Troy, Alabama

From the Troy Messenger of November 8, 2006

Accused found not guilty

A man accused of murder in connection with a 2004 shooting death at a Pike County night club was found not guilty on Wednesday when a jury agreed he fired in self-defense.

It was the second trial for 22-year-old Cedrin Ferodd Carter of Troy, who was accused of murder in the shooting death of Donney Howard Carpenter, 34, of Brundidge at Club Paradise on Dec. 25, 2004.

The state's first case against Carter ended in a mistrial in June, after a jury deliberated for nearly six hours before declaring it could not reach a verdict.

In his first trial, Carter entered a plea of not guilty. But in this week's trial, which began immediately after jury selection on Monday, he changed his plea to self-defense, admitting for the first time since the incident that he shot Carpenter.

The jury in this week's trial was not aware of the previous mistrial or Carter's change in plea.

In both trials, the state's case against Carter hinged on eyewitness testimony, and both times Carter's attorney, Randy Arnold, heavily scrutinized the reliability of that testimony.
…

Carter did not take the stand during the trial, and the defense called only one witness, Don Smith, the Club Paradise security guard who was on duty the night of the shooting. Smith testified about a gun and a bullet he found underneath Carpenter's body when he rolled him over after the shooting. Smith said the bullet did not bear any marks of having been fired.

In his closing argument, Arnold told jurors his theory was that Carpenter had attempted to fire at Carter and the gun jammed, and Carter had returned fire in self-defense.

Winston-Salem, North Carolina

From the Winston-Salem Journal of November 5, 2006

Man shot by homeowner, not deputies

A man wounded during a home break-in on Tuesday was shot by the resident, David Grice, the sheriff of Davidson County, said yesterday.

A news brief in yesterday's paper incorrectly said that the man had been shot by deputies.

Grice said that Zackary Allen Staley, 21, of 149 Clapp Farm Road was shot by the homeowner, Phillip Cross Jr. The shooting remains under review and no charges have been filed against the homeowner, Grice said.

Grice said that deputies were sent to Cross' home Tuesday on a report of a home invasion and that shots had been fired. Grice said that deputies learned that Staley was shot after he kicked in a door into the basement of Cross' home. He was hit in the knee and hand.

Deputies found Staley in the emergency ward at Lexington Memorial Hospital. He was taken to Wake Forest University Baptist Medical Center and later returned to the Lexington hospital, where he was released, Grice said.

Grice said that Staley was charged yesterday with first-degree burglary and attempted robbery with a dangerous weapon. He was released on a $20,000 bond.

Two other men were also charged with the same offenses.

Natchez, Mississippi

From the Natchez Democrat of November 6, 2006

BREAKING NEWS: ROBBER SHOT BY STORE CLERK

A man allegedly attempting armed robbery at a local pawnshop was shot in the head by a store employee Monday morning.

The man is in critical condition at a local hospital.

Three subjects entered Old South Pawn Shop on St. Catherine Street around 10 a.m., Police Chief Mike Mullins said.

Two of the men had their faces covered and the third stayed by the door.

One man was carrying a handgun in each hand, demanded money and soon fired into the store, Mullins said.

"The employee returned fire and struck him in the head," Mullins said.

The employee held the other two suspects at gunpoint in the parking lot until police arrived.

Two men were arrested, while the third was transported by ambulance.

"The employee appears to have fired in self defense," Mullins said. "No charges have been filed against him."

Chattanooga, Tennessee

From Chattanooga’s NewsChannel9.com of November 5, 2006

Night Club Shooting with Security Guard

A man is fighting for his life in a hospital room after a security guard shot him early this (Sunday) morning.

Chattanooga Police Officer Tetzel Tillery says shortly after 3:00am a security guard for Club Deep Blue on Brainerd Road shot 27-year-old Antroil Jones. Tillery says it appears the security guard acted out of self defense. Witness told police 25-year-old Carecio Moody asked Jones to leave the club for dancing on tables and starting a fight. Jones returned after hours to confront Moody. Officer Tillery says Jones pulled up next to Moody's car and flashed a hand gun. That's when the security officer drew his own gun and shot Jones in the chest.

