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Self Defense in the news
Josey1
Member Posts: 9,598 ✭✭
IF YOU HAVE A CCW OR OWN A GUN,KNOW YOUR STATES LAWS ON SELF DEFENSE FOLKS.
Car owner arrested in death of would-be thief
The Associated Press
A suspected car burglar was shot and killed by the car's owner, who fired from his balcony after witnessing the break-in, police said.
Sean Minor was arrested after the shooting early Tuesday in an apartment complex in eastern New Orleans. The 19-year-old male who was killed was not identified.
Minor witnessed two men breaking into cars, and fired a handgun from his second-floor balcony after they broke into his Nissan, police said. The wounded burglary suspect was shot in the face and chest. He ran several feet, collapsed and was pronounced dead at the scene.
The second suspect fled and is wanted on auto burglary charges.
Police said Minor was arrested for manslaughter because he was not in danger of losing his life or receiving great * harm.
Meanwhile, apartment complex residents said they are fed up with car thieves. Sonya Heisser, whose car has been broken into four times, said she heard the gunshots overnight.
"I don't care where they get shot," Heisser said. "This area is prone to have cars broken into. This is a message to people who want to break into cars in this area."
A spokesman for a victims' rights group said it is possible that the shooting was justified.
"We don't know all the facts," said Sandy Krasnoff, of Victims and Citizens Against Crime. "One of the two that got away may have had a gun or may have waved it at him, so it may be a valid defense."
http://www.heraldtribune.com/apps/pbcs.dll/article?Date=20020827&Category=APN&ArtNo=208270789&Ref=AR
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Car owner arrested in death of would-be thief
The Associated Press
A suspected car burglar was shot and killed by the car's owner, who fired from his balcony after witnessing the break-in, police said.
Sean Minor was arrested after the shooting early Tuesday in an apartment complex in eastern New Orleans. The 19-year-old male who was killed was not identified.
Minor witnessed two men breaking into cars, and fired a handgun from his second-floor balcony after they broke into his Nissan, police said. The wounded burglary suspect was shot in the face and chest. He ran several feet, collapsed and was pronounced dead at the scene.
The second suspect fled and is wanted on auto burglary charges.
Police said Minor was arrested for manslaughter because he was not in danger of losing his life or receiving great * harm.
Meanwhile, apartment complex residents said they are fed up with car thieves. Sonya Heisser, whose car has been broken into four times, said she heard the gunshots overnight.
"I don't care where they get shot," Heisser said. "This area is prone to have cars broken into. This is a message to people who want to break into cars in this area."
A spokesman for a victims' rights group said it is possible that the shooting was justified.
"We don't know all the facts," said Sandy Krasnoff, of Victims and Citizens Against Crime. "One of the two that got away may have had a gun or may have waved it at him, so it may be a valid defense."
http://www.heraldtribune.com/apps/pbcs.dll/article?Date=20020827&Category=APN&ArtNo=208270789&Ref=AR
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Comments
Posted: 11:31 a.m. EDT May 23, 2003
MERRITT ISLAND, Fla. -- A would-be burglar of a gun business was injured by a gunshot early this morning after the owner of the business discovered him and another man inside the store, sheriff's officials told WKMG partner, Florida Today.
Florida Today reported that Brevard County Sheriff's deputies responded at 4:18 a.m. to the Mailorder Gun Connection at 3420 N. Courtenay Blvd.
Officials said John Wolfram responded to his store after an alarm went off and found two men inside. When one of them appeared to have a gun, the owner fired a shot from his own gun, grazing the burglar's arm.
Joseph Campbell, 18, of Merritt Island and Aaron Huck, 20, of Indian Harbour Beach were arrested. Campbell was being treated at Wuesthoff Medical Center in Rockledge for injuries that were not serious, officials said.
Both have been charged with armed burglary, grand theft of firearms, use of a firearm in commission of a felony and possession of burglary tools.
Sheriff's officials defended Wolfram's actions.
"A citizen has the right to defend his/her property. If the citizen has a reasonable fear that they are in imminent danger of death or great * harm then they are justified in using whatever force, to include deadly force, to protect their life," said Brevard Sheriff Phil Williams.
Wolfram has the shop alarm set up to go off at his home if someone enters his shop after hours. When he arrived, Wolfram noticed the air conditioning unit pulled out of the wall.
http://www.local6.com/orlpn/news/stories/news-222473620030523-100553.html
Copyright 2003 by Local6.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
April 17, 2002
BETHLEHEM
A man who tried to rob Figueroa's Market, 1227 Pembroke Road, Saturday was chased off when an employee confronted him with a gun.
After entering the market, Emmanuel Collazo DeLeon Jr., 21, of 420 W. Lehigh St., told owner Andres Rivera to give him money, according to police.
Rivera told DeLeon there was no money, and DeLeon punched Rivera in the face, police said. An employee grabbed a gun from under the counter, pointed it at DeLeon and told him to leave, police said.
DeLeon was apprehended a short distance away and charged with simple assault and attempted robbery.
He was taken to Northampton County Prison under $10,000 bail.
Copyright c 2002, The Morning Call
http://www.mcall.com/news/local/police/all-4rob-apr17.story
Store owner in armed standoff with suspects
Palatka Daily News
An armed standoff with an Interlachen store owner resulted in the arrest of three young men on attempted robbery charges Monday afternoon, according to Putnam County sheriff's reports.
