Archive for May, 2005

Orlando, Florida

From the Orlando Sentinel of May 31, 2005

Widow uses gun, instincts to fend off burgler (sic)

Judith Kuntz, 64, hunkered down in her darkened bedroom late Sunday evening, arming herself with a revolver.

A burglar had just broken into her Indialantic home and, fearing for her life, she said she let her instincts take over.

When the burglar, who had a flashlight, entered the room, Kuntz fired one round from her .38-caliber handgun.

Hit squarely in the chest, the unidentified intruder ran outside, where he collapsed and died.

On Monday, Kuntz was still shaken, but she briefly recalled her ordeal.

“I’m doing fine under the circumstances,” she said. “I don’t take any joy in somebody being dead. My self-preservation instinct took over.”

She would not discuss the incident further.

“I don’t feel real safe,” said Kuntz, who has lived alone since her husband died nearly five years ago. “This has been a horrifying experience.”

The Brevard County Sheriff’s Office said she was justified in defending herself and will not face charges. The revolver was hers, inherited through her family, investigators said.

From May 31, 2005 Florida Today:

Jason Lewis Preston was having marital and financial trouble in Eaton Rapids, Mich., when he arrived in Indialantic last week to spend time with a cousin, according to police.

Now, Brevard County sheriff’s investigators want to know why the 33-year-old unemployed maintenance worker decided Sunday to burglarize the home of a 64-year-old widow.

The nighttime break-in ended with a startled Judith Kuntz pulling out her .38 caliber handgun and shooting Preston to death.

“He came down to stay with some family and said he was just going to make a little money, maybe do some odd jobs,” said Brevard County Sheriff’s Agent Lou Heyn.

Heyn doesn’t yet have a clear motive for the burglary. Investigators said the shooting death appears justifiable.

Preston has a criminal record that includes assault and breaking and entering (see story at right).

More detail from May 31, 2005 WFTV.com:

INDIALANTIC, Fla. — A 64-year-old woman fatally shot an intruder who broke into her home.

Judith Kuntz was awakened by the sound of breaking glass late Sunday. She fired her revolver from about a distance of about 10 feet as the intruder entered her bedroom.

“I’m doing fine under the circumstances,” Kuntz said Monday. “I don’t take any joy in somebody being dead. My self-preservation instinct took over.”

The case was being treated as a lawful shooting, said Agent Lou Heyn of the Brevard County Sheriff’s Office.

Fort Myers, Florida

From the Fort Myers News-Press of May 30, 2005

Man takes shots at fleeing suspect

Customer charged with attempted shoplifting

A customer fired shots at a shoplifting suspect’s car on Sunday as he tried to flee a Publix in Fort Myers.

Donald Biggs, 69, of Fort Myers, who sometimes works in security, said he wasn’t aiming at the suspect.

He was worried that the suspect could have run over people as he fled, Biggs said.

“They were getting in his way, and he was trying to get away,” Donald Biggs, 69, of Fort Myers. He fired two shots at the tires.

Matthew Depalma, 38, allegedly tried to steal merchandise at about 5:30 p.m. at the store on 3255 Cleveland Ave.

The store manager confronted him as he tried to leave, and he dropped the merchandise, police said. The manager tried to detain him, but the suspect struggled with the manager and a security officer.

The confrontation continued into the parking lot as Depalma got into his vehicle. Biggs ran to his car and retrieved his gun. As Depalma tried to drive away, Biggs fired shots at the tires of the car, but didn’t stop the suspect from fleeing.

Depalma was taken into custody after witnesses provided a tag number and the Lee County Sheriff’s Office located his car at his home in Cape Coral.

Depalma was charged with attempted retail theft, three counts of resisting a merchant, and leaving the scene of an accident with property damage and personal injury. He was held at the Lee County Jail.

Biggs said he has a license to carry a gun. He has not been charged.

San Diego, California

From the San Diego Union-Tribune of May 28, 2005

Pharmacy employee shoots, kills robber

Worker says he was threatened

An employee of a North Park pharmacy said he shot and killed a man who tried to rob the business and then threatened him with a weapon, police said.

