Friday, March 3, 2006

Reading, Pennsylvania

From Philadelphia’s NBC10.com of March 3, 2006
Berks County Scene Of Two Deadly Shootings

There were two deadly shootings in Berks County on Friday, NBC 10 News reported.

In one, police said a storeowner shot and killed a robber. The incident occurred at a grocery store in downtown Reading at 12th and Green. Police said a robber demanded money and threatened to kill the storeowner's wife while holding a knife to her neck.

As the robber ran away with the cash, officers said the storeowner grabbed a gun and fired.

Police said they would not file charges in the case.
(The second incident was a murder-suicide.)
Paoli, Indiana

From the Bedford Times-Mail of March 2, 2006
Son cleared in dad's death

Carl Fuller Jr. of Paoli acted in self-defense when he shot and killed his father, Carl Fuller Sr.

Orange County officials announced Wednesday that the younger Fuller would not face charges in the incident.

Police said the two were arguing Feb. 23 when they began exchanging gunfire. Fuller Jr., 30, was not injured in the shoot-out. His father, 50, of Paoli, was fatally wounded in the chest after he was shot with a 12-gauge shotgun.

“The statements of two witnesses at the scene, the statements of neighbors and the statement of Fuller Jr. are consistent with the physical evidence at the scene of the shooting,” said Orange County Prosecutor Kelly Minton in a prepared statement. “This physical evidence, including five spent casings from the (modified .30-caliber) rifle that Fuller Sr. had in his possession during the time of the altercation and bullet holes in the trailer where Fuller Jr. was located, indicates that Fuller Jr. acted in self-defense when he shot his father.”
Long Beach, California

From Los Angeles’ NBC4.tv of March 3, 2006
Suspect Shot During Attempted Armored Car Robbery

A shootout Friday in North Long Beach between armored truck guards and would-be robbers left one suspect wounded, police said.

The confrontation occurred about 8:30 a.m. in the parking lot at the Farmers & Merchants Bank in the 3200 block of Artesia Boulevard, Long Beach police reported.

No guards were injured and no money was stolen, police said.

The wounded suspect underwent surgery Friday afternoon, but a condition report was not available, said Long Beach police Officer Jackie Bezart.

It is unknown how many robbers were involved in the crime, Bezart said.

She said a maroon van or sport utility vehicle that may have been used by the suspects was recovered several blocks away.
Forest Lake, Minnesota

From the St. Paul Pioneer Press of March 3, 2006
Forest Lake man shoots intruder, police say

A 19-year-old Lino Lakes man was rushed to the hospital early Thursday after he was shot when he and several others allegedly confronted a man in a Forest Lake apartment, police said.

The shooting occurred about 1:45 a.m. Thursday, after the group of men went to a North Shore Drive apartment to collect a debt, Forest Lake Police Chief Clark Quiring said today.

The group broke through the door of the apartment, where 20-year-old Paul John Rohde allegedly shot one of the men in the leg with a shotgun, Quiring said.

The group fled the apartment and took Cody Joseph Mezzenga to Fairview Lakes Medical Center in Wyoming. He was later transported to Regions Hospital in St. Paul for surgery.

Quiring said Mezzenga's injuries were not believed to be life-threatening.
Sedgwick County, Kansas

From the Wichita Eagle of March 3, 2006
He gets shot, he sues, he pays

The jury in dueling civil lawsuits decides that the man who shot another man was the one who was wronged.

A mechanic wounded by a gunshot should pay the man who shot him at least $250,000.

That was the verdict Thursday of a Sedgwick County jury, following legal battles that have paraded through both the criminal and civil district courts.

The lawsuit ended nearly 18 months after a jury in a criminal trial found that Dan Herpolsheimer of Mulvane shot Keith McGinley in self-defense.

McGinley sued Herpolsheimer, who responded with a counterclaim for battery and trespassing.

Now, McGinley stands to lose another $500,000, because Thursday's verdict allows Herpolsheimer to seek punitive damages, which can equal up to three times a jury award.

Russell Mills, McGinley's lawyer, said he'll ask Sedgwick County District Judge Eric Yost to strike the verdict and give him a new trial.

"We recognized this was an unusual verdict, finding against a man who was shot," said presiding juror Pamela Clancy. "But we really felt like Dan was the victim here."

Clancy, herself a lawyer, said McGinley became argumentative during his testimony and changed details of his story under cross-examination by lawyer Kurt Kerns. Kerns represented Herpolsheimer in both the criminal and civil trials.

Herpolsheimer, meanwhile, told the same story he'd given to police after the shooting in October 2003:

In a drunken rage, McGinley attacked Herpolsheimer. Herpolsheimer ordered McGinley out of his home. McGinley pulled a knife, causing Herpolsheimer to shoot him with a .357 Magnum.

"Dan's story rang true," Clancy said.

Herpolsheimer, 53, asked for $250,000 in pain, suffering and mental anguish -- the maximum allowed by law.

"I asked for justice," Kerns said after the verdict. "My client has suffered damages in his heart, his spirit and his mind."

The jury calculated $25,000 in past damages and $225,000 in future damages for the award.

Said Clancy: "We figured Dan (53) had a life expectancy of 26 more years. About 10 percent of his life was three years ago. That left $225,000 for the rest of his life."

The jury decided the seriousness of McGinley's attack called for punitive damages.

Thursday, March 2, 2006

Beaumont, Texas

From Beaumont’s KBTV4.tv of March 2, 2006
Would-Be Robber Injured After Gun Battle with Homeowner

The Beaumont Police Department is in the 4200 block of El Paso investigating a home invasion.

BPD tells Hometown News around 1:30 Thursday afternoon, two people entered a home on El Paso and fired at the homeowner. They say the homeowner fired one round back at the suspects—- hitting one of them.

That man was transported by a friend to Christus St. Elizabeth’s hospital where police located him. He is being treated to a gunshot wound to the right arm.

Officers were still looking for the second suspect when this story was updated at 3:40pm on KBTV4.tv.

Police do no [sic] have a motive at this time.
From Beaumont’s KBTV4.tv of March 13, 2006
Homeowner Who Shot at Would-Be Robbers Arrested on Drugs Charges

A homeowner who fired back at two men who he said broke into his home early this month has been arrested on narcotics charges.

The Beaumont Narcotics Unit, SWAT, Street Crimes Unit, K-9 and ATF agents searched the home of 39-year-old Anthony White Friday night while he was giving investigators a statement at the police station.

White was involved in a home invasion shooting on the morning of March 2 when he says two armed men broke in his door and fired at him at his house in the 4200 block of El Paso. White fired back—striking one of the men. The other man is still at large.

Officers seized the club drug Ecstasy, a small amount of marijuana and a .22 caliber gun. White was arrested for possession of narcotics. He has since bonded out on a $5,000 bond.

Wednesday, March 1, 2006

Jacksonville, Florida

From Jacksonville’s News4Jax.com of March 1, 2006
Police: Fatal Shooting May Have Been In Self-Defense

A 25-year-old man was shot and killed Wednesday morning in a northwest Jacksonville neighborhood in what police believe might have been an act of self-defense.

Police were called to the 3100 block of Breve Drive just before 10 a.m. The victim, identified as Gato Sheppard, who was shot in the chest, died soon after being taken to Shands-Jacksonville Medical Center.

A 61-year-old man, whose name has not been released, told police he shot Sheppard in self-defense.

Neighbors told Channel 4's John Dunlap that Sheppard had acted aggressively toward the homeowner.

Investigators recovered the rifle used in the shooting and a handgun at the scene and talked to other witnesses. Police have not filed any charges.