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Officer: Homeowner wrong to confront intruder
Josey1
Member Posts: 9,598 ✭✭
An intruder awakens you trying to get inside your home. Still on your property when you find him, you tell him to leave and warn twice, yet he still approaches. He covers the last five feet between you, and what would this officer have you do? Wait til your wife is dead before stopping him!Someone explain to me why Michigan cops pronounce judgements to the press regarding ongoing cases.BTW - by their own admission, the cops didn't arrive until seven minutes after being called.
Officer: Homeowner wrong to confront intruder Thursday, November 29, 2001By Ken Kolker The Grand Rapids Press
CEDAR SPRINGS -- The Cedar Springs police officer who investigated the fatal shooting of an intruder said the homeowner who fired the shot never should have confronted the man in the first place."In my opinion, I would not have gone outside," said Officer Jack Peters, who had searched for the intruder just an hour before the shooting at 153 W. Pine St. "If the guy's just outside, you wait for the police to get there."Peters said the shooting of Kevin Lee Salinas, 22, followed a tense confrontation in the back yard of the homeowner, 48-year-old Robert Clarke, just before 3:30 a.m. Saturday.But the officer said investigators found no evidence the intruder committed a felony.Kent County Prosecutor William Forsyth was expected to rule late this week or early next week whether Clarke, who lives at the home with his wife and five children, should face a criminal charge.The Clarke family had never given police any problems, and Clarke has no criminal record, Peters said. "They're good people," he said. "I'm sure he felt his family was in danger. He obviously did."Shortly after 2 a.m., Peters was patrolling West Pine Street, about 100 to 200 yards from the Clarke home, when he came across two hitchhiking men who appeared to be drunk."My lights hit them, and they took off running," he said.One man hid behind a tree and a telephone pole, but he was wearing an orange shirt and was easy to catch, Peters said. That man was drunk and wanted on a warrant. After arresting him, Peters and a Kent County sheriff's deputy turned to search for the second man, who turned out to be Salinas, he said.Peters said he got Salinas' name from the other man, then called for him. "Come out Kevin," he said he yelled. "We're not going to arrest you if you haven't done anything."I knew he wasn't going to come out," he said.Salinas was on probation for a larceny conviction and was to appear Monday in Kent County Circuit Court to stand trial for a July incident. In that case, he allegedly assaulted an ex-girlfriend after breaking into her home, then knocked down a neighbor's porch with his car while trying to chase the woman and the neighbor.After failing to find Salinas early Saturday, Peters drove the other man to the Kent County Jail in Grand Rapids. He said he was headed back to Cedar Springs, still not far from the jail, when he got the second call. He was the only Cedar Springs officer on duty.Clarke's wife, Valerie, was awakened by a noise and woke up her husband, Peters said. The husband kept a 9 mm semi-automatic handgun in the house. The family told police the intruder was checking their doors and windows.As Robert Clarke was investigating, his wife was calling 911 at 3:27 a.m., police said.But Clarke was carrying a flashlight, not a gun, when he opened his back slider door and looked outside, Peters said. He shone the light on Salinas, who was near some outbuildings in the back yard, Clarke told police."He believed he was trying to get into those buildings as well," Peters said.Instead of leaving, Salinas walked toward the light and the house, Clarke told police. Clarke said he got his gun and watched as Salinas kept walking toward him.Police have said Clarke warned him at least twice to get off his property, but he kept approaching. Clarke told police that Salinas appeared drunk but gave no indication he was armed, Peters said.Salinas was on the back porch, about five feet from Clarke and walking toward him when the homeowner pulled the trigger, he told police. The shot struck Salinas in the abdomen.A Kent County 911 dispatcher was still on the phone and heard the shot. Clarke went into his house, put away his gun and waited inside with his wife and five children.Kent County sheriff's deputies arrived seven minutes after the 911 call, followed less than two minutes later by Peters.Salinas lay on the porch bleeding but still conscious when police arrived, Peters said. "He was stating that his stomach hurt and that he wanted to throw up," the officer said."Most of the time, he wasn't making any sense."He was curled up and kicking his legs, making it difficult for rescue workers to give him first aid, Peters said. Salinas died about