Friday, December 31, 2004

Missouri City, Texas

From the Houston Chronicle of December 30, 2004
Pair sought in shooting of teen during break-in

Wounded boy's aunt exchanges fire with intruders

Police are searching for two men who forced their way into a home Thursday and shot and wounded a 16-year-old boy who was asleep.

After the break-in, the teen's aunt, Malika Leverette, 30, grabbed her .45-caliber pistol.

"She exchanged gunfire with them as they were fleeing the home. They escaped," said Missouri City Police Chief Ron Echols.

Echols said the men demanded to see someone who previously lived at the address.

The youth, whose name was not immediately available, was taken to Memorial Hermann Hospital where he was treated and released, Echols said.

The incident occurred about 3 a.m. in the 500 block of Reecewood. Echols said one of the intruders, armed with a 9 mm pistol, fired a shot at the teen who was sleeping on the couch. He was struck in both arms. The youth is from California and was visiting relatives.

Wednesday, December 29, 2004

Alta Vista, California

From San Diego’s of December 22, 2004
Alta Vista Homeowner Shoots Suspected Burglar

An Alta Vista homeowner shot and wounded a burglar Wednesday, 10News reported.

The man fired a warning shot from a handgun when he heard someone trying to break in through the front door of his house in the 1400 block of South 58th Street around 1:30 a.m., Sgt. Bob Dare said.

He fired several more rounds when the burglar broke a window and climbed through, Dare said.

The homeowner then called authorities to report the attempted break-in and shooting.

The burglar, whose name was not immediately reported, was taken to a San Diego hospital and treated for his wounds, Dare said. He is expected to survive.

Tuesday, December 28, 2004

Hamtramck, Michigan

From Detroit’s of December 27, 2004
Clerk Exchanges Shots With Robber At Neighborhood Store

Reward Being Offered For Arrest

Shots were fired during a robbery at a Hamtramck store Sunday afternoon, police said.

Police said a pair of masked men entered Sam's Market and ordered customers to the ground while one of them fired shots in the air.

"We could have had dead bodies everywhere," said Detective Jacqueline Crachiola, of the Hamtramck Police Department.

One of the men allegedly hopped over the counter and entered an office in back of the store, Local 4 reported.

At some point, the store clerk reportedly started wrestling with the gunman behind the counter.

The robbers fled the store with an undisclosed amount of money, but one of the men returned and took aim at the clerk, police said.

A bullet pierced a copy machine and another grazed the collar of the clerk's jacket, the station reported.

Police said the clerk then pulled out a gun and fired back at the robber.

No one was injured during the gunfire, but customers were upset that the nearly 30-year-old market was targeted.

Sunday, December 26, 2004

Durham, North Carolina

From the Raleigh·Durham News-Observer of November 15, 2004
Man injured in shooting

A security officer shot and injured a man after a disturbance Saturday night.

Police responded to a disturbance call at the Pueblo Express restaurant at 2721 Guess Road about 10 p.m. and found a man had been shot by a security officer, police said.

One shot had been fired, striking the man in the arm and chest. The victim was taken to Duke Hospital, police said.

Police did not release the names of the security officer or the victim. No arrests had been made late Sunday.
No subsequent stories about this incident were found.

Friday, December 24, 2004

Sparks, Nevada

From the Las Vegas Sun of December 24, 2004
Ex-boyfriend killed in Sparks during confrontation

A man broke into his ex-girlfriend's apartment and threatened her and a friend before he was shot and killed early Friday, Sparks police said.

The name of the deceased was withheld until relatives are notified.

The incident began around 2:40 a.m. when police received a call regarding an unwanted ex-boyfriend at an apartment on Beacon Hill Court, officers said.

When officers arrived they found the ex-boyfriend in an upstairs bedroom with multiple gunshot wounds. He died later at Washoe Medical Center, police said.

Authorities said the man had moved out of the apartment he shared with the woman in late November.

On Thursday, the woman asked a co-worker to help her get a restraining order against her former boyfriend, police said. A restraining order was issued but investigators don't think it had been served yet.

The co-worker, Charles Ketcham, fell asleep at the woman's residence and was there when the ex-boyfriend kicked down the door, police said.

Ketcham was beaten on the head with a metal lamp, police said. The intruder reportedly then attacked the woman, and Ketcham shot him with a handgun.

Ketcham was treated at the hospital for head wounds. The woman refused medical treatment, police said.

An investigation continued.

Thursday, December 23, 2004

Sandlick, Virginia

From Dickenson County’s of December 22, 2004
Elderly victim shoots intruder

After being shot in the leg and scared that he and his wife would would be killed by the two men who had held them hostage for two hours as they ransacked their home, Clyde Colley decided to defend his life and home, investigators say.

Now, one Kentucky man is dead and another is in jail on a long list of charges. Colley, 84, is in Dickenson Community Hospital recovering from the gunshot wound.

At about 8:40 p.m. on Dec. 14, a caller reported to 911 dispatch that a man had been shot at the Colley residence. Dickenson County sheriff's deputies were sent to the home on Route 80 between Haysi High School and Birchleaf.

When officers Scottie Owens and Brett Stallard arrived at the Colley home, they found Hubert Howard Jr., 39, of Letcher County, Ky., dead from a gunshot wound to the head. Police say the shot was fired from a .38-caliber special that belongs to Colley.

Colley was also wounded, suffering a shot to his calf from a .25 caliber gun allegedly fired by one of the intruders. The man accused of shooting Colley, 24-year-old Mazel Sexton, also of Letcher County, had fled the home but was later arrested by local authorities in Kentucky, according to sheriff's investigator John Hall.

Sexton is charged with two counts of robbery, two counts of abduction, two counts of burglary, maliciously shooting with intent to kill, use of a firearm while committing a felony and unlawfully shooting Colley in the commission of a felony.

Wednesday, December 22, 2004

Lancaster, Pennsylvania

From Lancaster‘s TheWGALChannel of December 22, 2004
Shop Owner, Customer Shoot At Would-Be Robber

An attempted robbery at barber shop in Lancaster led to a shoot-out with the owner and a customer.

Lancaster police said a man armed with a gun held up the Final Fade Barber Shop on North Plum Street around 8:30 p.m. Tuesday.

When the man demanded money, police said the shop owner and a customer shot at the robber.

The would-be robber got away and it's not known if he was injured.

Waterford, California

From Palm Springs’ of December 22, 2004
Authorities: Waterford woman kills live-in boyfriend in self-defense

Stanislaus County authorities say a woman shot and killed the man she lived with early yesterday, apparently after he had beaten her.

The coroner's office identified the dead man as 49-year-old Daniel Hollenbeck of Waterford. The woman's name was not released, and authorities are calling her a domestic violence victim.

Neighbors say the woman often had bruises on her face and body, and Hollenbeck had been repeatedly arrested on domestic violence allegations.

The woman called nine-one-one and told dispatchers she had just shot Hollenbeck. She said she did it to stop him from beating her, according to the sheriff.

The woman was treated at a local hospital, but she was not arrested.

Tuesday, December 21, 2004

Salinas, California

From Salinas‘ of December 21, 2004
Salinas Homeowner Shoots, Kills Alleged Robber

A Salinas man took his family's safety into his own hands Tuesday morning when an alleged robber broke into his home.

Police say that two men armed with weapons broke into the Salinas home on Powell Street around 9 a.m., but the homeowner was still inside, along with his three children.

The homeowner shot one alleged robber. The man was taken to a Salinas hospital, where he later died. The other man is still on the loose.

After the homeowner shot the robbery suspect, he says he ran over to his neighbor's house to call the police and an ambulance.

Neither the homeowner nor his three children were hurt.

Aldine, Texas

From the Houston Chronicle of December 21, 2004
Homeowner shoots, kills intruder in Aldine

A 79-year-old homeowner shot and killed a man who broke into his Aldine area home early today, Houston police said.

The intruder, Robert Hinojosa, 19, of the 200 block of Gulf Bank, was shot one time in the abdomen and died later at Ben Taub Hospital, investigators said.

Hinojosa was burglarizing the residence in the 500 block of Turney near the North Freeway when the homeowner woke up around 1:30 a.m., police reports show. The elderly man repeatedly told Hinojosa to leave, but Hinojosa would not.

