of thugs-- thwarted by a 12-year old with a gun. It happened in Greenville when police say five masked men stormed into a house and started beating up the child's father.

FOX Carolina's Jamie Guirola reports, Try and picture it. A 12 year old walks into the living room, sees his mother frantically protecting the baby, and several strangers attacking his father. The 12 year old rushes out of the living room-- but comes back pointing a gun at the five suspects. As of Monday night-- all but one are in jail.

These are the alleged home invaders without their masks. The youngest barely seventeen, the oldest just 20. George Dickert didn't have time to think about their ages when he tells us they broke into his home and tried to rob his family.

George Dickert/Victim: "F*$# you! That's what I was thinking."

Sunday night, George says, one of the suspects in the group followed him into his house after he smoked a cigarette. He tells us the man pulled out a gun, threatening him. When George reached for a different gun in self-defense a fight broke out.

George: "I work five days a week and my wife works six days a week. We're an honest couple. We do what we have to do to make a living and some idiot decided he wanted what I had."

When the struggle started, police say, two other men came into the house and started beating on George. That's when George's 12 year old made the move credited with scaring the accused thugs out of the house-- and stopping the burglary-- without even firing the gun.'

George: "He did what he had to do to protect his family last night. And a 12 year old child should never have to go through that. Even if he does know what to do, he should not have to do that."

Police later found these four near George's home sweating and breathing heavily. Something George hopes they'll do again if they're convicted and sentenced to the max.

George: "...And I will press and push and do whatever it takes to make sure every individual in it gets it."

Police aren't releasing details about the fifth person they're looking for. George says he has five guns in the house. His taught his son how to use each of them.
San Antonio, Texas

From San Antonio’s KSAT.com of July 10, 2006
Homeowner Shoots, Kills Intruder

Police Looking For 2 Other Men

A homeowner fatally wounded a man who tried to break into a home early Monday on the far North Side.

Police said they received a call at 2:30 a.m. for a robbery in progress at a home in the 2500 block of Summit Creek.

When police arrived, they found a man lying in the street about a block from where the call was received.

The homeowner told police that two pickup trucks carrying three men pulled up to his home, and the trio immediately tried to kick in the front door to his home.

From a second-floor landing, the homeowner fired eight shots down the stairs.

Police said the suspected intruder who died ran at least one block before collapsing on Summit Crest and Summit Creek.

There was a manhunt for the two other men, who may have also been wounded, police said.

The homeowner is not expected to be charged because he was in fear of his life and was defending himself and his home, police said.

Sunday, July 9, 2006

Columbus, Ohio

From Columbus’ NBC4i.com of July 9, 2006
Police: Victim Shoots Burglary Suspects

Suspects Expected To Recover

Two suspects in a home invasion are recovering after being shot by an apparent victim.

The shooting occurred at an apartment on Cherry Hill Court at about 9 p.m., NBC 4 reported.

Police said two people held a resident at knifepoint, but the victim was able to escape and grab a gun.

The victim then shot the two suspects, police said.

Both suspects were taken into custody and are expected to recover.
Charlotte, North Carolina

From Charlotte’s WSOCtv.com of July 9, 2006
Security Guard Opens Fire On Robbers

A security guard walked up on a robbery in progress at a SW Charlotte business late Saturday night.

The incident happened just before midnight at the Bankers Bar and Restaurant in the 200 block of Woodlawn. When the security guard spotted the robbers they got into their car and tried to run him over. That's when the guard pulled out his gun and fired several shots at the suspects as they left the scene. Police soon arrived and got behind the suspects. The two men then jumped from their vehicle and started running along Longwood. One suspect was captured and is being questioned by robbery detectives. The second suspect had not yet been arrested at the time of this report.
West Bloomfield, Michigan

From Livonia’s HomeTownLife.com of July 9, 2006
Senior with pacemaker fights off intruders

Fight, die or give in.

Faced with those choices, a 61-year-old West Bloomfield man parried away a shotgun barrel as it fired, forcing a buckshot load of lead over his shoulder. The township man then drew his own handgun and shot an intruder inside his garage in the 4800 block of Trailview at 3 a.m. July 4.

"I love this guy," said West Bloomfield Lt. Tim Diamond. "He made a move on the gun with his arm in a sling. That's a guy with cojones."