Deputies were dispatched to the Bravo Store and Market at 318 Atlantic Ave. in Interlachen where the store owner, Agustin Bravo, reported that two armed men came into his store demanding money.
Bravo told deputies the two men were armed with small semi-automatic handguns. One of the suspects wore a bandana across his face, while the other wore a hat.
Bravo said he refused to hand over the money and retrieved his own gun, ordering the robbers to leave, the report says. Moments later, two customers entered the store. The two suspects fled from the store.
The customers probably prevented a shootout, according to a news release from the sheriff's office.
Interlachen police asked the sheriff's office to handle the investigation.
Several additional sheriff's office units and a state Department of Corrections Bloodhound Unit converged on the area. They did not find the suspects after an initial search of the area on foot.
Several minutes into the search, a citizen called the sheriff's office to report that several people in a black Ford Taurus were armed with guns. The citizen provided a tag number, which was registered to a person in Palatka.
Investigators responded to Stucky's Pawn Shop, west of Interlachen, where a young male had just pawned a shotgun. Witnesses confirmed that the black Ford Taurus had left the store heading east on State Road 20. A witness also said they had seen more than one gun in the car and one of the people was wearing a bandana.
A short time later, Sgt. Richard Harrell saw the Ford Taurus at the Handy Way Food Store west of Interlachen. As Harrell pulled up to the car, three men fled on foot. Harrell chased one of the men, identified as Brian C. Bispham, 19, of Interlachen, capturing him a short distance away. A search of the area revealed a bandana and a handgun.
Numerous deputies and detectives converged on the area and caught the two other suspects. Det. George Traber captured Robert J. Kimball, 21, of Bostwick as he tried to leave the area. Det. John Merchant caught Robert Waylon Smith, 17, also of Bostwick, as he ran from the back of the Handy Way.
Detectives continued their investigation by interviewing several other young people that were in the Ford Taurus around the time of the attempted robbery. The investigation is continuing into the other people's involvement.
Bispham, Kimball and Smith were booked into the county jail where they were charged with attempted armed robbery. Smith was released to the custody of the state Department of Juvenile Justice.
http://www.palatkadailynews.com/pages/04172002/store.html
Traffic dispute turns deadly at intersection
By LISA TEACHEY
Copyright 2002 Houston Chronicle
A driver shot to death during an apparent road rage incident at a busy intersection was identified today as Marcus Shane Peacock of Sugar Land.
Several motorists and pedestrians, who witnessed the incident Wednesday night, told police that Peacock was driving a Mercedes-Benz and cut off another vehicle about 6:45 p.m. on Richmond at Shepherd.
According to a police report released today, homicide investigators believe Peacock, 38, of the 2600 block of Fairway, intentionally positioned his car to block the path of a Honda sport utility vehicle.
When the vehicles came to a stop, police said, Peacock got out of his car, walked back to the SUV and pounded so hard on the driver's side window that it shattered.
The 32-year-old driver of the SUV, who has a permit to carry a concealed handgun, fired his gun four or five times at Peacock, striking him in the chest.
Peacock was taken to Ben Taub Hospital where he later died.
The case has been referred to a Harris County grand jury without charges. The panel will have to determine if the shooting was a valid case of self-defense.
http://www.chron.com/cs/CDA/story.hts/metropolitan/1371954
Store Owner Takes Shot At Would-Be Robber
Police Aren't Sure If Suspect Was Injured
Posted: 3:38 p.m. CDT April 17, 2002
Updated: 4:15 p.m. CDT April 17, 2002
OKLAHOMA CITY -- A man broke into the Nichols Hills Golf and Repair shop Wednesday morning, and returned to finish the job after being scared off by police, authorities said.
Officers are still searching for the suspect, who is accused of breaking out a glass door at the golf shop at around 1:30 a.m. before being scared off by officers.
The owner of the store arrived at the scene and boarded up the door before falling asleep on the couch.
Then, at around 5:30 a.m., the golf store owner said the suspect came back to finish the job.
According to police, the owner told the suspect to stop, but when he didn't, the owner fired his gun.
Blood was found at the scene, but officers said they are not sure if the suspect was hit.
Copyright 2002 by ChannelOklahoma.com. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
http://www.channeloklahoma.com/okl/news/stories/news-140396920020417-150455.html
SUV driver fatally shoots
attacker at intersection
A man who police said deliberately cut off and blocked the path of a sport utility vehicle was shot to death after he approached the driver of the SUV and punched out a window with his fist.
Marcus Shane Peacock, 38, of Sugar Land, died at Ben Taub General Hospital after the altercation Wednesday evening at a busy intersection in southwest Houston. David Russo, 32, fired his gun, hitting Peacock in the chest several times after Peacock beat so hard on the driver's side window of his Honda SUV that it broke, police said. Peacock had blocked Russo's path, then got out of his Mercedes to approach Russo, authorities said.
Russo, who has a Texas concealed-handgun license, has not been charged.
http://www.dfw.com/mld/startelegram/news/state/3095276.htm
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
his guns but lowers dad's rap
By NANCIE L. KATZ
DAILY NEWS STAFF WRITER
Ronald Dixon
Brooklyn prosecutors back-pedaled yesterday on weapons charges against a Navy veteran who shot an intruder in his home - but would not drop the case.
