Jury Finds Gainesville Shooter Acted in Self-Defense

Gainesville, Georgia

From the October 2, 2009 Gainesville Times:

Carlos Moz never denied he shot a man in the head, but he claimed it was to defend himself and his brother.

On Thursday, a jury agreed, finding Moz, 34, not guilty of aggravated assault.

The Hall County Superior Court jury deliberated for less than an hour before acquitting Moz of the felony charge, which carried a sentencing range of one to 20 years.

The man Moz shot, 21-year-old Nathan Tony Monson, was released from a hospital just days after sustaining a bullet wound in front of his left ear. He survived the shooting with some hearing loss but no other permanent injuries, according to Brett Willis, the assistant circuit defender who successfully defended Moz.

Willis said his client fired the shot from a legally owned 9 mm handgun on the night of Oct. 1, 2006, after his client’s older brother was severely beaten by an unruly mob of at least six
teenagers in front of California Records, a store next to the Kangaroo convenience store on Park Hill Drive.

The beating victim, Juan Moz, was injured by large chunks of asphalt hurled at him by "a group of ne’er-do-wells harassing a couple of guys who were just walking," Willis said.

The Moz brothers were walking home from a baby shower they attended at the Glen Cove apartments when they were attacked, Willis said.

The prosecution sought to show Juan Moz was confronted after he made advances on a young girl at the apartment complex, but Moz denied that allegation.

While down on the ground, Juan Moz was kicked in the face by a teenage girl who was charged and later prosecuted in juvenile court, Willis said.

During the beating, Carlos Moz, a legal permanent resident who lived across the street at the Versaille apartments, retrieved his gun, Willis said.

When he returned to the front of the store, Monson made a threatening motion toward Carlos Moz and made the statement that he was "looking for who was next," according to Willis. Monson was then shot.

Shortly afterward, police were called to the Moz apartment regarding the beating of Juan Moz. When they arrived, Carlos Moz told police he fired the shot and showed them where the gun was.

North Carolina: Sheriff: Revenge likely motive for fatal home invasion

Halifax, North Carolina

From WRAL of October 2, 2009

Sheriff: Revenge likely motive for fatal home invasion

A New Jersey man who was shot and killed during a home invasion in Halifax Friday morning was likely seeking revenge for a two decade-old domestic dispute, according to Halifax County Sheriff Jeff Frazier.

The investigation is ongoing into details of the 1988 dispute between Marcel Alston, of Halifax, and Carlton L. Burgess, 61, of Lumberton, N.J. Frazier said.

"It's baffling right now. We've got a lot of loose ends that we've got to try to tie up," said Lt. Bobby Martin, with the Halifax County Sheriff's Office.

Investigators said that a knock woke up Alston around 7 a.m. at his house at 5524 U.S. Highway 301, where he lives alone. When Alston opened the door, Burgess, who had a gun, began assaulting Alston.

Alston got away and was climbing up the stairs when Burgess fired, striking his victim in the buttocks, investigators said. Alston managed to get to his bedroom and got out a gun he kept there.

Burgess followed Alston into the bedroom, and Alston fatally shot him in the upper torso, according to investigators.

According to a 911 call, Alston went to a neighbor's for help after the shootings.

In addition to a gunshot wound, Alston suffered a gash on the head. He was undergoing surgery at Halifax Regional Hospital Friday afternoon. His condition was stable, Frazier said.

Alston acknowledged his acquaintance with Burgess and said they hadn't seen each other in several years.

Deputies were examining a white van with New Jersey license plate parked in front of Alston's house that Burgess might have driven. Investigators were also searching a room at the Days Inn in Weldon where Burgess had checked in Wednesday.

Frazier said the killing appeared to be a case of self-defense. The Halifax County District Attorney's Office has to decide whether charges will be filed.

Neighbors said they were stunned this happened to Alston, who has been their friend for years.

"It shocked me," neighbor Leroy Lynch said. "I'm really sad. He's a real nice man."

Oregon: Oregon man, 93, pointed gun before he was shot

Glendale, Oregon

From KTVZ of September 28, 2009

Oregon man, 93, pointed gun before he was shot

The Douglas County Sheriff's Office says the shooting death of a 93-year-old man in southwest Oregon appears to have been in self-defense.

Spokeswoman Andrea Zielinski said detectives learned Clarence Hartley had been pointing a gun before he was shot by 75-year-old Clement Dewart on Friday. She says Hartley was a relative of the Dewart family and lived on their property in Glendale.

Zielinski says the investigation remains active. When it's finished, the results will be forwarded to a grand jury for a review of any possible criminal charges.

Connecticut: Plainfield resident shoots dog, stops attack on animal control officer

Plainfield, Connecticut

From the Norwich Bulletin of September 30, 2009

Plainfield resident shoots dog, stops attack on animal control officer

Plainfield Animal Control Officer Terry Foss was attacked by a "pit bull-type dog" late Tuesday night, according to Plainfield Police.

Foss was responding to a complaint at 270 Green Hollow Road, where, according to residents, the dog was preventing them from exiting their home.

On her arrival, the dog jumped at Foss, knocking her to the ground. Resident Ron Roberts fired "2 or 3 shots" from a .22 rifle at the dog, which police say yelped and ran away.

Foss was transported to The William W. Backus Hospital in Norwich for treatment of possible head injuries, She was transferred to Yale-New Haven Hospital in New Haven.