eight hours later at Spectrum Health Butterworth in Grand Rapids.Peters said investigators have found no evidence that Salinas tried to break into the house or committed a felony."If Salinas only walked onto someone's property and was jiggling door knobs -- we've been able to discern so far that's what it was -- that's trespassing," Peters said.The Clarke family has "expressed remorse for the situation, not so much for the action," Peters said. "He's going to be second-guessed the rest of his life..."Rockford District Judge Steven Servaas, who would hold the preliminary hearing if charges were filed against Clarke, said a citizen has a right to use deadly force "if a number of things occur."Servaas said he wasn't aware of the details of the Cedar Springs case and couldn't discuss it since no charges have been filed.In the case of self-defense, a person needs to show he had no reasonable way to retreat, he said. He might be able to run from a knife, but not a gun, for instance, Servaas said.And they are not likely to face charges for shooting a burglar inside their home, Servaas said."The rule of thumb is, if someone is breaking into your house, you have no duty to retreat from your house," Servaas said. "That's your last bastion."Forsyth decided earlier this month not to charge a 50-year-old Grand Rapids man who shot and wounded a teen-ager who reportedly kicked in the man's front door.The prosecutor called the shooting justified.A 1990 state Supreme Court ruling allows a person to use deadly force against fleeing felons, but it doesn't appear that would apply in this case since Cedar Springs police said they found no evidence that Salinas committed a felony, and he wasn't fleeing.Servaas relied on the Supreme Court ruling a decade ago when he dismissed charges against a Sparta man who shot into a car being used by four teen-agers after they broke into his West Side General Store on Camp Lake. Forsyth had charged the store owner with reckless discharge of a firearm. http://gr.mlive.com/news/index.ssf?/news/stories/20011129gcsfolo29110804.frm [This message has been edited by Josey1 (edited 11-29-2001).]
Officer: Homeowner wrong to confront intruder Thursday, November 29, 2001By Ken Kolker The Grand Rapids Press
CEDAR SPRINGS -- The Cedar Springs police officer who investigated the fatal shooting of an intruder said the homeowner who fired the shot never should have confronted the man in the first place."In my opinion, I would not have gone outside," said Officer Jack Peters, who had searched for the intruder just an hour before the shooting at 153 W. Pine St. "If the guy's just outside, you wait for the police to get there."Peters said the shooting of Kevin Lee Salinas, 22, followed a tense confrontation in the back yard of the homeowner, 48-year-old Robert Clarke, just before 3:30 a.m. Saturday.But the officer said investigators found no evidence the intruder committed a felony.Kent County Prosecutor William Forsyth was expected to rule late this week or early next week whether Clarke, who lives at the home with his wife and five children, should face a criminal charge.The Clarke family had never given police any problems, and Clarke has no criminal record, Peters said. "They're good people," he said. "I'm sure he felt his family was in danger. He obviously did."Shortly after 2 a.m., Peters was patrolling West Pine Street, about 100 to 200 yards from the Clarke home, when he came across two hitchhiking men who appeared to be drunk."My lights hit them, and they took off running," he said.One man hid behind a tree and a telephone pole, but he was wearing an orange shirt and was easy to catch, Peters said. That man was drunk and wanted on a warrant. After arresting him, Peters and a Kent County sheriff's deputy turned to search for the second man, who turned out to be Salinas, he said.Peters said he got Salinas' name from the other man, then called for him. "Come out Kevin," he said he yelled. "We're not going to arrest you if you haven't done anything."I knew he wasn't going to come out," he said.Salinas was on probation for a larceny conviction and was to appear Monday in Kent County Circuit Court to stand trial for a July incident. In that case, he allegedly assaulted an ex-girlfriend after breaking into her home, then knocked down a neighbor's porch with his car while trying to chase the woman and the neighbor.After failing to find Salinas early Saturday, Peters drove the other man to the Kent County Jail in Grand Rapids. He said he was headed back to Cedar Springs, still not far from the jail, when he got the second call. He was the only Cedar Springs officer on duty.Clarke's wife, Valerie, was awakened by a noise and woke up her husband, Peters said. The husband kept a 9 mm semi-automatic handgun in the house. The family told police the intruder was checking their doors and windows.As Robert Clarke was