Gainesville, Missouri

From the December 30, 2003 Jefferson City News Tribune:

A coroner’s jury decided that a man was justified in shooting and killing a couple who threatened him at his home near Thornfield last month, and the Ozark County prosecutor said he will not file charges.

Merl Cantwell, 40, and his wife, Tammy, 32, of Isabella, were killed on Nov. 9 by Boyd Merriman. Investigators said the Cantwells had accused Merriman of shooting their dog.

The six jurors agreed unanimously that Merriman acted in self-defense.

Dr. Keith Norton, the pathologist who performed the autopsies, said Merl Cantwell’s blood-alcohol concentration was almost twice the legal limit on the night that he died. Norton also said that the Cantwells had “lethal quantities” of the antidepressant Prozac in their bodies.

Jurors also listened to threatening messages that Merl Cantwell left on Merriman’s answering machine. They deliberated a little more than an hour before returning their verdict.

High Point, North Carolina

From the Greensboro News-Record of December 30, 2003

Property owner shoots burglar

After a struggle, a man shot an intruder who broke into a High Point business he was watching early Monday, sending the burglar to the hospital, police said.

Police identified the injured man as Terry Wayne Combs, 42, of 109 E. Peachtree Drive. He was charged with two counts of felony breaking and entering and one count of felony larceny after receiving treatment at High Point Regional Hospital, police said.

The shooter, Ernest Galloway, 77, suffered scrapes and soreness but was not hospitalized.

According to police, someone broke into Oak View Auto Service at 312 Old Winston Road about 11:20 p.m. Sunday, stole snacks and cash and left before police arrived.

Galloway, who owns the property, decided to watch the business overnight for its owner because several broken doors and windows left the shop open to passersby, he said Monday.

When a man entered about 4 a.m., Galloway confronted him with a .32-caliber rifle, and the two struggled before Galloway regained control of the weapon. At some point, Galloway shot the man in the midsection when the burglar moved toward him again. Police responded shortly after and found both men across the street from the business.

High Point police Detective Ron Meinecke said the District Attorney’s office will decide whether any charges should be filed against Galloway.

Wilmette, Illinois

From the Chicago Tribune of December 31, 2003

(Requires Registration)

Wilmette man shoots intruder in his home

Hours after an intruder used the dog door of a Wilmette home to steal a set of keys and a BMW sports-utility vehicle, the homeowner shot a man he confronted inside the house, authorities said Tuesday.

After being hit twice Monday, the suspect plunged through a front window of the home and escaped, but he was caught a short time later when he drove the stolen SUV to St. Francis Hospital in Evanston seeking treatment for his wounds, police said.

Morio Billings, 31, of the 2100 block of South Trumbull Avenue in Chicago, was charged Tuesday night with two counts of felony residential burglary and one count of felony possession of a stolen motor vehicle, said John Gorman, spokesman for the Cook County state’s attorney’s office.

Billings, who was shot in the left shoulder and left calf, remained hospitalized after surgery, Gorman said. His condition was described as non-life-threatening.

Billings was shot by Hale DeMar, 54, who was home in the 0-99 block of Linden Avenue with his wife and two children when Billings used a key to enter the house, authorities said.

Police would not say whether Billings is suspected in the first burglary when the keys were stolen from DeMar’s house. That incident occurred between 11 p.m. Sunday and 3 a.m. Monday.

“At this point our hearts go out to the residents that suffered this trauma,” said Wilmette police spokesman Roger Ockrim.

…

DeMar is barred from owning a handgun by village ordinance. Ockrim did not know whether DeMar would be charged with any violations.

But he said, “The primary issue is someone has been burglarized and someone has been shot.” Ockrim described DeMar as “understandably upset.”

Police said they will investigate whether the shooting was in self-defense. The state statute dealing with such shootings is open to interpretation, said police and officials with the state’s attorney’s office.

“There’s the letter of the law and the flavor of the law,” Ockrim said. “You can’t make a blanket statement until you’ve conducted an investigation.”

…

Wilmette Village Trustee Beth Lambrecht predicted the firearms ban will be discussed at a future Village Board meeting, either to reconsider the ban or to remind the public of it.

She said using a gun to chase off a burglar is “very risky.”

Another trustee said he didn’t think the incident would lead to a change in the handgun ban.

“It wouldn’t from my viewpoint,” said Trustee James Griffith. “But I’m glad the guy had a gun.”