The man then shot Hinojosa once while both were still inside the house, police said. No charges have been filed, and the case will be referred to a Harris County grand jury for review.

Saturday, December 18, 2004

Oak Hill, Ohio

From the Jackson County Times-Journal of October 11, 2004
Robbery attempt thwarted by homeowner

A robbery attempt, committed on Riegel Ridge Road in Oak Hill, was aborted, Tuesday, after the homeowner fired a gun on one of the intruders.

According to reports from the Jackson County Sheriff's Office, 911 dispatchers received a hang up call from 905 Riegel Ridge Road.

While en route to the scene, the responding officer was advised that there were two more 911 calls received from the residence and that a female had called advising that her father had called her from that address and told her that someone had broke in the house and the garage while he was in the garage.

Upon arriving at the scene, the officer checked and cleared the house and then went to the garage. He observed that the garage door had been kicked several times and the window, of the door, had been knocked out and was on the garage floor.

The officer entered the garage and found the resident, Roy Lundy Sr., 61, holding a large revolver in his hand which he immediately put away in a tool box. The officer asked Lundy if he was okay and he responded yes.

According to the report, Lundy informed the officer that he had been sitting in his wheelchair in the garage when he observed a white Lincoln pull into his driveway, turn around and back up to the house. He saw two white males go toward the back of the house.

At that time, someone began kicking the garage door and Lundy backed his wheelchair into a back corner of the garage. Lundy said that the window was knocked out and a black male entered the garage through the hole in the door where the window once was.

Lundy fired one shot at the intruder and he jumped back through the hole exiting the garage.


Friday, December 17, 2004

Cleveland, Ohio

From Cleveland‘s of December 17, 2004
Claiming self-defense, Cleveland grocer kills suspected robber

The operator of a grocery store shot and killed a suspected robber three nights after a gunman killed a clerk and customer at another deli in the city.

Jessie Buchanan, 19, of Lakewood, walked into a grocery Thursday evening with a gun, demanded money and threatened the five people inside. Nadim Shalamy, 71, of Lakewood, shot the robber in the head, police said.

The robber had fired at least one shot, witnesses said.

"He shot a shot, and he missed, and my father didn't miss," said Jeff Shalamy. "If my father didn't shoot him, he would've killed all of them."

Police arrested two men who were waiting in a suspected getaway car. Their names weren't immediately released.

Thursday, December 16, 2004

Talladega, Alabama

From the Talladega Daily Home of December 14, 2004
Apparent family dispute leads to shooting death

An apparent family dispute in the Fayetteville community Sunday night left one person dead and has prompted an investigation by the Talladega County Sheriff’s Department.

Martin Benjamin Embry, 24, was pronounced dead at the scene at 5529 Old Fayetteville Road. He was killed by a single shotgun blast to the chest.

Although the investigation remained ongoing Monday afternoon, Chief Deputy Jimmy Kilgore said statements from the numerous eyewitnesses to the incident indicated that Embry had come to his grandfather’s residence, where the shooting occurred, looking for his wife and 2-year-old daughter.

"He made several threats over the course of the evening," Kilgore said, "finally telling everyone there that he was going home, and if his wife and daughter weren’t home with him by 9 p.m., he was going to come back and kill everybody there."

In addition to the wife and child, Talladega County District Attorney Steve Giddens said he believed all of Embry’s grandparents and at least two of his siblings were also in the house at the time.

Embry returned to the house, as promised, at 9 p.m., carrying a rifle, Kilgore said.

"Based on what we’ve found out so far, the grandfather told him several times to put the gun down," according to Kilgore. "Embry then pointed the gun at his grandfather, and the grandfather fired a shotgun and wounded him fatally."

Houston, Texas

From Houston’s of December 11, 2004
Homeowner and neighbor fire back against home invasion suspects

Shots fired inside a home in The Heights during a violent home invasion. Moments later, the victim's neighbor tried to help and he started shooting, too.

Police are still looking for suspects. It happened on 23rd at Baylor. Neighbors are still shocked over the incident that left more than a little mark on this quiet neighborhood.

Neighbor Benny Grable said, "A little bit before seven it sounded like a war zone out here."

It was a scene Benny and his wife Alice won't soon forget..

"Of course, I was scared," said Alice Grable. "It's not something you have happen every Saturday morning when you're still asleep."

Gunfire erupted just yards from their front door. Bullets piercing walls, trees -- almost anything that got in the way.

HPD Officer Keith Lovelace said, "A lot we're not sure the total, but several shots fired."

Police say it all began with a home invasion. Three people were home when two suspects broke through a glass window to gain entry into the house. Once inside, that's when police say the gun battle began.

"Inside the house they exchanged gunfire with the owner," explained Officer Lovelace.

The tenant fought off the intruders for several minutes. That's when police say others got involved. Shortly after the break in, a neighbor who lives just one door away came running over to this house. That's when he exchanged fire with the suspects.

Officer Lovelace said, "Neighbor never goes inside, he exchanges gunfire from outside the residence."

Cornered, the suspects fled the scene. The tenant who fired back was shot once in the arm. Those who know him couldn't believe what had happened.


Buffalo, New York

From the Buffalo News of December 16, 2004
Would-be burglar shot by owner, police say

A would-be burglar was shot twice by the owner of a Best Street home he apparently was trying to break into Wednesday evening. He was listed in very critical condition in Erie County Medical Center, police said.

The 28-year-old man allegedly was trying to enter a home at 761 Best St. with another man at about 8:30 p.m. when they were approached by the owner, who pulled out a gun and began firing. The wounded man was shot in the chest and buttocks. His companion fled.

The wounded man was found by Ferry-Fillmore District police officers lying in the street near 33 Myers St. a short time later.

Police were interviewing witnesses, including the alleged shooter, according to reports.

The wounded man is expected to be charged in the incident. Initial reports by police indicate that the shooting appeared justified, but detectives said further investigation into the incident is required.

Milwaukee, Wisconsin

From Milwaukee‘s Journal Sentinel of December 15, 2004
Clerk chased off attacker after robbery, police say

Man says he was struck over the head with a bottle

A store clerk who was hit over the head with a bottle and robbed Tuesday pulled a handgun from behind the register and chased off his attacker, Milwaukee police said.

At 4:50 p.m., the robber struck the 41-year-old clerk at Star Food, in the 2500 block of W. Grant St., with a bottle, briefly knocking him unconscious, said Sgt. Ken Harris, police spokesman.

According to Harris, the robber stole money from the cash register and grabbed the victim's car keys. As the robber went to get into the car, the clerk grabbed a gun, ran outside and confronted his attacker, who then ran. The gun was legal to have behind the business counter, Harris said.


Wednesday, December 15, 2004

Hampton, Virginia

From Norfolk’s of December 14, 2004
Robber Gets A Surprise From Potential Victim

On the Peninsula, it's the bad guy lying in a hospital bed, while his intended victim is unscathed. Your NewsChannel 3's Kathleen Carey has the story of the victim that fought back.

Hampton Police say it's a case of an armed robber going after the wrong guy. Instead of a Hampton man becoming the victim of an armed robbery, Hampton Police say he turned the tables on his attacker. In the parking lot behind the "Treasure Chest" nightclub on East Pembroke Avenue, police drew circles around empty shell casings, drawing the conclusion that 22-year old Tony Kensler, Jr. Newport News pulled-out a gun to rob a man, just to be surprised that his intended victim fought back.

That man had a permit for a concealed weapon, and he's the one who got off the shots, hitting Kensler in the arm, leg and chest. Police say it was self defense, and those who we spoke with agree. Sarah Daniel lives nearby, "I think he had every right to do what he did. If someone came up to me, I'd use any means of self defense that I had." Charli is an employee of the club, but wasn't working the night of the shooting. Still, she has an opinion, "I think the bad guys need to have something happen to them for a change, instead of always have some innocent person die."


Dover, New Hampshire

From Manchester’s of December 15, 2004
Man Acquitted In Shooting Death

A New Durham, N.H., man was cleared of murder charges Tuesday in the death of a Farmington teenager who went to his home to collect a $50 debt.

