Archive for November, 2006

Pensacola, Florida

From the Pensacola News Journal of November 30, 2006

Shooting could be self-defense

Man’s death may not result in charges under ‘Stand Your Ground’ laws

An assistant state attorney said it appears the shooting death of a 47-year-old Pensacola man in a home off Langley Avenue may have been justified in self-defense.

No charges have been filed in Tuesday’s incident. Marilyn Caraway, 53, called 911 shortly after 6:30 a.m. and told Escambia County sheriff’s deputies she shot her ex-boyfriend, Johnny Ray Clark, in self-defense.

Assistant State Attorney Greg Marcille said his office will make the final determination whether the shooting was justified once the Sheriff’s Office investigation is complete.

“It is then that charges, if any, will be filed,” Marcille said. “At this point, it appears the shooting will be justifiable.”

Sgt. Mike Ward, Sheriff’s Office spokesman, said investigators are looking into whether the shooting happened in self- defense.

“It’s probably going to be a while before we know,” Ward said.

When deputies arrived at Caraway’s residence in the 6300 block of Langley Place, they found Clark on the back screened-in porch, shot once in the chest with a high-caliber handgun.

He was pronounced dead at the scene.

Ward said once Sheriff’s Office investigators complete their investigation it will be reviewed by the State Attorney’s Office.

If it is proved that Caraway was acting in self-defense, she likely will be protected under Florida’s Stand Your Ground laws, which allow the use of deadly force to defend against forcible unlawful entry or attack.

These laws eliminate a person’s duty to retreat from an invader or assailant in certain cases before resorting to the use of deadly force.

“It appears (Caraway) was put in a position of fear,” Marcille said. “This seems to be a fairly simple case that can be handled in a fairly short period of time.”

Ward said further information on the shooting could not be released because the investigation is ongoing.

Newburgh, New York

From the Middletown Times Record of November 29, 2006

Shotgun blasts stop home invasion

An old farmhouse in a residential part of the Town of Newburgh near Orange Lake was the scene of a wild home invasion in which ski-masked intruders were turned back by shotgun blasts that ripped through walls and panicked neighbors.

Police were called to 706 Gardnertown Road Monday night around 8 p.m. in response to reports of gunfire. The owners of the house, a couple in their 20s, said at least three men, possibly Hispanic or light-skinned blacks, burst through their backdoor, pistols drawn. One gunman held the man to the ground, while the others headed upstairs, where the couple’s tenant rents a room.

The tenant grabbed a shotgun and fired several times, police said, narrowly missing his landlord. It is unknown if any of the intruders were hit.

Lt. Michael Clancy said neighbors reported seeing the intruders flee the house, firing back at its occupants. None of the home’s occupants was injured.

Lynchburg, South Carolina

From Columbia?s WIStv.com of November 29, 2006

Lynchburg man who shot father found not guilty

A Lee County man accused of shooting his father has been found not guilty.

It happened back in July at Mister C’s in Lynchburg.

Authorities say Charles Nelson, Sr. and Charles Nelson, Jr. got into a physical fight, when the son shot his dad.

Both men were taken to the hospital.

The defense argued that Nelson, Jr. shot his dad in self-defense.

Porter, Texas

From November 29, 2006 KHOU channel 11:

Montgomery County officials are searching for an armed man responsible for an aggravated robbery.

It happened at a home in the 19000 block of Laurette Drive in Porter, Texas just after midnight Wednesday.

That?s east Montgomery County.

A 61-year old victim told deputies the armed and masked man approached him outside his home at around 12:30 Wednesday morning and demanded money.

The gunman reportedly forced the victim inside his home and held him and two others at gunpoint until they gave the suspect money.

The suspect then ran away, that?s when, officials say, the homeowner shot at the suspect.

Deputies believe the suspect was shot because blood was found at the scene.

No one else was hurt.

Charlotte, North Carolina

From November 29, 2006 WSCO TV channel 9:

CHARLOTTE, N.C. — Homicide detectives are combing the scene of a deadly overnight shooting in west Charlotte.

Police say a cab driver shot and killed a man who robbed him around 3 a.m. Wednesday on Columbus Circle.

Investigators say the driver called for help over his radio, but before help arrived, the two men started fighting and the cab driver fired a shot.

The robber was pronounced dead at the scene.

Police have not said if charges will be filed.