At last check, Jones was listed in critical condition at Erlanger. This case is still under investigation.

West Memphis, Arkansas

From the Pine Bluff Commercial of November 5, 2006

West Memphis man shoots, critically wounds intruder

A West Memphis man shot and critically injured an intruder who broke into his house and tapped him on the forehead with a pistol, police said.

The homeowner, who has not been identified, told police that he was lying on the couch watching television early Friday when a man "tapped him on his head with an old black pistol" and demanded money. The homeowner gave the man his wallet, then pulled a handgun from under his pillow and shot the intruder.

"The homeowner stated he didn't know how many times he fired his weapon, but that he fired every shot in his magazine," said Mike Allen, assistant chief for the West Memphis police.

The suspect, David Mablin, 23, of West Memphis was found lying in an alley outside the home, police said. Mablin had one gunshot wound and was taken to The Med in Memphis, where he was in critical condition Friday.

Police say they don't expect to file charges against the homeowner.

"The case is still being investigated but it appears that the homeowner acted in complete self defense," Allen said.

Longview, Texas

From November 4, 2006 KLTV channel 7:

An overnight burglary attempt in Longview ends with one of the alleged intruders shot to death by the homeowner. Police say three other juvenile suspects, who broke into the property, are in custody.

Sheriffs deputies say the burglary happened in north Longview shortly after 2:00 a.m. The home is located in the 200 block of West Pliler Precise Rd.

Investigators say burglars were confronted by the 65-year-old homeowner when they entered the residence. The owner fired several shots, and the suspects fled the property.

Bradley Parrish, 19, of Longview was shot, and found dead a short time later. Parrish had apparently collapsed while crossing the road about 200 yards away from the home. Deputies caught the other three juveniles, two boys and a girl, within minutes of arriving at the scene.

The news of the shooting has shocked and unnerved neighbors, who had no idea what had happened. "It's definitely unnerving, but my feelings on it are you don't need to be there if it's not your home," said Deanna McAdams.

The juveniles have been charged with burglary of a habitat. They are in juvenile detention. An autopsy has been ordered in the case. The evidence has been handed over to the District Attorney's office, to go before a grand jury.

UPDATE: More details from November 5, 2006 KLTV channel 7:

Some Longview residents say the intruder who was killed by a homeowner may have been following others.

...

Residents in the area are shaken by the news of a 65-year-old homeowner who shot an intruder in his home early Saturday morning, but sympathetic to his actions. "I don't blame him, honestly. I don't blame him. I think that I'd do the same thing if that were my house," said area neighbor Amber Bailey.

Bradley Parrish, 19, of Longview was shot inside the home. He fled with three other juveniles that had entered the house, but was found dead a short time later, collapsing after crossing the road about 200 yards away from the home.

Larry Barnett was Parrish's friend since childhood. He says Parrish was a familiar face in the neighborhood and would never have come up with the idea of burglary.

"He had his troubles but he wouldn't go this far. It could be anything, walking the streets visiting and the kids he was with coaxed him into it," said Barnett.

Yakima, Washington

From the Yakima Herald Republic of November 4, 2006

Jury finds Kansas man not guilty of murder

Willie Rodriguez asked for it, he got it, and a jury Friday exonerated the man who did it.

Deliberating barely two hours, the jury of 10 women and two men acquitted Judd Stephen Hurst of second-degree murder for gunning down Rodriguez, 19, in a gun-waving confrontation last year alongside a dark road outside Toppenish.

In a separate verdict, the jury ruled the shooting was justified under a state law that protects the right of self-defense and ordered that Hurst, 27, receive reimbursement in the form of civil damages. A dollar figure will be decided later.

Yakima County Superior Court Judge Jim Lust signed papers on the spot freeing Hurst from jail, where he had spent the past 14 months awaiting trial. A related gun charge was also dismissed.

