Deming, New Mexico

From the Deming Headlight of November 10, 2005

Florida man shot during attempted robbery

A 25-year-old Floridian was taken from Deming to El Paso's Thomason Hospital, Wednesday afternoon, for treatment of a shotgun blast to his right elbow. He was identified as Jesse Johnson, a transient.

Luna County Sheriff's Investigator Frank Pena Jr. said the shooting was in self-defense after a threat with a knife.

Pena said Johnson and James H. Carter, 67, 680 E. Sixth St., met Tuesday at Deming Truck Stop. Carter offered Johnson a place to stay for the night, gave him $20 as Johnson said he was penniless. Wednesday, about 11:30 a.m., he gave Johnson a 7-inch knife to use instead of a box-cutter Johnson was loading with a blade.

"'He began pacing nervously,'" Pena quoted Carter on Johnson. "'I never heard him come up behind me. He put his right hand around my chest. His left hand, with the knife, came up to my neck.'"

Johnson, Pena said, ordered Carter to surrender his money or die. Carter said he had no more money. Johnson demanded items of value, searching Carter's home and finding a banjo. When Johnson opened a door to put the banjo outside, Carter slammed and locked the door, retrieved a single-action shotgun and three shells, loaded the gun and fired through the window, hitting Johnson.

Carter left via a back door, driving toward a neighbor's home to use a phone and saw the neighbor drive the other way with Johnson. The neighbor, Ed Marcak, lives a tenth of a mile from Carter. Johnson ran there from Carter's house. Carter made a U-turn.

"He drove to Deming Police Department," Pena said, "surrendered his weapon and two live rounds."

Police went to Sixth Street and summoned the LCSO. Johnson, taken to Mimbres by Marcak, was treated and medicated. He was unable to speak due to heavy medication, Pena said.

"It was real bad," Pena said of the wound. "The bone was shattered, protruding from the skin. After investigation, we concluded, based on the statements of the shooter and evidence, the act committed was an act of self-defense."

Assistant District Attorney Tim Flynn agreed, Pena said. No charge was filed. Pena found the 7-inch knife outside Carter's door.