Duquesne, Pennsylvania

From the Pittsburgh Post-Gazette of November 28, 2006

Duquesne man cleared of homicide

A resident was acquitted yesterday in a non-jury trial for the fatal shooting of his sister’s boyfriend June 11.

Lamont D. Thompson, 24, faced one charge of homicide in the death of Vernon S. Johnson, 24.

Allegheny County homicide detectives said the victim became irate while visiting his two children at the residence Mr. Thompson shared with his sister in the Duquesne Place Apartments.

Witnesses testified that Mr. Johnson grabbed the mother of his children, who was and is still pregnant with their third child, and held a .357 caliber revolver to her neck. Mr. Thompson, who had a permit for a gun, shot Mr. Johnson of Braddock.

Judge Cheryl L. Allen ruled Mr. Thompson was not guilty and said he may be released.

Miami, Florida

From the Miami Herald of November 27, 2006

Thursday not a thankful day for four men

A robber used a lighter resembling a pistol to steal a man’s wallet — only to be shot by his victim, who was armed with a gun that was real.
?

Delbert Leroy Wells, 40, the would-be robber, lingered for two weeks at Jackson Memorial Hospital before succumbing to his wounds on Thanksgiving Day.

On Nov. 8, Miami police say, Wells was driving a white Dodge when he pulled up to the car of Patrick Laguerre on Northwest 75th Street and North Miami Avenue at about 12:20 a.m. He asked for directions.

As Laguerre was responding, Wells pulled out a nickel-plated lighter made to look like a gun.

Laguerre gave him some loose dollars, ”but [Wells] wanted more,” according to a police report. Wells searched his pockets, fished through his wallet and got back into his own car.

But the wallet was empty.

Wells ”became irate, aiming the handgun at the victim, stated he was going to shoot,” the police report said.

Laguerre took cover back in his own car, grabbed his own handgun and squeezed off three to four rounds.

Mortally wounded, Wells tried driving off. He crashed into a fence. While at Jackson Memorial Hospital, he was charged with armed robbery.

But Wells died on the Thanksgiving holiday — delivering Miami homicide detectives a fresh case. Their investigation of the shooting is now under way.

”It seems the victim was defending himself,” said Miami homicide Sgt. Jose ”Pepi” Granado.

Vancouver, Washington

From Portland, Oregon?s KPTV.com of November 28, 2006

Police Investigate Home Invasion, Shooting

Authorities are searching for two men they said were involved in a shootout with a Vancouver homeowner Monday night.

Officers said the homeowner surprised two burglars inside his home on Northeast Benton Drive around 7 p.m. The homeowner told authorities that he confronted the burglars and he exchanged gunfire with the two men.

There were no injuries reported.

The men fled the scene and left in a newer model gray SUV-type vehicle, according to police.

Police said it is unknown how many shots were fired, if the two men were hit or who shot first.

Authorities are investigating a possible connection to the shooting. They said a man walked into a Portland emergency room last night with a gunshot wound.

The incident is under investigation.

Coon Rapids, Minnesota

From the Minneapolis Star-Tribune of November 28, 2006

Coon Rapids man kills home invader

A man who kicked his way into a home in Coon Rapids was shot and killed by the 73-year-old homeowner late Monday night, according to reports.

The homeowner told police that the suspect, and a perhaps a companion, kicked in his rear garage door in the 11700 block of Bittersweet Street at around 11 p.m., according to reports. The man told police he shot and killed the intruder with a rifle.

Police said the homeowner heard people talking and believes there was a second suspect who escaped. The dead man was not carrying any identification, according to police.

No other information was available.

From the St. Paul Pioneer Press of November 28, 2006

Charges unlikely for Coon Rapids man who shot apparent intruder

A 73-year-old Coon Rapids man who shot and killed an apparent intruder Monday night “appears unlikely” to face charges, a top Anoka County investigator said today.

The resident told police he was awakened to sounds of what he thought was someone breaking into his house on Bittersweet Street in Coon Rapids, sheriff’s Capt. Bob Aldrich said. He grabbed a rifle that he kept in his bedroom around the time a man in his late teens or early 20s entered the room.

“(The resident) fired a single shot, and the suspect was struck in the torso,” Aldrich said. “The suspect was able to stumble or stagger down the stairs and then collapsed near a door. And died.”

