Midland, South Dakota

From the October 5, 2006 Pierre, South Dakota Capital Journal:

MIDLAND - An August shooting in the rural community of Midland was ruled a justifiable homicide by a Haakon County Grand Jury Wednesday, meaning Dallas McKinley Sr. will not be charged with the death of a Rapid City man.

A justifiable homicide is defined as a situation in which a person is defending himself or other persons, inevitably causing the death of another.

The grand jury heard the testimony of 11 witnesses over a period of

several hours and declined to return an indictment, according to the Haakon County State's Attorney's office.

According to a press release from Haakon County State's Attorney Chip Kemnitz, the evidence showed that Harold Lee Cleveland, the 64-year-old man who died, announced that he was going to Midland, intended to commit suicide and that others would die too.

Cleveland apparently entered the Midland home of C.E. and Arlene McKinley on Aug. 12, and "made it clear his intention was to kill them."

The press release stated that Cleveland held the elderly couple hostage at gunpoint for approximately one hour, during which the woman was secretly able to phone her son, Dallas McKinley, who then called 911.

"An adept Pennington County dispatcher confirmed the 911 call by a call to the couple's residence and successfully kept a conversation going through the ordeal by carefully instructing the 86-year-old woman to disguise her responses with yes or no answers and to interject mundane comments, pretending an innocuous conversation with the telephone company or a friend," the release said.

Local law enforcement and South Dakota Highway Patrol units were dispatched to the home, but Cleveland abruptly left the residence before officers had reached their assigned positions, at which time, Dallas McKinley Sr. entered the home from a back entrance and moved his parents to safety.

According to Kemnitz's office, "The victim was then observed to re-enter the residence, again before officers were in a position to stop him, whereupon an armed confrontation between the victim and the couple's son occurred, which resulted in the victim's death."

An anonymous source connected to the victim told the Capital Journal, immediately after the incident occurred, that Cleveland may have gone to the McKinley home for revenge over an investment dispute dating back to the 1980s.

The release from Kemnitz's office confirmed that the only apparent motive for the victim's actions appears to be a financial loss suffered by the victim 15 to 20 years ago in a fraudulent investment transaction managed by another of the victim's sons, not involved in the incident.

Fort Collins, Colorado

From the Fort Collins Coloradoan of October 5, 2006

Homeowner justified in shooting intruder, DA says

Man to face misdemeanor charge, though

A Fort Collins homeowner who shot a man on a stoop outside a side door was justified in doing so, the District Attorney's office decided Wednesday, but the homeowner still will face a misdemeanor charge related to the incident.

Steven Ray, 58, faces one count of prohibited use of a weapon stemming from the early-morning shooting that occurred Aug. 28 outside his home in the 300 block of High Pointe Drive, according to a news release issued by District Attorney Larry Abrahamson.

Ray said barking dogs woke him around 1:30 a.m. and he noticed someone in the backyard when he looked outside.

The power was out because of an unrelated outage, and when David Ebner refused to identify himself when asked by Ray, the statement said, Ray retrieved a .45 caliber handgun from his basement.

According to the statement, Ebner was reaching for a door handle when Ray returned, a struggle ensued and Ray fired three times. One shot struck Ebner's cell phone and another struck the back of the shoulder, according to the statement; that shot exited through Ebner's chest.

The third shot, Abrahamson said in the release, was an un-aimed shot fired several seconds later and Ray had no idea as to where the bullet was going. This shot, Abrahamson said in the statement, placed all those within range at risk and warranted the misdemeanor charge.

Ray's attorney, Patrick Renworth, said he and Ray were relieved more serious charges were not pressed, but Renworth added he disagrees with the misdemeanor charge.

Ray did not feel out of danger when Ebner was retreating, Renworth said, and was worried he could be circling around the house.

Stephen Cook, Ebner's attorney, said he and his client both thought the prosecution decision to not charge the felonies recommended by Fort Collins police a "shocking disbelief."

Abrahamson said the office did not feel it could prove that Ray's actions were unreasonable if charges had been filed relating to the first two shots.

Ebner will not face charges, according to the statement, because his blood alcohol levels were very high and justice would not be served by prosecuting him.

Clark County, Washington

From the Clark County Columbian of October 5, 2006

Loveless exonerated in CB shooting

Jon W. Loveless was exonerated Thursday on charges of second-degree murder and was to be released from the Clark County Jail.

