Longview, Washington

From the Longview Daily News of August 30, 2005

Watchman fires at car

What was initially reported as a “drive-by shooting” early Monday morning turned out to be a shot fired in a quite different circumstance.

Longview police were dispatched a few minutes after midnight after a young man called from his home in Longview, reporting that someone in a brown van shot at his vehicle when he and two passengers were driving around in the area of the Mint Farm.

“There wasn’t any warning,” the 22-year-old driver said Monday evening. “There aren’t any ‘no trespassing’ signs out there.”

“We saw a muzzle flash, and the windshield bust open,” he said. “When I got home, I discovered a huge hole in the hood, and the windshield broke from a fragment. But from the angle, it looked like he was firing directly at me, not at my hood.”

Police found a bullet hole in the vehicle, Detective Jim Duscha said.

Police checked out the Mint Farm area and spoke with the night watchman of a truck-driving school, Duscha said.

The watchman told police that he saw a vehicle driving recklessly in the parking lot and cutting cookies on the property. He said he thought the vehicle was going to run him over, so he fired his handgun, Duscha said. No one was injured.

“I think they at least owe me a new windshield,” the driver said.

Police made no arrests. The Cowlitz County Prosecuting Attorney’s Office is reviewing the evidence.

Ewing, Pennsylvania

From the Trenton (NJ) Trentonian of August 31, 2005

Store owner shoots thief in legs

A township liquor store owner hid inside in the darkness early yesterday and confronted a brazen burglar, hitting him with pepper spray, then shooting him in the legs.

Though the suspect, Patrick Falcey, managed to escape from Sherwood Liquor Fair at Spruce Street and Arctic Avenue, police later surrounded his house in Trenton and he surrendered.
…

Baran wouldn’t discuss the showdown inside his store at 6:15 a.m. Police said they were called to a burglary in progress, and when they responded, Baran told them he’d spent the night on guard sleeping in the store, after a recent spree of liquor store burglaries in the area.

“He was asleep behind the counter when he was startled awake by the sound of glass breaking,” Smith reported.

“He activated the store’s silent alarm system and grabbed a can of Pepper Spray and a 9mm handgun. The burglar had his back turned to Baran, unaware of his presence. Baran purposely made a noise so the burglar would turn around and when he did so, he was sprayed in the face with pepper spray,” Smith said.

Baran and the burglar struggled, and when the suspect picked up the hammer he’d used to break the front-door glass, Baran squeezed off two shots, Smith said.

“The burglar then made his way to the door saying something about being shot,” Smith said.

“The burglar … pulled himself into his car and as he did so Baran fired two more shots into the engine compartment of the car.” But the burglar fled the scene.

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Mesa, Arizona

From Phoenix’ AzCentral.com of August 30, 2005

Mesa is near to 2004 count of homicides

Two weekend killings have Mesa edging toward last year’s number of homicides.
…

The first shooting occurred Saturday in the 300 block of East Sixth Avenue after an early morning altercation between two Mesa men, police said.

Russell Wagner, 54, told police he shot Aaron Prescott, 19, after Prescott tried to enter his home about 2:30 a.m. He said he opened his door after hearing yelling outside and Prescott tried to enter through a screen door.

Wagner claims he shot in self-defense and told investigators he didn’t know Prescott, Detective Tim Gaffney said.

Police questioned Wagner and released him.

Warner Robbins, Georgia

From the Macon Telegraph of August 30, 2005
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Pawn shop employee, burglary suspect exchange gunfire

A pawn shop employee escaped injury in an exchange of gunfire with a burglar late Friday night, Warner Robins police say.

Warner Robins police Lt. Bobby Brantley said the suspect also was not hit and fled with a stolen handgun.

The suspect was interrupted by the employee who arrived at the Northside Pawnshop at 1313 Green St. just before midnight.

The suspect was described as a white male, mid-20s, 5 feet 9 inches tall, weighing about 165 pounds with tatoos on both arms.

According to a Warner Robins police news release, the employee responded to the business alarm, which automatically calls his residence when the alarm is sounded. The employee was fired upon as he entered the store and he returned fire. The employee fled the pawn shop and called 911. The suspect also fled.

Buffalo, New York

From the Buffalo News of August 29, 2005

Bar security guard returns gunfire

A security guard at the Copacabana Bar, 751 Fillmore Ave., returned fire early Sunday after shots were fired at him, according to Ferry-Fillmore District officers.

