Wednesday, July 9, 2008

Texas: Fireworks stand owner shoots alleged burglar

Montgomery County, Texas

From the Conroe Courier of July 9, 2008
Fireworks stand owner shoots alleged burglar

A West Montgomery County homeowner shot and wounded a man he believes was trying to burglarize a fireworks stand on his property early Tuesday morning.

Jacob Kelly, 19, who lives in East County on West Geronimo Trail near the Midway area between Conroe and Cleveland, was in stable condition Tuesday at Conroe Regional Medical Center.

According to a report released by the Montgomery County Sheriff’s Office, Montgomery-area resident Fred Cook told investigators he woke up just after 12:30 a.m. and was in the kitchen of his home in the 9600 block of FM 149 near Keenan Cutoff Road when he saw a white male allegedly burglarizing his fireworks stand. The report states Cook woke his girlfriend and told her to call 9-1-1 while he went outside armed with a 12-gauge shotgun and confronted the intruder, later identified as Kelly.

Cook told Kelly to stop, according to the report, and Kelly allegedly turned toward Cook, who fired the weapon, striking Kelly in the arm, torso and legs. Despite being wounded, Kelly fled the scene on foot and was later found and arrested in the 9900 block of FM 149. Montgomery County EMS transported Kelly to the hospital.

Detective Michael Landrum is investigating the case, which will be forwarded to a grand jury for review of possible charges against Cook. Burglary charges are pending against Kelly.

Public Data shows Kelly was convicted of assault causing bodily injury in May in connection with an incident that occurred in November. He was sentenced to 120 days in jail, with credit for time served.

Landrum’s report stated Cook claimed there was a second person and that he heard gunshots in the wooded area where the pair fled after the confrontation. No description of the second burglar was available.

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