West Price Hill, Ohio

From the Cincinatti Enquirer of January 14, 2006

Resident, thieves in shootout

Pair fire on man who replies in kind; no one hurt

George Jones Jr. saw two people breaking into cars Thursday near Pedretti Avenue and West Eighth Street.

"He was going to stop the thefts from the cars," said Cincinnati police Capt. Drew Raabe.

Instead, he sparked a gunfight around 10:30 p.m., police say.

Police say residents should call them if they see something suspicious. In other words, pick up the phone and not a pistol.

The car burglars shot at Jones, who was also armed and shot back.

"He fired three shots back at them," Raabe said.

Jones, 53, was not hit - neither were the burglars.

Police are looking for the two burglars and witnesses who may have seen the gun battle, Raabe said.

They are also investigating Jones' account of the shooting.

Efforts to reach Jones Friday were unsuccessful.

"We would rather they call the police," Raabe said. "I understand everyone has the right to protect their property ... but we would rather they call police."

A person who shoots a burglar can face criminal charges, regardless of whether it was self-defense. The person must prove to a jury he didn't provoke the incident, believed he was in danger of death or great harm and attempted to leave the situation, said Mark Piepmeier, assistant Hamilton County prosecutor.