Saturday, December 31, 2005

State of Ohio

An interesting article recapping the first 18 months of Ohio's Concealed Handgun Law, including a partial listing of Gun Self-Defense incidents, appears at the Buckeye Firearms Association website.
Kansas City, Missouri

From the Kansas City Star of December 31, 2005
Slaying of intruder raises KC toll to 127

A 50-year-old Kansas City man died Friday when he was shot after returning to the house of a woman who had a full order of protection against him.

Police said the shooter apparently acted in self-defense after the man forced his way into a house in the 11300 block of Orchard Road in south Kansas City and threatened several residents.

According to police, the man entered the home about 9:30 p.m. Thursday and threatened residents with a knife. One of the residents began struggling with the man, and a second resident shot the intruder in the leg.

The intruder was taken to a hospital, where he died Friday morning. His identity was not released Friday. The Jackson County prosecutor’s office will review the case to see if any charges should be filed.

The slaying marked the 127th homicide in Kansas City this year, compared with 90 at the same time last year.

Police said that one of the residents had obtained a Jackson County Circuit Court order of protection against the man who was shot.

Court records show that in March, a woman living at the house filed a request for a protection order, alleging that a man she identified as her spouse had “repeatedly” struck her in the face with an open hand and threatened her. She wrote in the request that the man “is taking his paranoia out on me.”

He was served with the order, removed from the residence on Orchard and ordered to have no contact with the woman, according to the court documents.

But the next day he allegedly made a phone call to her from the Orchard address and told her “you better not come around here.” Police were summoned, and officers found him hiding in the attic.
Columbus, Ohio

From Columbus’ 10TV.com of December 30, 2005
Intruder Shot to Death

A woman fires at an intruder in her home. A half a mile away, a teenager dies from a gun shot. Police now say the dead teenager was the intruder.

The young man was 19 year old Kahlief Tye who was out on bond, awaiting trial for another aggravated robbery just a few blocks away.

This time, Tye broke into a home and found a woman with a gun.

The intruders simply broke the glass on the side door of this Perdue Avenue home and let themselves in. When they confronted the woman living there, she shot at Kahlief Tye.

They fled through back yards and Tye made it about three fourths of a mile to an apartment building owned by Clinton Crankfield Junior.

Tye was still able to talk, and he asked Crankfield to call his mother. But when Crankfield saw all the blood, he called 911 instead.

Kahlief Tye lived right around the corner with his mother and after he died she went to see Clinton Crankfield.

As soon as Crankfield told her that her son asked him to call his mother, she started to cry. Kahleif is her second son killed by gunfire. 2 years ago, Kahlief's 19 year old brother, A Mifflin student, was shot to death in a house in Huntington, West Virginia.

Tye was taken to the hospital where he died. His bloodstained jacket was still lying on Mr. Crankfield's floor. The homeowner who fired the gun was brought there and identified it as the intruder's.

Friday, December 30, 2005

Kansas City, Missouri

From TheKansasCityChannel.com of December 30, 2005
Clerk Pulls Gun, Foils Would-Be Robber

A clerk at the Fast Stop convenience store at 75th Street and Holmes Road pulled a fast one on a would-be robber Friday afternoon.

Police said the clerk thought a man who walked into the store about 4:30 p.m. looked suspicious. The clerk pulled out a gun about the same time as the man. Investigators said the pair exchanged shots, but that no one was hurt.

The man fled the store. No arrests have been made.
College Park, Georgia

From Atlanta’s WSBtv.com of December 30, 2005
Robbery Attempt Foiled When Victim Shoots Suspect

A potential robbery plot turned deadly when the robbery victim pulled a gun on the two robbery suspects.

College Park police say a man was invited to the Biscayne Apartments on Old National Highway in College Park by two women. When the man arrived at the apartment, two men burst into the apartment and demanded money, jewelry and clothing from the man. The man refused and that is when the robbery suspects attacked him. The man pulled out a gun and shot one of the robbers--who died at the scene. The other suspect escaped on foot.

Police are still investigating.
New Albany, Indiana

From Evansville’s 14WFIE.com of December 30, 2005
IN McDonald's Employee Shoots At Robber

An employee of a New Albany McDonald's has been suspended from his job for shooting at a woman who was robbing the place.

Police say Clifton Brown Junior violated no laws last week when he shot at the woman who stuck up another employee outside the restaurant, then robbed the drive-up window.

Brown told police that he pulled his gun out and ordered the fleeing robber to stop. She then raised her own gun and he fired two shots, which apparently missed. The woman escaped on foot.

Brown has a permit to carry the handgun, but the restaurant owner says he considers Brown's actions inappropriate. He's suspended Brown until the shooting is reviewed.

Brown couldn't be reached for comment.
Wichita, Kansas

From Topeka’s WIBW.com of December 28, 2005
No Charges Expected Against Teen in Salina Woman's Death

Authorities in Wichita call the death of a 41-year-old Salina woman "justifiable homicide.''

Elizabeth White was shot near the heart Tuesday by a pellet gun fired by her 14-year-old son. Police say White had started a violent argument with her parents, and the boy fired to defend his 73-year-old grandfather.

White drove away after being shot and crashed her car a few blocks away.

Wichita police say the 14-year-old and his brother had been living with their maternal grandparents in the city. The fight broke out sometime after White arrived yesterday from Salina.

No charges are expected to be filed against White's son.

Thursday, December 29, 2005

Portsmouth, New Hampshire

From Manchester’s TheWMURchannel.com of December 29, 2005
Store Clerk Says He'll Continue To Carry Gun

Clerk Fired From Previous Job After Pulling Gun On Thief

A store clerk fired for bringing a gun to work has a new job at another store.

Bruce Soiett said that he always brings his .45-caliber handgun to work. He used to work at a Cumberland Farms in Greenland, and on Dec. 7, the store was robbed at gunpoint. When the thief ran, Soiett followed him.

"I yelled at him to stop, and he turned with the gun," Soiett said. "I fired two quick shots because I thought he was going to shoot at me."

No one was hit, and the robber was never caught. Soiett lost his job because Cumberland Farms has a no-weapon policy. The owner of the Exit 3 Travel Stop in Portsmouth was happy to hire him.

"We feel more comfortable having people who can stand up for themselves," store owner Bharat Batel said.

Greenland Police Chief Mike Maloney said that while Soiett has every right to pack heat at work, he has some concerns.

"The clerk might get killed over $200," Maloney said. "I find, in my opinion, it's just best to let us do our jobs."

Soiett said that as long as he has a job at a convenience store, his gun will be loaded, just in case.

"If you come in and rob from me, you may get more than your money," he said.
Tuscaloosa, Alabama

From WSFA channel 6:
TUSCALOOSA, Ala. -- One man is dead and another is in police custody today after an attempted robbery at a Tuscaloosa gas station.
Surveillance video shows the two men entering the Raceway on McFarland Boulevard wearing ski masks around 2:45 Thursday morning.

The store owner says one of them, a 19-year-old man, put a gun to his head and demanded money.

That's when the owner says he grabbed his own gun and started shooting, killing the 19-year-old.

The owner then pointed his gun at 22-year-old Jamie Marcus Witherspoon and told him to get on the ground where he held him until police arrived.

Lieutenant Lloyd Baker with the Tuscaloosa Homicide unit says the owner is not being charged with any crime because it was a case of self-defense.
Also at December 29, 2005 Columbus Ledger-Enquirer:
TUSCALOOSA, Ala. - A gas station clerk shot and killed a robbery suspect early Thursday and held a second man until Tuscaloosa police arrived.

Lt. Loyd Baker, commander of the Tuscaloosa County Metro Homicide Unit, said the shooting occurred about 2:15 a.m. at the Raceway station on McFarland Boulevard.

Eric Dewayne Baggett, 19, was killed. An alleged accomplice, Jaime Marcus Witherspoon, 22, of Moundville, was charged with first-degree robbery and held at the Tuscaloosa County Jail on $20,000 bail.

Baker said Witherspoon and Baggett, wearing a ski mask, allegedly demanded money as the two entered the store, Baker said.

Baker said the 29-year-old clerk, who was counting cash when the two suspects entered, grabbed his own handgun fired at the masked gunman.

"When the suspect points his pistol at clerk, the clerk shoots and kills one of the suspects," Baker said.
UPDATE: From January 17, 2006 channel 13:
TUSCALOOSA, Ala. -- A grand jury has cleared a Tuscaloosa convenience store manager who shot and killed a would-be robber.

The panel found that the manager, who was working as a clerk at the time, acted in self-defense when he shot 19-year-old Eric Dewayne Baggett on December 29 at the Raceway station on McFarland Boulevard.

The report also notes that the clerk did not kill alleged accomplice Jaime Marcus Witherspoon of Moundville, but rather held him at gunpoint until police arrived. The 22-year-old Witherspoon was arrested at the scene. He is charged with first-degree robbery and remains at the Tuscaloosa County Jail on $20,000 bail Monday.
Raleigh, North Carolina

From Raleigh’s NBC17.com of December 29, 2005
Would-Be Robbery Victim Fights Back

Two suspected robbers got more than they bargained for Wednesday night when their intended victim fought back and wounded one of them, police said.

Damian Powell was headed to an apartment on Farrington Drive, off Six Forks Road in north Raleigh, at about 8 p.m. Wednesday when two teens approached him, police said. One of the teens flashed a gun, and they demanded money, police said.

