Dallas, Texas

From Dallas’ CBS11tv.com of August 31, 2006

Resident Shoots Intruder In Attempted Home Robbery

Police Search For Suspects In Separate Incidents

A would-be robber was critically wounded and an apartment resident died during two separate home robberies.

The first happened at an apartment complex in the 4500 block of Cedar Springs.

According to reports, three suspects forced their way inside a unit at the Tecali Apartments.

Officials said the resident jumped out of the window of his upstairs apartment and died at the scene.

His injuries were so severe police could not determine whether the man was shot or cut that badly from the broken glass.

The three suspects likely will face capital murder charges even if the fall killed the residents since the robbery was the reason he jumped, police said.

About two hours later and 20 minutes away in the 9400 block of Royal Lane, another man forced his way into an apartment.

This would-be robber was met with an armed tenant.

The alleged suspect was shot multiple times and transported to Baylor Hospital in extremely critical condition.

Texas law allows homeowners to use deadly force to protect themselves and their property. Officials would not confirm why this resident was taken away in handcuffs. No charges have been filed.

Could someone ‘splain how the victim who didn’t resist is better off?

Orlando, Florida

From the Orlando Sentinel of August 30, 2006

Eatery workers, suspects trade shots

A robbery suspect may have been wounded in a shootout with restaurant workers at an oyster bar late Sunday, according to Orlando police reports.

Employees and two suspects traded shots about 11:30 p.m. outside the back door of Froggers Grill and Bar Southwest on Conroy-Windermere Road, reports state.

Having been robbed a week earlier while taking out the trash, both kitchen workers told police they armed with themselves with .40-caliber and 9 mm pistols before doing the chore Sunday night, reports show.

The kitchen workers told police they stepped outside and were confronted by two men armed with a rifle and a pistol who ordered them to drop to their knees. Then one of the suspects fired a shot without striking either man, reports show.

The employees opened fire, and the suspects fled by jumping a fence.

Lyman, South Carolina

From August 30, 2006 WYFF channel 4:

LYMAN, S.C. -- A Lyman homeowner shot and killed two people he said were breaking into his house early Wednesday morning, investigators said.The shooting happened on Lawrence street at about 2:45 a.m.According to Spartanburg County Dispatchers, a man called to report that three people were trying to break into his home and that he had shot them.

At least one of the intruders was dead, the man said.When investigators arrived at the home, the man said that he had heard intruders and fired his shotgun when they opened his bedroom door.The coroner was called to the home at about 3 a.m. One of the people who was shot was found dead and the other was taken to Spartanburg Regional Hospital, where he died.Mike Shaw with Spartanburg County Coroner's office said that Marshall LeShawn Anderson, 28, and Travis Earl Anderson, 22, were killed.A third intruder was not shot and was arrested, investigators said.

Jackson, Mississippi

From the Jackson Clarion-Ledger of August 29, 2006

Jackson police probe shooting

Two men with bullet wounds found in south Jackson neighborhood

Two men with gunshot wounds were discovered in a pickup in a south Jackson neighborhood Monday afternoon shortly after two neighboring business owners reported shooting at armed, masked men who had attempted to enter one of the businesses.

The injured men were taken to the University of Mississippi Medical Center, one with a bullet wound to the neck and the other with a bullet wound to the arm.

Police Cmdr. Lee Vance said investigators were not ready to say whether the two crimes were connected. No charges had been filed Monday night.
…

Shortly after 3 p.m., workers at the Fairhill Drive address saw the men in front of the house, and police were called.

About 15 minutes earlier, an attempted robbery was reported at J Town Auto Sales, 1500 U.S. 80 West.

The owner reported firing at least two to three shots, Vance said.

The men then ran west down U.S. 80 and passed Standard Shift Transmission next door.

One of the men ran toward the owner, who also fired shots at them, Vance said.

An employee at the transmission shop who didn’t want to be identified said the business owner fired at one of the men after he pointed a gun at him.

J Town salesman Russell Seline said he saw his boss standing on the porch exchanging fire with the gunmen outside the business.

Surveillance cameras also captured the owner sitting at his desk when he apparently noticed something outside.

A woman sitting in front of his desk ducked down while he grabbed his gun, the video showed. When one of the gunmen opened the front door, the owner began firing.

“Instead of them shooting, they were getting shot at,” Seline said.

Bullet holes could be seen in the top of a silver Ford Probe, where Seline said the masked men took cover.

About 30 minutes before the attempted armed robbery, Seline said a man came in and paid $8,500 in cash for a Lincoln Navigator.

Seline said they couldn’t be certain that the two incidents were connected, but it is not often that someone comes in and pays cash for a vehicle.

Most purchases are made on credit and, if a cash purchase is made, it’s never for more than $2,500, he said.

Police did not release the names of the business owners.

Both went to the downtown police station Monday evening to be questioned further.

El Dorado, Kansas

From the El Dorado Times of August 28, 2006

Thomison found not guilty

A Butler County jury has returned a not guilty verdict in a case involving a shooting last year in El Dorado.

Bart M. Thomison, 21, had been charged with murder in the second degree or, in the alternative, involuntary manslaughter.

That was in connection with the shooting death of Joshua Freed, 19, at about 11 p.m. on the night of Aug. 18 of last year.

The shooting occurred as the result of a confrontration between Thomison and Freed in a driveway at a residence in the 1200 block of Douglas Road.

What follows is an extensive account of the background, the judge's instructions and statements by both attorneys. There is a strong implication that the jury accepted Thominson’s claim of self-defense, but no explicit statement to that effect appears here.

San Francisco, California

From the August 26, 2006 San Francisco Examiner:

A would-be armed attacker was shot dead Thursday after he entered an apartment in the Potrero Hill housing project, according to police.

Melvin Brown III, 28, was killed by an occupant of the apartment in the 1000 block of Connecticut Street, after he entered carrying an assault weapon. He was with a group, but the rest of the people ran off, and Brown entered the apartment alone, police spokeswoman Officer Maria Oropeza said Friday.

Several shots were fired after Brown entered the unit, Oropeza said. When the fray was over, two of the unit’s residents had been hit, as well as Brown, who was pronounced dead at the scene. Oropeza said police believe the attack was targeted.

Blanchard, Pennsylvania

From the Lock Haven Express of August 26, 2006

Burglar flees Blanchard house after being shot at

State police report an unknown person broke into the William D. Glossner residence, along Main Street, 7 p.m on Thursday, while Glossner was home.

The person fled the scene after Glossner shot at him, police said.

The unknown person is described as a teenage white male with a thin build.

Police said there is a possible reward for anyone assisting with an arrest.

Ashland, Ohio

From the Mansfield News Journal of August 26, 2006

Prosecutor: Jeromesville man will not be charged because shooting was self-defense

No criminal charges will be filed in connection with a shooting earlier this month in Jeromesville that sent a rural Ashland man to the hospital.

Prosecutor Ramona Francesconi-Rogers said Friday the shooting was self-defense after reviewing the facts in the case, statements from three people involved and applicable state law.

A. Thomas Piacent, 53, of 783 County Road 30A, Ashland, was shot in the abdomen Aug. 6 after entering the home of his stepson-in-law, Michael Bigley, at 36 Glenn St., Jeromesville, at around 9 p.m.

Piacent spent several days in critical condition at an out-of-town hospital and has since been released. Bigley, 35, spent several days in the Ashland County Jail before he was released without being charged.

Francesconi-Rogers said the incident started when Piacent read a published report that Bigley attacked a 17-year-old boy in front of his home and went to Glenn Street to confront Bigley about "things he felt were of an ongoing nature" involving the treatment of his stepdaughter and her children. Piacent went into the home and found Bigley in a back bedroom, where they got into a verbal argument.

Piacent called Bigley outside to "settle things like men," was locked out of the home, pounded on windows around the front door, went to his vehicle to get a cane and then broke down the door, which was locked with a deadbolt. The prosecutor said Bigley warned Piacent he would shoot if Piacent tried to come back in, and fired a .38-caliber handgun after Piacent shattered the doorframe when he re-entered.

Francesconi-Rogers said both men told essentially the same story to law enforcement officials, as did a man who accompanied Piacent as a witness and "for protection." He was not identified.