George Curran, 22, argued that he shot Michael Allman, 19, last January in self-defense. New Durham Police Chief Shawn Bernier said he was stunned at the verdict.

The incident started when Allman went to Curran's house to collect $50 another man owed him for a television set. Allman and Curran argued, and Curran fired one shot, hitting Allman in the chest.

Monday, December 13, 2004

New Castle, Delaware

From the Wilmington News Journal of December 13, 2004
Robber flees when victim pulls gun

State police have charged a 25-year-old Bear man in a string of liquor store robberies after police found him hiding under a porch as he fled a botched robbery attempt.

Michael A. Brown, of the first block of Barrister Court in Buckley off U.S. 40, was being held Sunday in the Young Correctional Institution in Wilmington for lack of $160,000 secured bail, said police spokeswoman Cpl. Helen Zane.

The manhunt began with the report of an attempted robbery at Chelsea Liquors, 8 Morris Road, near New Castle, shortly before 10 p.m. Friday, Zane said.

An armed, masked man walked up to a 52-year-old employee, but ran away when the employee produced a gun of his own, she said.

Police patrolling the area spotted a dark Acura with a Pennsylvania tag leaving the scene and followed the car to the neighborhood of Roselle off Kirkwood Highway, where a man jumped out of the car and ran, Zane said.

State troopers and New Castle County police flooded the area, Zane said.

Brown was found hiding under a porch in the first block of Roselawn Avenue, Zane said. Officers also found a gun and mask believed to have been used in the attempted robbery.

Sunday, December 12, 2004

Indianapolis, Indiana

From the Indianapolis Star of December 12, 2004
Two men killed in bar shootout

Two men died and three people were injured early today in a shootout at McShane's lounge on the Near-Eastside, Indianapolis Police said.

Dead are Vernon Shane Goodpastor, 32, and David Lightle, 48, both of Indianapolis.

Injured were Michelle Stewart, 46; Marion Watkins, 48; and Chad Hahn, 27. All three live in Indianapolis and were taken to Wishard Memorial Hospital where they were listed in good condition, police said.

Stewart was shot in the hip, Watkins in the foot, and Hahn in the arm.

According to police, an argument broke out between Goodpastor and Lightle. The disagreement escalated and Goodpastor pulled a weapon and shot Lightle.

At that point, bar patron Randy Howey of Avon, pulled a handgun and shot Goodpastor.

Howey had a permit for the weapon he used and was not arrested, police said.

Saturday, December 11, 2004

Homewood, Pennsylvania

From the Pittsburgh Post-Gazette of September 17, 2004
Woman who shot attacker tells story

Her nervous fingers gripped the handle of the .38-caliber revolver tucked in the pocket of her sweatpants.

She couldn't see clearly. Her eyes crossed as they focused on the barrel of a .22-caliber rifle inches from her nose.

Charmaine Dunbar, a 44-year-old mother of three, refocused her gaze in the predawn light. Mental images flashed before her.

"He said, 'Stand there so I can shoot you.' He looked like a devil," Dunbar said yesterday.

The man she said confronted her, Daniel Wesley, 27, is on trial on charges that he raped or sexually assaulted eight women and girls in the East End two years ago.

Dunbar's first encounter with Wesley, whom she identified yesterday in court, was at about 3:45 a.m. Oct. 10, 2002. She survived it. Her second encounter came just a while later, and, that time, she not only survived but conquered.

Dunbar did not know her attacker. He wore a gray hooded sweat shirt covering much of his head, and baggy blue jeans with the cuffs rolled up. The long-barreled rifle had been pulled from his waistband and the roomy leg of his jeans.

Dunbar, who works as a security guard, was prepared for the dangerous Homewood streets. She carried her pistol in her pocket just in case.

Still, she was not quite ready in their first meeting when Wesley pulled the rifle on Murtland Avenue, where she was walking her dog, Jagger. He had been stooped behind a car and stood and raised the weapon toward her when she walked by.

"Please, don't shoot," she said.

No subsequent stories about this incident were found.

Friday, December 10, 2004

Albany, Oregon

From the Salem Statesman Journal of December 5, 2004
Teen shot after allegedly stealing items from man’s home

An Albany homeowner shot a 17-year-old boy early Saturday after the boy and another teenager apparently stole items from the man's house, police said.

The 17-year-old and two other people were accused of entering the house in the 3100 block of 27th Avenue SE and stealing several items around 1:30 a.m. before being confronted outside by the home's owner and two other occupants, according to a statement issued by Albany police Sgt. Brad Liles.

An altercation ensued, and the 22-year-old homeowner, whose identity was not released, fired two shots from a handgun. One bullet struck the 17-year-old.

The 17-year-old, whose name was not released, was treated and released from Samaritan Albany General Hospital. The boy and Paul Molina, 18, were booked into Linn County jail on several charges, including first-degree burglary and first-degree robbery.

A 16-year-old male received a curfew citation.

Thursday, December 9, 2004

Beaverton, Oregon

From Portland’s of December 9, 2004
Homeowner confronts would-be hardware thief

A homeowner took aggressive action against a burglary suspect found snooping outside their Beaverton home early this morning.

Police say the suspect was snooping through the shed in the backyard of a home in the 17000 block of NW Walker Road.

When the homeowner went to investigate the sound of tools clanking, they found a person trying to steal a paint sprayer. The homeowner then fired a few shots and the thief ran away.

Macomb, Illinois

From the Macomb Journal of December 5, 2004
Resident captures intruder

Leonard Gamage is sore today, which is understandable since he spent more than 45 minutes fighting off an intruder late Friday.

Gamage, 87, suffered some bumps and bruises in a pair of fights with the intruder, who is an unidentified 20-year man. Leonard told the Journal he does feel good about still having the ability to defend his home.

"I'm an old soldier," Gamage said. "I was in quite a few scuffles in the Army. I feel like I can still go if I have to."

Gamage said the ordeal started just after 9 p.m. He was watching television at his home, located at 1200th Road, near Macomb, when someone came to his front door. Gamage said he went to the back door since both doors face the patio.

Gamage did not recognize the young man. When he went to open the door, he said the man grabbed the screen door and forced himself inside the house.

"I asked him what he wanted and told him to get out," Gamage said.

The intruder allegedly refused to leave. That is when Gamage and the young man got into their first altercation.

"We started to scuffle right there in the kitchen," Gamage recalled. "I was able to get him outside the house and told him again to get out."

Gamage said he remembered having a pair of rifles in a gun rack inside the house. As he started in that direction, he and the man began to fight again at the back door, in the kitchen/patio area.

"I was finally able to get my hands on one of the guns and hit him in the back with the gun stock," Gamage said. "That's when he looked at me and said 'I'm going to get you."

Gamage said he was thinking that he would hate to kill the young man, but would if he were left with no choice. Gamage then fired a pair of warning shots, one at each foot, but that did not deter the intruder, according to Gamage, who was feeling weak by this point. Gamage was at the hospital a day earlier being treated for a nose bleed.

"I lost a lot of blood the day before and I was weak," Gamage added. "When he said he was still going to get me, I realized this was serious. I shot him in the left foot. It hit him in the arch and he screamed and started jumping around like a chicken with his head cut off."

Gamage said he pointed the rifle at the suspect's stomach and ordered him to freeze while Gamage made a telephone call. Instead of calling 911, Gamage called a neighbor, Tom Friday, and told him he had been attacked.

When he went back the intruder was gone. Gamage said he did not feel comfortable knowing the suspect was out there, so he went into the dark, looking for the young man.

Gamage said he spotted the suspect near the garage, next to the barn. Gamage crept up behind the man and ordered him not to move or he would kill him.

"About that time Tom pulled up," Gamage said. "I think he was shocked because I was holding the intruder at gunpoint."

Seconds later Gamage said multiple police cars, an ambulance and fire rescue units all converged on his home.
The ordeal was finally over. It was about 10:45 p.m.

Ironically, Gamage lost the very rifle that may have saved his life.

"I do not have a gun permit so they had to take my rifles," Gamage said. "The sheriff told me if I get my permit, he would see what he could do to help me get them back.

I never use them, but they have been in the family a long time."

Gamage said the sheriff and other officers told him he "did a hell of a job," defending his property.