Prosecutor Dawn Flowers moved to reduce the charge against Ronald Dixon to attempted possession from illegal possession. A conviction would not require a jury trial and could land Dixon in prison for up to 90 days instead of a year.
"He says he had the gun," Flowers told Brooklyn Criminal Court Judge Alvin Yearwood. "There are no facts in dispute for a jury to find."
Dixon, 27, shot and wounded Ivan Thompson after catching the career burglar prowling in his toddler's room on Dec. 14. Dixon is not charged in the shooting.
Defense attorney Andrew Friedman called the offer from the Brooklyn district attorney's office hypocritical. "I would suggest the people are seeking to avoid a jury case to prevent the citizens of Brooklyn from making a determination whether Dixon is guilty or not," Friedman said.
Yearwood will rule on the motion Tuesday.
Dixon gained widespread sympathy after he was charged with a crime for defending his family.
He said he bought his pistol in Florida, where gun purchases require no paperwork, and tried to register it here. Brooklyn District Attorney Charles Hynes has said he found no proof the Jamaican immigrant attempted to make the gun legal in New York.
The district attorney first offered a plea deal that would have allowed Dixon to spend four weekends in jail. Dixon rejected that offer, saying he has to work every day to pay his mortgage and support his family.
Yesterday, Hynes spokesman Jerry Schmetterer said the DA is backing off slightly because the case calls for "tempering justice with mercy."
Dixon said he was disappointed in the new offer.
"I was hoping it was going to be dismissed," he said.
http://www.nydailynews.com/news/crime_file/story/66374p-61830c.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878<P>
Nash County Woman Murdered; Two Suspects In Custody
Kamal Wallace, Staff Writer
POSTED: 12:25 p.m. EDT August 14, 2002
UPDATED: 9:41 p.m. EDT August 14, 2002
WILSON, N.C. -- A woman who survived tuberculosis and cancer did not live through a home invasion. Two suspects are in custody and authorities are looking for a third person.
Mattie Keen, a Nash County woman who survived tuberculosis and cancer, was killed during a home invasion Tuesday night.
Police say three black men knocked on the door of Kenneth Keen's home, asking for assistance. Authorities say when they went outside, one of the men pulled a gun. Police say Kenneth Keen was able to run back inside, but he was later shot. Authorities say the suspects then forced their way in and one of them shot 73-year-old Mattie Keen.
Police say Kenneth Keen was able to shoot one of the suspects, Orlando Fonta Faison, who was taken to Pitt Memorial Hospital. Another suspect, Terro Deshon Ward, 18, of Wilson, was taken into custody. He was charged with first-degree murder, first-degree burglary, attempted murder and attempted armed robbery. The third suspect is still on the run.
Mattie Keen, who survived tuberculosis and cancer, was seen by many as a pillar in the community.
"The people of this community are very supportive of the family because the family has always been very supportive of the community," Jack Smith, a Keen relative, said. "Anytime anything was going on in the community, they were a part of it. The community is saddened because of the loss and outraged because it was so unnecessary."
Authorities said Kenneth Keen, who was also taken to Pitt Memorial, is expected to be released Thursday.
The Nash County Sheriff's Office is offering a $2,000 reward for information leading to the arrest of the third suspect.
http://www.wral.com/news/1612269/detail.html
Reporter/Photographer: Brian Bowman
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By Tim Rowden
Of The Post-Dispatch
Felix Valdez, a 36-year-old High Ridge man who fatally shot the father of his 18-year-old girlfriend, appears to have acted in self-defense, Jefferson County Prosecutor Bob Wilkins said Tuesday
Moments before the fatal shot was fired Monday, authorities said, Valdez pleaded with a 911 operator to rush police to his home in the 2500 block of Plymouth Drive in the Cape Town South subdivision in northern Jefferson County.
"At this time, based upon the evidence I have available to me, it appears that this is a justifiable homicide," Wilkins said. "Tragic, but justifiable."
Police said Tim Burton, 40, of the Fenton area, was fatally wounded as he attempted to crawl through a window that he had broken out on the front porch of the house after threatening to kill Valdez and his 13-year-old daughter.
Wilkins said Valdez, who was arrested Monday, was ordered released while police continue to investigate.
Police said the trouble started about 6:45 a.m. Monday when Burton went to Valdez's house armed with a baseball bat and a knife, and shattered a window on the porch.
Authorities said Burton fled before police arrived but repeatedly telephoned and threatened Valdez throughout the day.
Police said Burton returned to the house with three other men at 1:38 p.m. and tried to get inside.
Investigators believe that Burton may have been watching the house because sheriff's deputies had only recently left the scene.
Authorities said Valdez could be heard on the 911 tape telling the operator that Burton was coming closer and was threatening to kill them.
Valdez said he fired as Burton reached through the window in an attempt to grab the gun.
Authorities said the other men, two of whom have been questioned by police, fled the scene after the shooting and pushed Burton away as he staggered toward the car.
Burton and Valdez had once been friends and had lived together at the house in High Ridge, authorities said.