The prosecutor said she decided not to file charges or to take the case to the grand jury, which met Thursday and Friday, after reviewing the facts and applying Ohio law and the criteria for a successful self-defense argument. She said the criteria include:

. The defendant is not at fault for creating the situation that gave rise to the event that resulted in harm.

. The defendant has a reasonable belief he or she is in immediate or imminent danger of great bodily harm and the only means of retreat from that danger is the use of deadly force.

. The defendant has not violated the duty to retreat.

Francesconi-Rogers also pointed out that a person has no duty to retreat in their home before using deadly force or to use other means first to repel an assailant from coming in. She said the only people in the home at the time were Bigley and his three children, ages 7, 9 and 12.

"The answer appears very clear to me he had the right to defend himself in that home under those circumstances and that he would have established successful self-defense at trial," Francesconi-Rogers said. "Had I had any conflicting evidence or conflicting arguments within this office about what it might have constituted, I would have taken it to the grand jury.".

Geneva County, Alabama

From Dothan’s WTVY.com of August 24, 2006

Geneva Woman Shoots Intruder

Police are looking for a man reportedly shot by a one-armed, 75-year-old Geneva County woman during a burglary attempt.

At around 11:00PM Wednesday night, Catherine Tate says her burglar alarm indicated someone trying to get inside her bait shop.

The business is next to her home.

Tate says she found a man trying to get inside and refused to stop.

She says her business has been broken into several times in the past.

"When I heard the office alarm I came and grabbed my flashlight and gun. Then I came and saw him by the door. I shot him with this, a 38-caliber gun. I hit him. Yeah, I know I hit him," said Tate.

The suspect is described as only a small framed black male around 150-pounds.

Authorities are checking area emergency rooms to see if anyone matching that description comes in with a bullet wound.

Collinsville, Illinois

From the Belleville News-Democrat of August 25, 2006

Grand jury clears Collinsville man

A Madison County grand jury declined to issue any charges Thursday against a 36-year-old Collinsville man who fatally shot another man during a gunfight.

The grand jury heard testimony from witnesses and was given the option of charging the survivor with first-degree murder and second-degree murder. A prosecutor said the grand jury determined the survivor, who was shot three times before returning fire, acted in self-defense.

Will Joe Hunt, 25, died of a gunshot wound to the head Aug. 5 at a home in the 100 block of Idlerun Drive in Collinsville. Police and prosecutors declined to release the name of the man who shot him.

Madison County Assistant State's Attorney Jennifer Vucich said testimony indicated that Hunt and the survivor got into an argument at the survivor's home, then Hunt left and got a gun. Hunt returned and began firing shots, then the survivor, who was inside his home, grabbed a gun and went onto his porch.

"The guy who's still alive was shot three times, and he returned fire," Vucich said.

The survivor was shot three times in the leg.

Vucich said it's not clear what the argument was about. When police arrived after the gunfire, a crowd of about 100 people had gathered at the scene. Police from other agencies were called in to help control the crowd.

Beaumont, Texas

From the Beaumont Enterprise of August 24, 2006

Gun trumps machete in robbery try

A small arms race between a Beaumont man and two would be robbers ended with the suspects fleeing the scene, according to the Beaumont Police.

Police received a report of an attempted aggravated robbery just before 2 a.m. Thurs-day morning. According to police reports, two black men approached the door of a house in the 1200 block of Oregon Street When the lone male resident answered the door one of the men pulled out a machete and demanded cash. The resident then pulled out a hand gun.

The two suspects fled the area when the resident fired two rounds into the ground, the police report. No one was injured.

The suspects were both described as being about 5 foot 10 inches, in their early 20s and thin. Both were wearing white shirts and blue jeans and were seen leaving the area in a black older model vehicle. Police have no suspect.

Harrah, Oklahoma

From the Midwest City Sun of August 23, 2006

Resident takes action

Home invaders are shot at during broad daylight

With no phone available, a Harrah resident shot at two home invaders Sunday afternoon, according to the Harrah Police Department.

Police Chief Eddie Holland told The Sun that the homeowner, who lived near the intersection of N.E. 23rd Street and Peebly Road, hadn’t been able to contact them until at least 30 minutes after the incident because he lacked a phone. Harrah police used a canine unit to track the scent of the two men to car tracks leaving the wooded west end of a ballfield across the street.

According to the resident, who declined to be named, two black men — a shorter one with Bermuda shorts and a football jersey and a medium-sized one with longer hair — pulled up into the driveway at approximately 10 a.m. and knocked on the door and rang the doorbell. The homeowner didn’t answer after seeing the two look in through the blinds of the front window. The two men left and later returned and at one point kicked the back garage door and cut open the kitchen screen window.

“I’m watching him from one set of blinds as he peers in another,” the resident said.

Though the license plate of the vehicle was covered, the homeowner believes, the car was conspicuous, a newer model dark-colored Chrysler 300 with dark-tinted windows.

The homeowner said that if one of the men had actually entered the house, he would have shot them with the pistol he owns. Instead, after they pulled into the ballfield and headed for his house one last time, he came outside and fired one shot into the air and one into the ground, he said.

“They couldn’t have gotten more than $50 a piece from robbing my home,” he said. “It’s not enough to risk your life for.”

Pomona, California

From the Ontario Daily Bulletin of August 22, 2006

Security guard shoots man in Pomona bar

A man was shot in the chest inside a bar late Sunday after he tried to strike a security guard with a metal chair, police said.

The 23-year-old man, whose name was not immediately available, was flown to USC Medical Center where he was listed in critical condition today, Pomona police said.

The man tried to bring an underage boy in the El Tapatio Bar at 1338 S. Garey Ave. He struck a security guard who confronted him about the boy, said Pomona police Sgt. A.C. Cox. The guard fell to the ground.

When the man grabbed a metal chair to strike the guard again, the guard pulled out a gun and fired two shots at the man, Cox said. The man was struck once in the chest.

Police interviewed witnesses and determined the shooting appeared to be in self-defense, Cox said. No arrests were made, and the case will be reviewed by the Los Angeles County District Attorney's Office.

Durham, North Carolina

From the Raleigh News Observer of August 22, 2006

Resident says he shot intruder during scuffle

A Durham resident shot an apparent intruder in his home early Sunday. The shooting victim was in critical condition Monday, according to police, and no charges had been filed.

The incident occurred about 4:25 a.m. at 900 Laurel Springs Drive, where a resident told police an unfamiliar man forced his way into his apartment and said he was looking for someone who didn't live there, said Durham police spokeswoman Kammie Michael.

Once he was inside, the man refused to leave and restrained the resident, Michael said. The two men began to struggle. At some point during the scuffle, the resident shot the intruder twice, she said.

The intruder, identified only as a 23-year-old man, remained at Duke Hospital on Monday, police said.

No charges have been filed against the 28-year-old resident of the apartment, police said..

Further to this incident

It was the second time in two weeks that a resident has shot an intruder in a home invasion.

Early Aug. 9, police were called to a house at 3301 Dearborn Drive where a man was at home with his family when two men, at least one armed, kicked in the front door, police said. The resident shot both the intruders, killing one and wounding the other.

Rondelle Mincey, 20, died in the shooting. Rashaad Cox was shot and survived. He has been charged with burglary and robbery. Police have treated the shooting as a case of self-defense and don't anticipate charges against the man who fired the gun, they said.

Loudon County, Virginia

Press release issued by the Loudon County Sheriff's Department. It should be here in a few days:

Loudoun County, Virginia- A Sterling man was arrested Saturday night after he entered a home with an armed homeowner inside.

Jason Todd Lang, 23, was taken into custody by a Loudoun Sheriff’s Deputy as the suspect was walking away from the home in the 700 block of West Holly Avenue in Sterling. The suspect appeared disoriented.

According to the homeowner the suspect knocked on the front door shortly after 9 PM and attempted to come in when he answered the door. The homeowner was able to close the door and the suspect began banging on the door. The homeowner then ran to his bedroom where he grabbed a handgun. After the resident told the suspect he had the wrong house the suspect punched through a door panel and attempted to unlock the door. At this time the homeowner fired one round from his handgun through the bottom of the door striking the concrete steps out front.

Lang was treated by rescue personnel for minor lacerations that occurred prior to the incident. Lang was charged with Unlawful Entry, Destruction of Property, and Drunk in Public. He was released on a $2500 bond.