"If nothing else I hope this prevents other intruders from breaking into someone's home," Gamage said.
From the Macomb Journal of July 21, 2005
Victim angry with plea deal

A 20-year-old Geneva man who attempted to force his way into a rural Macomb residence in December pleaded guilty to an amended charge of disorderly conduct Wednesday in McDonough County Court.

James VanderVeen of Geneva, was originally charged with felony trespass to a residence.

In a negotiated plea VanderVeen was sentenced to 12 months court supervision and fined $100 plus court costs. If VanderVeen successfully serves the year of court supervision, the misdemeanor will be wiped from his record.

The charge stems from an incident that took place at the Leonard Gamage residence.

Gamage told the Journal he is "amazed" over the terms of the plea agreement.

"I'm shocked," Gamage said. "This guy invaded my home. I am sure he would have killed me if he could. I do not believe this ended up as a misdemeanor. I've seen cases of home invasion where the guy would get 10 or 12 or 15 years in prison."


Wednesday, December 8, 2004

Medford, Massachusetts

From the Boston Globe of December 8, 2004
Gasoline station attendant wounds robber, police say

A gasoline station attendant shot a would-be robber several times last night after pulling his own gun on two men attempting to hold up the Mystic Avenue station, police said.

Both suspects fled after the attendant fired at them, police said. One of the men, whose identity was not released last night, collapsed fewer than 100 yards down the street.

He was arrested and taken to Massachusetts General Hospital with bullet wounds to his torso. His condition was not known last night. A handgun police say was used in the attempted robbery was recovered from the wounded man.

Although it was unclear late last night whether charges would be filed against the attendant, whom police did not identify, police Lieutenant Paul Covino said the Fred's Gas attendant may have been justified in shooting at the two men.

"It looked like self-defense," he said last night. The gun was registered to the attendant, who was licensed to carry a firearm, police said.

The arrest may help bring an end to a string of robberies in the area that are believed to be linked, Covino said.

Just before 9:30 p.m., two men wearing leather jackets and masks approached the attendant, who was at the cash register, police said.

One of the men waved a firearm, and the attendant responded by pulling out his own gun and firing seven or eight shots at them.

Tuesday, December 7, 2004

Anson, Maine

From Maine’s of October 26, 2004
Man admits shooting neighbor in head at his home

Gary Watland stared absently as he described the chaotic minutes early Monday before he used a .38-caliber handgun to shoot a man he hardly knew in the head. Watland, 42, talked Monday afternoon after spending about 10 hours talking to police about the shooting of Wayne S. Crowley, 32, of Anson.

Crowley died later Monday at Eastern Maine Medical Center in Bangor, a hospital spokesperson said.

Department of Public Safety spokesman Stephen McCausland said Monday afternoon no charges had been filed. Maine State Police and the Somerset County Sheriff's Department will continue to investigate the shooting, he said.

Watland wept and expressed remorse as he recounted a "nightmare" that lasted about three minutes and ended with Crowley falling on his driveway "like a sack of potatoes."

"I left three kids without a father because I was protecting my wife," he said.

Watland said he and his wife, Susan, met Crowley about a month ago at a yard sale.

Sunday evening, they met at Crowley's home, but after Crowley and his wife got into a fight, Watland said he invited Crowley over to his own home nearby. "I said he could come over here to chill out for a while," Watland said.

Around 1 a.m., however, and after about 10 beers, Crowley became profane and verbally abusive to Susan Watland, Gary Watland said. When he was told to leave, Crowley became physical, pushing Susan Watland.

Finally, Susan Watland pushed him out the front door. When Crowley tried to come back into the house, Gary Watland hit him twice in the jaw, knocking him down, according to his account. When Crowley got back on his feet, Susan Watland pushed him off the front porch, said Gary Watland.

As Crowley got up again and started walking back toward the house, Watland said he fired a warning shot into the ground from a .38-caliber handgun he had retrieved from the house. As Crowley continued to walk toward him, Watland fired one shot at Crowley's head, he said.

His wife called the ambulance after the shooting, Gary Watland said, because he was too upset.

Watland said he grew up in Caribou, but had lived for 20 years in California where he was a computer network specialist. In August, he and his wife moved into a home owned by one of her relatives on 127 acres. "We were trying to get away from the gangs and troublemakers and drive-by shootings," Gary Watland said.

Now Watland said he is waiting to hear from state police. "They told me that they would get a hold of me in a day or two. They may come by later today and arrest me. I am prepared for that."
No subsequent stories about this incident were found.

Monday, December 6, 2004

Columbus, Ohio

From Columbus‘ NBC4i of December 6, 2004
No Charges Filed Against Clerk Who Shot Suspected Robber

Man Charged With Robbery

The Franklin County Sheriff's Office announced Monday that the convenience store clerk who shot a suspected robber would not face charges.

The shooting unfolded at 7:30 a.m. Sunday inside a Sunoco gas station on Cleveland Avenue, NBC 4 reported.

Investigators said it was clear that the clerk, Karen Smith, feared for her life.

The alleged robbery and shooting were captured by the store's surveillance camera.

Detective Drew McEvoy told NBC 4's Holly Hollingsworth that the robbery suspect, Desmond Thompson, made the clerk believe he had a gun even though he didn't.

"You can see where (Thompson has) got his left hand in his pocket and he's banging on the counter, implying he's got a weapon," McEvoy said.

The second factor is easy to miss if you're not looking for it on the tape, Hollingsworth reported.

The clerk, Karen Smith, gave the robber cash. But instead of just leaving, Thompson motioned and demanded that she come out from behind the counter.

"If (Smith) wasn't in fear for her life before, with him implying a gun, she's definitely in fear for her life now," McEvoy said. "We have no idea what he's thinking."

Smith grabbed a gun from under the counter and fired once, hitting Thompson, 26, in the shoulder. She then called 911, Hollingsworth reported.

"He acted like he did (have a weapon)," Smith said. "I didn't hesitate."

"Potential robbers: The best advice I can give is don't rob a store where Mrs. Smith is working," McEvoy said.

Smith told Hollingsworth that she had never fired a gun before in her life.

Thompson was charged with one count of robbery.

Saturday, December 4, 2004

Tulsa, Oklahoma

From Tulsa’s of October 22, 2004
Tulsa Domestic Violence Call Ends With One Man Shot

Tulsa Police are investigating a late Thursday night domestic violence call.

It sent one man to the hospital with a gunshot wound to the head. Authorities received a call in the 1500 block of South Lewis Place that two men were fighting over a DVD player.

One man pulled out a knife; the other man pulled a gun, fired a shot, and hit the other man in the head.

Authorities say his wound is not-life threatening. No one has been arrested.

Tulsa Police say it appears to be a case of self-defense.
No subsequent stories about this incident were found.

Friday, December 3, 2004

Anson County, North Carolina

From the Charlotte Observer of December 3, 2004
Sheriff: No charge for wife in intruder-husband killing

Protective order issued; wife's door forced open

The Anson County Sheriff's Office will not press charges against a woman who killed her husband Wednesday after weeks of domestic violence against her.

Joy Burgess had a protective order against estranged husband Brian Gathings. Gathings had been convicted of threatening Burgess before, and jailed several times for charges of violence against her. But as with other recent domestic violence killings, none of it was enough to keep her safe.

When Gathings broke down his wife's back door with a shovel Wednesday, Burgess had reason to fear him, said Anson County Sheriff Tommy Allen. Burgess shot Gathings once in the chest, killing him.

The district attorney is still reviewing the case, but agreed charging Burgess wouldn't be appropriate, Allen said.

"There's such strong evidence of self-defense," Allen said.


Thursday, December 2, 2004

Memphis, Tennessee

From the Memphis Commercial Appeal of October 21, 2004

(Requires free registration)
Homeowner kills robber

Two involved in shooting may have had relationship, police say

A homeowner shot and killed an assailant outside a Parkway Village home Wednesday afternoon during an apparent robbery attempt, authorities said.

Police did not identify those involved but said they may have had a relationship.

"There are some indications there may be a connection between the homeowner and the assailant. ... We're trying to determine the relationship," Sgt. Vince Higgins said.

Authorities were still questioning the resident late Wednesday, and the case will be reviewed by the district attorney general to determine if the shooting was justified, Higgins said.