The resident's arm was in a sling because a pacemaker was installed in his chest the week before. Despite all that, his bullet struck the intruder. But the resident, who owns a bar in Detroit, soon found out there were actually three would-be robbers waiting for him when he returned home from work. A struggle ensued with the resident trying to fend off two of the intruders. The suspects eventually got control of both the handgun and the shotgun.

"It was a calamity of errors," said Diamond. "There could have been two people killed."

Shot and bleeding profusely, one suspect needed medical attention fast so all three fled taking the guns with them.

Two men dropped off a man with a bullet wound at the emergency room of Providence Hospital in Southfield later that morning.

Coincidentally, a West Bloomfield police officer was sitting in the same emergency room. The attempted robbery victim complained of chest pains and also suffered a cut finger so police took him to Providence. The resident identified a man walking into the emergency room as the same person who tried to rob him a short time before.

Police weren't able to question the suspect as medical staff whisked him off for several hours of emergency surgery. His family hired an attorney by the time the anesthesia wore off and police didn't interview him that day.

Police later identified additional suspects through hospital videotapes and telephone records.

(More)
Dallas, Texas

From Dallas’ WFAA.com of July 9, 2006
Robbery suspect fatally shot by S. Dallas liquor store owner

Police say evidence shows man acted in self-defense

An attempted robbery in a South Dallas liquor store ended in a fatal shooting Saturday after the store's 64-year-old owner shot and killed the suspect, police said.

Police said the shooting appeared to be in self-defense. Forest Red's Liquor owner Suot La was attacked by the man, whose identity was not released, and was treated at Baylor University Medical Center for lacerations, Dallas police spokesman Gil Cerda said.

Mr. La's official condition was not available Saturday afternoon. The store was closed about two hours after the shooting occurred.

Mr. La shot the suspect at least once, Sgt. Cerda said. The man, who was in his 30s or 40s, died at Baylor University Medical Center.

The incident unfolded about 3 p.m. in the 5000 block of South Lamar Street when the man walked into the store and asked Mr. La's wife, Soum Xieu, who was the cashier, to cash a check. Ms. Xieu told the man they didn't cash the type of check he had, Sgt. Cerda said.

The man then jumped over the counter and started beating the petite woman. When the suspect saw Mr. La come toward them from the rear of the store, he shot at him at least once with a sawed-off shotgun but missed. The men scuffled, and Mr. La, who was armed, shot the man with a handgun.

(More)

Saturday, July 8, 2006

Mesa Arizona

From Mesa’s East Valley Tribune of July 8, 2006
Mesa man attacked mom prior to fatal shot, affidavit says

A Mesa mother used a handgun and drugs to protect herself from her violent 19-year-old son, court records indicate. On at least one occasion, Lisa Sarytchoff pointed the .38-caliber handgun at Alexander Sarytchoff before turning and firing into the wall of the Mesa home they had shared.

She also gave him a plastic bag of “green stuff ” that caused “strange odors” in an effort to keep him “calm and nice.”

Those details of the Sarytchoffs’ home life are contained in a search warrant affidavit and were provided by 10-year-old Shawn Sarytchoff to Mesa detectives investigating the June 7 fatal shooting of his older brother.

Lisa Sarytchoff admitted pulling the trigger and claimed self-defense, police said.

Mesa police spokesman Jerry Gissel said detectives have yet to submit the case for review to prosecutors at the Maricopa County Attorney’s Office, but they intend to.

Gissel said investigators found two witnesses who fled the house after the shooting, and they corroborated Lisa Sarytchoff’s version of events.

Shawn said his mother got the gun from his grandmother to protect herself from Alexander Sarytchoff who, according to police reports, was arrested in November after smashing a chair during an argument with his mother.

Shawn said that on the day before the fatal shooting he heard a commotion in the bedroom of the home at 9241 E. Ellis St. and walked in to find his brother standing over his mother, the warrant states.

The younger brother hit the older brother on the head with a frying pan, allowing him and his mother to flee for the night.

They returned to the house the next day, but Lisa and Alexander Sarytchoff got into another heated argument, this time over the use of her pickup truck. The shooting occurred afterward, the affidavit stated.