Chicago, Illinois

From the August 19, 2006 Daily Southtown:

Detectives are searching for a teenage gunman after a botched robbery left his accomplice dead and a third man fighting for his life in hospital.

Hazel Crest police found Javosky Holmes, 16, collapsed and bleeding in a field in the 17300 block of Mahoney Parkway on Thursday afternoon.

Police said Holmes and a second teen's attempt to rob Brian Katlik at gunpoint at his home in the same block went bad when Katlik produced a 9 mm handgun and returned fire.

Holmes, of 2815 Lexington Drive, Hazel Crest, was pronounced dead at St. James Hospital in Olympia Fields. A gunshot wound to his abdomen caused his death, according to the Cook County medical examiner's office.

Katlik was in stable condition Friday at South Suburban Hospital, recovering from gunshot wounds. The second robber, who has not been named, is still at large, police said.

On Friday, Holmes' mother, Quying Holmes, said her son had "fallen in with a bad group of boys." He was enrolled at Country Club Hills Tech and Trade Center at the time of his death, she said.

"He was a cool kid, and he always wanted to be a doctor, but he had mental health issues and ended up in a shootout with some other boys," his mother said. "I don't know if the other kids were using him or why he got involved or what happened. It isn't clear yet. Everyone here (at the family home) is just broken up over what has happened."

She said she did not think her son knew Katlik.

UPDATE from the August 22, 2006 Daily Southtown:

An accused teenage robber faces a murder charge after his teenage uncle was shot and killed last week by the pair's intended victim.

Jacob Grant, 18, of the 5900 block of South Justice Street, Chicago, is charged with first-degree murder in connection with the fatal shooting Thursday of his 16-year-old uncle, Javosky Holmes, in Hazel Crest.

Holmes, Grant and a 14-year-old boy planned to rob Brian Katlik as he sat in his car in the 17300 block of Mahoney Parkway, according to Cmdr. John Palcu, of the South Suburban Major Crimes Task Force.

He said Holmes shot and wounded Katlik, who returned fire and hit Holmes in the abdomen. Holmes staggered across a field and collapsed in a creek while Katlik ran in the opposite direction and flagged down a passer-by who took him to a hospital, Palcu said.

Holmes, of 2815 Lexington Drive, Hazel Crest, was pronounced dead at St. James Hospital in Olympia Fields soon after, but Katlik survived. He's in stable condition at St. James.

Grant was apprehended Saturday after evading arrest for more than 48 hours, Palcu said.

"Grant has been charged with the homicide because he was involved in the commission of the crime and went with Holmes," Palcu said Monday.

Tandra Simonton, a spokeswoman for the Cook County state's attorney's office, said Grant was "committing a robbery, which means he's responsible for whatever happens" during the course of the crime.

Sherman Oaks, California

From the Los Angeles Times of August 19, 2006

Would-Be Robber Shot by Store Clerk

The robbery of a Sherman Oaks pharmacy was foiled Friday afternoon by a store employee who confronted the would-be robber and shot him, a spokesman for the Los Angeles Police Department said.

Initial reports indicated that the employee had taken the intruder's gun and turned it on him, but police later retracted that account and said they still were investigating how the shooting occurred.

Despite being shot several times, the robber, who was wearing body armor, managed to flee the store at 14070 Ventura Blvd. and escape in a waiting getaway car, said Officer Jason Lee, a spokesman for the Los Angeles Police Department.

Officers later received word that a gunshot victim had been dropped off at Tarzana Hospital.

Arriving at the hospital, officers placed the suspect under arrest. Late Friday, he was in critical condition.

The driver of the getaway car was still at large Friday night. Lee described him as a white man with tattoos on both arms, driving a black or dark-colored Volkswagen Golf.

Waycross, Georgia

From the August 18, 2006 Waycross Journal-Herald (alas, they seem not to have a permanent link available for this article):

Burglar Is Shot

Homeowners Defend Selves Against Man Invading Home

A home invasion burglary in the Swamp Road community led to a non-fatal shooting Thursday morning, said Major Randy Royal of the Ware County Sheriff's Department.

Lawmen received a call to a residence located on E.C. White Lane at 3:54 a.m. Thursday, Royal said.

The investigation by the sheriff's office revealed that Willie "Bill" Freddie O'Berry III, 23, of Waycross, entered the residence through an unlocked door and confronted a female inside the home. She alerted her husband in another part of the residence and he, armed with a gun, confronted O'Berry.

"O'Berry advanced toward the homeowner and was shot three times," Royal said.

He said O'Berry then left the residence before collapsing in the front yard. He was held at gunpoint until deputies and technicians with the Ware County Emergency Medical Service arrived, Royal said.

Royal said the suspect remained conscious and was transported to Satilla Regional Medical Center. He was later transferred to Memorial Medical Center in Savannah for further treatment.

Royal said O'Berry's injuries are not thought to be life threatening.

Before he entered the home, Royal said, O'Berry illegally entered three vehicles in the general area, two of which were parked outside the E.C. White Lane residence that he invaded.

Charges of burglary and entering an auto are pending against O'Berry, said Royal.

Sgt. Joe Morris is in charge of the investigation, said Royal. He added that no charges have been filed against the homeowner, who was defending himself and his family as well as his property.

San Antonio, Texas

From San Antonio‘s WOAI.com of August 18, 2006

Robbery Suspect Shot and Killed by Bar Owner

A robbery suspect who walked into a bar with a gun ended up getting shot himself Friday morning. According to authorities, the bar owner had a gun of his own, and ended up killing the suspect.

This happened around 12:30 a.m., at the Old Soldier's Bar on Binz-Engleman near Kirby.

The bar owner told deputies that the suspect walked in looking drugged and disoriented. When he was told to leave, the suspect pulled his gun out and demanded money.

Instead of complying, the bar owner grabbed his own gun and shot the suspect twice. He died at the scene.

Deputies say the bar owner does not face charges, since he was defending himself. Several other people were also inside the bar, but were not hurt.

Indianapolis, Indiana

From the Indianapolis Star of August 18, 2006

Police: Armed customer stops KFC robbery

Police say a would-be robber is in jail this morning after a customer foiled the suspect’s attempted hold-up of a restaurant on the Westside.

William McMiller Jr., 40, was arrested on an initial charge of robbery after he demanded money and threatened to shoot a cashier at the Kentucky Fried Chicken, 2801 W. 16th Street, at about 3:20 p.m. Thursday, according to Indianapolis police reports. McMiller, records show, is being held in the Marion County Jail on $80,000 bond.

McMiller, police said, ordered a bucket of chicken then told cashier Deanne Slaughter: “Give me the money before I shoot you.”

The suspect held his hand in his back pocket as if reaching for a gun, police said, then lifted his foot to jump over the counter.

Paul Sherlock, a customer sitting in the dining room, approached and pointed a Taurus 9-mm handgun towards the suspect’s back.

The suspect raised his hands over his head, police said. Sherlock ordered him to lean against a window with his hands up until police arrived.

Police found a long screwdriver, not a gun, in McMiller’s pocket.

Sherlock had a valid gun permit, police said.

Wallkill, New York

From the Middletown Times Herald-Record of August 17, 2006

Owner cleared of shooting ex-employee

When Simon Shing-Lee got word last month that criminal charges against him for shooting and critically wounding his former employee were being dropped, he was relieved, he said, but not really happy.

Lee openly admitted to the Jan. 23 shooting of Jiu Li, a former cook at the Jumbo Buffet Chinese restaurant in Orange Plaza on Route 211. But Lee, who co-owns the restaurant, maintained that he shot in self-defense after Jiu Li came at him repeatedly with punches.

On July 25, a grand jury decided not to indict Lee, ruling what is called a no true bill. Lee was cleared of charges of first degree assault and first-degree criminal use of a firearm and got his $100,000 bail back.

It was a relief, Lee said, but he was not happy with the outcome. Police believe that Jiu Li suffered a spine injury and would likely never walk again. Jiu Li could not be located.

"I can't be happy if I did something to harm somebody," Lee said. "I never intended to harm anybody."

Jiu Li had worked at the restaurant only nine days, when a Hispanic dishwasher told the owner on Jan. 22 that Jiu Li threatened him with a knife. That night, a Sunday, Lee said he fired the cook.

On Monday, after closing, Lee stopped by the house where he boards his workers at 12 Franklin St. in Middletown. Jiu Li was still there and the two got into a heated argument.