Police said the relationship soured when Valdez, who was married, became romantically involved with Burton's daughter and asked his wife and Burton to leave.
http://home.post-dispatch.com/channel/pdweb.nsf/TodayWednesday/86256A0E0068FE5086256C1500348104?OpenDocument&PubWrapper=Metro
Published in Metro on Wednesday, August 14, 2002.
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Intruders met with pistol; carjacking linked to getaway
By Gregg Mayer
gmayer@clarionledger.com
Two men eluded capture Monday after kicking in a Jackson man's front door, exchanging a hail of gunfire with the homeowner and then carjacking a woman at gunpoint.
No one is believed to have been injured in the morning attempted burglary-turned-carjacking. The suspects were last seen in a carjacked red Ford Escort but police say they don't know the identities of the two men.
Both are described as black, with one wearing a striped shirt and blue jeans and the other wearing a white shirt and dark colored pants.
"All I knew to do was to do what was natural and that's defend yourself," said P.D. Searcy, the McRaven Road homeowner who said he fired 10 rounds from his gun at the intruders. "It scared me to death."
The attempted burglary may be linked to a recent house burglary in Clinton, said Clinton Police Chief Don Byington. The Clinton victims, whose front door also was kicked in and their home robbed, described to police a similar get-away vehicle - a white Chevrolet Malibu. The two suspects drove an identical vehicle to Searcy's home but abandoned it during the gun battle.
Evidence found inside the Malibu, which was also stolen, may be linked to the Clinton burglary, though Jackson police didn't want to elaborate what the evidence was.
Searcy, a 28-year-old Army veteran, awoke shortly after 7 a.m. to turn off an alarm clock. As he went to his kitchen, he heard slamming against his door and ran back to his bedroom to retrieve his pistol.
"It sounded like somebody was throwing bowling balls at the door," Searcy said.
When he returned, the bottom panel of his door had been kicked in and one of the intruders was crawling through. Searcy said the suspect rushed back out the door when he saw him and then gunfire was exchanged, with the suspect shooting through the front door and Searcy shooting through the kicked-out panel. Searcy said he's not sure whether he injured one of the intruders. Jackson Police spokesman Robert Graham said there's been no evidence found that would indicate anyone was injured.
The suspects fled down McRaven and stopped a woman as she slowed down in her Ford Escort.
"(The driver) thought they were attempting to cross the street," Graham said. "One allegedly pulled a weapon out of his pants and told her to give him the vehicle or he would shoot her."
The Ford Escort has a Hinds County license plate NJE 626. The female driver, who was not injured, was not identified.
Graham said the two men drove the vehicle east on McRaven heading toward Jackson.
Searcy said Monday he's moving out of Jackson.
"I can't do this city living," Searcy said. "I'm moving to the middle of nowhere."
http://www.clarionledger.com/news/0208/27/m04.html
Anyone with information about this crime should call Jackson's Precinct 2 at 960-2421.
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By Yolanda Jones
yojones@gomemphis.com
August 27, 2002
They lived in the same Frayser neighborhood about a block from each other, a teenager with a troubled background and an elderly man who had owned his home for more than 30 years.
Their lives collided in a moment of violence Sunday.
Donnie M. Weathers, 63, told police he shot and killed 19-year-old Otis L. Yarbrough as the young man and an accomplice broke into his home at 2814 Northmeade.
Memphis police continued to search for the second suspect Monday.
According to police reports, this is what happened:
Weathers, 63, told police he was home alone and was attempting to take a nap at 1:20 p.m. when he heard someone trying to get into his house.
When he got up to check the noise, he saw two men entering through a door to his patio that had been locked. He said the two men were on the patio and were trying to enter his home through a sliding glass door.
He told officers one of the intruders appeared to have a gun.
Weathers fired several shots at the two men. The report did not indicate what kind of weapon Weathers used or when or where he got it.
Yarbrough was hit once in the head. The second suspect ran from the house. It is not known if he was injured.
Weathers called 911 and reported the burglary. When police arrived, Yarbrough was dead. Police would not say if they recovered a weapon that might have been carried by one of the intruders.
The Commercial Appeal could not reach Weathers Monday. A chain-link fence surrounding his brick home was padlocked, and an unidentified woman who answered his telephone said Weathers could not come to the phone.
According to county assessor records, Weathers brought the home in Brookmeade Estates, off Rangeline, in 1967.
Yarbrough's address is listed in the 3800 block of Coral, about a block away from Weathers's home.
Yarbrough, who attended Trezevant High School, has a lengthy criminal history dating to 1993 when he was arrested for shoplifting at age 10.
Juvenile court records show that from 1993 to 2001, he was in Shelby County Juvenile Court on misdemeanor charges ranging from shoplifting to theft of a vehicle.
He was placed on probation in several of the cases and counseled by juvenile authorities.
In March 1998, when he was arrested for criminal trespass, the court took custody away from his mother. He was turned over to the Youth Services Bureau.
As an adult, General Sessions court records show, Yarbrough pleaded guilty last year to charges of assault, possession of crack cocaine and criminal trespass.
He paid a $750 fine on the drug charge and served one day in jail on the criminal trespass and assault charge.
Police said they have some leads about the second suspect but need the public's help to find him.