The attempted robbery of the Fed RX Pharmacy on 30th Street at Lincoln Avenue was reported to police at 11:36 a.m., said San Diego police Lt. Kevin Rooney.

Patrol officers arrived at the scene six minutes later and found the body of David S. Robuck, 32, slumped inside the front door. Three hours later, the weapon that he had reportedly tried to grab just before the shooting was still tucked into his waistband, Rooney said.

Police later determined the weapon was a plastic replica revolver.

The intruder was wearing sunglasses, dark clothing and latex gloves, Rooney said. Before he was shot, he demanded prescription drugs and reached for the weapon in his waistband, Rooney said.

The employee told police he recognized the man as someone who had robbed the business of prescription drugs on April 11.

Rooney said he was not sure whether the victim had been involved in the April robbery.

You’ve got to love California–the robber is the “victim”.

Detroit, Michigan

From Detroit‘s ClickOnDetroit.com of May 27, 2005

Local Homeowner Shoots, Kills Intruder

Police Say No Charges Expected In Case

A local homeowner shot and killed an intruder who entered his home overnight, Local 4 reported.

The 70-year-old Detroit resident fired four shots at a man who apparently broke into the home on the 3200 block of Fullerton.

The suspect was taken to a local hospital, where he was pronounced dead at about 4 a.m. on Friday, the station reported.

Neighbors said the homeowner had a right to protect himself against the suspected robber.

“That’s his house. He had to protect himself,” said Jay Miller, a neighbor.

Curly Humphry, an 86-year-old neighbor who lives on his own, said he also keeps guns in his home to protect himself, the station reported.

“I’ve got a .38 rifle (and) a shotgun,” Humphry said.

Police continue to investigate the shooting, but no charges are expected in the case.

Wichita Falls, Texas

From Wichita Falls’ KFDX.com of May 26, 2005

LIQUOR STORE ROBBERY

A Wichita Falls man is out of the hospital and now faces a charge after police say he was shot trying to rob a liquor store. 21 year old Ervin Flint is charged with robbery. Police say, about seven last night, Flint entered Mike`s Cut Rate Liquor on Kemp, and threatened the assistant manager with a bottle. Authorities say that`s when the worker chased Flint from the store and shot him with a 38 caliber pistol in the back of the leg. Police say the manager will not be charged.

Cloverdale, Georgia

From the Savannah Morning News of May 25, 2005

Shooting victim was harrassing ex-girlfriend

Carey Heyward was shot and killed after stalking the mother of his child, a police report says.

A 26-year-old woman called Savannah-Chatham Metropolitan Police twice Monday night and early Tuesday to complain about Heyward’s harassment, according to a police report.

She made the second call after her friend, Darryl Kent, shot and killed Heyward as he tried to break into the woman’s Cloverdale home.

When police arrived at 1434 Chevy Chase Road around 3:15 a.m. Tuesday, they found Heyward, 35, lying in the backyard with a gunshot wound to the bottom of his face, the report says.

He was dead at the scene, emergency workers told police.

Heyward and the Cloverdale woman used to live together, but separated about three months ago. They had a 10-month-old daughter, the woman told police.

But according to the police report, the woman had previous problems with Heyward and had even taken out a restraining order against him prohibiting any further contact.

Heyward ignored the order this week when he showed up at his ex-girlfriend’s home.

The first time, he rang the door bell and yelled for the woman to answer the door. After she refused, he broke a front window and tried to climb in, the report says.

The woman called police.

Heyward finally left when he saw Kent inside the home, according to the report.

Kent, who was over to watch television, decided to stay the night in case Heyward returned, the woman told police.
And that’s what happened.

Around 3 a.m., the couple awoke to tapping on the window and the sound of Heyward calling the woman’s name, the report says.

She shouted for him to go away and said she was calling police.

As she was about to dial 911, she heard glass break and then a gunshot, the report says.

Then she ran outside and called 911. No one inside the house was hurt, police said.

Police arrived to find Heyward dead. A .380-caliber semi-automatic weapon lay on the sofa, next to the front door, according to the report.

Police declined to say if Heyward had a weapon.