Jiu Li punched Lee repeatedly in the face and neck, Lee said. Lee fell back and his gun came loose. It was in his hand, he said, when Jiu Li lunged again.

During the struggle, Lee fired one shot. Then he called Middletown police.

Lee didn't testify before the grand jury. But there were four other witnesses: two Hispanic workers, a Chinese worker who stuck around when the others disappeared, and Lee's mother, who was with him the night of the shooting.

The Hispanic men recounted incidents in which Jiu Li "tried to start trouble," Lee said.

"We provided information of instances where he was aggressive not only to my client but to others working there," said Lee's lawyer, Martin Goldberg. "It assisted the grand jurors in establishing state of mind on the part of Mr. Lee."

Asbury Park, New Jersey

From the Asbury Park Press of August 17, 2006

Police: Asbury Park store clerk shoots robber during scuffle

Suspect, hit in stomach, sustains "significant wound"

A Long Branch man who recently served 30 months in prison for an attempted murder in Florida tried to rob the Super Discount store at 700 Main St. Tuesday night but was shot in the stomach during a struggle with the store clerk, police said.

Adrian Miller, 23, walked into the store about 6 p.m. with a handgun, Detective Capt. Anthony Salerno said. During the attempted robbery, the store clerk, Wonil Pak, 59, of Ocean Township confronted Miller. They struggled, and the gun went off with three shots fired, one of which hit Miller in the abdomen, Salerno said.

Miller fled the store on foot and made it a few blocks before he collapsed in the 1100 block of First Avenue, Salerno said. Police found Miller there after being alerted by someone at the store. One of Miller's shoes had come off and was left in the store, Salerno said. Miller was rushed to Jersey Shore University Medical Center in Neptune.

"He sustained a very significant wound, but at this time his condition is stable," Salerno said about 4 p.m. Wednesday.

Miller is charged with armed robbery, aggravated assault, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, and possession of a weapon by certain persons, meaning, in this case, possession by a convicted felon, Salerno said.

Miller is under guard in the hospital, with bail set at $355,000 bail. Salerno said Miller was convicted in Florida in 2003 of first-degree attempted murder. He was sentenced to three years and served 85 percent of his time, Salerno said.

Miller also was arrested last week in Jersey City and charged with weapons possession, Salerno said.

Akron, Ohio

From the Cleveland Plain Dealer of August 17, 2006

Charges dropped in death of officer shot by relative

Charges were dropped Wednesday against a New Franklin man who fatally shot his brother-in-law, an off-duty Akron police officer, during an argument.

A Summit County grand jury declined to indict Jacob Carlson, 32, who was charged with murder after shooting Michael Beitko, of Akron, on July 26. Carlson claimed self-defense.

Beitko and his wife, Suzanne, were visiting Carlson and his family at Carlson's New Franklin home when Beitko began arguing with his wife, officials said.

Carlson's wife, Jenny - Beitko's sister - called police at 9:29 p.m., saying her brother was drunk and fighting with his wife.

Beitko's four children were present, too.

The fight escalated and Carlson, wearing a neck brace because of a swimming injury, shot Beitko.

Beitko was a 14-year veteran of the force who had worked the night shift in the detective bureau since 2001.

Police had been called to his home twice, in 2000 and 2005 for incidents between him and his wife. No charges were filed.

Beitko's police disciplinary rec- ord includes a 10-day suspension in 1993 following a DUI conviction in Cuyahoga Falls Municipal Court and a 90-day suspension in 1993 for choking and hitting a handcuffed suspect.

At that time, then-Police Chief Larry Givens recommended he be dismissed.

Beitko was also suspended for 30 days in 2000 for drinking alcohol to the extent that his conduct was unbecoming an officer.

Warrenton, Virginia

From the Fauquier Times Community of August 16, 2006

Terry Hensley acquitted in brother's murder

Less than a week after a jury acquitted Terry Allen Hensley of all but one of the charges against him, the county's top prosecutor didn't seem surprised by the outcome.

"We were aware from the onset of this case that there would be a claim of self-defense, but we felt we couldn't make that finding," Commonwealth's Attorney Jonathan Lynn said Monday. "We had enough evidence to put before a jury, knowing it could go either way."

Lynn, who tried the case himself, said that the six-man, six-woman jury was "conscientious" in its deliberations.

The panel deliberated for slightly more than four hours before rendering a verdict on Thursday evening, and found Terry Allen Hensley, 39, not guilty of murder. He had been charged with first-degree murder for the shooting death of his brother, Charles Wayne Hensley on Dec. 16, 2005.

Terry Allen Hensley was also acquitted on the charge of use of a firearm in the commission of a murder. However, the jury did convict him on a lesser charge of possession of a firearm by a convicted felon. Punishment upon conviction for the offense is a mandatory five-year sentence. Terry Allen Hensley had a prior felony conviction for burglary.

Sentencing is now scheduled for Oct. 10 in Fauquier County Circuit Court, pending the outcome of post-trial motions to be filed by Terry Allen Hensley's lawyer, Lorie O'Donnell.

"I never had any doubt that the jury should acquit him (of murder) but you never know what a jury will do," O'Donnell said.

O'Donnell said she was disappointed that the jury did convict him on the possession of a firearm by a convicted felon charge, however. In her closing argument, she told the jury that by Virginia law, even a convicted felon has a right to arm himself in self-defense.

Summing it up

The prosecution maintained that Terry Allen Hensley, who had allegedly been beaten up by Charles Wayne Hensley on previous occasions, was "fed up" when he witnessed an altercation or "incident" between his brothers, Charles Wayne Hensley and William Daniel (Billy) Hensley Jr. in the early morning hours of Dec. 16, 2005.

During the trial, Lynn told the jury that Terry Allen Hensley got a shotgun and loaded it with a single shell after Charles Wayne Hensley went into a bedroom following that altercation. Lynn said that Terry Allen Hensley then went back into the living room and "waited" for Charles Wayne Hensley to come out of the bedroom.

More words were allegedly exchanged and Charles Wayne Hensley supposedly "lost it," when he came back out of the bedroom. Terry Allen Hensley shot his brother as Charles Wayne Hensley approached him as the new argument escalated, the prosecution maintained.

(More)

Columbia, South Carolina

From Columbia’s WIStv.com of August 16, 2006

Homeowner shoots, kills intruder

An apparent home invasion ended in gunfire, and one of the accused burglars shot dead.

The Richland County Sheriff's Department says two men forced their way into a home on Ferrell Rd., off Two Notch Road near Fontaine, and began shooting.

The homeowner returned fire, shooting and killing one of the suspects. The other suspect fled.

It's believed this was a robbery attempt.

Authorities did not immediately release the identities of the suspects or the homeowner.

Midvale, Utah

From Salt Lake City’s KUTV.com of August 15, 2006

(Great surveillance video of scumbags turning tail and fleeing)

Armed Robber Picks The Wrong Pawn Shop To Hold Up

A man attempting to rob City Pawn decided that wasn't such a good idea when he discovered the clerk at the shop happened to be putting away a gun at the time.

Dumb luck you might call it, the owner of the shop here happened to be putting his guns in the glass case right as the robbers busted in. So he turned the tables on them.

City Pawn owner Bill Marinos says “it’s scary I’ve never experienced that before.”

Bill Marinos is still reeling from a shocking morning. A few minutes after he opened his store some unwelcome customers walked in; three men intent on robbing the place.

Surveillance cameras caught their every move.

Marinos says they, “pulled out the gun, cocked it, pointed it at me.”

Strange coincidence, right then, Bill was pulling out his guns for sale and putting them in the case. He raised the one in his hand and pointed right back at the burglar.

Marinos says the lead robber swore, “and ran out the door.”

He caught the robbers completely off-guard. One hardly made it over the threshold of the door before he was spun around and headed back out.

Bill ran out after them and saw them jump in a getaway car he was able to give police a detailed description.

Sgt. Ken Jarvis of the Midvale Police says, “the suspect vehicle is a red Mitsubishi Eclipse with a spoiler and tinted windows.”

Bill thinks the three men had been in his store the week before casing it. He says he's never wanted to pull a gun on anyone.

“It was more just trying to protect myself,” says Marinos, “protect my store and protect myself.”