Officers were called at 3:07 p.m. to a robbery in progress at 3202 Clearbrook.

Police arrived to find a man shot to death beside the carport.

The resident told police the assailant and at least one other individual approached him, tried to rob him and fired shots at him.

Officers were searching for the other assailant who fled, Higgins said.

The resident told police that the robbers came to his home and threatened him. The black Cadillac the dead man rode remained parked in the driveway as police investigated.

The resident told police the assailants shot at him first, and he returned fire.

The dead man was struck several times.
No subsequent stories about this incident were found.

Wednesday, December 1, 2004

Richmond, Virginia

From the Richmond Times-Dispatch of October 14, 2004
Police: Shooting started as robbery

Police say they now believe that two men found shot in the Essex Village Apartments complex early Tuesday had attempted to rob another man at gunpoint.

But the attempted robbery victim pulled his own gun and wounded the men after a struggle, said Lt. Doug Perry, a Henrico County police spokesman.

The suspects were still hospitalized at VCU Medical Center last night and were listed in stable condition, Perry said.

Police said the man who wounded the pair is a 25-year-old Henrico resident. Police did not release his name. He was visiting his girlfriend, who lives in the apartment complex near Richmond International Raceway, when the suspects confronted him about 12:25 a.m., Perry said.

"We're going to consult with the commonwealth's attorney before we make a determination of whether it was self-defense," Perry said.

The wounded men, both in their 20s, were found together on the ground after police were called to investigate a reported shooting in the 300 block of Engleside Drive in Essex Village.

The attempted robbery victim was still at the scene when police arrived, and "presented himself as a victim of a robbery," Perry said.
No subsequent stories about this incident were found.

Tuesday, November 30, 2004

Columbus, Georgia

From the Columbus Ledger-Enquirer of November 30, 2004
Masked man flees when store owner pulls own gun

An armed robber was scared off Monday afternoon when the business owner pulled out a gun.

Columbus Police Lt. Mark Starling said the robber was wearing a hockey mask about 1:30 p.m. Monday when he walked into Yong's Grocery, 848 25th St. The man ran out of the store when the owner pulled out his on weapon, Starling said.

The robber matched the description of a man who robbed a Spectrum convenience store on 12th Avenue on Sunday afternoon, Starling said.

Monday, November 29, 2004

Omaha, Nebraska

From the Omaha World-Herald of November 29, 2004
Omaha man shoots back at intruders

A 54-year-old Omaha man exchanged gunfire Sunday with intruders at his home.

Police said they responded to a break-in at the home of Rene J. Cantu, 2925 Martha St., about 7 p.m.

Cantu told police that three people forced open a door and began shooting at him. He said he fired back and may have hit one or more of the intruders.

Cantu was shot in the right hand and was treated at the Nebraska Medical Center and released, a spokesman said.

Wilmington, North Carolina

From Wilmington‘s of November 29, 2004
Store employee kills robber

An attempted robbery has turned deadly in Lake Waccamaw.

Authorities tell News 6, an employee at Hills Supermarket on Old Highway 74/76 shot and killed a man trying to rob the store.

Police say the 911 call came in around 9:45 Sunday night, just before closing time at 10:00pm. No customers were inside the store at the time.

According to Chief Scott Hyatt, the would-be robber was rounding up three employees into the office area when one of the employees shot the man. He died at the scene.

As of early Monday morning, police were still trying to identify the robber. They say he is a black man in his late 20's or early 30's. His body has been taken to the Columbus County hospital.

Police are still investigating whether there were possible accomplices to the robbery, perhaps waiting nearby with a get-away vehicle.

At this time, no information is being released about the employee that shot the robber.

Decatur, Georgia

From the Augusta Chronicle of November 28, 2004
Woman killed, suspect shot at DeKalb motel

DECATUR, Ga. - A woman was stabbed to death and her alleged attacker was killed by a security guard at a DeKalb County motel.

Earnest Marshall, the night manager at the Super Inn Motel, said a man ran into his office around 1:30 a.m. Saturday and told him that his girlfriend was being attacked in her room. Marshall called 911, and someone also notified an armed security guard who was patrolling an apartment complex next door.

When they got to the woman's room, witnesses said the suspect came out covered in blood and lunged at the security guard with a knife.

"It was a horrific scene," Marshall said. "It was just like he wanted the man to shoot him... he wanted to die. The man just kept coming."

The guard fatally shot the man, saying he was forced to do it in self-defense. Inside the room, the woman was found stabbed to death.

"They (the police) told me pretty much I was a hero," the guard told WSB-TV in Atlanta. "I was just wishing I could have gotten here a little bit earlier."

DeKalb County police have not released any names or a possible motive for the stabbing.

The investigation is ongoing, and police have not charged the security guard with a crime.

Sunday, November 28, 2004

Charlotte, North Carolina

From Charlotte’s of November 24, 2004
Man Shoots Home Intruder

Jamie Harris woke up Tuesday morning in his southwest Charlotte apartment and realized an intruder was inside his home. He grabbed his gun and shot the intruder.

"My girl was sitting on the couch and all of a sudden I hear two booms. After the second boom, I got up and the dude was already in the house," said Harris.

Not knowing if the intruder was armed, Harris grabbed his gun, but quickly lost control of it.

"He had it to my head, but somehow I reversed it," He said.

Harris then shot the intruder in the leg. He said he had no choice. Knowing his fiancé and baby were inside the apartment, Harris said, "That's what gave me the intention to shoot."

Officials say the intruder wasn't armed. According to police statistics from January through August, there were 408 home break-ins in the area of southwest Charlotte.

The intruder was caught not far from where he was shot. Police say he was taken to the hospital and that his gunshot wound to the leg was not life threatening.

Officials say they will be filing felony breaking and entering charges against the intruder.

Saturday, November 27, 2004

Philadelphia, Pennsylvania

From the Philadelphia Inquirer of November 26, 2004
Security guard shoots, kills shoplifter in N. Phila. store

A security guard at a Walgreens Drug Store in North Philadelphia shot and killed a would-be shoplifter who pointed what appeared to be a gun at him Wednesday night, police said.

Police said the shooting occurred about 9:20 p.m. outside the store at Broad Street and Hunting Park Avenue. The man, whose name was not released, had removed some items from a shelf and was trying to leave the store without paying when the security guard confronted him.

The two men struggled, and the man pointed a replica of a handgun at the guard, according to police. The guard's name was not released. No charges have been filed and the investigation is continuing.

Indianapolis, Indiana

From the Indianapolis Star of November 23, 2004
Mars Hill home robbed during slumber party

Retaliation may have been the motive behind a home invasion early Sunday during a teenage girl's slumber party, authorities said Monday.

Three Indianapolis men are accused of breaking into a home in the 2800 block of South Roena Street in Mars Hill and robbing the residents. The teens were not injured. The robbery suspects were arrested; one had been shot several times by a bystander.

The incident started about 5 a.m. Witnesses said the three men entered the residence as the teens and adults slept. They struck some of the adults or pushed them to the floor and robbed them, then fled.

The robbery was retaliation for a prior incident, police said, but details were unclear.

Arrested on preliminary robbery charges were Franklin Thomas, 27; Ismael Ortiz, 23; and Chad Buster, 30.

Reports say Michael D. Thompkins, 23, told detectives he was walking up to the house as three men fled. He said one chased him and struck him, so he drew his 9 mm pistol and fired several times, striking the man.

All three got away, but authorities were called later after Ortiz and Buster took Thomas to Methodist Hospital, reports say. His wounds were not life-threatening.

Friday, November 26, 2004

Midvale, Utah

From the Salt Lake City Deseret News of November 21, 2004

Homeowner with gun holds 2 burglars at bay

Police say two men who attempted to burglarize a Midvale home Friday were met by the homeowner — and his shotgun.

According to Midvale police, the men broke into the home, located near 200 East and 6900 South, just before 11:30 p.m. Friday. They were then confronted by the home's owner, who held them at bay with a shotgun until police arrived, said Sgt. Ken Jarvis. No shots were fired.

Jarvis said the men began resisting orders while standing on the home's front porch, prompting police to unleash their police dog. One man was booked into the Salt Lake County Jail, while the other was taken to a local hospital for treatment of dog bites.