Powell wasn't about to become a victim. He knocked the gun out of the teen's hand and ran to his car to get his own gun, police said.

He and the would-be robbers then exchanged gunfire in the apartment complex parking lot, and Powell apparently wounded one of them as they fled, police said.

"I was talking on the phone, and I heard gunshots," witness Raffaela Kinsley said. "The person I was talking to heard it as well."

Cesar Solorzano appeared at the emergency room of Duke Health Raleigh Hospital a short time later with a gunshot wound to the shoulder, police said.

Solorzano and Antoine Sanders, both 18, were later charged with attempted robbery with a dangerous weapon, police said.

Powell had a permit for the gun in his car, police said.
Pompano Beach, Florida

From the Miami Herald of December 29, 2005
BSO: Dead Pompano man fired the first shots in gunfight

A man who died in a fatal shooting Wednesday night was involved in a gunfight and fired the first shots, according to the Broward Sheriff's Office.

Randolph Canion, 50, was shot and killed in front of his home at 710 NW 19th Avenue in Pompano Beach at 6:36 p.m. Wednesday, BSO said.

Detectives have determined that the shooting stemmed from a long-running neighborhood feud that surfaced several weeks ago when two children got into a fight on a school bus.

At about 6:30 p.m. Wednesday, the dead man's son, Randolph Canion, Jr., 30, got involved in a verbal dispute with several men standing at the corner of NW 19th Avenue and 7th Street, BSO said.

Standing about 50 feet apart, Randolph Jr. and the other men shouted angrily at each other. According to witnesses, Randolph Sr. came out of his yard, carrying a handgun, and opened fire, shooting several times at the men arguing with his son, but hitting no one, according to the sheriff's office.

Two of the men on the corner, Jonathan ''Kooda'' Smith, 24, and Ricky McKinnis, 28, drew their own handguns, BSO said. McKinnis and Smith both fired. Randolph Canion, Sr. was hit twice and died, BSO said.

Both Smith and McKinnis have valid Florida concealed firearm permits. Smith ran to a nearby house, dialed 911 and said he had been involved in a shooting, directing deputies to his location where he turned over his weapon and surrendered, BSO said.

McKinnis also remained on scene and surrendered. Both men gave statements to homicide detectives and were released, BSO said.

The investigation is continuing. Upon completion, the case will be forwarded to the State Attorney's Office to determine whether any charges should be filed.
MacClenny, Florida

From Jacksonville’s FirstCoastNews.com of December 29, 2005
Man Shoots Suspect in Home Invasion

Police say a suspect was shot early Thursday morning by a man who was protecting his home and his pregnant wife.

Police are calling it a home invasion robbery.

A 17-year-old boy is in police custody, while his brother is in the hospital in critical condition.

The two men allegedly parked their vehicle a few hundred yards from a home near a row of trees in MacClenny. They turned off the electricity to the home and unplugged the phone connection.

Police say the suspects then walked up to the home and stole an anchor that was inside of a boat in a shed. They say the pair then used it to break the glass door in the back of the home.

According to a police report, the owner of the home heard a noise and grabbed his gun from inside the house. Police say he stayed upstairs in the bedroom with his wife who is pregnant.

The suspect then allegedly walked up the stairs to the bedroom with a flashlight and opened the bedroom door. That's when, police say, the victim fired his gun and shot the suspect.

Officers arrived on the scene as the 17-year old was running to his vehicle. He is now in police custody.

Police are investigating whether the suspect ever fired his gun inside the home. He is in critical condition at Shands Jacksonville.
From Jacksonville’s News4Jax.com of January 4, 2006
Baker County Man Shot During Home Invasion Dies

The Macclenny man shot by a homeowner during what Baker County authorities said was a home invasion robbery last week has died.

Richard Munoz, 23, was shot early Thursday morning as he entered the homeowners' bedroom, Sheriff Joey Dobson said. Munoz died three days later at Shands-Jacksonville Medical Center.

According to Dobson, Munoz had a gun, loaded and cocked, when he was shot.

Munoz' 17-year-old brother, who was arrested while running away from the same house, remains jailed on charges of home invasion, burglary and aggravated assault. The state attorney's office could charge him as an adult.

According to the police report, the younger brother told investigators: "Me and Richard were just riding around and Richard told me he wanted to go break into somebody's home."
Hardeman County, Tennessee

From the Jackson Sun of December 29, 2005
Officials probe death of burglary suspect

A Hardeman County shooting that left a suspected burglar dead on the morning of Christmas Eve is still under investigation, according to Hardeman County Sheriff Delphus Hicks.

Ricky Cossar, 42, of Hardeman County, allegedly broke into a home in the 200 block of Brint Chapel Road, near Middleton, through the front door. After Cossar entered the house, he was shot by the homeowner, Gene Doles, 36, according to the Sheriff's Department. Doles' wife also was at home at the time of the shooting.

Hicks said that Doles is not in custody and that after the investigation is completed, it will be up to the district attorney general to decide whether charges should be filed.

The sheriff's office received a call about the shooting around 2 a.m. Christmas Eve, and deputies arrived on the scene shortly after. Cossar was rushed to Bolivar General Hospital, where he was pronounced dead.
UPDATE: This is a little less clear-cut of a case than the first press accounts suggests. From the January 11, 2006 Jackson Sun:
A fatal shooting case involving a Hardeman County woman was bound over to grand jury Tuesday, according to Sheriff Delphus Hicks.

Rebecca Doles, of Hardeman County, is facing a felony charge of tampering with or fabricating evidence concerning the shooting death of Ricky Cossar, 42, of Hardeman County. Doles remains in Hardeman County Jail on a $20,000 bond. She is scheduled to appear in court next on Feb. 7.

...

Hicks would not elaborate on how Rebecca Doles allegedly tampered with evidence or on the type of gun that Gene Doles used. He did say, however, that Gene Doles has not been charged with anything and that after his department's investigation, it will be up to the district attorney general to decide whether charges should be filed against him.
Charges were dropped according to this February 9, 2006 Jackson Sun article:
A Hardeman County woman accused of tampering with evidence in a man's shooting death has been released from jail after charges against her were dropped Tuesday.

Assistant District Attorney Joe Van Dyke told those present in Hardeman County General Sessions Court on Tuesday that the state did not have enough proof to go ahead with the charges against Rebecca Doles, according to her attorney, Steve Farese Jr., of Mississippi.

"At that time I made a motion for charges to be dismissed due to failure to prosecute," Farese said in a phone interview Wednesday.
"The judge granted the motion."

But Farese said it is possible that the district attorney's office could choose to re-file charges against Doles by presenting the case to the grand jury at a later date.
A private investigator who is familiar with the facts and some of the participants in this case tells me that this case may not be as clean as first appeared.

From a Report from the Hardeman County Sheriff’s Office, created by Chief Investigator Trent Wilhelm, dated August 28, 2006
This report concludes with:

Initial survey of the scene revealed an SKS rifle leaning against a table in the kitchen just outside the master bedroom door. One SKS shell casing On the floor near the butt of the rifle and one SKS shell casing on the floor just inside the main bedroom, A search of the scene revealed a live SKS round on the floor slightly under the chair just inside the main bedroom and another SKS shell casing in the bedroom at the other end of the trailer near the front door. The autopsy report revealed that Ricky had in fact been shot three times instead of two, and subsequent interviews of Rebecca and Gene revealed that they had tampered with evidence by moving the rifle and two shell casings to the master bedroom from the bedroom at the other end of the trailer where Gene had actually fired the rifle. These findings led Special Agent Steve Stanley with West TN Violent Crimes & drug Task Force to determine whether he could reach the inside knob of the front door from the window above and he found that he could not. Ricky was not as tall as Agent Stanley and had shorter arms. This finding has led me to believe, in my professional opinion, that Ricky did not break into the home of Rebecca and Gene and that the homicide may not have been in self-defense. The case is still under investigation.
Milwaukee, Wisconsin

From the Milwaukee Journal-Sentinel of December 27, 2005
Police treating shooting at club as self-defense
(Scroll down)

A shooting that left one man dead and another critically injured in a bar early Saturday is being treated as a self-defense case, police spokeswoman Anne E. Schwartz said Tuesday.

LaCharles Hester, 27, was killed and another man, 23, who was not identified, was wounded in the chest by a bartender at Club Lush, 2529 N. Hopkins St., Schwartz said. The case has been referred to the Milwaukee County district attorney's office as justified but it will be up to prosecutors to rule on whether charges will be filed in the case, she said.

The bar owner was trying to clear the bar when Hester pulled out a gun, fired into the ceiling and pointed the gun at the bartender and other people in the bar, Schwartz said. The bartender, 36, who was not identified, drew a gun from his holster and shot Hester in the back of the head, she said.

The 23-year-old man then tried to take the gun away from the bartender and it fired, hitting the 23-year-old in the chest, Schwartz said.

Wednesday, December 28, 2005

Toledo, Ohio

From Toledo’s WTVG of December 28, 2005
Robber Caught on Surveillance Video

Gas station clerk shoots at man who tried to grab the cash out of the register.

We have exclusive surveillance video of a north Toledo gas station clerk shooting at a man who snatched money from the cash register.

As the crook tried to get away, the clerk fired one shot. The bullet shattered the front door.

It all went down at a Citgo on East Manhattan Street. Police say the thief walked in and picked up a piece of candy. He told the clerk he was buying it for his girl.

