Albany, Oregon

From July 1, 2006 KGW channel 8:

ALBANY, Ore. -- A 16-year-old man was shot dead Saturday by an Albany homeowner who believed the teen was breaking into her home, police said.

The victim was later identified as Jeremiah D. O’Sullivan of Albany, said Capt. Eric Carter, a spokesman for Albany Police.

Police said around 2:30 a.m. a homeowner at 2726 S.E. 27th Avenue reported that someone had entered her home, took her purse, car keys and then stole her Buick car. A half hour later, an Albany police officer spotted the stolen car parked near 2496 S.E. 22nd Avenue with a man standing next to it, he said.

The man ran towards the backyard at 2496 S.E. 22nd Avenue and minutes later the officer heard a gunshot. Police officers found O’Sullivan in an adjacent yard with a gunshot wound to his chest, Carter said.

From the Albany Democrat-Herald of September 21, 2006

DA: No charges in youth’s shooting

There is no reasonable doubt Bruce Gosnell acted in self-defense, Jason Carlile says

No criminal charges will be filed against Bruce Gosnell Jr., who fatally shot a 16-year-old boy he thought was breaking into his home in Albany, Linn County District Attorney Jason Carlile has decided.

Jeremiah “Jeremy” O’Sullivan was shot at about 3 a.m. on July 1. Gosnell had woken up to noises in his backyard and saw O’Sullivan at an open, screened window of his house in the 2400 block of 22nd Avenue S.E.

The shooting followed a crime spree by several teenagers including O’Sullivan, which started the evening before and included boys drinking at the Albany Skatepark, car prowls, a burglary and a “joy ride” in a stolen car, according to Albany police.

In a two-page letter to Albany Police Detective Ryon McHuron containing his conclusions about the case, DA Carlile wrote:

“Based upon the facts established by the investigation, no criminal charges will be filed against Bruce Gosnell. The law in Oregon requires the state to prove beyond a reasonable doubt that the self-defense does not apply. Under the facts here, that would be impossible.

“The physical and other evidence accumulated in this investigation is consistent with the Gosnells’ statements. His behavior immediately following the shooting also substantiates his version of the event. Gosnell said he fired the shot that caused the death of Jeremy O’Sullivan because he thought an intruder was trying to break into his home and he was in fear for his safety and the safety of his wife and children. Such belief was reasonable under the circumstances.”

(Much more detail)