A hospital spokeswoman said Foss' family has requested no information on Foss's condition be released Wednesday morning.

The dog has not been found.

Police Chief Robert Hoffman said Roberts will not face charges from shooting at the dog. He said the department thanked Roberts for his action.

"It sounds like it could have been a lot worse had he not been there," Hoffman said.

Anyone with information about the owner or the dog is urged to call Plainfield Police at 564-0804.

California: Armed homeowner thwarts burglary suspects

Sutter County, California

From the Appeal-Democrat of September 29, 2009

Armed homeowner thwarts burglary suspects

Three suspects arrested in Sutter County after an attempted home burglary ran into the worst of luck — a homeowner with experience fighting off intruders.

Two women and a man, all Sacramento residents, broke into an isolated house at about 2 p.m. Monday in the 3900 block of O'Banion Road west of Yuba City, according to Sheriff J. Paul Parker. The owner, David Massey, armed himself with a handgun and discovered one woman in his kitchen while the other woman and the man fled out the back door, Parker said.

The suspects got into a Ford Explorer parked on the circular driveway outside and drove it toward Massey, but he fired six shots toward the vehicle just before it rolled onto its side, the 63-year-old homeowner recalled Monday night.

"They drove right across the center of the (driveway) circle towards me, and I yelled at them to stop and fired five rounds into the radiator to make them stop," said Massey. "The car was not three feet from me when it went by; they almost took me out.

"I was in fear of my life. They wouldn't stop, so I shot."

The passengers abandoned the Ford and ran through a flooded prune orchard, but deputies arrested them within a mile of the house. Both women were treated at Rideout Memorial Hospital from injuries sustained in the acc dent, according to Parker.

The sheriff's department identified the detained women as 31-year-old Tiffany Abila and 27-year-old Angelina Walters, and the male suspect as 26-year-old Marcus Campbell. Parker said authorities likely would pursue burglary charges against the three and said others may be pending.

Detectives have recovered jewelry boxes and other items from the Explorer and are checking whether the suspects are linked to any burglaries in the area, the sheriff's department said.

Massey's last encounter with suspected burglars also ended in gunfire. On July 2, 2008, deputies arrived at his house after he reportedly fired his handgun at a suspected burglar fleeing in a pickup and held another alleged robber at gunpoint.

"I wasn't a hero; I just did what I thought I had to do. I just wish I got both of them," he said at the time.

Massey called Monday's incident the sixth theft and third break-in at the home he has owned since 1992, and admitted its remote location has made it a "sitting duck" for would-be thieves. Despite the string of thefts, he declared he would keep the home and was hopeful another house under construction nearby will dissuade at least some thieves in the future.

"Most people in the world are good people, but there's an element out there that doesn't remember 'Thou shalt not steal,'" he said Monday night. "I moved out here for the serenity; I don't know how serene it is today."

Texas: Man Shoots Burglar

Corpus Chrisi, Texas

From KIII of September 30, 2009

Man Shoots Burglar

A Corpus Christi man, who says he's been burglarized the last two nights, took the law into his own hands Wednesday morning when a suspected burglar came back for a the third night in a row.

It was around 2:30am when the Garza family heard what they thought was a burglar in their garage.

Henry Garza says, "I was waiting for him, last night about 2 o'clock in the morning he came in, busted my door, in the garage, and got in it again. He run that away and that's when I shot him."

66 year old Henry Garza, who lives near Port and Baldwin wasn't taking any chances. Sunday and Monday night, Garza says burglars got away with his tools, a couple of bicycles, a stereo, and other small items.

So, Tuesday night, Garza and his wife, Mary, were ready. Around 2:30 in the morning they heard noises coming from their garage and Mr. Garza grabbed his single barrel 410 caliber shotgun. Mrs. Garza armed herself with a two by four.

Garza says, "I hit him one time with the gun, like this, and he ran away. My wife was standing there, he him my wife, she had a 2x4, she hit him with a 2x4. That's what made me mad, he pushed my wife around, and that's when I shot him."

Garza thinks he shot the intruder in the back of the leg, but the suspect was able to get away.

Garza says, "I know I hit him, cause he fell."

Mrs. Garza, who was knocked down is going to be ok and as for Mr. Garza says, "I'll be waiting for him here. If he comes tonight, if he's not wounded."

Ohio: Man fires at would-be robber

West Chester Township, Ohio

From Cincinatti.com of September 30, 2009

Man fires at would-be robber

A resident wrestled with a would-be burglar Wednesday, then fired a shot that may have hit the fleeing man’s pickup, officials say.

Edward Honerlaw, 55, of the 8200 block of West Chester Road, reported he was home alone around 2 p.m. when an intruder kicked in a rear door – so he armed himself with a handgun, a news release said. After a tussle, the suspect fled; Honerlaw fired at the truck.

West Chester Township police have arrested Kyle P. Lightner, 22, of Bannon Court in Middletown. He has been charged with one court of burglary, a second-degree felony.

It was unclear Wednesday evening when Lightner may appear in court.

The incident was reported around 2 p.m.

As of 3:30 p.m., officers were still on the scene gathering information, Wilson said.

Authorities described the suspect as a white man, 6 feet tall, 170 pounds, about age 35, with a scruffy beard, wearing a white hoodie sweatshirt.

He fled in a tan pickup truck, Wilson said.