UPDATE (NBC5.com): “Wilmette police say a homeowner who shot an intruder during a break-in will not be charged with violating the affluent Chicago suburb’s handgun ban.”

The authorities’ collective positions on their handgun ban, and this homeowner’s actions is the quintessence of incoherence.

FURTHER UPDATE (Chicago Tribune): “A Wilmette homeowner who shot and wounded an intruder was charged today with violating the north suburb’s ordinance banning handgun ownership.”

“If convicted, Hale DeMar, 54, faces a fine of up to $750.”

…

“DeMar also is accused of failing to renew his Illinois Firearm Ownership Identification card when it expired in 1988, a Class A misdemeanor.”

“Violation of the firearm registration law carries penalties of up to one year in jail, a $2,500 fine or court supervision or probation.”

Perhaps someday Chicago will join the rest of the country.

Columbia, South Carolina

From the Columbia The State of December 30, 2003

Man shot by store manager, official says

A man found dead on the side of Bluff Road was shot after a confrontation with a store manager who accused him of shoplifting, officials said.

Wyman Lee Williams, 44, of 1123 Abbott Road, was shot in the chest at Rickenbacker’s Party Shop on Bluff Road early Sunday, said Richland County Sheriff’s Department spokesman Lt. Joseph Pellicci. He gave this account of the incident:

Williams went to the store and tried to steal a pack of beer when the 66-year-old clerk confronted him. Williams threw the beer cans at the clerk and beat him while customers looked on. Williams started to leave but then slammed the man to the ground. When he attempted to beat the clerk again, the clerk fired a round, hitting Williams, who then left. The clerk then called the sheriff’s department.

Williams’ body was found about a half mile from the store, but no one knows whether he walked there or someone gave him a ride and dropped him off, Pellicci said.

No charges have been filed against the clerk, whose name has not been released.

Tulsa, Oklahoma

From Tulsa’s KOTV.com of December 29, 2003

Tulsa man shot during carjacking incident

An investigation is underway into a carjacking that’s left a Tulsa man hospitalized.

Tulsa Police found Dave Torres lying in the driveway of a Tulsa residence Sunday. He was shot once in the lower abdomen, when he caught someone stealing his truck.

Torres told police he managed to fire several shots at the suspect, but doesn’t know if he hit him.

Torres wounds are not life threatening.

Brooklyn, New York

From the New York Daily News of December 29, 2003

B’klyn man kills intruder

A Brooklyn man shot dead a would-be robber who had burst into his first-floor Flatbush apartment last night, police said.

“I just shot somebody,” the man said in a call to 911, police said.

The 29-year-old intruder, identified by his girlfriend as Fisher Canton, was gunned down about 6:45 p.m. inside the rear bedroom of the apartment on E. 18th St., near Newkirk Ave., police said.

Police were questioning the apartment resident, who was not identified, and trying to determine if his weapon was registered.

They also were sorting out whether Canton, who was shot in the face, was armed or just pretending to carry a weapon.

…

Third-floor tenant David Colling, 54, defended his neighbor’s actions.

“It could have happened to me,” Colling said. “I guess he did the right thing.”

Building resident Harry Bell, 30, a maintenance worker, said his apartment was broken into about a year ago and thieves stole about $2,000 worth of jewelry.

“I guess you got to do what you got to do to protect yourself,” he said.

Kansas City, Missouri

Brief but clear news report from KCTV, Channel 5 in Kansas City, December 25, 2003:

At about 6 a.m. Thursday, armed robbers hit the Grand Slam Liquors on Sixth Street in Kansas City.

The clerk fired some shots at the robbers, but police officers didn’t think anyone was hit.

However, this Kansas City Star articles the following days (here and here) don’t seem to mention the shots fired.

Thanks to Wince and Nod for the links.

New Orleans, Louisiana

From Baton Rouge’s WAFB.com of December 28, 2003

Man Killed During Attempted Robbery

(New Orleans-AP) — New Orleans police say a man washing his clothes at a coin-operated laundry on Saturday was killed when two masked armed robbers held up the business and the owner shot back.

The two gunmen, both wearing ski masks, entered the “Washateria 7″ at about 8:00 a.m. and demanded money from the 58-year-old laundry owner and a 70-year-old woman cashier. Police say the owner got his pistol and shot several shots at the armed robbers.

Police say Garry Hayes, who was 42, was at the laundry washing his clothes and was shot and collapsed on the sidewalk. Police say no charges have been filed against the owner. Police say the two suspects remain at large and face murder and robbery charges.