This is the first time bill's faced a robber. He's been in the pawn business for 10 years and always has a loaded gun under the counter like a lot of pawn shops, probably not the wisest target for a robbery.

Jackson, Mississippi

From the August 15, 2006 Clarion-Ledger:

A man was shot Monday night while attempting to rob a liquor store on Bailey Avenue in Jackson, police Cmdr. Lee Vance said.

About 9:20 p.m., a woman working at the store reported to police that a man wearing a handkerchief over his face tried to rob B's Package Store at 1804 Bailey Ave., Vance said. She said that she fired two shots, hitting the man at least one time in the stomach area.

The man then ran out of the store and into the neighborhood behind the business.

Another man was thought to be involved in the shooting, but it was unclear what his role was.

As of 11 p.m. Monday, the suspects had not been found.

Warrington, Florida

From the August 14, 2006 Pensacola News Journal:

An intruder was shot and killed Saturday night by a Navy Point resident, Escambia sheriff’s office said Monday morning.

The Sheriff’s office is not releasing the names of the intruder nor resident at this time, said Sgt. Mike Ward.

Mobile, Alabama

From Mobile’s WPMI.com of August 14, 2006

Suspect in local shoot-out remains in hospital

The main suspect in a shoot-out at a local apartment complex remains in the hospital Monday evening, according to Mobile police.

The action took place at the Clearview Apartments on Azalea Road.

Apparently the tables were turned on the man who police say was the aggressor in this shoot-out, who ended up the more seriously injured. But there could have been collateral victims: NBC 15 News spoke with one couple in an adjoining apartment who say the gunfire came into their home.

Nikita Anderson and Marcus Rutledge had some unwelcome additions to their Mobile apartment Monday evening: two bullet holes in their kitchen wall. Rutledge was standing in the kitchen when the shots rang out from the adjoining apartment, and entered their home.

Police say 23-year-old Jarvis Bush was visiting this apartment when Reginald Williams arrived and began firing shots at Bush. Bush then returned fire in self-defense, according to police.

Bush was taken to the hospital in an ambulance. Williams suffered more serious injuries. He was transported to USA Medical Center via Life Flight. Bush has been treated and released. Williams remains at the hospital.

Meanwhile, what motivated this shooting is under investigation.

Rocky Mount, Tennessee

From the Rocky Mount Telegram of August 15, 2006

Assailant shot dead by victim

A Rocky Mount man was shot and killed this weekend after allegedly attacking a Whitakers man in his own house, and authorities on Monday cleared the shooter of any wrongdoing.

Authorities said Leroy Thorpe acted in self-defense when he shot 27-year-old Tavaras T. Pittman of Western Avenue once in the chest with a shotgun.

Two other Whitakers men were charged with beating Thorpe and another man with a baseball bat before the 59-year-old Thorpe fired the fatal shot at the trio, Nash County Sheriff Dick Jenkins said.

The incident occurred 3 a.m. Saturday at Thorpe's Whitakers residence, the sheriff said. Thurman Pitt, 55, who lives around the corner, was visiting Thorpe that night, he added.

Larry Donnell Williams, 28, and Tomarae D. Brinkley, 26, both of Whitakers, and Pittman showed up at Thorpe's house, asking for money that he owed them, Jenkins said.

"It could have been for anything – he didn't say what he owed them money for," Jenkins said of Thorpe.

When Thorpe told the trio that he didn't have any money, the three attacked him and Pitt with a bat, authorities charge.

"At some point, one of them said, ?We'll go out and get a gun,?" Jenkins said. "They went out, and when they came back in, Mr. Thorpe shot Mr. Pittman in the chest with a shotgun.

"The first one in took the brunt, and the other two left and ran away."

Thorpe suffered severe head injuries, and rescue workers took him to the hospital for treatment. Pitt's wife drove him to the hospital, Jenkins said. The two were released this weekend, he said.

Thorpe identified his other attackers, and Williams returned to the scene shortly after the incident. Brinkley was captured a little while later at another Whitakers residence, the sheriff said.

Williams and Brinkley both are charged with assault with a deadly weapon with the intent to kill, inflicting serious injury. Bond for Williams, who also was charged with probation violation, was set at $33,000. Brinkley was jailed under a $30,000 bond.

On Monday, deputies conferred with the District Attorney's office in Nashville, and prosecutors opted against filing charges against Thorpe.

Brinkley has been to prison in the past for drug convictions, possession of stolen property and breaking into vehicles. Williams' prison record includes convictions of hit-and-run, assault with a deadly weapon, vehicle theft, possession of stolen goods, communicating threats, speeding to elude arrest and driving while license revoked.

Dallas, Texas

From the Dallas Morning News of August 14, 2006

Woman shoots intruder on second break-in

An East Oak Cliff woman shot a man early Monday when he broke into her home a second time after robbing her hours earlier, police said.

Dallas police Sgt. Gil Cerda said Gary Poole, 44, allegedly kicked in a rear window of a home in the 1200 block of Aspermont Avenue around 10:30 p.m. Sunday and went inside, where he confronted the home's resident, physically abused her and then stole $230 in cash before leaving.

After the woman reported the incident to police, Mr. Poole allegedly returned to the house around 5 a.m. Monday. The woman heard a noise, got up and found the suspect in her kitchen.

She pointed her gun at him and asked him to leave, but when he kept advancing towards her, she shot him. He lunged towards her, wrestled the gun away and ran out of the house, Sgt. Cerda said.

Police located Mr. Poole a short time later and took him to Methodist Dallas Medical Center with a non-life-threatening wound. He has been charged with burglary and robbery, Sgt. Cerda said.

He said investigators determined the suspect, who is homeless, and the victim knew each other prior to the incident.

Pensacola, Florida

From Mobile’s WPMI.com of August 14, 2006

Homeowner Fatally Shoots Would Be Intruder

A grieving father - Ronnie Wesley: "I don't like it.. the way they did my son. Acting like he tried to steal something. I don't like it."

A scared woman - Pam Hagan: "Very upset. My sister is not able to come out of the house. She's traumatized by Saturday night's shooting."

Hagan's sister, a woman in her 50's, fatally shot 29 year old Vincent Wesley, after Escambia County Sheriff's deputies say Wesley tried to enter her Pensacola home twice that night.

According to reports, Wesley climbed the woman's fence, approached the house, and began shaking her door. When she showed him a gun, he ran off, but he wasn't done. According to deputies, Wesley then ran out to the street, tried to carjack someone, and came back to the woman's home when the carjacking was unsuccessful.

Hagan: "At that time, my sister is trying to close the door. When she came out to close the door, her house door closed and locked behind her and there she was, face to face, with a man coming at her. He never said a word to her. She fired once. It didn't stop him. She fired a second time and he went down."

The state of Florida has a law that states, a homeowner does not have to retreat back to their home, that they do have the right to protect their home and property.

Sgt. Mike Ward with the Escambia Co. Sheriff's Dept.: "If someone is trying to enter you residence or trying to harm you and put you in fear in anyway, you can defend yourself to include deadly force and it appears in this case, that's exactly what happened."

But, Wesley's father says his son was never trying to enter the house. He says his boy was dealing with mental problems. Wesley: "He was hearing voices and stuff. He was running from the voices when that lady shot him. He wasn't trying to break in and enter. He had a job."

Meanwhile, as both sides deal with the grief and the loss, Hagan says she and her sister are dealing with harrassment from Wesley's friends and neighbors.

The Escambia County Sheriff's office says Wesley had a past criminal record.

From the Pensacola News Journal of August 16, 2006

Intruder shooting justified

Officials say deadly force would have been merited before 'Stand Your Ground‘

Law enforcement officers and attorneys say the local woman who fatally shot an intruder at her Navy Point home would have been protected by state law even before the "Stand Your Ground" law.

Rhonda Eubanks, 57, a Baptist Hospital nurse, was alone Sunday night at her home on Gilliland Road when she shot Vincent Demond Wesley, 29, of Pensacola, in the head with a .38-caliber handgun, Escambia County Sheriff's Sgt. Mike Ward said Tuesday.

It was the second time Wesley charged toward Eubanks.

Assistant State Attorney David Rimmer was at the scene Saturday and saw Wesley's body.

"Preliminarily, it looks like a justifiable shooting," he said. "He was laying face down, under the carport, only a few feet from her door.

"His head was closest to the door."