As the clerk counted the change and attempted to put it in the register, the crook tried to grab the cash and run. That's when the clerk grabbed a handgun and pulled the trigger.

Store manager Edward Eid says his employee missed and no one got hurt. "He tried to scare him to stop, but this guy here kept running outside." Detectives believe the suspect ran down Harvey Street when he left the store.
Columbus, Ohio

From Columbus’ NBC4i.com of December 28, 2005
Police Determining Whether Break-In, Man's Death Connected

Woman Says She Shot At Man Trying To Break Into Home

Columbus police and Franklin County sheriff's deputies were working to determine whether a home invasion and a fatal shooting on Tuesday night were connected.

A woman said she shot at a man who was trying to break into her Perdue Avenue home, NBC 4 reported.

According to police, a short time later a man was found shot a few blocks away from the east Columbus home. He was taken to a hospital, where he later died.

Investigators were trying to figure out if the man who died was related to the break-in at the woman's home.
Arapahoe County, Colorado

From the Rocky Mountain News of December 28, 2005
Homeowner fires gun, scares off intruder

Deputies arrested a suspected burglar early this morning after he fled from a homeowner who fired a gun.

Deputies received a report of burglary in the 16400 block of East Maplewood Drive at 4:32 a.m., said Capt. Brice Moomaw of the Arapahoe County Sheriff's Office.

The male homeowner woke up, went downstairs and confronted a burglar. As he called 911, the suspect ran outside. The homeowner followed him, firing a gun into the ground, Moomaw said.

The suspect then ran about three blocks to a nearby field where deputies arrested him. There were no reported injuries.

The suspect's name has not been released.

Tuesday, December 27, 2005

Dallas, Texas

From the Dallas Morning News of December 27, 2005
Dallas store clerk shoots robbery suspect

A convenience store clerk shot a man who was trying to rob the store Tuesday afternoon in Old East Dallas.

About 1:45 p.m., two men entered a Shell convenience store off Interstate 30 near Winslow Avenue and began to act suspiciously, police said.

When the clerk saw one man reach for gun near his belt, the clerk shot him in the chest.

The man was hospitalized in critical condition, and the other suspect fled.
Seven Points, Texas

From the Tyler Morning Telegraph of December 27, 2005
ALLEGED THIEF SHOT DURING ROBBERY

A homeowner found two men in the garage of his Seven Points home early Tuesday morning and shot one in the chest, Henderson County Sheriff Lt. Pat McWilliams said.

The second man in the garage fled, he said.

The shooting victim was taken to a Tyler hospital. As of Tuesday afternoon, he had not been identified, McWilliams said.

The men entered the garage in the Arnold Hills subdivision about 5 a.m. The victim was shot when he lunged at the homeowner who was holding the two men at gunpoint, McWilliams said.

The homeowner's wife called 911, McWilliams said.

Henderson County Sheriff's Office and a Texas Ranger are investigating.
Collinsville, Alabama

From the Ft. Payne Times-Journal of December 27, 2005
Brother Kills Brother

Authorities say it’s unlikely charges will be filed in relation to an early-morning shootout Friday that left a Collinsville man dead and his brother and sister-in-law injured.

DeKalb County District Attorney Mike O’Dell will review the incident.

DeKalb County Sheriff Cecil Reed said it appears Gary Kenneth Craig was shot and killed in self-defense. The man responsible for killing him is his brother, James Earl Craig, 61, Reed said.

Both James Earl Craig and his wife, Shelia Diane Craig, 52, were taken to DeKalb-Baptist Medical Center on Friday. She was treated and released, while her husband was admitted for surgery. He remains in the hospital. Both are expected to recover.

DeKalb County Chief Deputy Mike James said the Craig brothers lived next door to one another on DeKalb County Road 1942 in Collinsville. James said witnesses reported that Gary Craig had been drinking throughout the night Thursday and into the early hours of Friday morning. James said Gary Craig came next door to his brothers to get help starting his truck. He said the brothers attempted to start the truck but were unable to do so. The brothers went back inside, at which point Gary Craig apparently began cursing at and insulting his sister-in-law, at which point his brother asked him to leave.

At that point, around 6:40 a.m. on Friday, James said Gary Craig returned to his truck, got a Ruger .22 rifle, walked toward the front door of his brother’s trailer and began firing. James said Gary fired at least two shots through the front door, striking and wounding both his brother and sister-in-law.

As Gary stepped onto the porch, his brother armed himself with his own .22 rifle and, as Gary attempted to enter the trailer, the shootout began in earnest. Mike James said, “many shots were fired.”

Once the dust settled, Gary Kenneth Craig, having been shot at least twice, lay dead on the porch, according to sheriff’s investigator Rhonda Jackson.

She said Shelia Craig was shot twice, once in the arm and once in the chest, and James Craig was shot five times. Despite being injured, the couple managed to drive to the Collinsville Police Department to report the shooting, because they did not have a phone they could use to call for help.

Reed said Gary Craig’s body has been sent to the Department of Forensic Science for an autopsy. He said the sheriff’s department is handling the matter as a “death investigation” and said it’s “very unlikely” any charges would be brought against James Earl Craig.

“It looks like a clear cut case of self-defense,” Reed said.
Marlow, Oklahoma

From Tulsa‘s KOTV.com of December 27, 2005
Duncan Man Shot In Face By Estranged Wife's Teen Son

Authorities say a teenager shot his mother's estranged husband in the face when the Duncan man showed up at their home near Marlow.

Stephens County Assistant District Attorney Dennis Gay says the woman had been granted a protective order against the shooting victim, whose name wasn't released yesterday.

Gay said police weren't sure what led the 15-year-old boy to believe his mother was in danger but he told police he fired on the man to protect her.

The man was flown by helicopter to Integris Baptist Medical Center and then taken to OU Medical Center in serious condition Monday night.

Officials at the Stephens County Sheriff's Department and Marlow police refused to answer questions about the incident.
Spokane, Washington

From Spokane’s KXLY.com of December 27, 2005
Suspect Killed in Failed Robbery Attempt

Kootenai County sherriff's deputies were called to Lew's Smoke Shop at 6891 W. Seltice Way inside the Stateline Village Shopping Center at approximately 10-minutes before 8:00pm Monday. Tha'ts [sic] when the store clerk called to report that he had shot an attempted robber. When the officers and medical personnel arrived, they found an adult white male, wearing a ski mask, lying dead on the floor of the store, with a weapon inside the waist of his pants.

The shooting is under investigation and the identities of the store clerk, and the robber have not been released.
From Spokane’s KXLY.com of March 22, 2006
Convenience store clerk who killed robber won't be charged

A Stateline convenience store clerk who shot and killed a robber will not be charged.

Kootenai County prosecutors say 47-year-old Jeffrey Hayes was justified in shooting Joseph Kalani Hatchie, who confronted Hayes with a pellet gun in December.

Authorities say Hatchie was trying to hold up Lew's Smoke Shop in Stateline when he held the plastic BB gun to Haye's chest and demanded cash. Police say the gun looked like a real firearm.

Hayes pulled his own gun from beneath the counter and fired at Hatchie, striking him ten times.

Hatchie, a father and stepfather to seven children, lived in Greenacres, Washington, with his wife, Kim.
Portland, Oregon

From Portland’s The Oregonian of December 27, 2005
Packing a pistol, deputy D.A. nabs suspect in home

A Klamath Falls man was arrested after police said he was caught in the act of burglarizing the home of a deputy district attorney.

Ryan James Dotta, 18, was charged Sunday with burglary and criminal trespass.

The deputy district attorney, Mark Costello, wearing pajamas and armed with a handgun, detained Dotta until police arrived, police said.
Montgomery, Alabama

From the Montgomery Advertiser of December 27, 2005
Alleged home invader killed

A 20-year-old Montgomery man who allegedly was involved in an aborted home invasion on Friday was found dead in a backyard Monday afternoon, the victim of a gunshot wound.

Barrien McLemore, 7, found the body of Courtney Courtland of 2835 Boys Club Road lying in the backyard of a house about 20 yards from his own home.

"I was going to get my cousin Mike's ball," Barrien said. "I could tell it was a person. I thought he was laying down there asleep. I wasn't scared. I got my jug out of my bike and I just kept riding my bike."

Barrien went home and told his aunt, Kymeasha McLemore, and other adults.

"We thought he was lying," McLemore said. "We had to go see it for ourselves, and that's when we saw someone lying back there dead, so we called 911."

Malcolm Eckols of 954 National St., who lives above the McLemores, said he was shot in the shoulder when Courtland kicked in his door.

Eckols, 47, said he was defending his home when he fired the shot that fatally wounded Courtland.

"I didn't know I (shot) him until today," said Eckols. "I felt it (the gunshot), then I shot him. He kicked my door in."

Lt. William Perkins, a spokesman for the Montgomery Police Department, said no charges were pending against Eckols in the case. He said Courtland's death was being treated as a "death investigation."
Conway, Arkansas

From Conway’s the Log Cabin Democrat of December 17, 2005
Dramatic shoot-out injures 2 policeman, intruder killed

A Conway man who shot two Faulkner County deputies was shot to death by a resident of the home he broke into early Friday morning.