Afterwards, Hurst's trial attorney, Ken Therrien, said the verdict was one of the most satisfying in his career. His client earlier had rejected a plea bargain to a charge of second-degree manslaughter.

"He didn't need any prodding," Therrien said of Hurst. "He said, 'I can't take that. That's not what happened.' "

The verdict came as no surprise to those who followed the trial, which began two weeks ago and often seemed more like a coroner's inquest. The jury also rejected a lesser charge of first-degree manslaughter.

The shooting on Aug. 28, 2005, culminated a confrontation that began at a party attended by Hurst, who is from Overland Park, Kan., and was visiting friends in the area.

Witnesses testified Rodriguez, a member of a reputed street gang called the Outlaws, became angry when Hurst and a friend offered to give a woman named Angelica Gopher a ride home. Gopher was Rodriguez's off-and-on girlfriend, and they had a child together.

Rodriguez pursued the Hurst car, forcing it off McDonald Road. Rodriguez's 2-year-old daughter was in the back seat with Gopher. Witnesses testified Rodriguez got out and began threatening Hurst and the other occupants of the car with a .25-caliber chrome-plated pistol.

Hurst then grabbed a Glock semiautomatic pistol from under his car seat and opened fire at close range, firing 13 bullets in just a few seconds. Rodriguez was hit 11 times, including five or six times at almost point-blank range after he collapsed to the ground.

(More detail)

From the Yakima Herald of April 21, 2007

Ex-suspect reimbursed for attorney

A former murder defendant was reimbursed $2,000 for the cost of a lawyer under a rarely invoked state law that protects the right of self-defense.

Even so, the money was a pittance compared with the $30,000 in lost wages requested by Judd Stephen Hurst for the 14 months he sat in jail awaiting trial on a charge of second-degree murder.

But Yakima County Superior Court Judge James Lust refused to honor the larger sum, noting there was no proof the 27-year-old Hurst actually lost any wages.

The case stemmed from a shooting on a dark road outside of Toppenish the night of Aug. 28, 2005.

The shooting culminated a confrontation that began at a party when 19-year-old Willie Rodriguez became incensed with his girlfriend for getting a ride home from Hurst, who was from Overland Park, Kan., and was visiting friends in the area.

At the party, Rodriguez assaulted his girlfriend and threw beer on her while she was holding the couple's daughter. He then pursued Hurst's car, forcing it off the road and threatening Hurst and other occupants with a pistol.

Hurst grabbed a pistol from under his car seat and opened fire at close range. Rodriguez was hit 11 times, including five or six times at almost point-blank range after he collapsed to the ground.

At trial last year, prosecutors alleged Hurst overreacted to Rodriguez's drunken threats and that any danger posed by the victim was over with by the time Hurst fought back.

But Hurst testified that in the confusion, he didn't realize Rodriguez had put down his gun. Other witnesses tended to corroborate his story. There was no question Rodriguez was drunk and angry. His young daughter was in the Hurst car.

A jury deliberated barely two hours before acquitting Hurst. Not only that, the jury ruled the shooting was justified under a 1977 law that protects the right of self-defense.

In addition, the jury also recommended Hurst be reimbursed for costs. What those costs were, exactly, was a little unclear.

The state, represented by deputy prosecutor Duane Knittle, did not dispute that Hurst's family deserved reimbursement for a temporary $2,000 retainer to local attorney Adam Moore.

The family hired Moore, the dean of criminal defense attorneys in Yakima, in a bid to dissuade prosecutors from filing charges against Hurst in the first place. Prosecutors did anyway.

Judge Lust ruled the no-refund retainer was clearly owed to Hurst or his family, although it was uncertain who paid it and exactly who would get the check.

Hurst's trial attorney, Ken Therrien, also made a pitch that Hurst deserved wages he would have earned during the time he was sitting in jail.

"Mr. Hurst is a free man today," Therrien said, "but he lost 15 months of his life."

But Lust ruled that an unsigned statement from a restaurant owner in Seattle just wasn't enough to establish that Hurst had a job lined up. Hurst has since moved back to Kansas.