The shooting death is the third of this type in Escambia County since the "Stand Your Ground" law was enacted Oct. 1, but investigators say Eubanks' actions would have been justified even before the recent law.

Eubanks was at her home, and therefore allowed to defend herself with deadly force because the home is a person's last retreat from danger.

Now, Florida law states retreat is not required in any place a person has the right to be, as long as they are not doing anything illegal.

A person "has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm," the statute states.

The old law required people to first attempt a retreat in this situation.

"It's really making this a Wild West scenario in Florida," Pensacola criminal defense attorney David Lee Sellers said. But, he continued, "any scenario is bad. It's a tragedy that (Wesley) had to die, but thank God the woman was able to protect herself."

(More)

Meridian, Mississippi

From the Meridian Star of August 12, 2006

Man shot in late-night altercation

A local man remains hospitalized after he was shot once in the arm and once in the chest. The shooting occurred Wednesday about 1:30 a.m. after he allegedly forced his way into his estranged wife’s house on Meehan-Savoy Road.

Maj. Ward Calhoun of the Lauderdale County Sheriff’s Department said the wounded man had called the woman to say he was on the way to her home. In the meantime, she called 911. When the estranged husband arrived, he allegedly forced his way in and was shot twice by a man who was visiting in the home.

Calhoun said the wounded man is in stable condition and no charges have been filed against the shooter. He said the case is expected to be presented to the next Lauderdale County grand jury.

Longview, Washington

From the Longview Daily News of August 8, 2006

CR man shot during suspected burglary may face charges

Longview police have requested that Kelly Charles Foster Smith, who is recovering from a gunshot wound, receive a court summons on a charge of second-degree burglary once he is released from the hospital.

Smith, 44, of Castle Rock, was shot near the left shoulder and the bullet exited through the front of the sternum, police said. He was listed in fair condition Tuesday at Oregon Health & Science University, Portland.

Police said that property owner Frank Perry Amadon, 61, called 911 early Monday morning to report he shot a suspected burglar in his warehouse in the 1300 block of Beech Street. Amadon lives in the building, police said.

Police said they found Smith yelling and moaning, lying in a pool of blood at the base of a large metal sheet. Police noted an opening had been made in the wall. Wire was placed near the opening and stacked outside the opening, and die grinders and other equipment were nearby, police said.

The shooting is under investigation.

Oregon City, Oregon

From Portland’s OregonLive.com of August 10, 2006

Wife won't be tried in husband's shooting

Milwaukie - Prosecutors think Rose Perez, 50, killed her spouse in self-defense in January

A 50-year-old Milwaukie woman who said she killed her husband during an argument over a child he'd fathered with another woman will not be prosecuted.

A spokesman for the Clackamas County district attorney's office said Wednesday that after a seven-month investigation by police and prosecutors his office believes Rose Perez killed Juan Gabriel Perez Solis, 36, in self-defense as he was beating her with a stick.

Authorities learned Juan Perez was dead after a hysterical Rose Perez ran to a neighbor's house about 7:30 p.m. Jan. 19 to say she'd shot her husband with a rifle, said Greg Horner, a spokesman and chief deputy district attorney.

The neighbor called Milwaukie police to the Perez home in the 10900 block of Southeast Myrtle Street. Juan Perez wasfound dead from a bullet wound to the chest in the couple's kitchen.

He was holding a wooden dowel or stick in his hand, and Rose Perez's hair was intertwined in his fingers as though he'd pulled it from her head, Horner said.

Rose Perez told investigators that she and her husband had been arguing because he told her he was going to move out of their home and into the home of their daughter-in-law, who was pregnant with Juan Perez's child.

Horner said the couple's argument was considered as a possible motive for murder, but investigators also saw that Rose Perez had been badly beaten. She had severe bruising to her head, including a black eye and wounds to her cheek and forehead, Horner said.

Horner said his office also believes that Juan Perez had beaten his wife in the past. Prosecutors had filed charges against Juan Perez last year after Rose Perez reported to police that he'd assaulted her. But when the trial date arrived, Rose Perez recanted her previous statements and said the injuries she suffered were self-inflicted. Prosecutors were forced to drop the case.

Officer Kevin Krebs, a spokesman for Milwaukie police, said police investigators spent months working on the case because it was complicated and they wanted to be thorough. Also, police didn't consider Rose Perez a flight risk.

Police forwarded the case to the district attorney's office last month for consideration of possible charges, Krebs said.

Durham, North Carolina

From Raleigh’s News14.com of August 9, 2006

Durham resident kills alleged intruder, shoots another

Durham police are investigating a fatal shooting that occurred early Wednesday inside a house on Dearborn Drive in northern Durham. Officers were dispatched to a break-in in progress call on Dearborn Drive at 1:40 a.m. Wednesday. When they arrived, the residents told them that two men had kicked in the front door and entered the house.

At least one of the men was armed with a gun. The resident shot and killed one male, who was pronounced dead at the scene. He has not been identified at this time.

The resident also shot and wounded the second male, who fled from the house. A short time later, Rashaad Cox, 19, showed up at the Duke University Hospital emergency room for treatment of a gunshot wound to his arm. Cox was treated at the hospital and released. He was later charged with first-degree burglary and robbery with a dangerous weapon.

An adult male, an adult female and a 15-month-old boy were in the home when the incident occurred.

From the Raleigh News-Observer of August 12, 2006

No charges for home's occupant

The man who shot two intruders as they invaded his home 'was defending his life,' police say

Durham police said the man who shot two men who broke into his home early Wednesday was protecting his family and will not be charged.

Investigators have consulted with the District Attorney's Office on the shooting at 3301 Dearborn Drive, and the initial evidence points to self-defense, Sgt. Jack Cates said.

"This man was defending his life," Cates said. "I think probably if he had not had a gun, he would have been [killed], as well as the female in the house, and possibly the baby. ... Nobody won in this case."

The incident happened at 1:40 a.m. Wednesday, when the man and woman were at home with their 15-month-old son, police said. Two men, at least one carrying a firearm, kicked in the door, police said. The resident grabbed his gun and shot both intruders, police said.

One intruder, whom police identified as Rondelle Mincey, 20, of 1435 Newcastle Road, died in the house.

The second, identified as Rashaad Cox, 19, was injured and escaped, only to show up at Duke Hospital minutes later for treatment of a gunshot wound, police said. Cox, a felon, has since been charged with armed robbery with a dangerous weapon, first-degree burglary and cocaine possession.

(More)

Scottsville, Kentucky

From Bowling Green’s WBKO.com of August 8, 2006

Allen County Man Scares Away Home Invader

Kentucky State Police want to find two men who tried to force their way into an Allen County home early Tuesday morning.

The alleged home invasion happened around 3:00 AM at Gordon Absher's house at 3440 old Bowling Green Road in Scottsville.

Absher says someone rang the doorbell. When he looked outside he saw two men with their faces covered holding shotguns. Absher opened the door and pointed a pistol and one of the suspects, then grabbed his gun. Absher says the two men ran down the driveway to their truck, leaving the shotgun and other evidence behind.

Police are looking for two white men in their early 20's, traveling in a small dark-colored pick-up truck.

Update from Louisville’s WAVE3.com of August 11, 2006

State police have made two arrests in connection with an attempted home invasion that was foiled by the homeowner.

Trooper Jimmy Kitchens says the two men were armed with shotguns and the homeowner was also armed. When the man opened the door, he took the shotgun away from one of the suspects and pointed his own gun at the two, who ran from the scene.

Under arrest and charged with first-degree robbery are: 20-year-old Wesley Perkins of Adolphus and 21-year-old Benjamin Yoder pf Franklin. They're being held in the Allen County Jail.

Columbus, Ohio

From the Columbus Dispatch of August 8, 2006

Man gets nine years for East Side robbery

A man whose cousin was fatally shot during a robbery attempt in October pleaded guilty yesterday to four counts of aggravated robbery.

Larry Laury, 25, was sentenced to nine years in prison by Franklin County Common Pleas Judge Angela White. A murder charge was dismissed in exchange for the plea.

Laury admitted that he, his cousin and another man went to an apartment on Canterbury Way on the East Side on Oct. 25 and held seven people at gunpoint.

When another man entered the apartment and saw the assailants, he opened fire with a shotgun. Quanta Douglas, 33, of South Carolina, was struck and killed.