The men, ages 24 and 29, are being investigated for residential burglary,

Thursday, November 25, 2004

Bethlehem, Pennsylvania

From Jersey City’s of November 9, 2004
City man suffers 3 stab wounds

He scared off attackers by firing gun, police say.

A 29-year-old city man was stabbed in the back outside a city nightclub Sunday morning, but he was able to escape his attackers and scare them off by firing a gun, police said.

Arturo Robles Jr., of the 1000 block of Livingston Street, told police he was jumped by at least three men at 40 West on Broad Street. The men followed him to a friend's car and then stabbed him three times near his left shoulder blade, police said.

Robles was treated at St. Luke's Hospital Sunday morning, police said.

Robles, his wife, Candy, and two friends were at 40 West when the Robles got into an argument, according to witness statements.

Arturo Robles and his friend, Abimael Cruz, went outside the club to talk. Robles told police he bumped into a heavyset man, who then misunderstood something Robles said, according to police reports.

The men started punching and kicking Robles, who was able to get away. Cruz and Robles got to Cruz's car, parked at Broad and Guetter streets, reports say.

One of the men who followed them yelled, "Stab him," and one of other men did, police said.

Robles had two handguns under the passenger seat of Cruz's car; he was able to get one and fired three shots in the air, police said.

The three men fled toward Main Street, police said.

Robles, his wife and Cruz got into a car driven by Ileana Torres, who was with them at the club.

Nearby officers heard gunshots and responded to the scene. One officer stopped the car Torres was driving at New and Broad streets because the driver looked hysterical, records say.

After stopping the car, Torres told the officer Robles had been stabbed and also that he had a gun.

Robles has a Northampton County permit to carry firearms and fired in self defense, police said.

Tuesday, November 23, 2004

Chattanooga, Tennessee

From Chattanooga’s of November 23, 2004
Robbery Victim Kills Suspect

A robbery suspect dies from a gunshot wound after attempting to take money from a 61-year old man.

It happened last night in the 1100 block of North Hawthorne Street.

Earl McIntrye who runs a candy shop out of his home says he got jumped by four men who tried stealing his money.

That's when McIntyre reached for his handgun shooting one of the suspects, "I was there serving a boy and I got his stuff for him and went back to give it to him and he had taken it. And they said, "Get him! Get him!" So they rushed in and knocked me down."

McIntyre says the three other suspects got away.

He will not be charged with any crime.

Atlanta, Georgia

From Atlanta’s of November 21, 2004

Home Invasion Deadly To Intruder

A man and woman burst into a home and shot the occupant Sunday, but he returned fire and fatally wounded one of the intruders, police said.

The resident was hospitalized in critical condition after the home invasion on Markone Street in Northwest Atlanta.

The female intruder drove the wounded robber to a gas station, asked to use the telephone, and then fled, the gas station attendant said.

"He was foaming out of the mouth as we were pulling him out," Harold Russell said. "She just said, 'My boyfriend got shot in the chest.'"

The wounded man was taken to Grady Hospital, where he died. He was identified as Jason Warner, 21.

Police were searching for the woman Sunday night.

Saturday, November 20, 2004

Vancouver, Washington

From Portland’s (Oregon) of November 20, 2004
Police Say Homeowner Shot Suspected Burglar

Police say a deadly shooting in Vancouver early Friday morning started when a homeowner confronted a man inside his garage.

The shooting happened just before 2:00 a.m. in the 1800 block of S.E. 176th Place.

"We had a homeowner report that he heard noises in his garage," said Officer Ron Stevens with the Vancouver Police Department. "He went to investigate those noises and when he went into the garage, he was confronted by a male subject who was armed. The homeowner shot the subject and the subject died at the scene as a result of his injuries."

Police say that although the suspected burglar was armed with a handgun, the homeowner was not injured in the incident.

Friday, November 19, 2004

Shreveport, Louisiana

From Shreveport‘s of November 19, 2004
Deejay who says she shot husband in self defense is acquitted

A Caddo Parish jury has agreed with a former Shreveport deejay's assertion that she shot her husband in self defense.

Julia Austin was found not guilty late this afternoon of illegal use of a weapon.

She could have faced up to 20 years in prison if convicted.

Austin was a disc jockey at radio station 92.1 The Buzz when she shot her husband, Patrick, two years ago at their home in Shreveport.

The couple had a tempestuous marriage. Patrick Austin testified his wife shot him after he told her to move out.

Julia Austin said her husband beat her and she had to shoot him in self defense.

The Caddo District Court jury deliberated about two hours before returning its verdict.

Bel Air, Maryland

From the Baltimore Sun of November 19, 2004
Suspect arrested in attempted holdup outside Harford Mall

An attempted holdup of an armored truck ended amid gunfire yesterday afternoon outside an entrance to Harford Mall, and a suspect -- found hiding in a food court employee break room -- was arrested, Bel Air police said.

Shortly before 3 p.m., police received a 911 call reporting a gunshot near the east side food court entrance to Harford Mall. The shot had been fired by a Brinks armored carrier employee at a would-be robber outside the mall along U.S. 1, where the truck had arrived moments earlier for a pickup at a Liberty Federal Savings & Loan branch, police said.

The shot shattered an entrance door to the mall, and the fleeing suspect ran into the door and fell before recovering and running inside, police said.

During a search of the food court, after officers received a description of the suspect, a 27-year-old man hiding in the break room was arrested without incident, police said.

Wednesday, November 17, 2004

Montgomery, Alabama

From the Montgomery Advertiser of October 2, 2004
Shooter allegedly feared robbery

A man was shot early Friday morning by a man who claims he thought he was about to be robbed.

Corey Lavan Guice, 20, of Montgomery was shot in the left thigh shortly after 2:30 a.m. outside an apartment building at 101 S. Burbank St., a Montgomery police report stated. The alleged shooter, Johnnie B. Shepheard Jr., 55, who lives in the building, told police he panicked when he saw Guice and two other men coming toward his vehicle.

Shepheard fired two warning shots, the report said, and then fired three times at Guice and the other men, who were not named in the report. Two bullets struck the trio's vehicle, and the third hit Guice.

Montgomery police Lt. Huey Thornton said Guice had not filed charges against Shepheard as of late Friday afternoon.
No subsequent stories about this incident were found.

Tuesday, November 16, 2004

Kansas City, Missouri

From Kansas City’s of October 1, 2004
Police: Security Guard Shoots, Kills Man In Apartment Parking Lot

A security guard shot and killed a man in the parking lot of an apartment complex at 64th and Manchester late Thursday night, police said.

KMBC reported that security guards were towing illegally parked cars off the property at the time. Apparently one security guard was approached by the owner of one of the vehicles. The two argued and the car owner allegedly shot the guard in the arm.

The security guard returned fire, killing Russell D. Brown, 28.
No subsequent stories about this incident were found.

Aurora, Colorado

From ABC 7 in Denver, November 15, 2004:
AURORA, Colo. -- Aurora police said Monday that it is still too early in the investigation to determine what charges, if any, will be filed in a fatal weekend shooting outside a video rental store.

Police said the incident occurred at about 6:30 p.m. Saturday outside a Blockbuster store at Mississippi and Chambers streets when two men began to argue after one of their car doors dinged the other’s car door.

The wife of one of the men tried to break up the confrontation, and then all three parties became involved in a fight, according to witnesses. Police said Aaron P. Davis, 39, acquired a metal pipe type of object and hit Glen Eichstedt, 52, in the head. Eichstedt then allegedly pulled a handgun and shot Davis and his wife, Benita Coleman-Davis, 36, according to police reports.


Police are trying to determine if the shooting was done in self defense.

"We need to re-interview all the witnesses in the case and then we will turn over the findings to the District Attorney's Office," said Kathleen Walsh, Aurora police spokesman.

Eichstedt had a concealed weapons permit, according to police.
UPDATE: February 5, 2005 Rocky Mountain News reports:
ARAPAHOE COUNTY - District Attorney Carol Chambers will ask a grand jury to hear the case of a parking-lot shooting at a Blockbuster video store that killed an Aurora man and seriously injured his wife.