Police questioned Kent, 38, and released him without charges, police spokesman Bucky Burnsed said.

The police interview will be forwarded to the Chatham County District Attorney’s Office and may be presented to the grand jury, police said.

Georgia law says a person can threaten or use force against another to defend himself against force that is likely to cause death or great injury, or when it is to prevent the commission of a forcible felony.

Georgia corrections department records show that Heyward has been in and out of jail since 1989 on various charges, including aggravated assault, possession of cocaine and obstruction of a law enforcement officer.

Greenbrier, Tennessee

From Nashville’s WSMV.com of May 23, 2005

Clerks shoots suspected robber

Greenbrier police are investigating a robbery that led to a shooting at a gun store on Monday. Authorities say a man walked into an indoor gun range and store on Highway 41 and stole several guns.

“He came in and he was threatening to the employee and did try to take several weapons and he tried to leave with them,” say police.

The suspect, Courtney Hall II, walked into “Guns and Leather Indoor Gun Range” pretending to be a customer and stole several weapons. But when he kept returning, the clerk knew something wasn’t right.

When the employee saw Hall make a run to the door of the business, he noticed the suspect was trying to take more weapons from the store.

The clerk shot Hall twice in the lower waist and shoulder. He was taken by Life Flight to Vanderbilt Medical Hospital in critical condition.

The owner of the business says his worker feared for his life since Hall had several weapons in his waistband and he did not wan (sic) to take any chances.

Oklahoma City, Oklahoma

From ChannelOklahoma.com of May 18, 2005

Alleged Intruder Shot By Homeowner

Suspect In Serious Condition; Police Say Case Still Under Investigation

An intruder got more than he bargained for Tuesday night when he allegedly tried to break into a home in northwest Oklahoma City.

Oklahoma City police said a woman shot Ervin Donaldson twice in the chest while he tried to break into her home at 1221 N. Woodward St. near Northwest 12th Street and Grand Avenue. Officers said Donaldson knocked on the back door of the house just after 10:30 p.m Tuesday, asked to use the phone, then tried to force his way into the home.

A man who also lives in the house apparently confronted Donaldson and started fighting him. Lt. Don Holland said that’s when the man’s wife pulled out the gun and opened fire.

“The information we got … he came to the back door, knocked on the door, (then the) homeowner came to the back door, (and) an altercation occurred at the back door,” Holland said.

Donaldson was in serious condition Wednesday at the University of Oklahoma Medical Center. Police said the man who confronted him was also shot once in the hand, but added that his injuries aren’t considered serious.

Police were continuing their investigation Wednesday evening. Officers said it would be up to the district attorney to decide whether the shooting was justified.

According to state prison records, Donaldson spent time in prison for seven burglaries committed over two days in 1997. He also served time on drug and trespassing charges in 1996.

Pittsburgh, Pennsylvania

From the Pittsburgh Post-Gazette of May 17, 2005

Intruder shot at North Side food bank

A food bank supervisor on the North Side shot and wounded an intruder who apparently brandished a screwdriver when confronted in the freezer area.

Kenneth Mathews, 45, of Sedgwick Street in Manchester was arraigned at Allegheny General Hospital on charges of burglary, robbery, possession of instruments of crime and fictitious reports to law enforcement.

Police said Mathews lied to police by telling an officer he was shot during a drive-by.

In fact, police said, Mathews had broken into the Love Food Bank, a subsidiary of Bethel Assembly of Pittsburgh, in the 2400 block of California Avenue.

In an affidavit, police said William Zapf encountered Mathews about 10 p.m. Mathews was armed with the screwdriver he had used to break into the food bank. Mathews shoved Zapf “nearly to the ground,” police said.

“Zapf was in fear for his safety. Zapf shot Mathews in apparent self-defense,” the affidavit said.
Police said Mathews was shot in the calf.

The investigation is ongoing.

The Rev. Gregory Hammond of the Bethel Assembly of God church said Zapf was a hunter and sportsman and carried a registered handgun.