Michael Tindoll, 27, of Conway, allegedly broke into 16 Havens Lane, the home of his ex-girlfriend, Melissa Weber, according to Lt. Jack Pike, spokesman for the Faulkner County Sheriff's Office. Tindoll allegedly started a fist fight with Weber's new boyfriend, John Sides Jr., Pike said. Sgt. Jason Bell and Deputy Wesley Martin responded to a 911 call about 1:24 a.m.

Tindoll left and drove to a house on Sunny Gap Road where he retrieved his shotgun, Pike said. The sheriff's office did not know who the residents of the home were or the nature of their relationship with Tindoll, however, Pike said the residents called Weber and warned her Tindoll was on his way back with a gun. Weber called the sheriff's office, and Bell and Martin responded, Pike said.

About 1:55 a.m., the officers spotted Tindoll and followed him to the home. They followed him into the home and commanded him several times to put down his weapon, but he did not comply, Pike said.

The deputies fired two less-lethal rounds that hit Tindoll in the torso, but he still did not drop the shotgun, Pike said. Instead, he allegedly fired one shotgun blast, hitting both deputies with pellets. Bell returned fire, hitting Tindoll in the side.

Tindoll turned and started down the hall toward Weber's bedroom. Sides, who was in the bedroom, fired one shot from his own gun, hitting Tindoll in the chest, Pike said.

Three small children, ages two to four years old, were in the home during the domestic disturbance. One slept the whole time, Pike said.

Conway Police officers arrived shortly after for backup and assisted in clearing the home and securing the scene, Pike said. MEMS transported the deputies to Conway Regional Medical Center. Martin was treated and released. Bell was taken into surgery about 6 a.m. to remove a couple of pellets. He is expected to fully recover, and his injuries were not life-threatening, Pike said.

"We applaud their bravery, and their quick action no doubt resulted in saving the residents of the home," he said.

The officers will be off duty pending an investigation into the shooting. Pike said the sheriff's office has no reason to believe there was a violation of policy or misconduct on behalf of the officers.

No charges will be filed against Sides for shooting an intruder in his home, Pike said.

Saturday, December 24, 2005

Philadelphia, Pennsylvania

From the December 24, 2005 Philadelphia Daily News:
A Philadelphia Gas Works field worker shot and wounded one of two teenagers who held him up at gunpoint in Southwest Philadelphia yesterday, police said.

The veteran PGW worker gave up his wallet and cash to the teens, police said, but decided to reach for his own weapon after he saw one of the teens "cock back the hammer of the gun."

The PGW worker managed to quickly fish his own gun out of his jacket.

"He fired three shots," said police Lt. John Walker. One of the shots struck one of the 17-year olds in the leg, but he managed to flee with his companion.

Roofers working nearby told police which direction the youths ran in, and two suspects were soon arrested.

The teen who was shot was admitted to Children's Hospital of Philadelphia, where he was listed in stable condition.

Police didn't release the names of the suspects, who are juveniles, or the name of the PGW employee, who had a permit for his weapon.

...

PGW spokesman Doug Oliver said company policy prohibits employees from having "unauthorized weapons" at any PGW work area.

While Oliver said it appears the employee violated the policy, officials don't plan to address that issue right away.

"Our first concern is with our employee," Oliver said. "This was a very traumatic experience. It's not every day you find yourself in a position where you feel like your life is about to end."
Granby, New York

From December 21, 2005 channel 10:
On a quiet road tucked away just outside of Fulton, five people in Granby spent Tuesday evening tied up, at the mercy of two men.

One holding a machete, the other, a sawed off shotgun. Police say two of the bound men eventually overpowered 27-year-old Donald Brown and 18-year-old Kyle Hunter, shooting Hunter in the back.

"The husband and the acquaintance freed themselves and retrieved a shotgun from the perpetrator and subsequently shot at him, wounding him in his back with bird shot," said Lt. Erwin Brandl, Troop D, BCI.

The family was able to call 911 shortly after midnight. It didn't take long for Fulton State Troopers and the Onondaga County Sheriffs Department to apprehend the fleeing duo.
Oakland County, Michigan

From the December 20, 2005 Detroit News:
A 27-year-old Novi man has been charged with two gas station robberies. Randy P. Rayfield is in the Oakland County Jail on two counts of armed robbery and felony firearm possession. A preliminary exam is set for Dec. 21 in Novi 52-1 District Court. Rayfield was arrested in a Novi trailer park Saturday after receiving treatment at a Dearborn hospital for a gunshot wound to the leg. Rayfield was wounded Friday by the owner of a BP gas station he tried to rob, police said. He had robbed the same gas station Dec. 2, police said.
Buffalo, New York

From Syracuse’s WSTM.com of December 24, 2005
Man holds accused bank robber at gunpoint for police

A bystander chased and held a 16-year-old girl at gunpoint yesterday after Buffalo police say she allegedly robbed a bank.

Police say the Niagara Falls man was a customer at the Bank of America branch. He followed the girl in his car and detained her until police arrived.

Akeysha Palmer has been charged with bank robbery.

Police said the man had a permit to carry a handgun.
Collinsville, Alabama

From the Huntsville Times of December 24, 2005
Man kills brother in DeKalb shooting

Investigator says James Craig acted in self-defense

A DeKalb County man was killed and his brother and sister-in-law were hurt in a gun battle Friday morning in Collinsville, a Sheriff's Department spokeswoman said.

Gary Kenneth Craig, 57, died after being shot once or twice during a gunfight with his brother, James Earl Craig, 62, said investigator Rhonda Jackson. The brothers were neighbors in Collinsville.

James Craig was shot five times and his wife, Shelia, 53, was shot once. Both were taken to Erlanger Medical Center in Chattanooga, where they were being treated in the emergency room Friday afternoon.

Jackson said an alcohol-related dispute led to James Craig removing his brother from his home. Gary Craig then got a rifle from his pickup truck and fired through his brother's front door, striking his brother and sister-in-law.

James Craig returned fire, killing his brother, Jackson said. James Craig drove himself and his wife to the Collinsville Police Department to notify authorities about the shooting. From there, they were taken by ambulance to Baptist Medical Center-DeKalb in Fort Payne and later transferred to Erlanger.

Jackson said Gary Craig's body was lying on his brother's front porch when investigators arrived. She said James Craig will not be charged since he apparently shot his brother in self-defense.

Friday, December 23, 2005

Sutter, California

From the Marysville Appeal-Democrat of December 23, 2005
Two held after Sutter chase

Sutter County sheriff's deputies arrested two suspects who allegedly beat a man with his own shotgun after he allegedly caught them trying to steal his snowmobiles early Thursday, an official said.

Deputies responded at 2:42 a.m. to a report of a theft in progress in the 8100 block of Marshall Street in Sutter, said Undersheriff Bill Grove.

The victim heard the suspects trying to steal two snowmobiles on a trailer and held them at gunpoint. One of the suspects was able to take control of the gun, said Grove.

The victim was struck several times in the face, including one blow with the butt of the gun. The suspects fled with the weapon.

Grove declined to name the victim because an investigation was underway. The injuries were not life-threatening, he said.

A short time later, a deputy patrolling near Butte House and Tharp roads saw the suspects' vehicle and started a pursuit.

The two men abandoned the vehicle at Poole Boulevard and Tharp Road, fleeing on foot.

Deputies, aided by Yuba City police officers and search dogs, surrounded the area.

The dogs found William Jerrett Faunce, 26, of Brownsville, hiding behind the Walgreens Store at Highway 20 and Tharp Road.

The other suspect, Michael William Ginn, 25, of Linda, was found nearby.

Both men were arrested on suspicion of robbery, grand theft, assault with a deadly weapon, possession of stolen property, conspiracy and possession of less than ounce of marijuana.

They were booked into Sutter County Jail, said Grove. Bail for each was set at $40,000.
Sarah Brady's predictions notwithstanding, news accounts of this kind of incident are extremely rare.

Thursday, December 22, 2005

Harlan, Kentucky

From Lexington’s WKYT.com of December 22, 2005
Citizens Help Catch Bank Robber

According to police, two citizens helped catch a bank robber Wednesday in Harlan. When police arrived at the Home Federal Bank, two citizens were holding the suspect at gunpoint.

Daniel L. Stines, 60, of Loyall was arrested and now faces several charges. After Stines was taken into custody, a handgun and what appeared to be an explosive device was discovered.

A state police bomb unit was called in to dispose of the device. No one was injured.
Union Grove, Alabama

From the Huntsville Times of December 22, 2005
Morgan man shot by father-in-law, sheriff says

The estranged husband of a northeast Morgan County woman was shot before dawn Wednesday by his father-in-law, Sheriff Greg Bartlett said.

Calvin Hann of Lacey's Spring was wounded by a shotgun blast that struck him in the stomach, Bartlett said.

The shot was fired by James Griffin, 60, of Criscoe Road during an argument between his daughter, Chrissy Hann, 30, also of Criscoe Road, and her husband, Calvin Hann, 30.

Griffin, who lives near his daughter, went to her house before 5 a.m. when he was told Calvin Hann was there. He carried a shotgun.

Bartlett said Calvin Hann, 30, fired a shotgun but didn't hit anyone. Griffin then fired his shotgun, striking Calvin Hann in the stomach, Bartlett said.

Hann was taken to Huntsville Hospital and following surgery was reported to be in a critical but stable condition.

Bartlett said Calvin Hann is under a court order to stay away from his wife's residence.