Police said they didn't have enough probable cause to arrest Eichstedt, co-owner of the Hoffbrau Tavern & Grill near downtown Denver, the night of the Nov. 13 shooting.

That decision brought allegations that Eichstedt wasn't arrested because he is white and the victims are black.

"Finally the mainstream law enforcement is listening to our community," Alvertis Simmons said Friday. Simmons is a black activist who had organized protests at the Hoffbrau.

"I am glad they're going to put it toward a grand jury," Simmons said. "They should come back with an indictment."

Larry Pozner, Eichstedt's attorney, said he believes otherwise. "This event is extremely tragic," he said. "But it doesn't change the nature. It is self-defense, vividly and unquestionably. I'm very comfortable with 12 citizens looking at the facts."

Eichstedt, who had a license to carry a concealed handgun, told police that Davis and his wife attacked him during a fight over a damaged car door.

Police said the three started fighting and Davis hit Eichstedt over the head with a pipe. Eichstedt then pulled out a gun and shot the couple, according to police reports.
UPDATE: From the June 10, 2005 Rocky Mountain News:
CENTENNIAL - An Arapahoe County grand jury will not recommend criminal charges against a man who shot a married couple, killing the husband, during an altercation outside an Aurora video store last November.

In a report released Thursday by Arapahoe County District Attorney Carol Chambers, the grand jurors said that Denver restaurateur Glenn Eichstedt acted in self-defense when he fatally shot postal worker Aaron P. Davis in a Blockbuster parking lot after a dispute over a dinged truck door.

The nine-page report says that while the death of Davis is "tragic," it "cannot be the basis of any criminal charges" against Eichstedt, who grand jurors said pulled out his legally licensed handgun after Davis hit him on the head with a metal bar.

At a news conference in her offices, Chambers said the grand jury reached a "no true bill" decision, which means that legal action in the case against Eichstedt is finished.

Chambers said that given the grand jury's ruling, her office will not reopen the case unless new evidence arises against Eichstedt, 52, co-owner of the Hoffbrau Tavern & Grill on Santa Fe Drive in Denver.

Although the case has sparked some racial tensions - Davis was black and Eichstedt is white - several Arapahoe County and Aurora officials said that race was not a factor in the Nov. 13 incident.

Assistant District Attorney Leslie Hansen said that while the grand jury heard conflicting testimony from witnesses, Benita Coleman-Davis testified that her husband struck the first blow.

Hansen said the grand jury considered the metal bar that Davis used a deadly weapon, which was a "significant factor" in their decision.

Eichstedt's attorney, Larry Pozner, said that the clearing of his client shouldn't be considered a victory because a life has been lost and the lives of others will be changed forever.

Coleman-Davis could not be reached Thursday to comment about the grand jury's decision.

In a written statement Eichstedt called the shooting an "indescribable tragedy" and said he acted in self-defense.

"The Davis' race had nothing to do with this incident," he wrote. "The only thought in my mind was saving my life."

Eichstedt also wrote that he suffered a permanent brain injury because of the blow to his head.

The report says the grand jury heard the testimony of seven witnesses, including Coleman-Davis, who was shot twice.

Davis, 39, and his 36-year-old wife were in their Toyota 4-Runner when they pulled into the store parking lot in the 15000 block of East Mississippi Avenue on Nov. 13.

Davis waited in the truck while his wife got out and entered a nearby restaurant to order takeout food.

Minutes later, Eichstedt and a companion, riding in Eichstedt's Ford Mustang, parked in a spot next to Davis' truck so they could eat at the same restaurant.

When Eichstedt got out of his car, he allegedly dinged Davis' truck with his door and Davis got out of his vehicle to confront him.

The two men started arguing and Coleman-Davis said that Eichstedt yelled, "I didn't damage your truck!" and "What do you want to do, little man?"

Eichstedt weighs about 235 pounds and is 6 feet, 1 inch tall. Davis weighed 166 pounds and was 5 feet, 9 inches tall.

The witnesses' accounts vary slightly about what happened next, with Coleman-Davis saying that Eichstedt leaned toward her and she pushed him away.

Other witnesses said that Eich-stedt reached over Coleman-Davis to hit her husband, who started to strike Eichstedt with what was later determined to be a bar that was eight to 10 inches long.

Witnesses testified that the couple began to beat Eichstedt, who fell to the ground. Eichstedt later said he thought the man was going to "bash his brains in," the grand jury report said.

Eichstedt pulled out the .38-caliber revolver that he told police he always carries because his bar/restaurant had been robbed before.

He fired the gun four times, with two bullets hitting Davis in the torso and the other two hitting his wife in the upper body.

Davis, a Jehovah's Witness who could not accept blood transfusions because of his religion, died from hemorrhaging.

Monday, November 15, 2004

Kingsport, Tennessee

From Bristol’s of November 15, 2004

A Kingsport man is in the hospital tonight after police say he tried to rob a man.

The incident happened at the victim`s home on Packing-House Road.

Kingsport Detective John Blessing says 20-year old Chris Smith knocked on the man`s door around 7:00 this morning and asked to use the phone.

When the man let him in, police say Smith pulled a knife on the homeowner and demanded money and pain medication.

After lunging at the man, Blessing says the homeowner shot Smith in the stomach.

Smith is in fair condition and all charges in the case are pending.

The homeowner`s name has not been released.

Sunday, November 14, 2004

Raleigh, North Carolina

From the Raleigh News-Observer of November 14, 2004
Store owner returns fire, foils robbery

Robbers are finding out that one North Raleigh jewelry store just isn't worth targeting, unless they're willing to risk being shot at for their trouble.

Police are crediting Larry Dickerson, owner of Walls Jewelers, with foiling on Saturday yet another attempt to rob his store.

Raleigh Police Lt. Hil Miller said two men walked into Walls Jewelers at 2923-A Brentwood Road at 1:23 p.m. Dickerson said he saw them acting suspiciously, with their hands in their pockets, so he slipped a pistol into his own pocket.

One of the men pulled out a gun.

"When he wheeled around, I hit the floor," Dickerson said. "He fired three shots at me."

Dickerson, a retired Raleigh police officer who never fired a shot in more than 20 years of duty, said he returned fire. He said he wouldn't have fired if there had been customers in the store.

No one was injured in the exchange. But the two suspects ran outside, heading north on Brentwood Road, and have not been apprehended. Neighbors heard a car drive away.

"You have to have a gun," Dickerson said. "If I didn't have it, I'd be dead."

Police have only a vague description of the two men.

A similar incident happened at the store in 1991 when Dickerson stepped out of the bathroom to find a teenager holding a shotgun on his former partner and two customers. Dickerson lunged under the counter and pulled out a shotgun, causing the teen to flee.

Friday, November 12, 2004

Shawnee, Oklahoma

From Oklahoma City’s of September 25, 2004
Woman dead after domestic dispute

A 23-year old Shawnee woman is dead and her husband is recovering from a gunshot wound after a domestic disturbance.

Pottawatomie County Sheriff Kurt Shirey says Stephanie Ray Mosier was found dead with a single gunshot wound to the chest late Thursday night.

Her husband -- Todd Dwain Mosier -- was treated for a gunshot wound to the hand and released.

Todd Mosier told officers he returned fire after his wife shot him in the hand.

Sheriff's officials say no arrest has been made.
No subsequent stories about this incident were found.

Thursday, November 11, 2004

Bradford County, New York

From Elmira’s of November 11, 2004
Corning Man Shot During Burglary

A Corning man is in critical condition after police say he was shot while burglarizing a home in Bradford County. State Police in Towanda say the burglary took place early Wednesday morning at the home of 39 year old Howard Young of Windham Township.

Police say 25-year old Chad Patterson entered the home on the State Line Road around 2:20 a.m., took some items and was confronted by Young. Young then shot Patterson while he was still inside the house and Patterson fled the scene. It appears Patterson then went to Corning. Police, searching a house at 117 W. Second Street in Corning told 18 News they were searching the home for items that may have been taken from a burglary in Bradford County.

Elmira police say a man with a gunshot wound to the back was flown by helicopter early this morning from Corning to the Arnot Ogden Medical Center. Hospital officials say Patterson is being treated there and is in critical condition.