Anyone with information is asked to call Crime Stoppers at 528-CASH or the homicide bureau at 545-5300.
http://www.gomemphis.com/mca/local_news/article/0,1426,MCA_437_1350105,00.html
- Yolanda Jones: 529-2380
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
"First thing I saw was the knife...and I went out there. I grabbed the knife...and I just attacked him ...I just stabbed him."
That's coming from a young mother who says she lost control and did what she had to do to protect her baby girl.
Police say the mother and friends caught a man in the act of raping a 2-year-old girl.
The man was a guest at a house party on Perez Street on the West Side.
News 4 has spoke to the woman to get her side of the story.
Imagine walking into you little girl's room and seeing a trusted family friend trying to rape her while she's sleeping.
The suspect is in jail, but not for that act.
The mother says, "We saw him on the floor, on his knees. He had one hand on her back and one on her butt. His pants were down...and I couldn't believe what I was seeing. I was in shock I couldn't believe what I was seeing.
Then she went to call the cops and he ran.
"Then I saw the knife...and I grabbed it, and I just attacked him. I just stabbed him."
The suspect began bleeding all over but was able to run and jump in his car.
Cops caught 30-year-old Linus Rich nearby and arrested him.
"I was just trying to take care of my little girl..I thought he hurt her. I'm just glad I was here....I'm glad I showed up when I did."
Rich is in jail, but not for sexual assault.
This mother thinks it's because she caught Rich before he actually did anything.
She hopes that changes, and Rich is put away for awhile so he doesn't do anything like this to any other child.
"Hopefully the detectives will have enough evidence when they're done and they will charge him"
Right now Rich is in jail for a DWI and evading arrest charge.
He's being held on $200-thousand dollars bond.
http://www.kmol.com/Global/story.asp?S=907464&nav=5QT9Aqp8
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
By SHARON TURCO, sturco@news-press.com
A New Smyrna Beach man fatally shot one man and critically injured another when two thieves broke into his North Fort Myers hotel room, grabbed his teenage daughter and tried to rob him at gunpoint, authorities said.
The suspects in the 9:44 a.m. shooting at Howard Johnson, 13000 N. Cleveland Ave., are believed to be the same men responsible for a string of armed robberies at Southwest Florida hotels since Aug. 12, said Lee sheriff's Capt. Richard Chard.
The victm, Steven D. Robery, 46, was treated at the hotel for cuts and bruises. His daughter, Sarina Robey, 16, was not injured, Chard said.
The suspects' names have not been released, pending family notification.
Both were taken to Lee Memorial Hospital where one died and the other is listed in critical condition, deputies said.
The investigation is on-going.
back to local news
http://www.news-press.com/news/today/020824shooting.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
District attorney says he will not file charges
Web posted Friday, August 23, 2002
Have a thought? Go to the Forums or Chat.
By Greg Rickabaugh
Staff Writer
A 90-year-old retired doctor who fatally shot an intruder in his Augusta home was acting in self-defense and will not be charged, authorities said Thursday.
Police say Gilbert L. Klemann feared for his safety when he shot George Thurman Epperly late Wednesday just after the burglar pushed him to the ground inside the home on Holly Hill Road.
"Dr. Klemann was well within his rights under the law in using deadly force to kill the burglar," District Attorney Danny Craig said. "The case will not be presented to a grand jury."
Mr. Epperly, a convicted felon, had done odd jobs around the doctor's home in recent years. He came to Mr. Klemann's home Wednesday night and argued with him about tools he said he needed to pick up, police said.
Mr. Klemann said he thought he was about to be conned, so he got into his car and circled the neighborhood, thinking the man would leave. He returned about 10:30 p.m. and found the man inside his home, ransacking his bedroom, said Sgt. Scott Peebles of the Richmond County Sheriff's Office.
Mr. Klemann told police that Mr. Epperly then demanded money from him and pushed him to the ground. Mr. Klemann said he gave up his wallet and $35 cash, but the man wanted more.
When Mr. Epperly came at him again, this time with a jar of change in his hands, Mr. Klemann pulled a .22-caliber derringer from his pocket and shot the intruder in the chest, Sgt. Peebles said.
"The guy was definitely treating him in a threatening manner," the sergeant said.
After the shot was fired, Mr. Klemann called 911, telling a dispatcher that he had just shot a man. He asked the dispatcher several times to get an ambulance to the home quickly. Mr. Epperly was taken to Medical College of Georgia Hospital, where he died at 11:16 p.m.
Mr. Klemann complained of chest pains and was treated at University Hospital. Police said he was staying with relatives Thursday.
Mr. Epperly, 42, of Bennock Mill Road, had spent time in prison for burglary and criminal trespass. His family took out a warrant against him earlier this month, accusing him of stealing a relative's car. He was charged Aug. 1 with drunken driving and driving without a license.
Reach Greg Rickabaugh at (706) 828-3851
http://augustachronicle.com/stories/082302/met_174-7462.000.shtml
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
From staff reports editor@kentuckynewera.com
Crime report
A possible home invasion on McHenry Drive was thwarted Wednesday night after an occupant of the house exchanged gunfire with a suspect, city police said.
The incident occurred shortly after 11 p.m.