Authorities this afternoon were still trying to identify the suspected intruder, described as a man in his late teens or early 20s, Aldrich said.

The resident declined to speak with reporters when he returned home early this afternoon.

County prosecutors will make the final call on whether or not charges will be filed, but Aldrich said police released the resident without booking him.

From LaCrosse?s WKBT.com of February 16, 2007

No charges against Coon Rapids homeowner who killed intruder

Authorities say they will NOT charge a 73-year-old Coon Rapids man who shot and killed a teenage intruder in his home in November.

Gerald Whaley shot 17-year-old Anthony J. Parks with a .22-caliber rifle he kept loaded by his bed after Parks entered his home and appeared in the doorway of his bedroom.

Assistant Anoka County Attorney Bryan Lindberg wrote in a five-page letter to the sheriff’s office that he believed the state would be unable to prove that Whaley broke the law in defending his home.

Dayton, Ohio

From Dayton?s 1290WHIO.com of November 27, 2006
(Scroll down)

Clerk/Robber Have Shootout

A robber gets more than he bargained for at a Dayton convenience store. The thief walked into the Express Market on Necco Avenue last night with a gun. Instead of giving him cash, the clerk whipped out his own pistol and the two shot at each other. Officers followed a blood trial over to Kings Mill Court where they found the suspect shot in the shoulder. The clerk wasn’t hit.

From the Dayton Daily News of November 28, 2006

Store clerk involved in gunfight with would-be robber

A store clerk involved in a gunfight Monday night fired straighter than a would-be robber, leaving the man wounded and fleeing into the night.

Police said a man entered the Express Mart, 3999 Necco Ave., about 9 p.m. armed with a handgun. The clerk behind the counter pulled out a handgun of his own and both men discharged their weapons, Dayton police Sgt. Scott Lawson said.

The clerk wasn’t hit, but the robber was shot in his shoulder and ran.

He turned up a little while later at the residence of an acquaintance near Kings Mill Court, a few blocks east of the mart, and called an ambulance to treat his wound.

Police also responded to the call and quickly realized the wounded man was their suspect because he matched the description of the robber ? right down to his choice of clothing.

After treatment for the non life-threatening injury at a hospital, the suspect was taken to the Montgomery County Jail, Lawson said.

Kansas City, Missouri

From Kansas City?s TheKansasCityChannel.com of November 27, 2006

1 Shot To Death At South KC Home

A man was shot to death Monday evening in south Kansas City, officials said.

Police were called to a home at East 118th Place and Food Lane shortly before 5 p.m. When officers arrived, the homeowner told police he had shot and killed an intruder. The homeowner said he didn’t know the man.

The homeowner was taken in for questioning, which is routine in a shooting investigation.

No names were released.

Hillsborough County, Florida

From TampaBay.com of November 27, 2006

Resident shoots intruder

A Hillsborough County man shot and critically injured an intruder in his home early Monday morning.

A couple who lives at 286 W. State Road 60 found the intruder at around 1 a.m. when they returned home after being out of town for a few a days, according to a report from the Hillsborough County Sheriff’s Office. As the woman was calling 911, the man fired a shot at the intruder.

The intruder was taken to Lakeland Regional Medical Center where he was listed in critical condition.

The names of those involved were not being released.

From the November 29, 2006 Lakeland, Florida Ledger:

A Plant City man shot an intruder who slipped into his family’s home as they unpacked from a trip, according to the Hillsborough County Sheriff’s Office.

John Kilgore, 57, his wife, Cynthia, 43, and their two sons, 14 and 16, returned to their home at 286 W State Road 60 about 1 a.m. Monday after several days away, deputies say.

The home is protected by a gate and a sign for a security dog, but the family left a door unlocked as they brought in luggage, and a 23-year-old burglar walked inside, said sheriff’s spokeswoman Debbie Carter.

As Mrs. Kilgore called 911, her husband shot the burglar, firing once and hitting him in the torso, Carter said.

Emergency crews took the intruder to Lakeland Regional Medical Center, where he was listed in critical condition Monday afternoon, Carter said. Deputies did not release the man’s name.

From the St. Petersburg Times of January 5, 2007

Intruder dies; no charges in home invasion shooting

An intruder shot by a Plant City homeowner has died of his injuries, according to the Hillsborough County Sheriff’s Office.

