Hurricane, Utah

From the Salt Lake City Tribune of March 26, 2007

Millard, Washington residents fire back, leaving one attacker dead

Homeowners in Millard and Washington counties repelled invaders with firearms this weekend, leaving one attacker dead.

Police say the man who was killed had reportedly forced his way into a Hurricane home to beat the occupant with a metal pipe.
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A similar encounter turned deadly in Washington County, where police say two men - who investigators believe meant to harm someone - forced their way into a Hurricane home on Saturday about 6:45 p.m. and assaulted the occupant with a pipe.

The victim was badly beaten before he grabbed a handgun and fatally shot one of the attackers, said Hurricane Police Sgt. Brandon Buell.

The other man fled and remains at large.

Police did not release the names of the people involved in the Hurricane assault.

The investigation is not complete, but Buell said the shooting appears to be self-defense. He declined to say whether the residents in Millard and Washington counties acted appropriately, only that people have the "right to protect themselves from injury or death."

See previous post for the first incident.

From the Salt Lake City Tribune of April 15, 2007

Charges filed against mayor's nephew in shooting

The man shot an alleged intruder, but is charged with illegal possession of a firearm and drugs

Charges have been filed against three people, including the mayor's nephew, in connection with a shooting here that left an alleged intruder dead three weeks ago.

Deputy County Attorney Ryan Shaum said convicted felon Danny Dutton, who is accused in the shooting, was charged Friday with possession of a weapon by a restricted person, a second-degree felony, and two counts of possession of a controlled substance.

Dutton is the nephew of Hurricane Mayor Tom Hirschi.

Court papers say Dutton shot and killed Aaron Barbosa during a March break-in at Dutton's apartment. Barbosa hit Dutton on the arm with a steel pipe when Dutton opened the apartment door, police say.
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The press releases also stated that the alleged shooter acted in self-defense, even though the investigative report had not yet been handed over to the Washington County Attorney's Office.

From the Salt Lake Tribune of September 4, 2007

Catch-22: Man who killed intruder acted justifiably but will stand trial for illegally possessing the gun

Authorities have determined Danny Dutton acted in self-defense when he shot and killed a violent intruder at his Hurricane apartment earlier this year.

But in a case of legal Catch-22, Dutton has been ordered to stand trial for possessing the gun he used to kill Aaron Rondan Barbosa during a March 24 break-in.

Because of a 2004 felony conviction for cultivating marijuana, Dutton - a nephew of Hurricane Mayor Tom Hirschi - is prohibited from possessing firearms.

Following a June preliminary hearing, defense attorney Gary Pendleton filed a motion to dismiss the charge, citing case law recognizing that even a convicted felon may be entitled to use a gun in a life-or-death situation.

Deputy Washington County Attorney Eric Gentry countered that the motion was premature and that prosecutors are not required at this stage to negate Dutton's claim of self-defense.

Gentry also noted that during the preliminary hearing, the state had produced evidence that Dutton possessed the gun before, during and after the shooting, and was sufficiently aware of its location that he was able to immediately retrieve it.

Judge G. Rand Beacham last week agreed with prosecutors that the defense motion was premature, but he said the issue may be raised again prior to trial.

A scheduling hearing for Dutton is set for Sept. 13. If convicted of the second-degree felony weapons charge, he faces up to 15 years in prison.

Dutton is also charged with three class B misdemeanor counts of illegal possession of a controlled substance in connection with prescription medication allegedly found by police at his apartment following the shooting.

The shooting episode began when Barbosa and another man knocked on the door of the apartment Dutton, 22, shares with a male roommate.

When Dutton answered the door, Barbosa entered and began beating Dutton with a metal pipe, breaking Dutton's arm, according to court documents.

Dutton shouted at the intruders that they had "the wrong man," but Barbosa continued beating Dutton, who retreated to the kitchen, grabbed a .357-caliber handgun and shot Barbosa.

The other man, Juan Gonzalez, fled in a vehicle driven by Lucinda Ann Corral, but later confirmed Dutton's version of events.

Gonzalez also told police that Corral and Barbosa were "discussing payment after the job was done," as they were driving to Dutton's residence, according to court documents.

Corral, 30, has pleaded guilty to second-degree felony aggravated assault and faces up to 15 years in prison when she is sentenced Sept. 24 by Judge Beacham.

Gonzalez has not been charged, according to court records.

Also being prosecuted in connection with the shooting is Dutton's roommate, Shane Leland Norris, 27, and Bow-Dee Woodgeard, 20.

Norris is charged with third-degree felony drug possession, and class B misdemeanor counts of drug possession and possession of drug paraphernalia.

Woodgeard, 20, who has a prior felony conviction for manufacture of a controlled substance, is charged with second-degree felony possession of a dangerous weapon by a restricted person.

Meanwhile, Dutton has been charged in federal court with being a felon in possession of a handgun and ammunition on May 7 in Washington County, a crime punishable by up to 10 years in prison.