According to police reports, as a man who had stopped at the home to purchase an amplifier was leaving, another man, wearing a ski mask pushed him aside and attempted to get inside the house.
Derrick T. Lewis told police he slammed the door shut and the masked man apparently fired a gunshot into the door. Lewis then fired two shots through the same door and the masked man and visitor both ran from the scene toward Kirkpatrick Street, police said.
One of the men apparently left a sneaker behind, while fleeing, police said.
No injuries were reported.
http://www.kentuckynewera.com/cgi-bin/view.cgi?/200208/08+Crime-report-08-08-02_news.html+20020808+news
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Pam Louwagie
Star Tribune
Published Aug 22, 2002 BURG22
An unsavvy burglar who was shot by a surprised 79-year-old north Minneapolis homeowner was hit Wednesday with criminal charges.
Jimmie Lee Emerson, 48, was shot about 11 p.m. Monday after he kicked in the back door of Harvey Keefe's house, then tried to open the chained door of the bedroom where Keefe had been sleeping, according to police, a criminal complaint and the homeowner.
"I was scared stiff," Keefe said Wednesday. "I hated like heck to shoot anybody, but what are you gonna do when you're an old man?"
Keefe, a World War II Marine Corps veteran who was wounded twice, said his home of 36 years had been burglarized before, so he took extra security precautions, including chaining his bedroom door shut at night.
He said his pulse raced when he heard somebody ramming the back door of his house, which is just across the street from Theodore Wirth Park. He reached for the .38-caliber revolver on his dresser. When he heard somebody jiggle his bedroom door handle and try to open it, he feared for his life, he said. So he raised his gun to the part of the door where he thought the burglar might be and fired once.
He heard rustling in the dining room outside his door, he said, but didn't hear talking, so he assumed the burglar was alone.
Not knowing where his bullet landed, he called 911 from a phone in his room. He had trouble hearing the operator at first, with the shot still ringing in his ears. "That pistol made a heck of a racket," Keefe said.
He stayed on the line until police lights flashed in his yard and the 911 operator confirmed that it was indeed the authorities.
Police found Emerson about six blocks away when they were called to a medical emergency, the complaint said. He said he was shot in the arm "near the parkway." Police found a trail of blood leading through the neighborhood and back to Keefe's bedroom door. Keefe's VCR had been dumped along the way.
The complaint said Emerson admitted he had been in Keefe's house without permission. He acknowledged that the blood in the house was his, it added.
He was charged in Hennepin County District Court with first-degree burglary. He was under arrest Wednesday at North Memorial Medical Center in Robbinsdale, where he was in stable condition.
Keefe, whose living room is adorned with skeet-shooting trophies, said he doesn't regret firing the shot.
"I know I've done the right thing," he said.
"I'm glad I didn't kill the man, because I'd hate like hell to have that on my conscience, even if he is a bad guy. But I hope he gets enough prison time where I won't see him again in my lifetime."
http://www.startribune.com/stories/462/3180954.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
Semiautomatic gun under pillow foils attempted robbery in hotel room
By SHARON TURCO, sturco@news-press.com
A guest at a North Fort Myers motel shot and killed one man and critically injured another when they forced their way into his room Saturday morning to rob him and his daughter, authorities said.
Lt. Ed Stone examines a handgun on the hood of a Jeep Grand Cherokee, with Deputy Pete Koch, left, and Detective Kevin Ferry. The .45-caliber semiautomatic handgun was used by Steven D. Robey to kill one man and wound another who forced their way into his motel room Saturday morning to rob him and his daughter, authorities said. Photos by STEPHEN HAYFORD/The News-Press
Click on image to enlarge.
Steven D. Robey, 46, who was pinned to his bed with a gun to his head, reached under his pillow for his .45-caliber semi-automatic pistol and shot both men to save his and his daughter's lives.
The suspects shot in the 9:44 a.m. attempted robbery at Howard Johnson, 13000 N. Cleveland Ave., are thought to be responsible for a string of armed robberies at Southwest Florida hotels since Aug. 12, said Lee sheriff's Capt. Richard Chard.
Robey was treated at the hotel for bite wounds to his finger, a swollen foot and minor injuries to his neck, according to a sheriff's office report.
His daughter, Sarina Robey, 16, was not injured, Chard said.
Phillip C. Nelson, 42, of 2145 Barker Blvd. died at Lee Memorial Hospital, where he was taken after being shot.
Ernest Major, 22, who moved to Lee County from West Palm Beach last month, suffered gunshot wounds to his abdomen, arm and leg, Chard said. He was listed in critical but stable condition Saturday night at Lee Memorial Hospital.
Although he remains in the hospital, deputies arrested him on charges of attempted murder, attempted robbery and felony murder, a charge that can be imposed when somebody dies while in the commission of a crime, said Lee Lt. Richard Dobson.
Detectives did not charge Robey with a crime, though the investigation is ongoing.
Robey has a license to carry a concealed weapon, records show.
Dobson said the state attorney's office will look into the shooting and determine whether it was justified.
Chard said the initial investigation shows Robey was in fear of his life and was defending himself.
"A gun was pointed at his head and a man was taking his daughter in the bathroom," Chard said. "I feel I would have responded in the same way."
Robey declined to talk to the media, fearing retribution from the suspect.