Noe Alvarez-Ramirez, 20, was shot Nov. 27 by John Kilgore, 57, deputies say. Alvarez-Ramirez died of his injuries Dec. 31 at Lakeland Regional Medical Center.

Detectives have no plan to file charges against Kilgore.

Alvarez-Ramirez broke into the Kilgore’s home near Plant City, and Kilgore’s wife, Cynthia, 43, found the intruder in the couple’s bedroom, deputies say. Cynthia Kilgore took the couple’s two sons, 14 and 16, into another bedroom, and her husband shot Alvarez-Ramirez.

The ability to use deadly force to protect a home stems from a common-law principle known as the “castle doctrine,” which allows such force if people are attacked in their homes or cars.

Spring Valley, California

From November 27, 2006 San Diego channel 10:

SAN DIEGO — A man who shot and wounded one of three suspects who allegedly tried to rob him Sunday at his home in his Spring Valley will not face criminal charges, according to the sheriff’s department.

A homeowner in the 9300 block of Hollyhock Road called 911 at 12:11 p.m. to report that three suspects just tried to steal his air conditioner and money, according to the San Diego County Sheriff’s Department.

The homeowner said he shot one of the suspects, later identified as 21-year-old Jose Colmenero, with a a rifle, said Sgt. Rose Kurupas.

A sheriff’s deputy saw the suspects’ vehicle at Ildica Street and Sweetwater Road in Spring Valley, Kurupas said.

Steve Aguilar, 22, Vincente Colmenero, 20, and Jose Colmenero, 21, were arrested on suspicion of burglary and attempted robbery, Kurupas said.

Jose Colmenero was take to a hospital with a gunshot wound to the abdomen and is expected to survive, Kurupas said.

Fort Wayne, Indiana

From the November 26, 2006 Fort Wayne Journal Gazette:

A Fort Wayne man was able to escape a would-be robber early Thursday but did not escape without injury.

According to a Fort Wayne police report, the man was arriving home on East Rudisill Boulevard about midnight when he was approached by another man on a mountain bike.

According to police, the man got out of his car and was walking to his house when the man on the bike showed him a knife and demanded his money.

The man punched the robber, knocking him to the ground, police said.

The man then went into his house and brought out his handgun, but the robber was already leaving the area on his bicycle, police said.

The man then realized that he had been stabbed in the left hand, police said.

This is a little marginal; the knowledge that he had a gun in the house may have made him more willing to fight back, and the robber was perhaps “already leaving the area on his bicycle” because he figured the chances were high that the victim wasn’t headed into the house to get him a sandwich.

Atlanta, Georgia

From Atlanta?s WSBtv.com of November 27, 2006

Police: Pizza Deliveryman Shoots, Kills Robber

Police are investigating a shooting in southwest Atlanta that left a 14-year old dead.

A pizza deliveryman shot and killed the teen Sunday night during an attempted robbery, according to investigators.

The deliveryman told officers a group of teens confronted him at the Huntington Pointe apartments at 2909 Campbellton Road.

He claims he gave up his cash to the robbers, but pulled a gun and opened fire when one of the teens made a threatening motion.

The teen died at the scene.

Police are searching for the other teens who tried to hold up the delivery driver.

There’s no word yet on whether the deliveryman will be charged.

From the Atlanta Journal Constitution of November 27, 2006

Pizza deliverer, friends of teen suspect try to cope with killing

Around noon Monday, about 15 teenagers, calling themselves the Young Paper Chasers, stood beneath a tree and tried to wash away what was left of their friend Kenyatta Calhoun.

About two miles away at Super Crown Pizza on DeLowe Drive in southwest Atlanta, Zihaid Mahmood did not come to work. Mahmood, a pizza delivery driver, shot Kenyatta to death during an alleged robbery Sunday night, police say.

“I am not going to work today,” Mahmood said in a telephone interview. “I am so sorry about what happened. But I was protecting myself.”

On the spot where the 14-year-old died, the Young Paper Chasers poured liquor and soda on the ground to flush away the red stains.

“We couldn’t look at the blood anymore,” 17-year-old Bay Bay Green said. “Today, we are just sitting around, drinking. Thinking about Big Boi.”

The remainder of the article appears here, and it attempts to turn felons into ?victims?. Clayton reproduces much of the article here, and comments about the article and the incident.