Wednesday, November 10, 2004

Syracuse, New York

From Syracuse‘s of November 10, 2004
Robbery Suspect Shot

Syracuse Police are investigating a robbery attempt and shooting at the Mobil Service Station at the corner of Velasko Road and West Onondaga Street.

It happened at the Mobil station in Western Lights around 4am Wednesday morning. Syracuse Police report that 40-year-old Elwood Powell was let into the station and after walking around he tried to attack the owner, 51-year-old Steven Brown. Police say Brown pulled out a semi-automatic shotgun and shot Powell in the leg. Brown then locked himself in the office. Powell tried to take cash from the register, but could not. When police arrived they found Powell lying next to the ice cream freezer in a pool of blood.

Powell was taken to the hospital for treatment of his wounds. He has been charged with robbery. No charges were filed against Brown

Tuesday, November 9, 2004

Houston, Texas

From Houston‘s of September 20, 2004
Security Guard Shoots Man At Shopping Center

Man Shot In Stomach

A security guard shot a man outside a River Oaks-area shopping center Monday afternoon, Local 2 reported.

Investigators said a man pulled into the parking lot next to the Black Eyed Pea in the River Oaks Shopping Center, 2074 W. Gray at Shepherd, at 3:50 p.m.

He then began urinating on the side of the parking lot, witnesses said. When a female security guard confronted the man, a fight ensued. Police said the man began to assault her and possibly reached for her weapon.

The guard opened fire, shooting the man once in the stomach. He is expected to survive, officials said.

The guard received minor injuries. She was treated at the scene.

Police have not yet decided if charges will be filed.
No subsequent stories about this incident were found.

Monday, November 8, 2004

Charlotte, North Carolina

From Charlotte‘s of September 19, 2004
Police investigate Food Lion shooting

An investigation was under way Sunday to see if charges would be filed against a security guard involved in a shooting outside a Food Lion store.

The incident happened at the Mallard Pointe shopping center on North Tryon Friday night.

Police said a man inside the store got into a verbal and physical altercation with the security guard.

The security guard asked the man to leave the store.

Witnesses said that once outside, the argument continued between the two.

Police said the suspect was about to attack the guard, when he was shot.

That man is expected to fully recover.
No subsequent stories about this incident were found.

Saturday, November 6, 2004

Fort Worth, Texas

From Dallas’ of September 17, 2004
Police: Man Threatens Another With Fireplace Poker, Fatally Shot

Police are searching for clues in a deadly shooting late Thursday night on Fort Worth's north side.

The shooting happened after a heated argument at a car lot on Northwest 17th at Long Ave, NBC 5 reported.

A man waving a fireplace poker threatened another man, who shot him, police said.

Detectives said they believe the man shot the victim in self-defense.
.No subsequent stories about this incident were found.

Friday, November 5, 2004

Pensacola, Florida

From WKMQ TV, November 4, 2004:
PENSACOLA, Fla. -- An elderly man defending his hurricane-damaged home fatally shot an intruder as the two scuffled, Escambia County sheriff's deputies say.

Retired oil industry worker James Workman, 77, and his wife, Kathryn, have been living in a trailer outside their home since it was damaged by Hurricane Ivan on Sept. 16.

Deputies said the intruder, whose identity was being withheld Thursday pending positive identification and notification of relatives, entered the couple's yard about 2:20 a.m. Wednesday.

Workman told investigators he confronted the man and when he refused to leave tried to warn him away by firing a shot from his .38-caliber handgun into the ground.

The intruder then entered the trailer, where Workman's wife was. Workman told deputies he went in after the man who grabbed him and then he shot the intruder as they struggled.


The shooting in a hard-hit area just west of Pensacola occurred about 100 [yards?] from an unrelated situation Oct. 8, when a neighbor fired a .22-caliber rifle to fend off a growling, machete-wielding man later subdued by deputies with a bean bag projectile and Taser.

Thursday, November 4, 2004

Eliot, Maine

From Portland’s Press-Herald of November 4, 2004
Eliot man shoots neighbor who broke in

An Eliot man shot and seriously wounded his neighbor early Wednesday after the neighbor broke through his door and followed him into a bedroom where he kept a handgun, police said. The two men did not know each other well, and police say they don't know why the neighbor, Mark Murphy, broke into the home of David Oeser on Goodwin Road.

Less than 24 hours earlier, Murphy had been arrested and given a psychiatric evaluation after allegedly "going berserk" and attacking a man sitting at a nearby table in a Kittery diner, according to police and witnesses.

Murphy, 39, underwent surgery after being shot in the chest and was in intensive care Wednesday at Beth Israel Deaconess Medical Center in Boston. State police were investigating the shooting, and no charges had been filed.

Oeser, 54, was the only one at home about 1:30 a.m., when the incident occurred, police said. Oeser spoke briefly to a reporter from inside his home Wednesday afternoon and said he was shaken by the incident.

"It was a home invasion, I can tell you that," Oeser said Wednesday. "Emotionally, I'm bothered by it," he said, "but physically I'm OK."

Oeser repeated part of what he had told police: An agitated man he did not recognize woke him up by pounding on his door, then broke through the closed door and followed him into a bedroom. Oeser shot him with a .308 semiautomatic handgun and then called police.

Murphy, who is described as about 6 feet 2 inches tall and 330 pounds, was still conscious and verbally combative when officers arrived, despite what was clearly a life-threatening injury, police said.


Wednesday, November 3, 2004

Henderson, Nevada

From the Las Vegas Review-Journal of November 3, 2004
Man shot, killed after 911 call

A 44-year-old man was shot and killed Monday night after police received a 911 call stating he was trying to break into a home where his wife was staying.

The wife of the slain man had called police about 8 p.m. Monday, claiming her husband had battered her, according to Henderson police.

The woman and a male friend then left the Las Vegas home and went to another friend's home near Warms Springs Road and Green Valley Parkway, police said.

The woman's husband showed up at the home about 10:30 p.m., and she called 911 about the same time to report he was trying to break into the home, Rasmussen said.

The woman's male friend shot the husband when he entered the home, Rasmussen said.

Jackson, Mississippi

From the Jackson Clarion-Ledger of November 3, 2004
Alleged robber shot by Jackson store clerk; no charges filed

Jackson police are investigating the Tuesday night death of a man who was shot by a clerk after he reportedly tried to rob a Raymond Road convenience store, officials said.

Roosevelt Beale, 36, of Camilla Drive in Jackson, died of gunshot wounds to the groin and leg about 9 p.m., said Jackson Police Department spokesman Robert Graham.

Beale allegedly entered the BP service station, 2010 Raymond Road, Tuesday night, displayed a knife and told the employees he was there to rob the business, Graham said.

"He tried to force a clerk to the back of the store, but a struggle ensued," Graham said.

The clerk, Christian Corley, 22, of Jackson broke free and grabbed a gun that was located behind the store's counter, Graham said.

"Another struggle ensued and they both wound up going out the front door," Graham said. "Beale reportedly still had a knife in his hand and lunged at Corley. Corley then shot him twice."

Police responded and found Beale's body lying in an adjacent parking lot, Graham said. Hinds County Coroner Sharon Grisham-Stewart said she pronounced Beale dead at Central Mississippi Medical Center at 9:21 p.m.

No charges have been filed in the case, Graham said.

"At this point, detectives are leaning toward ruling this case a justifiable homicide," Graham said. "They plan to present this case to a Hinds County grand jury, where either an indictment will be issued or it won't be issued."

Monday, November 1, 2004

Fairfax, Virginia

From Washington’s of October 27, 2004
Suspect Picks Wrong Fairfax House To Rob

There's a young burglary suspect who no doubt wishes he'd picked another house. That's because Fairfax County police say the one they found him in is owned by a guy with a gun.

Investigators say shortly before 2 a.m., the homeowner heard some noises in his house in the 3900 block of Collis Oak Court, in the Fair Oaks neighborhood. The man grabbed his gun and went to take a look.

According to police, he found a 17-year-old wearing a ski mask and gloves. Turning the tables on the teen, the homeowner ordered him to call police, which he did. Officers arrived and took him into custody. The suspect was later released to his parents, and charges are pending.

No shots were fired and no one was hurt.