The Robeys moved to New Smyrna Beach from Cape Coral last year, but decided to move back.
They were staying in North Fort Myers while house hunting, said Kim Swanson, a spokeswoman for the Lee County Sheriff's Office.
Sarina Robey, 16, is escorted to a motel room Saturday morning at the Howard Johnson by Capt. Richard Chard of the Lee County Sheriff's Office.
Click on image to enlarge.
Investigators spent Saturday interviewing Robey and his daughter to determine what happened.
Early Saturday, his daughter still sleeping, Robey ordered room service. When it didn't come immediately he headed to the hotel's office for a danish and coffee.
"They were most likely waiting for a victim, and saw him walk back to his room," Dobson said.
A few minutes after he got back to the room, there was a knock at the door.
Instead of a hotel employee with breakfast, Nelson was standing there and asked for money, with Major standing off to the side, according to a report.
Investigators said when Robey refused and tried to shut the door, the men pushed their way into the room.
Nelson forced Robey onto the bed holding a gun to his head.
At the same time, Major grabbed Robey's daughter and dragged her into the bathroom.
Investigators said that's when Robey reached for his loaded semi-automatic pistol he had hidden under his pillow, quickly loading a round into the chamber.
Robey turned and fired at Nelson who still held the gun to his head, hitting him several times. Detectives did not discuss the wounds, citing the ongoing investigation.
Then he turned to Major, who was holding his daughter, and emptied the gun at him.
Detectives think Major fired back with a small-caliber handgun at some point, although he did not hit Robey.
"He was in fear for his life, and his daughter's," Chard said.
One of the bullets pierced the wall into another unoccupied room.
Major ran off, as Nelson struggled with Robey, hitting and kicking him, before falling to the floor, dying.
As her father struggled with the attacker, Sarina Robey ran to the front desk, where a clerk called 911.
"She was pretty hysterical," said Megan Geers, 21, who was staying in the hotel with a wedding party. "She was crying a lot. I didn't know what to think."
Alan Wirshborn, the motel's general manager, said nothing like this has happened at the motel since it opened in 1985.
He said the motel was working with authorities, but declined to comment further.
A few minutes later a second call came into the sheriff's office reporting Major was outside 2145 Barker Blvd. severely injured by gunshots.
Major spoke briefly to detectives before paramedics took him to the hospital, Dobson said.
Both men have previously served time in prison on theft convictions, according to Florida Department of Corrections records.
Nelson was last released from prison in July 2000. He's served three prison terms on Lee County convictions of grand theft and carrying a concealed firearm, the records show.
Major was released from prison in July 2001 after serving a two-year sentence in Palm Beach robbery and grand theft convictions, the records show.
Robey has never been arrested, said Dobson, who did a national crime background check on him.
Nelson's death marks the 28th homicide in Lee County this year. Last year 23 people died in homicides in Lee.
Investigators say the suspects may be the same men responsible for a trio of armed robberies at hotels along U.S. 41 and another one last weekend in Charlotte County.
The descriptions of the suspects are similar as is how the suspects' went about robbing the victims, Dobson said.
http://www.news-press.com/news/today/020825shootout.html
"If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of a constitutional privilege." - Arkansas Supreme Court, 1878
The GOOD news:
Frayser (section of Memphis) man justified in Sunday's fatal shooting
By Bill Dries
dries@gomemphis.com
August 28, 2002
Prosecutors decided Tuesday that a fatal shooting in a Frayser home was a justifiable homicide.
Donnie Weathers, 64, told police he shot and killed Otis Yarbrough, 19, Sunday afternoon after Yarbrough and an accomplice broke into his Northmeade home.
The decision not to prosecute Weathers is based on the state's self-defense law, said Deputy Dist. Atty. Gen. James Challen III.
"The law states that if you are in your home and someone that you have not invited is inside, it is presumed that the person is in there to do you harm and you can defend yourself against imminent danger or peril," Challen said.
Use of such force is justified "when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force."
"The person (using justifiable force) must have a reasonable belief that there is an imminent danger of death or serious * injury," the law reads.
The statute makes no mention of whether the intruder must be armed.
The law is also clear that someone confronting an intruder is under no obligation to retreat.
The law covers a wide variety of circumstances that end with one private citizen killing or wounding another and claiming self-defense.
In recent years, it has been applied to home-invasion robberies and carjackings.
"In each case, we evaluate on a case-by-case basis to determine the relationship of the parties involved and if that person inside the home was there unlawfully, meaning they were not invited but either forced or gained entry without permission," Challen said.
One week before the Frayser shooting, Jeffrey S. Rushing, a homeowner in the Raleigh area, shot and killed Jerry L. Brooks, one of two suspects in what the Shelby County Sheriff's Department described as a home-invasion robbery. That case also was ruled a justifiable homicide.
- Bill Dries: 529-2643
Staff reporter Yolanda Jones contributed to this story.
The NOT so good news also in same matter:
Family moves out as gunfire echoes
Shots at home follow killing of intruder
By Yolanda Jones
yojones@gomemphis.com
August 28, 2002
The message was clear, said Donnie Weathers as he and his family packed to leave Frayser on Tuesday.
Shortly after midnight, an unidentified gunman fired three shots into the brick home at 2814 Northmeade.