The sheriff said Calvin Hann was in violation of a protection from abuse court order.

No charges are expected to be filed against Griffin, Bartlett said.
Beaverton, Oregon

From Beaverton’s KPTV.com of December 22, 2005
Man shoots car prowl suspect

A 27-year-old soldier just back from Iraq shot a man he said came at him with a screwdriver, after he allegedly tried to steal a car outside the soldier's Beaverton apartment.

Jose Ruiz Gomez of Gresham -- the suspected car prowler -- will be charged with second-degree theft and unlawful entry of a vehicle.

He was hospitalized with a gunshot wound to his leg.

Police are not releasing the name of the man who shot Ruiz Gomez. But they did say they are viewing the incident as a case of self-defense.
Suffolk, Virginia

From the Suffolk News-Herald of December 20, 2005
August fatal-shooting case closed

Charges will not be filed against a Jackson Road man in an August fatal shooting at the 7-Eleven on Carolina Road, officials at the Commonwealth’s Attorney’s office announced Tuesday.

“We found that the shooting was justified, as it was an absolute case of self-defense,” said Commonwealth’s Attorney C. Phillips Ferguson.

According to the office, an investigation revealed that on the evening of Aug. 10, Eric Ralph, 28, asked Thomas Cross, a customer at the store, for assistance with his vehicle. Cross assisted, but was unable to fix the problem and returned to his own vehicle to leave the premises.

According to Ferguson, this caused Ralph, who had a significant amount of alcohol in his system, to become agitated, and he pulled a firearm, placed it to Cross’s head, and threatened to kill him. Cross then got his own gun, which he possessed legally, and shot Ralph in self-defense, according to a press release issued Tuesday from Ferguson’s office. The victim died at the scene.

Cross then drove home and called police to report the incident.

“Based on the fact that Mr. Ralph was holding a gun to (Cross’s) head and actually making threats that he was going to kill him … there was no question that (Cross’s) life was in danger,” Ferguson said. “This is based on a combination of all the evidence, including corroborating statements from people that witnessed it.”
Carrboro, North Carolina

From the Durham Herald-Sun of December 20, 2005
Two men wounded in home invasion

Two men were hospitalized -- one with critical injuries, the other with a serious wound -- after a home invasion led to a double shooting late Monday night.

A woman, her two young children, her boyfriend and her boyfriend's brother were in the apartment when two men entered the residence, according to Carrboro Police Capt. Joel Booker.

Both someone in the apartment and one of the intruders fired shots, Booker said. One of the intruders was shot in the head while the boyfriend's brother was shot in the abdomen.

Investigators believe six shots were fired.

The incident was still under investigation by the Police Department as of Tuesday afternoon and Booker would not release the names or ages of anyone involved.

Police were called to the scene after the gunfire was reported, and they found the apartment residents in a car leaving the complex, apparently on their way to seek medical attention for the boyfriend's brother.

The man was bleeding from gunshot wounds to the abdomen and lying in the back of the car while the children, the mother and the boyfriend were in the front seat, Booker said.

At the apartment, police found one of the intruders lying on the floor with a gunshot wound to the head. He was taken to the hospital and was in critical condition Tuesday, according to police.

The second intruder was not found, and Booker said police are still working to determine his identity.

While a motive for the intrusion and shooting was not known, Booker stressed this was not a random incident.


He added that if self-defense was the motive, as it appears, then the man who shot the intruder would not face charges.
From the Durham Herald-Sun of December 27, 2005
Intruder who was shot in head dies

A man who was shot in the head after reportedly forcing his way into a home at the Estes Park Apartments has died from his wound.

Meanwhile, Carrboro police investigators continue to piece together exactly what happened, while they believe the incident was related to a domestic dispute, Lt. Cornell Lamb said Tuesday.

Police haven't been able to locate any relatives of the dead man, Lamb said.

They have his name -- Hosea Garcia Perizo, age 21 -- and his last known address -- 1322 Ivy St. in Durham. Lamb said the man also had gone by the name Jose Gomez Rodriguez.

Lamb added that Perizo was affiliated with the Latino Kings gang, but he said the department does not consider the incident to be gang-related.

The department still is not releasing the names of others involved, including an adult man who also was shot and now is in stable condition, as Lamb said police still were concerned those people could be in danger.

"Because of the circumstances involved here, and the safety of these people, we want to keep their names out of it," he said.

Police first got involved in those circumstances after midnight on Dec. 20, when they were called to the apartments at 306 Estes Drive in Carrboro.

It appears now that Perizo and at least two other people knocked on the door of one of the apartments, and a man there started to let them in, thinking they were acquaintances, Lamb said. But the scene quickly turned violent, as Perizo and the others tried to push past the man and several gunshots were fired.

Perizo was hit in the head, and one of the men in the apartment was hit in the abdomen. Perizo died Thursday at UNC Hospitals, while the other man has improved to stable condition, Lamb said.

The man with the abdomen wound was the brother of the boyfriend of a woman staying at the apartment, he said. Along with those three adults, there were two young children at the apartment during the incident.

As investigators see it so far, the story is that the woman had moved away from her previous boyfriend because of domestic abuse she suffered, Lamb said. She and that previous boyfriend were the parents of the two children at the apartment.

Perizo apparently came looking for the group. He wasn't the ex-boyfriend of the woman, but police are looking into whether he was an associate of that boyfriend, Lamb said.

The lieutenant said all the people at the apartment were Hispanic, although he said he didn't know facts such as whether they were recent immigrants or from what countries they may have come.

During an interview Tuesday, Lamb declined to reveal other details, such as exactly who shot whom, or exactly how many people forced their way into the apartment. All the weapons were handguns, and there was more than one gun involved, he said.

The residents in the apartment did call 911 after the shootings, but there was an initial language barrier, and the residents then loaded the injured brother in a car to seek treatment. A Carrboro police officer who speaks Spanish has been assisting the investigation, along with a Chapel Hill officer who speaks the language, and the Family Violence Prevention Center is involved as well, Lamb said.
Paramount, California

From Los Angeles CBS2.com of December 20, 2005
Would-Be Robber Shot And Killed In Paramount

Police say a man who was shot fatally in Paramount Monday evening was a would-be robber.

The would-be robber entered a mini-mart on the 7000 block of Somerset Boulevard around 5:30 last night armed with a handgun and confronted the employee behind the cash register, said Los Angles County sheriff's Sgt. Don
Manumaleuna.

After demanding money, the man slowly backed away toward the door when another employee came from the back of the store, Manumaleuna said.

As the man turned to look at the other employee, the one behind the register grabbed a gun and shot the intruder, who stumbled out into the parking lot before collapsing, Manumaleuna said.

The 30-something man, whose name was not immediately released, was taken to a hospital, where he died as a result of his wounds, Manumaleuna said.

Wednesday, December 21, 2005

Omaha, Nebraska

From Omaha’s KETV.com of December 21, 2005
2nd Arrest Made In Tobacco Shop Shooting

Sham Journey Killed Tuesday

Omaha police have arrested two men in connection with a Tuesday shooting outside a midtown tobacco store.

Omari Manuel, 23, was arrested on a charge of first-degree murder. Police said Manuel was seen driving a white vehicle that was connected to the robbery turned shooting.

Herbert Elliott Jr., 22, was arrested and charged with first-degree murder, use of a weapon to commit a felony and felon in possession of a firearm.

Police said an armed robber entered Hamilton Outlet Tobacco store near 41st and Hamilton streets at about 1:30 p.m. Tuesday. Police said more than one employee of the store chased the robber out into the street. Shots were fired, and tobacco store employee Sham Journey, 24, died at the scene.

An eyewitness to the shooting said he saw store owner David Kline fire a gun, and police confirm the report, but said it was not Kline who killed Journey. The witness, the Rev. Les Jordan, said he had a clear view of the incident as he stood in his secretary's office in the church across from the tobacco store.

"All I know is, the owner of the store was standing there in the street unloading his gun, toward the man who was laying in the street with blood running out of his head," Jordan said. "I get up, look out the window, pull the shade back, and there's a man, standing in the street with his hands like this, and he's still -- boom, boom, boom, boom."

Jordan said Kline was shooting as he ran out of his story. Jordan said he looked out a second window in the direction that Kline was aiming.

"I look out the window and I see a man lying in the street convulsing and I think, 'Oh no. He's in trouble,'" Jordan said.

Jordan told his secretary to call 911 and he ran to help to the victim.

"I ran up to him, and when I got there, I could tell he was gone," Jordan said.

A man who lives across the street from the tobacco shop wanted to remain anonymous, but told KETV NewsWatch 7 that he talked to workers in the store about the weapons they had inside.

"They said they had a .357 in there, and a .44, and a bamboo stick. That's what they used to do; they used to walk around, talking about the weapons they had in there," the man said.

Kline and his business partner have not commented. Again, police said it was not a bullet from Kline's gun that injured and eventually killed Journey.
From Omaha’s KETV.com of January 11, 2006
Neighbors Want Charges Against Tobacco Store Owner

Fatal Shooting Put 2 Behind Bars

Some midtown neighbors want a business owner arrested following a fatal robbery last month.

David Kline was shooting at two robbery suspects who ran from his Hamilton Outlet Tobacco store, near 41st and Hamilton streets. Police said that during the gun battle, a robber's bullet killed store employee Sham Journey, 24, who was outside, too.