Leesville, Louisiana

From Lake Charles’ KPLCTV.com of December 26, 2003

Botched Robbery Leaves Suspect Dead

Police are investigating an attempted armed robbery of a business that left one suspect dead and the business owner wounded.

Leesville police say four men entered a business on Third Street at about 6 p.m. on Tuesday to rob the owner.

One of the suspects was killed in the ensuing gun battle and the business owner was injured and taken to Byrd Hospital where he was treated and released.

The names of the people involved were not released pending notification of the family of the fatally shot suspect.

Police Chief Bobby Hickman says one of the suspects was arrested and booked on a charge of armed robbery.

The two other suspects remained on the loose.

Muskegon, Michigan

From Grand Rapids’ WOODTV.com of December 26, 2003

Muskegon man who shot intruder won’t be charged

A Muskegon man who shot someone as he broke through his front door early Saturday will not be charged. That’s according to a member of the Muskegon County Prosecutor’s Office.

The man who was shot, 20-year-old Demario Leroy Brown, is listed in fair condition at the hospital.

The shooters’ home had been broken into three times before the latest incident and the shooting. Three other people have been charged in the break-in.

The man who was shot has not yet been charged.

Bradenton, Florida

Just about every incident we’ve listed was an upstanding citizen. Here’s one that at first glance is apparently not–but he was still in the right to use deadly force. From the December 21, 2003 Bradenton, Florida Herald:

About 11 p.m., police said, Richard Bing Jr., 35, forced his way into the house at 519 21st Ave. W.

Inside the home, Bing put a gun to a female resident’s head, the woman told police.

Instead of robbing her, police said, Bing was shot to death.

Ronald Cote, who owns the house according to the Manatee County Property Appraisers database, came into the room and shot Bing, killing him instantly, police said. Cote lives at the house with his mother, police said.

Lt. Keith Davis, head of the Bradenton Police Department’s Detective Division, said no charges were filed Saturday and that the shooting appeared justified because it was a home invasion.

“It appears the homeowner was protecting his property and his house, and he was in fear,” Davis said. “It’ll have to be ruled on by the State Attorney’s Office.”

Okay so far. But the news report goes on to explain that Cote isn’t quite the person we would hope for:

Cars are constantly coming and going to Ronald Cote’s house, neighbors say. But there was a deadly difference late Friday night.

…

But neighbors scoffed at the term “home invasion,” saying they are convinced the traffic at the house is drug dealers.

Detective Michael Skoumal said more than one gun was found in the home, but he would not elaborate on whether Bing held a gun. None of the occupants in the house was injured.

No other information was available on the dead man. Skoumal said detectives are investigating whether more people were involved in the attempted robbery.

Neighbors said they heard three gunshots Friday night, then saw a person run from Cote’s home.

“It sounded like someone took a shovel and hit the side of a metal shed,” neighbor Frank Van Horn said. He said he then watched as a man ran from the house yelling, “Get in the truck, get in the truck, he’s dead!”

A woman, who would not identify herself but said she was Cote’s mother, answered the door at the house Saturday. The woman, who said Bing was holding a gun to her head, said Cote saved her life.

“A 23-year-old shouldn’t have to kill somebody,” the woman said.

Police said they interviewed Cote’s mother and that her account of the home invasion appeared to check out.

Bing has a criminal history dating to 1988, according to the Manatee County Circuit Court database. He has been convicted of selling cocaine, domestic battery and aggravated battery.

Cote also has a criminal conviction as a juvenile, and you get the distinct impression that Bing tried to rip off a drug dealer–and lost.

Mobile, Alabama

From the Mobile Register of December 20, 2003

Bystanders assist police in two arrests

Bystanders helped Mobile police make arrests in the recent armed robbery of one restaurant and the attempted theft of a cash register at another restaurant where a person armed with a semiautomatic pistol stopped the would-be thief.

Roy Pope, a soft-spoken computer programmer and restaurant owner, whipped out his .22-caliber pistol Dec. 11 and made a “citizen’s arrest” when a man tried to steal a cash register at a Subway restaurant on Dauphin Street downtown.

“Personally, I feel like I did what needed to be done,” the 37-year-old man said Thursday. “We need more people out there to protect the neighborhood. If we had more people who do that, downtown Mobile would be a much better place.”

…

Mobile police arrested Jacques Jamal James on Nov. 22 shortly after a man armed with a pistol first robbed a Shell gasoline service station in the 3300 block of Spring Hill Avenue and then a Pizza Hut in the 4300 block of Old Shell Road five minutes later.