investigating, his wife was calling 911 at 3:27 a.m., police said.But Clarke was carrying a flashlight, not a gun, when he opened his back slider door and looked outside, Peters said. He shone the light on Salinas, who was near some outbuildings in the back yard, Clarke told police."He believed he was trying to get into those buildings as well," Peters said.Instead of leaving, Salinas walked toward the light and the house, Clarke told police. Clarke said he got his gun and watched as Salinas kept walking toward him.Police have said Clarke warned him at least twice to get off his property, but he kept approaching. Clarke told police that Salinas appeared drunk but gave no indication he was armed, Peters said.Salinas was on the back porch, about five feet from Clarke and walking toward him when the homeowner pulled the trigger, he told police. The shot struck Salinas in the abdomen.A Kent County 911 dispatcher was still on the phone and heard the shot. Clarke went into his house, put away his gun and waited inside with his wife and five children.Kent County sheriff's deputies arrived seven minutes after the 911 call, followed less than two minutes later by Peters.Salinas lay on the porch bleeding but still conscious when police arrived, Peters said. "He was stating that his stomach hurt and that he wanted to throw up," the officer said."Most of the time, he wasn't making any sense."He was curled up and kicking his legs, making it difficult for rescue workers to give him first aid, Peters said. Salinas died about eight hours later at Spectrum Health Butterworth in Grand Rapids.Peters said investigators have found no evidence that Salinas tried to break into the house or committed a felony."If Salinas only walked onto someone's property and was jiggling door knobs -- we've been able to discern so far that's what it was -- that's trespassing," Peters said.The Clarke family has "expressed remorse for the situation, not so much for the action," Peters said. "He's going to be second-guessed the rest of his life..."Rockford District Judge Steven Servaas, who would hold the preliminary hearing if charges were filed against Clarke, said a citizen has a right to use deadly force "if a number of things occur."Servaas said he wasn't aware of the details of the Cedar Springs case and couldn't discuss it since no charges have been filed.In the case of self-defense, a person needs to show he had no reasonable way to retreat, he said. He might be able to run from a knife, but not a gun, for instance, Servaas said.And they are not likely to face charges for shooting a burglar inside their home, Servaas said."The rule of thumb is, if someone is breaking into your house, you have no duty to retreat from your house," Servaas said. "That's your last bastion."Forsyth decided earlier this month not to charge a 50-year-old Grand Rapids man who shot and wounded a teen-ager who reportedly kicked in the man's front door.The prosecutor called the shooting justified.A 1990 state Supreme Court ruling allows a person to use deadly force against fleeing felons, but it doesn't appear that would apply in this case since Cedar Springs police said they found no evidence that Salinas committed a felony, and he wasn't fleeing.Servaas relied on the Supreme Court ruling a decade ago when he dismissed charges against a Sparta man who shot into a car being used by four teen-agers after they broke into his West Side General Store on Camp Lake. Forsyth had charged the store owner with reckless discharge of a firearm. http://gr.mlive.com/news/index.ssf?/news/stories/20011129gcsfolo29110804.frm [This message has been edited by Josey1 (edited 11-29-2001).]
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Certified SIG pistol armorer/FFL Dealer/Full time Peace Officer, Moderator of the General Discussion Board on Gunbroker. Visit www.gunbroker.com, the premier gun auction site on the Net! Email davidnunn@texoma.net Jesus is Lord!
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Gun Control Disarms Victims, NOT Criminals
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Lord Lowrider the LoquaciousMember:Secret Select Society of Suave Stylish Smoking Jackets She was only a fisherman's daughter,But when she saw my rod she reeled.
You have GOT to be kidding me!! Shooting a guy with a gun is self defense, but if he's got a knife and charges you with it, if you DONT turn tail and run away you are going to be charged????Talk about turning America over to the scumbags. That's truly insulting and idiotic.
Home of the Blue AngelsProviding a home for discontinued .22 Revolvers and PistolsHaving a gun in your possession is a full-time job.You cannot guess; you cannot forget.NRA & 2nd Amendment Sisters MemberNever miss a good chance to shut up (Will Rogers)[This message has been edited by 22WRF (edited 11-30-2001).]
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