Bobby D. Lee told police that several shots were fired at him at 3:45 a.m. and that “he saw a weapon pointed at him and flash from the muzzle.” He fired three shots from his gun, for which he has a permit, and the man fled east on Broadway.

The shooter was described as a black male, about 23 years old, standing 5-feet-8 and weighing 130 pounds. He had a thin build and was wearing black pants and possibly a black hoody.

Sarasota, Florida

From the Bradenton Herald of August 28, 2005
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Robbery attempted

An armed man and a woman tried to rob a jewelry store Saturday for the second time in three months, authorities said.

The male robber pointed a black semi-automatic gun at the clerk at K’s Jeweler on Bee Ridge Road about 9:30 a.m. and told the clerk not to move, according to a Sarasota County Sheriff’s Office report. When the clerk tried to move to the back of the store, the armed man stopped him.

As the clerk reached for a gun in an ankle holster, the male robber jumped at him, the report stated. They wrestled for the clerk’s firearm but the robber got it. He then ran away from the store with his partner, a woman.

The clerk told authorities that the male robber was wearing a slim, black, nylon “mask” around his eye and nose area, and that the woman had chin-length hair in dreadlocks, according to the report. The couple drove away in a black four-door Mitsubishi or Nissan with tinted windows.

Savannah, Georgia

From Savannah‘s WSAV.com of August 26, 2005

Man Shot During West Savannah Robbery

An attempted robbery was foiled after a woman shot the suspect.

Police said a man was trying to break into an apartment on Greengate Court in west Savannah late Friday night. That’s when the woman living in the apartment shot at the man.

Police did not know how many times the man was shot. There is no word on the extent of his injuries.

From the Savannah Morning News of August 27, 2005

Burglary suspect shot, hospitalized

A man remains in the hospital after a woman shot him when he broke into her westside apartment.

Savannah-Chatham Metropolitan Police have not released the man’s name, but said his injuries are not life-threatening.

The man climbed into a woman’s bathroom window in a Greengate Court apartment around 10 p.m. Friday, according to a police report.

The resident confronted the man, grabbed her gun and fired several shots, police spokesman Bucky Burnsed said.

The man was struck several times, but was still able to stumble out of the apartment and climb into a BMW, the report says.

It is unclear how many times the man was shot and where.

Several minutes later, police were called to Westlake Apartments for reports of a man suffering from several gunshot wounds.

Police found a car with a discription similar to that given by the burglary victim.

The driver and a passenger in the car told police the man came up to them and said “I need a ride to the hospital because I’ve been shot. Don’t stop because I’m going to jail,” the report says.

An emergency medical crew rushed the man to Memorial Health University Medical Center. Police plan to charge him upon his release, the report says.

Detectives interviewed the woman and released her. They have no plans to charge her, according to Burnsed.

“She was protecting her home and herself,” Burnsed added.

The woman was not injured.

Police don’t believe the woman knew the suspected burglar, but said the woman had been victimized before.

“The woman had been burglarized before and decided to arm herself,” Burnsed said.

Taylorsville, Utah

From the Salt Lake Tribune of August 27, 2005

Taylorsville man shoots brother

A 24-year-old Taylorsville man, who shot his sword-wielding younger brother during a fight Thursday morning, was questioned by authorities and released after it was determined the man acted in self-defense. Eric Johnston shot 19-year-old Prentiss Johnston in the chest when Prentiss lunged at Eric with a 3-foot sword, Taylorsville police Sgt. Rosie Rivera said. The fight occurred just after 5 a.m. in the 2200 West block of Whitaker Drive. Prentiss Johnston was flown to LDS Hospital in critical condition where he was later upgraded to serious. Investigators detained and questioned Eric Johnston at the home. He was later released after officers decided the shooting was self-defense, Rivera said. No charges have been filed, but the case remains under investigation.

Reading, Pennsylvania

From Allentown’s TheGALChannel of August 26, 2005

2 Killed In Morning Home Invasion

Two people are dead and two others are hospitalized after an apparent home invasion in Reading.

Police said someone at a home on the 200 block of North Ninth Street called police around 3:30 a.m. to say that someone had broken into the home.

When police arrived at the scene, they found residents Azusena Hernandez-Aviles, 26, and Vicente Aviles-Negron, 34, with gun shot wounds and two men dead.

