Gary, Indiana

From the Merrillville Post-Tribune of November 22, 2005

Homeowner’s brother shoots teenage intruder in Glen Park

A teenager who apparently broke into a Glen Park home Monday afternoon was seriously wounded when the resident’s brother fired at him with a shotgun, police said later.

Officers responding to a burglary in progress arrived at 5043 Washington St., and heard gunshots inside the one-story home, police said.

Seconds later, Detective Sean Jones found Allen Walker, 17, had been shot in the side.

The homeowner’s brother, Johnny Yarbrough, 34, told police he shot Walker after the teen broke into the house, pointed a gun at his sister and demanded money.

Yarbrough’s sister, Anita Yarbrough, and her 2-year-old grandson were inside the house but were not injured, police said.

Police recovered three guns from the house, including one they said apparently belonged to the teenager.

Outside the south door of the home, police noted damage to the lock and found a pry bar nearby.

Walker was taken to The Methodist Hospitals Southlake for treatment while detectives spoke to the residents inside the home.

It was the second time in two days that an apparent intruder was shot.

Donte Sims, 26, is hospitalized under police guard at Methodist Hospitals Northlake, wounded early Sunday inside 313 Johnson St.

Detective James Bond said he expects Sims will be charged with residential entry today.

Sims was shot in the hip about 1 a.m. Sunday when Andre Anderson, 39, went to check on the house he is rehabbing and was surprised to find a man inside.

Police said as Anderson opened the door to the vacant house, he saw a man on the other side, then the door glass broke.

Anderson fired at the intruder, who fled into the attic of the house, where police found him.

Sims is listed in stable condition, police said.

Anderson told Detective Dan Callahan the house had been broken into previously, and he decided to check on it when he encountered the man inside.

Sims told police he is homeless and admitted he had been sleeping inside the vacant home, investigators said.

Investigators said they do not expect the homeowner, Anderson, will be charged in the shooting.

At the Glen Park scene, however, police arrested Johnny Yarbrough, 34, who was being held on charges of aggravated battery and being a felon in possession of a firearm, Detective Cpl. Thomas Decanter said.

From the Merrillville Post-Tribune of November 23, 2005

Prosecutors decline to file charges in house break-ins

No felony charges are in the future for two people arrested during break-ins at two separate houses this week.

The gunshot wounds they suffered during the alleged home invasions may serve as their only punishment, investigators said Tuesday.

Lake County prosecutors declined to file residential entry charges against Donte Sims, 26, found hiding inside a house at 313 Johnson St. early Sunday.

The homeowner confronted Sims inside the house about 1 a.m. and shot at the intruder who admitted to police he had broken into the house previously because he needed a place to sleep.

Sims was shot in the hip after Andre Anderson opened the front door to the vacant house he is repairing and saw the man inside. When Anderson heard glass breaking, he reacted by shooting the man.

Detective James Bond said no charges will be filed against Anderson.

Diane Poulton, spokeswoman for Lake County Prosecutor Bernard Carter, said police could take the Sims case to Gary City Court for misdemeanor charges. The break-in did not meet felony standards because the house was not being lived in, Poulton explained.

Allen Walker, 17, wounded Monday afternoon during an alleged break-in at 5043 Washington St., may be paralyzed from the injury, Detective Cpl. Thomas Decanter said Tuesday.

Walker will be charged in juvenile court and prosecutors will have to seek a waiver to adult court on charges against him, Decanter said.

Indiana law provides that any teen 16 years or older who commits a felony with a handgun can automatically be charged as an adult.

The homeowner called police and said a man had forced his way into her house, pointed a gun at her and demanded money.

When officers arrived, they found Walker with a shotgun slug in his side and a handgun nearby.

Police arrested the homeowner’s brother, Johnny Yarbrough, 34, on a weapons violation charge because he has a prior felony conviction.

He is not expected to be charged in Lake Superior Court, however, because the conviction was drug related. Indiana law states that a felon with a conviction for a violent crime can be charged if caught with a gun.