San Diego, California

From the San Diego Union-Tribune of August 4, 2007

Couple kill man while defending neighbor, police say

Neighbors shot and killed a man violating a restraining order yesterday after his ex-girlfriend found him inside her University City apartment, police said.

William and Nicole Porter, both 22, were each booked on one count of murder, San Diego police Capt. Mary Cornicelli said yesterday.

The county Medical Examiner's Office identified the victim as Larry Kermit King, 47.

Investigators said they believe the husband and wife each shot King.

The woman found King sleeping inside her apartment – at the Archstone University Towne Centre Apartments on Avenida Navidad near Genesee Avenue – about 1 a.m. when she returned home from work, Cornicelli said.

Police are still trying to determine how he got into the apartment. A restraining order prohibiting King from getting near the woman had been issued Feb. 26 in response to allegations of domestic violence.

The woman woke him up, and the two argued, Cornicelli said. The woman left her first-floor unit and went to the Porters' upstairs apartment to get help.

Minutes later, King pounded on the Porters' door.

“He was yelling . . . 'Come on out. I'm going to kill you,' ” Cornicelli said.

King left after no one answered. Cornicelli said William and Nicole Porter then armed themselves with handguns.

“Then Mr. Porter, obviously feeling threatened for himself, his wife and the other woman, decides to go outside and attempt to hold the suspect for police,” Cornicelli said. Nicole Porter stayed on her balcony.

The two men argued and then fought in a grassy area just outside the apartment. King was shot.

“We believe, at the same time, Mrs. Porter fired from the balcony,” Cornicelli said.

Cornicelli wouldn't say whether King was armed.

“All I can tell you is the deceased did not show or display any weapons,” Cornicelli said.

Paramedics were unable to resuscitate King, who stumbled into the woman's apartment after being shot.

Police recovered a handgun from William Porter and another that they said they believe Nicole Porter used. They had not determined how many times King was shot.

“The case is still pretty active,” Cornicelli said yesterday afternoon. “We've got a guy out there right now still working the scene. We'll get it all together in the next couple days.”

Police have two days to present the case to prosecutors, who will decide whether to charge or release the Porters.