Police said it appears two men broke into the back of the house, duct taped one resident and forced him to open the front of the house.

“At this point, one of the people inside the house either wrestled with one of the persons, took a gun from them or had a gun of their own,” Capt. Francis Drexler said.

Police said a child living in the home apparently slept through the whole thing.

“They’re really nice people, really respectable,” neighbor Ruth Montanez said.

The brother and sister were hospitalized with their injuries. Aviles-Negron is reported in satisfactory condition and Hernandez-Aviles is in critical condition.

Anchorage, Alaska

From Anchorage’s KTVA.com of August 26, 2005

No Charges Filed

Five months after a fatal shoot out at the Dimond Center Mall we learn there will be no charges filed. On March first of this year, fourteen-year-old Calil Gross-Mininall was fatally wounded after being hit by gunfire. The crime sent shockwaves thru the Anchorage community. Bullets were fired mid afternoon with shoppers just feet away. Today investigators along with the DA’s office say the evidence collected revealed a group of young men including the victim walked out into the parking lot. Gross-Mininall had a handgun, as did another boy. They then say, gross-Mininall fired the first shot, seriously injuring a boy… And then one of the other boys fired back. District Attorney Bob Linton said, “Under these circumstances we concluded that we could not disprove self defense. We could not prove the three men were not justified in using force to fire back in the exchange of gunfire.” Police Chief Walt Monegan says, “I can tell you that the anchorage (sic) police department and district attorneys office are extremely frustrated in a case like this whenever someone is killed in our community, it is our job to try and find out who did it and was it justified and in this case we couldn’t find out neither.” Police say the statements of the three young men differed as to who on their side did the shooting. There were no other eyewitnesses or physical evidence to prove which of the three fired the shot that killed Gross-Mininall. If new evidence or witnesses come forward, .the DA’s office says they will re-consider filing charges. Meanwhile both the police and the DA’s office say their goal is to perfect self-defense laws to better hold people accountable.

Bryan, Texas

From the Bryan-College Station Eagle of August 27, 2005

‘My first reaction was, Boom! with the pistol’

Bryan man recalls how he defended himself, friend

Somewhat short of breath, Bryan resident Andy Fitts recalled Friday how he had only one choice the evening before when he watched a man repeatedly stab his good friend, then rush toward him, plunging a knife into his chest.

Fitts said he could not do what he had planned in a matter of seconds: knock the culprit on the head with a gun – the only weapon he had quick access to.

“My first reaction was, Boom! with the pistol,” Fitts said, motioning as if he was shooting while saying he was unsure how many shots he fired. Police later would say 48-year-old Amos Ybarra was shot twice in the torso.

“It’s the only choice I had,” he said.

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Albuquerque, New Mexico

From the Albuquerque Tribune of August 26, 2005

Man shot dead at Wal-Mart

A Wal-Mart employee is recovering from stab wounds while her ex-husband is dead from gunshot wounds after the couple fought inside the Southeast Heights store.

While working in the deli, Joyce Cordoba, 46, was approached by Felix Vigil around 5 p.m. Thursday, Albuquerque police spokeswoman Trish Hoffman said this morning.

The divorced couple have a history of domestic violence, Hoffman said.

Vigil, 54, jumped over the deli counter and began to stab Cordoba, Hoffman said.

Due Moore, a customer who witnessed the stabbing, pulled out a gun a shot Vigil dead, Hoffman said.

Moore, 72, had a concealed arms permit and was an unpaid volunteer with the Police Department’s cold case unit, Hoffman said.

Moore was taken into custody Thursday, questioned and released, she said.

“It looks like it will be justified,” Hoffman said.

Cordoba was taken to University of New Mexico Hospital with multiple stab wounds and is in serious but stable condition, Hoffman said.

From Albuquerque‘s KQRE.com of August 26, 2005

Wal Mart shooter likely saved life

A man attacking his ex-wife with a knife inside a southeast Albuquerque Wal Mart was shot and killed by a 72-year-old man Thursday evening.

It all happened around 5:30 p.m. at the store on San Mateo near Zuni. There was mayhem and confusion inside a southeast Albuquerque Wal Mart as employees and shoppers were sent fleeing by the sound of gunfire.

The victim in this case is 46-year old Joyce Cordova. She is in critical but stable condition at this time at UNM Hospital.