Laury, who was a lookout, ran and did not fire his weapon. The third man was never identified or arrested.

The man who shot Douglas, Michael Cooper, was cleared of wrongdoing.

Dallas, Texas

From the Dallas Morning News of August 8, 2006

Suspect wounded in store robbery attempt

A man trying to rob a store was shot and wounded by the store clerk in southeast Dallas on Monday night, police said.

The shooting took place about 9 p.m. at Mr. C's Food Mart in the 3700 block of Simpson Stuart Road.

A man walked into the store, grabbed a box of candy bars and demanded money, police said. The clerk pulled a gun and chased him out of the store, firing and hitting him. The man collapsed on the sidewalk across the street.

He was taken to a Dallas hospital, where he was in serious condition, police said.

Pittsburgh, Pennsylvania

From the Pittsburgh Post-Gazette of August 8, 2006

Intruder shot by homeowner

An intruder was shot in the leg last night in Lincoln-Lemington when the homeowner caught the young man inside his home.

The intruder, identified as a juvenile, attempted to enter a home in the 1400 block of Paulson Avenue. Police believe the intruder was armed, but a weapon was not recovered from the home last night.

The young man was taken to Children's Hospital, where he was listed in stable condition.

Police said it was unlikely the homeowner would be charged.

Walpole, Massachusetts

From the Waltham Daily News of August 7, 2006

Bullets scare off intruder

Police are looking for a man who broke into an Everett Street home Saturday and then fled when the homeowner’s son opened fire on him.

The gunfire broke out at 5 Everett St. at about 9:15 a.m. Saturday when the homeowner’s 30-year-old son came by to check on the house while his parents were away, Deputy Police Chief Scott Bushway said yesterday.

Police haven’t released the name of the homeowner or his son and no one answered the doorbell at the three-story Everett Street home yesterday afternoon.

But when the homeowner’s son walked into the house Saturday, he spotted an unidentified man inside, police said. When the intruder grabbed a knife out of the kitchen, the son pulled out his own firearm and shot at the burglar twice, said Bushway.

Instead of hitting the intruder, the bullets lodged in the wall and floor of the house. But the gunfire was enough to scare away the man, who ran out of the house, Bushway said.

Police are investigating the break-in and looking for the intruder, but Bushway would not release a description of the man yesterday.

No charges have been filed against the son of the Everett Street homeowner, who does have a permit to carry a firearm, Bushway said.

Massachusetts General Law 278, s.8A, also known as the Castle Doctrine, states that occupants of a dwelling are allowed to defend themselves, using "reasonable means" if the occupant has reason to believe that an unlawful intruder intends to harm him.

Wilmington, Delaware

From the DelawareOnline.com of August 5, 2006

Charges dropped in case of man who shot father

Emotional-distress defense OK'd because of abusive history

John Eugene Latimer's last measure of control over his terrorized family ended this week.

Prosecutors dropped first-degree murder charges against Joseph Latimer, 28, who killed his father by shooting him in the head on the front lawn of his mother's house last July.

The family then let the body sit outside, overnight, under a blue tarp for 10 to 12 hours before calling police.

On Friday, Deputy Attorney General Colleen K. Norris said that after reviewing all the evidence, dropping all charges "was the right thing to do."

…(A lengthy litany of abuse and intimidation by the elder Latimer is omitted here)

On this night, the elder John Latimer was arguing with his wife "about medication he had not been taking," according to a court transcript.

At some point, the confrontation became violent, Jennings said, and John Latimer repeatedly threatened to kill Marie and Joseph. At one point, holding a rusty lawn-mower blade in one hand, he grabbed Marie with the other and looked like he was going to strike her.

So, Joseph then decided he had no choice, Jennings said.

He believed his father would kill his mother unless he acted, she said. He grabbed a .22-caliber rifle that his father had left at the house earlier.

Marie Latimer told police she heard a "pop" and then saw John Latimer fall to the ground. Joseph fired a single shot, hitting his father in the head.
…

Joseph sat in prison for four months before he was released on bond last fall.

On Thursday, prosecutors dropped the charges against Joseph.

"The prosecution is to be commended for their open-minded view of this case," Jennings said. "Justice is not always obtained with a guilty verdict."

She said the Latimer family can now "for the first time in their lives, live in peace."

Charlotte, North Carolina

From Charlotte’s WSOCtv.com of August 5, 2006

Arrests Made After Armed Robbery Leads To Shooting

Police say one robber held a man up at gunpoint in an apartment complex on Ventura Way Drive Saturday evening. The victim's friend saw what was happening and shot at the robber. That's when police say the robber shot the robbery victim in the hand and arm.

Police caught up to the original robber and arrested him on Prospect Drive. They also found a gun. They're trying to determine if it's related to the shooting.

Klamath Falls, Oregon

From the Klamath Falls Herald and News of August 6, 2006

Attacker shot and killed

A Klamath Falls man was shot dead Saturday by one of three men he reportedly attacked and stabbed.

Edward Benny Valdez Jr., 36, died at 5545 Summers Lane at around 11:30 a.m., said Klamath County District Attorney Ed Caleb. Valdez reportedly stabbed Ricky Hargrove, 51, William Hargrove, 80, and William Sorahan, age unknown, then was allegedly shot twice in the chest with a shotgun by Ricky Hargrove.

Ricky Hargrove was the dead man's uncle, William Hargrove his great-uncle.

Klamath County Sheriff's deputies responded to the 911 call for a shooting and when they arrived, they found Valdez dead in the dirt driveway at that address, Caleb said.

The three stabbing victims had already been transported to Merle West Medical Center. As of Saturday evening, William Hargrove was listed in fair condition and Ricky Hargrove and William Sorahan were being treated in the emergency room - their conditions were unavailable.

The county's Major Crime Team was called in to investigate, and they questioned family and friends at the house at 5545 Summers Lane, where William Hargrove lives, and the house next door, 5543 Summers Lane, occupied by Ricky Hargrove. Caleb said authorities then discovered Valdez had gone to one of the homes that morning where he “began acting erratically and in a threatening manner.”

Caleb said authorities believe after a preliminary investigation that Valdez stabbed his uncle's father, William Hargrove and Sorahan at the home. Sorahan was visiting his friend at the time.

Then, Valdez allegedly went next door and stabbed Ricky Hargrove. Valdez was going back to the other home, but, authorities believe, Ricky Hargrove had followed Valdez and shot him, Caleb said.

Investigators had not determined a motive for the stabbings, Caleb said.

“I think we're going to take the case to grand jury and see what the grand jury thinks,” Caleb said of the possibility of charges or whether Ricky Hargrove acted in self defense.

Anti-gunners will likely count this as "Family member killed by firearms."

From the Klamath Falls Herald and News of August 15, 2006

Grand jury decides for self-defense in shooting

A Klamath Falls man fatally shot his nephew in self-defense and will not face any charges, a Klamath County Grand Jury determined Monday.

“They felt he was justified in the shooting,” said District Attorney Ed Caleb.

Caleb, who said 51-year-old Ricky Hargrove's actions against Eddie Valdez Jr., 36, fell into the realm of legal self-defense, brought the case to the grand jury to see what its members thought.

The pool of jurors selected to review potential felony cases found Hargrove feared for his own life and the life of his 14-year-old daughter, who lives with him. This constituted a right to use deadly physical force, Caleb said.

On Aug. 5, authorities said Hargrove's nephew, Valdez, first went to the home of his grandfather, William Hargrove, 80, who lives at 5545 Summers Lane, “in an erratic and threatening manner.” Valdez then wielded a knife and stabbed William Hargrove and Hargrove's friend, Warren Sorahan, before going next door to Ricky Hargrove's home.

After stabbing Ricky Hargrove, Valdez apparently went back next door when Ricky Hargrove shot Valdez twice with a shotgun. Valdez died at the scene.

The three victims were taken to Merle West Medical Center. Ricky Hargrove and Warren Sorahan were treated and released shortly after. William Hargrove was discharged last Friday.

Investigators did not determine a motive for the stabbings. But they believe there's a correlation between Valdez's known drug use and his outburst.

In 1995, Valdez was convicted of possession of a controlled substance, and in 2001, he was convicted of attempted second-degree assault, court records show.

Philadelphia, Pennsylvania

From United Press, International of August 5, 2006

Gun-wielding senior foils carjacker

A 78-year-old Philadelphia man used a .38 caliber handgun to thwart a carjacker.