Caldwell, Idaho

From the May 17, 2005 [Boise] Idaho Statesman:

CALDWELL — Retired mechanic Warren Harlow was asleep at 9:30 p.m. Sunday when his wife woke him because she heard a racket in the basement of their Denver Street home.

Harlow, 77, grabbed his antique .22 pistol and headed downstairs to find an intruder halfway in a sink below a broken out window.

Harlow told the man to leave but the man came at him, police said.

“I batted him on the head with the pistol. That didn’t get no attention. He turned on me. I put a bullet in the cement wall,” Harlow said.

The man ran to the furnace room, turned and the two men struggled again, Harlow said.

“I told him I was going to shoot him if he didn’t stop,” Harlow said. “I protected my family and I protected myself.”

Caldwell police officers arrived about that time to take the man into custody.

Athens, Georgia

From the Athens Banner-Herald of May 16, 2005
(Requires free registration)

Man shot in neighborhood gunbattle

One man was hospitalized after being shot in the chest while trying to break into an apartment in The Hill Top Apartment Complex, located on the corner of Carr Street and Appleby Drive Sunday evening, according to Athens-Clarke County police.

Around 6 p.m. Sunday a late-model black Acura with several passengers pulled up in front of one of the complex’s buildings facing Appleby Drive, police said. One of the passengers then ran up to a second floor apartment and kicked in the door, according to Athens-Clarke Police Lt. Melodi Bennett. He was brandishing a pistol, Bennett added.

The man inside the apartment also had a pistol and shot the man in the chest as he came through the door, she said.

A gunfight ensued as the suspect who had kicked in the door ran down the front porch of the apartment building and down Appleby Drive toward Carr Street, she said. He then collapsed and passed out in the Town View Apartment complex, across Carr Street from the Hill Top complex, and was taken away in police custody in an ambulance, said Bennett.

Meanwhile, as the man who had been shot fled, at least one other passenger in the black Acura opened fire on the apartment building with a shotgun, according to police. Police recovered several shotgun shell casings from the area, and their investigation is ongoing.

“The suspect who was shot said this started with an argument at the Ramsey Center earlier today,” Bennett said. “But we just don’t know yet. We are still investigating.”

(More)

Scottdale, Pennsylvania

From PittsburghLive.com of May 14, 2005

Everson robbery attempt foiled

A pair of suspected burglars got a rude surprise while allegedly breaking into a Scottdale-area home Friday. A gun-toting relative backed up by state police descended on them so quickly that the alleged burglars couldn’t return to their waiting car and fled on foot.

The troopers happened to be in Scottdale, where 12 people accused in an unrelated burglary ring were being arraigned.

The incident occurred near the border of Fayette and Westmoreland counties.

The alleged burglars appeared to have scouted homes in Upper Tyrone Township as well. Neighbors complained about two hour-long response times by police after their homes were ransacked.

But not yesterday.

“I got here, and police were all over the place. They brought the one (suspect) back here, and he was bold. He looked right at me,” said Ted Huffman, where the break-in attempt occurred. “I’m just thankful for my neighbors who were watching.”

The Huffmans were not at home, but a suspicious neighbor, wary after two prior daytime burglaries, called police and Huffman when an unknown car with two black men inside was seen cruising through the neighborhood.

A relative of the Huffmans arrived, confronted the men with a pistol and ordered them to the ground. When they ran, the relative fired several warning shots. Police arrived moments later.

In the manhunt that followed in and around the borough of Everson, police took three people into custody — one of the suspects and two women from Wilkinsburg who said they had been called to give the alleged burglars a ride.

(More)

Columbus, Ohio

From Columbus’ NBC4.com of March 30, 2005

Guard Shoots Two At Local Apartment Complex

Shooter Says He Acted In Self-Defense

Police are investigating a shooting Wednesday evening by an apartment complex security guard that left two people hospitalized, NBC 4’s Teresa Garcia reported.

The shooting happened at about 6 p.m. at the Rustic Ridge apartment complex on Vineshire Drive on the city’s east side.

The guard, Cornell McCleary, said the men were causing problems, refused to leave and then became violent, and that he acted in self-defense, Garcia reported. McCleary is a local radio talk-show host and community activist.