On a one-page order, Senior Deputy Prosecutor John Fairgrieve said further investigation was necessary into the Sept. 30 shooting at Westfield Vancouver mall.

Prosecutors reserve the right to refile charges.

Loveless' court-appointed attorney, Therese Lavallee, was headed into the Clark County Jail about 9:30 a.m. Thursday, shortly after a judge had signed the order. She said Loveless will be released after his paperwork is processed.

Loveless, 44, told investigators he shot Kenneth P. Eichhorn, 47, in self-defense after Eichhorn refused to drop his gun.

The two men had agreed to meet at 1:30 a.m. in a parking lot after an exchange over citizens band radio.

According to court records, Loveless said he thought the meeting was in reference to a piece of radio equipment. When he pulled his truck up next to Eichhorn's truck, however, he saw Eichhorn had a gun pointed at him.

After the shooting, Loveless left and went home, then called 911 and turned himself in.

On Wednesday, Fairgrieve indicated he had yet to see evidence that would support a second-degree murder charge. He said the standards police use to arrest a suspect are lower than what prosecutors use to file charges, and by law charges against a person in custody must be filed within 72 hours of the suspect's first court appearance.

Amarillo, Texas

From the Amarillo Globe News of October 4, 2006

Man fires shots at burglar, struck by unknown object

A man suffered injuries when he was struck with an unknown weapon after he reportedly shot at a burglar who was trying to break into his car late Monday.

According to the Amarillo Police Department, Michael Ray Howard heard a disturbance in the front yard of his home in the 4800 block of Southwest 57th Avenue about 10:40 p.m., and, when he went outside, he saw a person attempting to break into his vehicle.

When Howard approached his vehicle, the burglar displayed some type of weapon, police said, and Howard then fired one shot at the burglar with a handgun.

When Howard fired his gun, another man then struck Howard in the back of the head.

The burglar and the other man then fled from the scene, police said.

It is unknown if the burglar was struck by gunfire, police said.

Howard was transported to a local hospital with non-life-threatening injuries, police said.

APD Cpl. Jerry Neufeld said police will present their investigation to the Randall County Criminal District Attorney's Office to determine whether any charges will be filed in the incident.

Montgomery, Alabama

From the ABC3340.com of October 2, 2006

Elderly Man Kills Attacker

Montgomery (AP) - Police say a 34-year-old Montgomery man was shot and killed when he allegedly attacked a 72-year-old man Friday night in west Montgomery.

Captain Huey Thornton, a police spokesman, said Jack Sanchez was pronounced dead around 10 p-m. Thornton said the shooting occurred after Sanchez kicked the man's truck as he drove by. He said when the older man got out to inspect his vehicle, Sanchez attacked him.

Police did not release the shooter's name because he was not arrested.

Thornton said the case will be sent to a grand jury to determine if any charges are warranted.

Houston, Texas

From Houston’s ABC13.com of October 3, 2006

Man fights back against would-be thieves

Police say several men went on a violent crime spree overnight, but it came to an abrupt end when their last victim stopped them in the driveway of his southwest Houston home.

Several suspects were seen driving around Monday night in a light colored Dodge Durango. Police believe they robbed at least four people beginning around 11pm Monday night.

But when they allegedly tried holding up a man on Prudence, the homeowner pulled out his own gun and shot one of the suspects in the leg. That wounded suspect left the scene with the others, but later called police himself and told them he'd been injured.

It didn't take long for investigators to realize he was same guy shot by the robbery victim.

"Yes, at this time, we believe the suspect after being shot by the homeowner returned to his residence and called police and informed them he'd been shot in a drive-by," said Sgt. Mathew Jenkins with the Houston Police Department. "We have since learned that was not the case."

The other suspects apparently tried to check up on their friend in the hospital. Police spotted that Dodge Durango nearby and briefly chased the suspects, who bailed out and escaped. Police believe it was the same Durango used in the other crimes.

McMinn County, Tennessee

From Chattanooga’s WDEF.com of October 2, 2006

McMinn County Shooting

The McMinn County Sheriff's Department investigates a weekend shooting.

Detectives say Susan Miller was shot in her left shoulder at a trailer off of County Road 609.

The homeowner told authorities he shot in self defense when Miller attempted to break-in through a window.

After looking into the situation, detectives discovered that Miller filed a false report with Athens police.

The investigation is on-going and charges against Miller are pending.

Miller was treated and released from the hospital.