Two people are under arrest. Omari Manuel, 23, and Herbert Elliott, 22 are charged with first-degree murder.

Some neighbors said Kline should be jailed, too.

"I just like to know if we should all go get us a gun to defend ourselves," said the Rev. Les Jordan, who witnessed the incident from inside his nearby church. "When I looked out the window, I saw the owner of the store here in the middle of the street positioning himself like this and shot his gun several shots in a row."

Some people believe Kline acted in self-defense.

"I don't believe it's self-defense when you ran a block down the street from your building and had a shootout in the middle of my street," Jordan said.

Jeannie Dickes is the neighborhood president. She said several of the nearby homes have bullet holes. The damage left by the gunfire has neighbors asking for compensation.

"He pursued and chased. It's a whole other story when you're out of the store," Dickes said. "Shooting like a vigilante. It's like the wild, wild west. This is 1:30 in the afternoon, during the Christmas season -- kids are out of school."

Neighbors said they won't rest until Kline is charged with something.

"He certainly did break the law," said neighbor Sabrina Sanchez. "I mean, I can't go shooting a gun down the street. I would certainly go to jail."

Kline, who owns the Hamilton Outlet Tobacco store with his brother, was unavailable to comment.

The Douglas County said his office is still reviewing the case and no decisions have been made regarding Kline.
From Omaha’s KETV.com of February 3, 2006
Dornan: Tobacco Store Owner Acted In Self-Defense

No Charges Against David Kline

The owner of Hamilton Outlet Tobacco will not be charged for shooting at a robbery suspect seven weeks ago.

Police said there's no probable cause for an arrest. Douglas County Attorney Stu Dornan said store owner David Kline was acting in self-defense.

A shooting outside the Hamilton Outlet Tobacco store at 40th and Hamilton streets in late December killed store employee, Sham Journey. Journey was shot and killed while chasing two robbery suspects.

Kline fired at the suspects as he gave chase. It is believed the shot that killed Journey came from one of the suspects.

Residents of Omaha's Orchard Hill neighborhood had been fighting to have Kline charged.

The two robbery suspects, Herbert Elliott Jr., 22, and Omari Manuel, 23, are charged with first-degree murder.

During the investigation, police found a box that contained marijuana, a small amount of cocaine and mushrooms inside the tobacco store. However, no drug charges were filed against Kline or any of the store employees.
From Omaha’s KETV.com of March 14, 2006
2 Will Face Trial In Tobacco Store Shooting

Owners May Have Shot Gun 10 Times

Two men charged in the December shooting death of a tobacco store clerk are heading to District Court on first-degree murder charges, and testimony suggests the store owner fired 10 shots at the robbers.

On Tuesday, two Omaha police detectives testified Omari Manuel and Herbert Elliott are responsible for the death of Sham Journey. Journey was an employee of the Hamilton Outlet Tobacco shop, and was shot in December during a robbery of the store.

Early on in the investigation, there was a question as to whether the bullet that hit Journey was fired by storeowner David Kline or one of the alleged robbers.

Kline was cleared of any wrongdoing last month by the county attorney, who said he acted in self-defense.

(More detail)

Tuesday, December 20, 2005

Jackson, Mississippi

From Jackson’s WLBT.com of December 20, 2005
Teen Shot During Home Invasion

A Jackson teen has been hospitalized after being shot during an apparent break-in attempt at a neighbor's house.

The teen was with three other juveniles at the time, and was shot by the homeowner.

It happened at 232 Clubview drive in west Jackson, shortly before 11 Tuesday morning.

During any other week, they'd probably be inside a classroom, but because there's no school, and they got into some trouble, two teens stand handcuffed, outside a crime scene.

Precint [sic] Three Commander Ron Sampson says, "About 10:45 we received a call of a house burglary in progress. The homeowner happened to be at home, two subjects made entry into the home, the homeowner fired a shot and hit the suspect in the right leg."

One teen was hospitalized with a gunshot wound to the leg.

Detective Brendan Bell says, "Possibly all four are going to be charged with house burglary."

The homeowner, Beverly Johnson, wasn't home but her son was. He was taken in for questioning, but not charged and he wasn't home alone. His two younger nephews were inside the house with him.

Police suspect burglary as a motive, and this wasn't the first time the Johnson home was targeted.

Detective Bell says, "At this residence I believe in the past couple weeks he's had a number of reported break ins at this home, so that possibly contributed to his reaction."

Police say the injuries on the teen shot don't appear to be life threatening. Neighbors say he lives in the neighborhood.

As the investigation into this crime continues, J.P.D. detectives say they could link the teens to other unsolved burglary cases in the area.

Monday, December 19, 2005

Collierville, Tennessee

From Huntsville’s WAFF.com of December 19, 2005
Police say homeowner shot one, others scattered

Police in Collierville say a homeowner shot and killed one of several people who broke into his house over the weekend.

Police Lieutenant Greg Flint says homeowner Brian Harper was awakened by his burglar alarm early Saturday and fired at the intruders with a .45-caliber handgun, striking one of them. Flint says the others scattered and Harper doesn't know if the several other shots he fired hit anyone else.

Police say none of the home invaders fired a weapon, but investigators don't know if any of them had one.

Police identified the dead intruder from fingerprints and say he was 28-year-old Lakim Duffy.

His police record shows arrests since 1998 for violations including criminal trespass, especially aggravated robbery and cocaine possession.
Jackson, Mississippi

From Jackson’s WLBT.com of December 18, 2005
Suspected Burglar Fatally Shot at Jackson Business

A man, who police say was attempting to rob a Jackson business, was shot and killed Saturday night.

Jackson police were called to Livingston Towing and Recovery at 3228 Medger Evers Boulevard at 11:38 p.m.

There they found 35 year old Timothy Darby of Jackson fatally shot in the rear of the business. J.P.D. spokesman Detective Brendan Bell said Darby allegedly attempted to burglarize a vehicle on the company lot when the business owners interrupted him.

Bell said the owners struggled with the suspect over the owner's gun.

During the struggle Darby was shot once in the left shoulder.

Police have not released the names of the towing company's owners.

Bell said the owners also lived on the business property.

No formal charges have been filed.

A woman answering the phone at Livingston Towing and Recovery said no one was available to comment on the shooting death.
From the Jackson Clarion-Ledger of December 23, 2005
Tow firm shooter faces gun charge

A Jackson businessman who shot and killed a suspected burglar is facing a new charge because of a conviction more than two decades ago.

Fred James Perry, 55, owner of Livingston Towing & Recovery at 3228 Medgar Evers Blvd., has been charged as a felon in possession of a firearm.

Perry was convicted in 1982 of armed robbery, according to Hinds County Circuit Court records.

A felon can't own or possess a firearm. Under federal law, felons convicted of possessing firearms face up to 10 years in federal prison or a $250,000 fine. Under state law, the maximum penalty is three years in prison.

Jackson Police Department Detective Brendon Bell said Perry has not been charged in the Saturday night shooting of Timothy Darby, 36, of Jackson. The shooting is still under investigation, he said. The case will be presented to a grand jury.

Bell said he did not know when detectives did a background check on Perry. But Perry was taken to the police station and questioned Saturday night, police said.

Perry was arrested Wednesday, according to the police docket. He was released Thursday afternoon on $10,000 bond from the Hinds County Detention Center at Raymond.
From the Jackson Clarion-Ledger of May 9, 2006
Jury deems killing justified

For the second time in six months, a Hinds County grand jury has declined to indict a person who killed another while defending his home or business.

In the latest case, the grand jury said Fred James Perry, 55, owner of Livingston Towing & Recovery at 3228 Medgar Evers Blvd. in Jackson, should not be prosecuted for fatally shooting suspected burglar Timothy Darby, 36, of Jackson on Dec 17.

Police did not arrest Perry in Darby's death but did charge him as a felon in possession of a firearm because of Perry's 1982 conviction for armed robbery.

But the grand jury also returned no indictment on that charge.

"We presented to the grand jury on both a felon in possession of a firearm and the homicide, and they returned a no bill (didn't indict) on both charges," Hinds County District Attorney Faye Peterson said. "Why, I don't know. We thought they might convict on the felon in possession of a handgun."

But Peterson said the grand jury may have looked at the circumstances of the case and decided not to indict on either charge.

Perry saw Darby on his lot late the night of Dec. 17 attempting to break into a vehicle, Jackson police said. Words may have been exchanged between the two before Perry fired one shot that hit Darby.

Darby was pronounced dead at the scene from a gunshot wound to the left shoulder, Hinds County Coroner Sharon Grisham-Stewart said.

A woman who identified herself as Perry's wife said Monday they did not want to comment about the fatal shooting, but then added that Jackson is a high-crime area.

"We are going to support the city officials, police and district attorney," she said. "They are working hard to do what they have to do."

In a Nov. 27 shooting, Jackson homeowner Cedric Marshall wasn't indicted in the death of Marcus D. Rawls, 23, also of Jackson.

Marshall was indicted in March on gun and possession-of-cocaine charges from an Oct. 14 arrest.

Police found Rawls dead on the porch at 464 Willaman St. at 4:36 a.m. Nov. 27. He was wearing a ski mask and gloves. He died from a gunshot wound to the head, Grisham-Stewart said.

Published reports said Marshall thought two men were trying to break into his home and shot through the door to scare away the intruders.

Police would not say at the time of the shooting if Rawls was accompanied by anyone else.