Albuquerque Police say Cordova had a long history of domestic violence with ex-husband Felix Vigil. A co-worker says Cordova was working in the deli was attacked by her ex-husband.

Vigil was shot to death by 72-year old Due Moore. Police won’t say how many shots were fired, but some witnesses tell News 13 they heard at least three shots.

Police say Moore had a concealed carry license and is a well-known volunteer with APD’s cold case unit.

“It’s probably a very good thing he (Moore) was there,” says APD Sgt. Trish Hoffman. “Ms. Cordova may not be here today if it had not been for him.”

Police say there was a valid restraining order in place against the victim’s ex-husband.

Police say Moore has been very cooperative and has not been charged with any crime

Emphasis ours.

Charleston, South Carolina

From Charleston’s The Post and Courier of August 26, 2005

Store owner takes law into his own hands

Intruder suffers shotgun wounds at business that has been frequent target of crime

Cecil and Jerry Reynolds were fed up with people breaking into their tire store.

About 4 a.m. Thursday, Jerry “did what the law allows him to do,” Charleston County Sheriff Al Cannon Jr. said.

Reynolds, 49, shot a man in the face with a 12-gauge shotgun. It happened outside Reynolds Tires when an alleged burglar drove into him with a stolen car. Charles-ton County Sheriff’s officials said.

After he was shot, driver Clayton Brown swerved the stolen black Volvo and crashed near the store. Brown, 38, was at Medical University Hospital in critical condition Thursday night.

Jerry Reynolds didn’t want to talk Thursday about what happened.

“I’m proud of him,” said his father, Cecil Reynolds, 78. “He’s a pretty levelheaded guy.”

Ninth Circuit Solicitor Ralph Hoisington told sheriff’s authorities that Reynolds will not be charged, Clark said.

Historically, South Carolina case law has upheld the use of deadly force as a defense when a person’s life, home or business is threatened.

In 2001, then-Attorney General Charlie Condon instituted a home-invasion policy that protected citizens from prosecution if they were defending themselves against intruders.

Cannon doesn’t recommend that every business owner take the law into his or her hands, but he said Reynolds had every right to protect his property.

Brown will be charged with second-degree burglary and possession of a stolen vehicle, police said.

Passenger Tajuana Ford, 25, of Charleston, faces similar charges.

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Sand Springs, Oklahoma

From Oklahoma City‘s ChannelOklahoma.com of August 25, 2005

Osage County Shooting Said To Be Self-Defense

Osage County authorities said a shooting northwest of Sand Springs that left one man dead appears to be self-defense and no charges are expected.

Investigators said Larry Cunningham was shot and killed after pulling a gun and firing a shot during an argument with men who had gone to the home of Cunningham’s girlfriend to pick up a motor home.

Undersheriff Lou Ann Brown said the argument was apparently over the sale or financing of the motor home.

The name of the man who fired the fatal shot hasn’t been released.

Houston, Texas

From Houston’s KHOU.com of August 25, 2005

Mother who blamed son not guilty of murder

A Houston mother who initially blamed her 9-year-old son for the shooting death of her boyfriend was found not guilty of murder Thursday.

Erika Lynn Ruiz, 30, later admitted she shot Jose Flores Martinez but said she did it to protect herself and her son.

Jurors apparently believed her story.

The son, now 10, calmly told jurors Monday that he saw Martinez grab his mother’s hair, force her head into a door and slam her body to the floor before she shot him last June.

He testified that his mother ran to the bedroom and grabbed a gun. Martinez followed her toward a patio door where Martinez told Ruiz to give him the gun, the boy said. When the man continued advancing, she shot him once in the head and he fell to the floor, the boy said.

He said his mother initially blamed the shooting on him when friends came to see what was wrong. But he told police the truth after spending the night in custody.

Ruiz’s attorney, Alvin Nunnery, told jurors that Ruiz was protecting her son and was “lawfully justified” in shooting Martinez.

She asked her son to take the blame “out of desperation, fear, cowardice, whatever you want to call it,” Nunnery said.

Police confirmed they had responded to several domestic calls at the house.

Ruiz, a security guard at Sharpstown High School at the time of the shooting, could have gotten up to 99 years in prison if convicted.

It’s not clear if she will face separate charges for lying about her son’s involvement in the shooting.