George Newton said that when William Edney approached him, held a pistol to his head and said "Don't do anything funny," he handed him the keys to his sport utility vehicle, the Philadelphia Inquirer reported.

But when he saw that Edney was trying to shift gears with his gun hand Newton decided the time had come for action. He pulled out his own weapon and shot Edney in the jaw, and then walked to the other side of the car and shot him in the shoulder.

"Both windows were down so I didn't mess up any of my glass," Newton told the Inquirer.

Edney managed to drive himself to a hospital where he claimed he did not know who had shot him. He faces criminal charges.

Investigators said both guns involved were legally registered.

Newton, a former military police officer and car mechanic, said he knows how to take care of himself. But he said he would much rather be left alone to sit in the park and feed the birds.

Dallas, Texas

From the Dallas Morning News of August 5, 2006

Man not guilty in liquor store slaying

A Louisiana man who settled in Dallas in the weeks after Hurricane Katrina was found not guilty of murder late Thursday after shooting a man in the parking lot of a northwest Dallas liquor store.

Billy Montrell Jackson acknowledged fatally shooting 29-year-old Mongu Simpkins in October but said he acted in self-defense because Mr. Simpkins had threatened him.

Mr. Jackson said he thought Mr. Simpkins was reaching for a gun when he shot him five times, including four times in the back, while the victim's girlfriend and 2-year-old daughter looked on. A gun was never recovered from the victim.

"I felt threatened, like my life was about to be taken from me," Mr. Jackson testified.

By law, people can use deadly force when they believe they are in imminent danger, that deadly force will be used against them and when retreating is not possible. Such force is not justified in response to spoken provocation alone.

Witness accounts of the daytime shooting, outside Webb Chapel Liquor in the 9700 block of Webb Chapel Road, varied. Several witnesses changed their stories, court testimony revealed.

Some witnesses described Mr. Simpkins as a gang member who was upset that Mr. Jackson was selling drugs in a neighborhood controlled by his gang.

Witnesses agreed that Mr. Simpkins had told Mr. Jackson that he had to leave the parking lot because he was not from the area.

Mr. Jackson denied that he was selling drugs but did not explain why he was hanging around for hours in front of the liquor store in an unfamiliar neighborhood.

When Mr. Simpkins returned later that afternoon and saw him again, Mr. Jackson said, Mr. Simpkins got out of his car and threatened him, then grabbed a gun from inside his car.

"I was protecting my life," he said, describing why he shot Mr. Simpkins.

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Poteau, Oklahoma

From the August 2, 2006 Oklahoman (free registration required):

POTEAU -- A murder charge against a Talihina woman was dropped in Le Flore County District Court in Poteau after medical records showed she was abused by the victim, an assistant district attorney said Tuesday.

The case was dismissed in "the best interest of justice," according to court records.

Marion Fry, assistant district attorney, said the murder charge against Cynthia "Sandy" A. Crenshaw, 47, was dismissed Friday.

Crenshaw was charged with first-degree murder in the Nov. 13 shooting death of Kevin Hampton.

Englewood, Florida

From Tampa’s BayNews9.com of August 3, 2006

Charlotte homeowner fires on two burglars

Two burglary suspects got an unexpected surprise when a Charlotte County homeowner opened fire on them.

According to the Sheriff's Office, Eric Theen and a friend armed themselves yesterday with shotguns when two men pounded on a door and tried to crawl in through a window.

Deputies say the suspects fled in a car, but had to return when they reached a dead end. Theen said the car swerved and grazed him, so he fired into the passenger door.

A shotgun pellet grazed one man's back and went through the other's shirt.

A short time later, the two suspects -- William Schork and Jacob Jenkins -- called authorities to report two men screaming and firing a shotgun at them. Schork declined medical attention for a minor wound.

Deputies charged Schork and Jenkins with burglary. The men said they went to the house to see a friend, not to burglarize it.

Elyria, Ohio

From the Lorain Morning Journal of August 3, 2006

Man shot by thief in his home

An Elyria man was shot Tuesday night after firing at an intruder in what was the second burglary attempt in his home in less than a year, police said yesterday.

Phillip Benko, owner of Benko's Driving Range, exchanged gunfire with a burglar inside the home he shares with his 85-year-old mother and was shot in the stomach, according to a report. Benko, 10364 Middle Ave., was in critical but stable condition yesterday at MetroHealth Medical Center in Cleveland, a hospital spokeswoman said.

Benko, 56, told police he was sleeping on a couch in his living room when he heard a voice say, ''Where's the money at?''

''I reached over and grabbed my gun and cocked the trigger and told the guy to get out,'' Benko told police. ''I fired one shot at the bastard. I don't know if I hit him or not.''

Seconds later, Benko realized that he had been shot in the stomach. He made it to the dining room and called 911. Officers found him lying on his back in the dining room with a towel covering his bleeding abdomen.

His mother, Alice Benko, told police she left her bathroom and began walking toward the living room Tuesday night when she heard someone ask where the money was. She saw a person holding a rifle-style gun with two hands pointing it at her son.

She fled back to the bathroom after the man shot her son. Alice Benko was not harmed, said Elyria police Lt. Andy Eichenlaub.

Jim Benko, Philip's brother, of Elyria, told The Morning Journal yesterday that Philip fired one shot but did not hit the assailant.

''I don't think he got him,'' he said. ''I think (the intruder) lucked out.''

Eichenlaub said police had not identified any suspects yesterday. The burglar may have not taken anything from the home.
…

In December, two white men broke into the Benkos' home, assaulted Philip and his mother and got away with collectable coins. Philip carried a gun for protection after that beating, Jim Benko said.

Dallas, Texas

From the Fort Worth Star-Telegram of August 2, 2006

Store clerk fatally shoots masked gunman

A clerk fatally shot a masked gunman in an exchange of gunfire at an east Dallas convenience store late Tuesday, police said.

Anthony Jerome Davis, 17, died at 12:43 a.m. at Baylor Medical Center of Dallas, said Senior Cpl. Janice Crowther, a Dallas police spokeswoman.

The shooting occurred at 9:32 p.m. Tuesday in the 300 block of St. Augustine Road, Crowther said.

``Apparently, this man came into the store wearing a mask,'' Crowther said. ``The store clerks realized immediately that they were about to be robbed, so they took cover behind the counters.

``The man said, `Don't run,' and fired a shot at one of the clerks.''

The clerk got his own gun, Crowther said, and fired back at Davis, fatally wounding him.

Crowther declined to give the clerk's name because he has not been charged with a crime. She noted, however, that the case would be reviewed by a Dallas County grand jury, which is routine.

Williamsport, Pennsylvania

From the Williamsport Sun-Gazette of August 1, 2006

Man claims self defense in shooting last Friday

A Third Avenue man who shot another man in the leg Friday night using a rifle said he did it to protect himself and his family from two men, one of whom was armed, who burst in through the open side door together.

“I did what I had to do,” said the 39-year-old resident of 419 Third Ave., who said he shot the first man who came in by using .30-30 rifle shortly after 11 p.m. He said he did not want to be identified for “fear of retaliation.”

“I had one bullet,” he said.

The shooting occurred in the foyer of the rental, just off a side porch, according to the shooter’s version, which police won’t comment on.

He said he was in the cramped room with his back against the wall and a man behind the first assailant was holding a gun, aiming it at him.

“I shot him in the right hip,” he said of the first unarmed man, who he said was lunging at him with his hands in the air. After the bullet entered, he dropped and crawled off the side porch and onto the sidewalk before being surrounded by city police, he said.

“I thought I shot him in the stomach,” the shooter said. He was not aware what happened to the man holding the gun. “I guess he ran away,” he said.

Asked what reason two men had for bursting into his residence, the man said a few minutes before his wife was outside with their 4-year-old daughter walking the dog.

His wife, who also did not want to be identified, said a man came up to her and pointed a gun at her. He said, “’I’m going to kill your ... dog,’” she said.

The woman said she didn’t know the assailant. She said she then saw another man, whom she believed to be her neighbor, grab the gun and wrestle it away from him. Just then, a second gunman fired several gunshots.

She said she ran inside and called 911. The incident took about eight minutes from start to finish, she said.

Capt. Keith E. Bowers declined to comment on the couple’s statements.

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