Under current Mississippi law, a citizen can legally kill someone when resisting an attempt to commit a felony upon the person or in that person's dwelling. A killing also is justified if a person thinks there is imminent danger of a felony being committed or the infliction of great personal injury upon him.

A new law passed by the 2006 Legislature expands the self-defense law to an occupied vehicle, place of business, place of employment or in the immediate premises. It goes into effect July 1.

A person deemed not guilty of any crime, under the new law, would be immune from civil liability.

Saturday, December 17, 2005

Jackson County, Mississippi

From the November 22, 2005 South Mississippi Sun-Herald:
The Jackson County Sheriff's Department is investigating a shooting Sunday that left Brian Howell dead and his friend, Richard Hinton, in jail.

Sheriff Mike Byrd said Howell and Hinton went to get Hinton's ex-wife, who was with her boyfriend, Donald Sexton Sr., at Sexton's house on Yellow Bluff Road. Howell and Hinton, the sheriff said, had baseball bats and guns with them.

Hinton allegedly fired into the trailer, but did not hit anyone. Byrd said it appears Sexton returned fire in self-defense and struck Howell in the head. Howell was taken to a hospital in Alabama, where he later died.

Hinton was charged with shooting into an occupied dwelling. Byrd said the case against Sexton will be presented to a grand jury, which will decide whether charges against him will be filed.
Petersburg, Virginia

From the December 1, 2005 Richmond Times-Dispatch:
Petersburg police yesterday were looking for a second suspect in an attempted robbery of a convenience store Monday night. The robbery was thwarted when the cashier pulled a gun and shot one of the two would-be robbers.

Two men wearing ski masks entered the Qwik Stop Grocery on East Wythe Street in Petersburg around 8 p.m. Monday. The men fled after the cashier pulled the gun and shot one of them in the face and leg.
La Plata County, Colorado

From the Durango Herald of December 17, 2005
Man shot in struggle for shotgun

A La Plata County man was in serious condition Friday at Mercy Medical Center after being shot point-blank with a 12-gauge shotgun.

The 12:03 a.m. Friday shooting, La Plata County Sheriff's spokesman Dan Bender said, occurred four miles north of Bayfield in the 4000 block of County Road 501.

Bender explained the incident:

Andrew Williamson was at home, sleeping, when knocks on the door jerked him awake.

The 24-year-old reached for a shotgun for home defense. He then cracked open the front door, peeked outside, and spotted two shadowy figures - in a night too dark to identify.

So Williamson reached for a light switch. As he did, one man burst through the front door and grabbed for the gun.

A struggle ensued, with both men falling to the floor. That's when another man, Jesse Handley, 21, entered the house.

Watching a "tug-of-war" for the shotgun, Handley tried to break up the fight. While doing so, Bender said, the gun accidentally fired.

"There were several hands on the shotgun because they were struggling back-and-fourth with it," Bender said. "It hasn't been determined whose finger was on the trigger."

Bender identified the man shot as the intruder, Jason Egger, 31, of La Plata County.

Shot once in the right side, Egger was taken by ambulance to Mercy.

What prompted the late-night visit? That's a question investigators were still trying to resolve Friday. By day's end, Bender said, sheriff's investigators learned this:

Earlier, on Thursday evening, Williamson reported to police that an unknown man at the Billygoat Saloon in Gem Village was calling him, making harassing and threatening statements.

Egger had Williamson's phone number as a way to contact Williamson's estranged wife. But even though the estranged wife was not at the house that night, Egger headed there anyway.

He and Williamson apparently did not know each other before the struggle.

Investigators are waiting for Egger's condition to improve before interviewing him, Bender said.

No arrests have been made.

"It appears Williamson was in his own home and was assailed by a subject, and he was defending himself," Bender said.
Rockland, Maine

From the Rockland Courier-Gazette of December 16, 2005
Jury issues mixed verdict in Cushing shooting case

A jury has found a Cushing man not guilty of aggravated assault but guilty of reckless conduct in connection to a Dec. 18, 2004, shooting at his home.

The reckless conduct charge was in connection to the shot Bruce Meklin, 37, fired at the truck of Michael Doughty, 44, of St. George after Doughty already had been shot three times by Meklin following a physical fight.

After the verdict, Meklin maintained he only shot Doughty in self-defense and in defense of his home, and added he fired the shot at Doughty's truck because he was convinced Doughty had a gun behind the seat.

“I know Mike Doughty,” Meklin said. “He wasn't backing down. It would have been a shootout.”

Meklin expressed disappointment with the verdict.

“I think I got a raw deal, because I was at my own house,” Meklin said. “I would never have fired the warning shot except I saw him go to his truck and look behind the seat.”

Sentencing is scheduled to take place March 3.

According to testimony heard this week, the pair had argued over the phone the morning of Dec. 18, then Meklin told Doughty to come to his home and settle the matter in person. When Meklin refused to answer the door, Doughty testified, he broke the door and then a physical fight occurred.

After that, Doughty was shot three times, including once in the back, and Meklin also shot at Doughty's truck as he was attempting to flee.

After they were dismissed to deliberate Thursday afternoon, jurors requested to be reinstructed on several legal definitions: aggravated assault; definition of premises; self-defense; and defense of premises.

Defense attorney Eric Morse attacked the credibility of the victim, who survived the shooting, claiming he had broken into the defendant's home and attacked him. Morse said Meklin was the victim and had attempted to defend himself and his home.

District Attorney Geoffrey Rushlau acknowledged Doughty had broken Meklin's door. However, Rushlau said there was no need for Meklin to introduce a gun to the fight, nor to fire at Doughty multiple times.

Doughty called 9-1-1 from the truck and was taken to Penobscot Bay Medical Center. He underwent surgery for his hand and arm. He testified he still does not have full use of his left hand.

In June, Doughty pleaded no contest to a charge of aggravated criminal trespass at Meklin's home. Sentencing was postponed until after Meklin's trial concluded.
Mission Hills, California

From the San Diego Union Tribune of December 16, 2005
Clerk with gun chases off would-be robbers

A clerk in a Mission Hills liquor store grabbed a pistol and chased two masked men out of his store last night after they shot another clerk with a Taser, San Diego police said.

The masked men walked into Mission Hills Liquor on West Lewis Street about 8:50 p.m. and confronted one clerk, police said.

The pair demanded money, and when the clerk refused, he was shot with the Taser, a stun gun. His co-worker pulled out a handgun and chased away the would-be robbers.
Chandler, Arizona

From the Arizona Republic of December 16, 2005
Homeowner shoots, wounds would-be intruder

A man who tried to break into a Chandler house near Dobson and Pecos roads Thursday was shot by the homeowner, police said.

Sagio Maurice Henry, 35, of Chandler rang the doorbell around 1 p.m. Thursday, then went to the back door where homeowner Cary Dennis saw him. Dennis returned with a weapon and found Henry prying open a window, police said.

After startling Henry, Dennis chased him outside and ordered him to stop. When Henry brandished a pickax handle, Dennis shot him once in the chest, according to authorities.

Henry managed to flee and was later picked up by police at a Valley hospital. He was taken to Maricopa Medical Center, where he is receiving medical attention for non life-threatening injuries in the jail ward. Police would not name the hospital he had fled to.

"I am kind of still shaken up," said Dennis, who works in the after-market auto parts business. He declined to elaborate further on the incident.

Self-defense home invasion shootings are rare and are discouraged, said Chandler police Detective Frank Mendoza.

"We don't recommend handling things this way," he said. "Given the situation, he had plenty of time to call 911 and leave the home."

Once he recovers, Henry will be booked into Maricopa County jail and charged with one count of burglary.

Police are not pursuing charges against Dennis, Mendoza said. He could not say what type of gun was used or what Henry was using to pry the window.

Thursday, December 15, 2005

Orlando, Florida

From the Orlando Sentinel of December 15, 2005
Police: Victim surprised would-be robbers

Two teenagers remained in the Orange County Jail on Wednesday after picking the wrong victim to try to rob -- an armed Floridian with a concealed-weapon permit.

Orlando police said one of the surprised suspects told them they chose the man outside a Marriott Fairfield Inn because they thought he would be an easy target.

The 37-year-old Lake County man had just shut his car door in the motel's parking lot at 1 p.m. Tuesday when the teens approached him and said, "You know what's up," reports show.

Carrying pistols, the teens threatened to kill the man if he didn't give them money, police said. Fearing they would spot the holstered pistol in his waistband, the man started emptying his pockets until the teens relaxed and backed off, reports show.

That's when the man, a military veteran who works at Walt Disney World, drew his handgun and fired.

"The defendants then fled the scene running with no property from the victim," police wrote, describing their crossing of Major Boulevard.

Miguel Arias, 17, was stopped within minutes and admitted taking part in the attempted robbery, reports show. Dennis Pugh, 18, was arrested nearby in a Suburban Lodge, where police searched his room and seized a .25-caliber Raven pistol and a BB gun that looks like a 9 mm pistol, reports show.

The victim did not want to be named, saying he feared for the safety of his family if the teens learn his identity. No one was injured when he fired, police said.

Arias and Pugh, both of Orlando, were being held without bail in the Orange County Jail on charges of robbery with a firearm.
San Luis Obispo, California

From the San Luis Obispo Tribune of December 14, 2005
Deputies arrest Cambria man for attempted burglary, carjacking in Creston

Sheriff’s deputies arrested a Cambria man this weekend after he allegedly broke into a Creston home, threatened the owner and tried to take his car.

