Monday, December 19, 2005

Jackson, Mississippi

From Jackson’s 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.

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