James, 20, of Mobile was charged with two counts of first-degree robbery and possession of a controlled substance, Gallichant said.

Workers at the Pizza Hut said a man entered the business, demanded money at gunpoint, then fired a shot inside the restaurant, Gallichant said. No one was injured.

An unidentified person trailed the robber until police arrived and made an arrest, the police spokesman said. Workers at the Pizza Hut declined comment.

Macon, Georgia

From the Macon Telegraph of December 19, 2003

Store clerk shoots, kills would-be robber

Uzair Khan looked at the end of a pistol and thought his life was over Wednesday night.

It was just like the story he’d read in the newspaper hours earlier about a fatal armed robbery – except this time it was his store.

Khan was closing up Dani’s Food Mart on Williamson Road in Macon shortly before midnight when Melvin Dugger, 17, walked in waving a gun and demanding money.

Although Khan quickly handed over the cash drawer, Dugger refused to leave.

“I begged him not to shoot me,” Khan said. “But he was looking around, looking around. He wouldn’t leave.”

Those were the last seconds of an armed robbery that seemed like an eternity to Khan. Before it was over, Dugger would be dead, and Khan would be thankful for pulling out his weapon.

“I prayed every day that I never had to kill nobody,” Khan, 33, said. “I never wanted to do anything like that.”

Macon Police Lt. Jimmy Barbee said Thursday that Khan will not face any charges in the shooting, and the store video appears to show that he acted in self-defense.

Naples, Florida

From the Naples Daily News of December 18, 2003

Police: Man caught in the act of robbery

One man held a gun.

The other man held a cigarette.

And this time, it was the smoker who was arrested.

Daniel Albert Neja, 22, of 571 Third Ave. N., Naples, faces burglary and grand theft charges in connection with a home burglary in Golden Gate on Tuesday afternoon, authorities say.

His captor, Michael Furlani, foiled the burglary at his home and held Neja for Collier County sheriff’s deputies.

Deputies’ reports give this account:

At 2:49 p.m., deputies were called to a burglary in the 3500 block of 27th Avenue Southwest.

Furlani had come home from work to find Neja leaving his garage, the automatic garage door closing behind him.

Furlani said he didn’t recognize the man or the cream-colored Infiniti in the driveway. It was parked close to the house, so it couldn’t easily be seen from the road.

Furlani called the Sheriff’s Office and held Neja at gunpoint.

When deputies arrived, Furlani was in the driveway, pointing a gun at Neja, who was smoking a cigarette. Furlani put his gun down when the deputies arrived.

Deputies then arrested Neja and took him to a patrol car. On the way, he admitted to stealing a DVD player and a television.

Furlani told deputies that Neja pleaded with him, saying he was sorry and that he didn’t want to go to jail. He said Neja first said he was a friend of the family, but he couldn’t provide any names. Furlani said Neja was acting irrationally and at one point reached into his car to get a cigarette while they waited.

Deputies found a television and DVD player covered with a sweatshirt in the back of Neja’s car. A drill and the garage door opener also had been stolen. The stolen items were valued at $470, deputies say.

Deputies say Neja broke in through a rear bedroom window.

The reason for the break-in, according to Neja: He had a drug problem and had just moved from Virginia to live with his father.

Clinton, Mississippi

From the Jackson Clarion Ledger of December 20, 2003

Homeowner shoots man in leg during attempted break-in

A suspected auto burglar was shot early Friday morning by a Clinton homeowner awakened when he heard the man pillaging through his truck, police said.

Clinton Police Chief Don Byington said Harold Mitchell Jr., 50, of 2606 Hillside Drive, Clinton, suffered superficial wounds to his leg about 4:45 a.m. Friday. The homeowner fired a warning shot into the air before firing at Mitchell, he said.

The resident, who Byington would not name, shot Mitchell twice with a 9 mm handgun at 235 Saddlewood Drive, Byington said.

Mitchell was taken to the University of Mississippi Medical Center, where he was treated and returned to police custody, Byington said. Mitchell has an extensive criminal history dating to 1971, Byington said, with charges ranging from house burglary to strong arm robbery to cocaine possession.

“It makes you wonder why he was out of jail,” Byington said.

Mitchell was charged with auto burglary and was being held by authorities without bond, Byington said.

No charges were filed against the man who shot Mitchell, Byington said. The case will be presented to a Hinds County grand jury, he said.