Home owner Dale Stuve called authorities around 7 p.m. Sunday to report that a man had broken into the house at 4044 Highway 41 East, sheriff’s Sgt. Brian Hascall said. Jedidiah James Williams, 21, had allegedly used a rock to break a back door window and enter the laundry room, Hascall said.

According to Hascall, these events followed:

Armed with a rifle, Stuve tried to hold the laundry room door closed. But Williams pushed it open.

“(Stuve) said, ‘Don’t come any further or I’ll shoot you,’” Hascall said.

Williams left, returning moments later to demand Stuve’s car. He didn’t get it.

Hascall said authorities found Williams a quarter-mile away in front of another home. He was arrested and charged with burglary and attempted carjacking.

Williams also had three unrelated arrest warrants, Hascall said. The Cambria man was being held Tuesday at County Jail in lieu of $57,500 bail.

Wednesday, December 14, 2005

Colorado Springs, Colorado

From the Colorado Springs Gazette of December 14, 2005
Man acquitted of murder under Make My Day law

A jury Wednesday ruled a shooting death last year was self-defense under the state's Make My Day law, acquitting Gary Lee Hill, who was accused of first-degree murder for killing a man who had assaulted him in his home but was in his car when he was shot.

The Make My Day law permits people to use deadly force to protect themselves from intruders into their homes.

Hill, 24, declined comment as he was leaving the courthouse.

“He’s not guilty. Justice has been done,” said his mother, Kathy Jastrab. “He didn’t deserve to even be here. Those kids beat him and robbed our home. There was no reason for him to even be on trial.”

The jury deliberated for about six hours, after being handed the case late Tuesday. Fourth Judicial District Judge Robert Lowrey presided over the two-week trial.

Hill was acquitted on charges of first-degree murder with extreme indifference, and two counts of menacing, in the shooting death of John David Knott, 19. The shooting happened Sept. 5, 2004.

“He got away with murder,” said Knott’s sister, who would only identify herself as Tina. “He was my only brother. My kids only uncle. This is a sad day.”

According to testimony, Hill had been having a party that night at the house at 513 Potter Circle. He got into an argument with Allesandra Ash and Amanda Padilla over Padilla’s missing purse. Padilla admitted punching Hill. He brandished a rifle and ordered them to leave.

The women left, called Padilla’s boyfriend, Knott, and Ash’s boyfriend, Anthony Padilla. They went back to Hill’s house and entered Hill’s basement room, where he was sleeping.

Padilla testified she hit Hill three more times, and once more with brass knuckles, causing his head to bleed. They fled the house. Hill got a high-powered rifle, loaded it and fired once from the porch into the car Knott was driving. Knott crashed the car into a house and died.

Tuesday, December 13, 2005

Macon, Georgia

From the Macon Telegraph of December 13, 2005
Macon homeowner fatally shoots man in attempted burglary

Macon police say a 75-year-old man shot and killed a 21-year-old who was burglarizing the older man's home this afternoon in the Peach Orchard neighborhood.

Randolph Randy Baker was pronounced dead at about 3 p.m. at The Medical Center of Central Georgia after being shot in the head, police Lt. Carl Fletcher said.

Police are not releasing the name of the homeowner.

The older man entered his Irwin Avenue home and saw two men inside at about 2:15 p.m., Fletcher said. One man jumped out a window. Fletcher said Baker, the other man, was shot in the head.
Charlotte, North Carolina

From Charlotte.com of December 13, 2005
Charlotte man, 70, shoots intruder

Charlotte-Mecklenburg police say a 70-year-old man confronted two intruders who had broken into the tool shed of his southwest Charlotte home Monday morning, shooting one at least three times.

The incident occurred on Sleepy Hollow Road. According to police reports, the homeowner confronted three men in his driveway shortly after 10 a.m. as they carried power tools and fishing rods out of his shed. As the men jumped into a sport-utility vehicle, Bailey shot at the driver with a handgun, police reports said.The men drove away but later crashed near the 5000 block of South Tryon Street, according to police records. Alvin Quintin Douglas, 42, was taken to Carolinas Medical Center and treated for gunshot wounds, reports said. No arrests were made; police said the district attorney's office would determine whether any charges will be filed, police said.
From the Charlotte Herald-Sun of January 24, 2006
Man dies one month after a shooting

Police in Charlotte say a 42-year-old man has died from gunshot wounds, more than a month after a 70-year-old man shot him during a daylight break-in at a tool shed.

A police report says the man was shot three times the morning of December 12th.

The 70-year-old man told police that three men had broken into the tool shed at his home and stolen a leaf blower, tool box, table saw and other items.

He told police he confronted them as they got into a sport utility vehicle in his driveway, then shot at the driver with a handgun as they pulled away.

The suspects crashed the S-U-V about a mile away.

Two men were treated for injuries, but the third man never left Carolinas Medical Center, where he died on Monday. Authorities are trying to notify his family.
Lisbon, New Hampshire

From Manchester’s TheWMURChannel.com of December 13, 2005
Homeowner Drags Intruder From Son's Room

Man Accused Of Driving Drunk, Breaking Into Home

An intruder picked the wrong house to break into in Lisbon on Saturday and ended up being dragged down a flight of stairs and pinned to the floor by the homeowner.

Police said that Wayne Eathorne's truck skidded off the road in Lisbon, but instead of calling 911 for help, he broke into a nearby house. That's where he met up with two retired corrections officers who took matters into their own hands.

Mike Tobin said that he came from a hunting trip with his friend, Paul Aldrich, and heard strange noises from upstairs.

"I thought it was my son fooling around, but as I got closer, I realized it wasn't his voice," Tobin said. "I entered his room, his mattress is off the bed and the room is trashed."

Tobin said that he saw Eathorne on the floor.

"He had his socks, long johns and a sweater on," Tobin said. "That's how I found him -- lying on his back, bellowing."

Tobin said that Eathorne threatened him.

"That's when I pulled my weapon and I said, 'No, you're not doing nothing! You're getting out of my house,'" Tobin said. "He reached for my gun, and I pulled it back, punched him, grabbed his shirt and started running."

Tobin dragged Eathorne halfway down a spiral staircase before Eathorne grabbed onto a railing. Tobin said he went to the door to get Aldrich's help, and Eathorne went back upstairs.

Tobin said that Eathorne went back downstairs after Tobin threatened to shoot, and Aldrich was waiting at the bottom.

"As he came down, (Aldrich) picked him up and threw him," Tobin said. "He landed in the sink area."

Tobin then called police. Nothing was taken from the home, and the only damage was a broken window.

"I'm not a person who wants to hurt anybody, but I'll do whatever it takes to protect my family," Tobin said.

Eathorne was charged with driving while intoxicated, attempted burglary and criminal threatening. He was released on bail and ordered to stay away from Tobin's home.

Monday, December 12, 2005

Dallas, Texas

From Dallas’ NBC5i.com of December 12, 2005
Police: Dallas Homeowner Confronts, Shoots Alleged Burglar

Police say a Dallas homeowner took the law into his own hands when he shot an alleged burglar.

Investigators said the homeowner saw a man peering into his window on the 3700 block of Crown Shore Drive on Sunday afternoon.

The man told police he got a gun and went outside.

Investigators said the man reported seeing two men leaving his home carrying boxes. He followed them into the driveway and confronted them.

The man shot one of the men while the other fled, police said.

So far, no charges have been filed against the homeowner.

Saturday, December 10, 2005

Bridgeton, New Jersey

From the Vineland Daily Journal of December 10, 2005
Home invader gets 10 years, blames victims

William Burden laid the blame for many of his problems at the feet of an Upper Deerfield couple who wouldn't answer their door when he and an accomplice tried to burglarize their house on July 4, 2003.

In addition to a 10-year attempted burglary sentence handed down Friday, Burden's problems are many:

The 32-year-old Bridgeton resident already is serving a 20- to 30-year sentence for burglaries and other crimes committed in Cumberland and Salem counties in 2002 and 2003. His crime spree triggered the largest state police investigation in the region's recent history.

He faces additional years if convicted of two robberies where police said he and Howard Dunns, a 28-year-old Fairfield Township resident, shot and seriously injured two elderly Salem County men.

Police also tied the handgun used in the two shootings to the murder of a Millville youth. Burden has been charged with providing the gun to the accused killer in that case.

In court Friday, Burden faced Robert and Wanda DuBois, an Upper Deerfield couple who happened to be at home when Burden and a man police said is Dunns called on the afternoon of July 4.

"I wish they had answered the door," Burden said before he was sentenced Friday. "Had they done that, me and my boy would have gone on our way."

"Maybe it wouldn't have brought down all these other burglaries and stuff I didn't commit on me," Burden said. "Not to minimize what I did, but I'm going through a terrible situation because of all these charges I'm facing."

But Robert DuBois, who chased the two men away from his rural house by firing two shots from his own handgun, wasn't buying Burden's tale of woe.

DuBois chased down Burden and Dunns until state police arrested the pair."I think Mr. Burden and all the career criminals ought to get new jobs," DuBois said. "It gets dangerous when you try and do what he did out where I live."

Superior Court Judge Timothy Farrell said he didn't believe Burden had only a simple burglary in mind when he and Dunns kicked down the door of the DuBois residence.

(more)