Police said the incident started as an exchange of words but quickly turned into a shooting.

A woman said her nephew had just returned home from work when he allegedly was approached by a group of young men. She said he was approached because he was wearing a red shirt.

“It’s a damn shame that you can’t wear what you want to wear,” she said. “The guy approached my nephew thinking he was in a gang.”

That’s when police said McCleary got involved.

“By this time it escalated to about 10 to 12 guys,” McCleary said. “They were threatening the guy to kill him.”

Columbus Police Detective Jim Day said McCleary told the group of men to leave, but they didn’t.

McCleary said one of the men punched him in the face.

“For no reason one of them hit me and stunned me real bad,” McCleary said. “I spinned around and they were moving in. I turned my head around and they hit me again and others were moving in. So I fired. I engaged them and fired.”

McCleary said he shot two men he said were attacking him.

The men, Mark Harmon, 20, and Kevin Gullick, 36, were transported to Grant Medical Center. Harmon, who was shot in the foot, was treated and released. Gullick was shot several times and remains in serious condition.

McCleary was interviewed at police headquarters. No charges were immediately filed. An investigation will continue.

According to McCleary’s bio on the WTVN-AM Web site, he has been a private investigator for 20 years and is certified by the state as an expert and instructor in the patrol of private property and in self-defense.

McCleary said that if he wasn’t at the apartment complex, someone would have died.

“They were giving the gang signs,” McCleary said. “They stood there for about five minutes threatening to kill that resident. They were working themselves into a frenzy. There was no doubt in my mind that had I not been there, they probably would have killed someone.”

No subsequent stories about this incident were found.

Abilene, Texas

From the Abilene Reporter-News of May 5, 2005

Boy, 14, sentenced to juvenile facility

A juvenile who was shot by a pizza delivery driver after attempting to rob him in March was sent this week to a state juvenile facility.

The 14-year-old boy was placed in a facility overseen by the Texas Youth Commission, the state’s juvenile correction agency, said Harriett Haag, Taylor County’s juvenile prosecutor. The placement of the boy stems from a March 17 incident in which Abilene police said two armed juveniles were shot by a Pizza Hut delivery driver after they attempted to rob him. A third boy also was involved.

The minimum stay in the facility is generally two years, Haag said. After the boy is released from the facility, the state will continue to supervise him until he turns 21, she said.

Cases involving two other juveniles connected with the shooting are pending in the district attorney’s office, Haag said.

Police originally investigated the incident in the 1300 block of Westmoreland Street as a drive-by shooting. During the investigation, the 35-year-old pizza delivery driver called police and told them he had just shot two juveniles who tried to rob him, according to police.

A 16-year-old boy was shot in the head and was treated and released.

The 14-year-old boy was shot in the chest. He was released from Hendrick Medical Center and detained by police in April.

A third boy, also 16, who police suspected to be involved turned himself in, said Sgt. Kim Vickers.

The pizza delivery driver did not have a permit to carry a gun. Taylor County District Attorney James Eidson said Abilene police have not sent his office a case about the driver.

Sacramento, California

From Sacramento’s KCRAchannel.com of March 30, 2005

Police: Chainsaw, Shotgun Involved In Weekend Shooting

1 Dead After Altercation On South Sacramento Street

Sacramento police are searching at least one person involved in a shooting that happened Sunday afternoon.

Investigators said the incident happened on Scarborough way in south Sacramento, and involved a man armed with a chainsaw and another armed with a shotgun.

Police said they believe a car with three people inside randomly stopped on the street near Mack Road and Highway 99 and an altercation with the victim followed.

“The victim retrieved (the chainsaw) from the trunk and was swinging it at one of the occupants of the car, who in turn fired back at the victim,” Sacramento Police Department Sgt. Bob McCloskey said.

The man with the chainsaw, whose identity has not been released, was pronounced dead at the scene.

The people in the car fled the scene. Police said it’s believed they live in the area.

News of the shooting shocked nearby residents.

“It’s a quiet neighborhood, everybody is pretty respectable, nothing like that ever happens around here,” resident Jim Devissher said.

No subsequent stories about this incident were found.