The shooting came two days after Weathers used a .12-gauge shotgun he bought for deer hunting to shoot at two suspects he caught breaking into his house.
Otis Yarbrough, 19, who lived a block away, was hit in the head by gunfire and died on the scene. The other suspect ran from the house. Police said Tuesday they have identified the suspect and were searching for him.
No one was injured Tuesday morning, but the shooting prompted Weathers, 64, to move from the home where he and his wife have lived for 35 years.
Tuesday afternoon, a moving truck was parked in his driveway and the Weathers family was busy packing.
"When nightfall comes we will be gone," Weathers said. "Our lives are in danger and we are being forced from our home all because I was trying to protect my home."
Police said Weathers told officers one of the suspects appeared to be armed with a rifle. Investigators said Tuesday the weapon was a BB gun.
"I feared for my life after I got up to see what this noise was and found two young guys, who I don't know, on my patio," Weathers said. "I fired two shots and one of them fell and the other one ran.
"I regret this happened," he said.
The District Attorney General's Office ruled the shooting a justifiable homicide Tuesday after reviewing the case and deciding Weathers acted in self-defense. Weathers will not be charged.
This still did not make him rest easy at night, not in a neighborhood where an angry crowd of the dead man's relatives and friends quickly gathered Sunday afternoon as word spread of the shooting.
"I have not slept since Saturday," Weathers said. "Tuesday the gunshots went pow, pow, pow and woke me up just as I was drifting off."
The shooting occurred around midnight as Weathers, his wife and his two adult children were going to bed.
"One of the bullets shattered the glass door on the garage and is lodged in the wall above the washing machine," he said. "We spent the night huddled together in the hall afraid to move."
He said they called 911 on cellular phones and after 30 minutes two patrol officers arrived and took a report.
"I don't know if there was some sort of miscommunication or what, but after nine calls to 911 the police got here 30 minutes later," he said.
Police dispatchers said they got the call at midnight and dispatched the call to the North Precinct immediately. Further details about how police processed the call were not available.
Police took a report on the shooting at 12:30 a.m., but did not remain at the home, Weathers said.
Tuesday morning, he hired a private security company to guard his home.
"I don't want to learn that after we leave today that our home has been reduced to ashes," Weathers said about his decision to hire the armed guard, who watched as the family loaded boxes into the moving truck.
"It saddens me beyond words to be leaving a place we have called home for 35 years. But we are scared."
Lt. E. Vidulich at the North Precinct said that when police learned Tuesday afternoon that Weathers was moving, officers remained on the scene to ensure the family's safety.
Weathers bought the home in 1967, because it was close to Millington. After he retired after 23 years in the Navy, Weathers and his wife decided to stay in the home where they raised their children.
"We were on no timetable to move after 35 years," he said. "When the neighborhood started to change we talked about moving but were in no hurry."
As he walked in his backyard Tuesday surveying his cucumber crop and his apple tree, he said he doesn't recognize his neighborhood anymore.
"I mean when we moved here it was a nice place, but it has progressively gone down hill," he said. "I know some of the longtime neighbors, but I have had problems out of the newer neighbors."
An elderly neighbor refused to talk about the shooting or the neighborhood because she also is afraid. Another neighbor, Ellen Richardson, 59, said she has lived next door for about 21 years and that the Weatherses have been excellent neighbors.
"I hate he's moving," Richardson said. "He's a good neighbor. Now I'm scared of what's going to move in when he moves out.''
Weathers said no one has tried to break into his home before, but windows have been broken by rock-throwers and several items have been stolen from his backyard.
"On July Fourth, I slept with my gun because there were so many guys outside in front of my house setting off firecrackers," he said.
"I didn't know what could happen. I was scared that night and I was scared Sunday and last night. I feel terrible about it all, but what was I supposed to do?"
He said the one thing he can do now is protect his family. He said they are moving to a new home.
"Where we're going I can't say. We're frightened and not young anymore. It is time to go, because things have gotten bad. Really bad here."
- Yolanda Jones: 529-2380
Staff reporter Kevin McKenzie contributed to this story.
Edited by - Larry_K on 08/28/2002 09:16:58
About a year ago I left the front door unlocked. Sometimes, when you shut it, it won't latch. Well, I was sitting at the kitchen table, giving my Glock it's " monthly " when the doorbell rings and this furious pounding starts on the door. Which isn't shut all the way. I put the slide back on my pistol and, not really thinking, grabbed a magazine. When I was little, someone tried to break into our home while I was there by myself...so I'm a little paranoid.
Anyway, I went over to the window and saw to guys wearing suits. One of them had a bible in his hands. Jehovah's witnesses. So, I did what I always do, I IGNORED THEM. Well, this wasn't good enough. The harder they knocked, the more the door opened, and finally, it WAS open. And they just came in. I told them instantly that I wasn't interested and that they needed to leave. I ushered them out the door and shut it- only the taller Witness put his foor there to block the door from closing. He started to push it back open, and was instantly greeted with a large-barreled handgun. They left immediately after that. I felt bad about doing it, but you know, they were trying to force there way in. I can always justify it like this- at least there wasn't a round in the chamber.
" God is in His Heaven, All is Right in the World. "
" God is in His Heaven, All is Right in the World. "