Archive for June, 2008

Virginia Beach, Virginia

From WVEC of June 29, 2008

Police: Beach pizza parlor worker kills would-be robber

Police say an attempted robbery at pizza parlor ended when a store employee shot and killed the alleged thief.

Workers at Dominick’s Pizza and Pasta in the Timber Lake shopping center on Holland Road tell 13News a masked man came in through a back entrance, brandishing a gun and demanding cash.

Police say the shooting happened around 10pm Saturday.

According to employees, a worker opened the safe, taking a loaded revolver out instead of money.

The worker reportedly returned to where the alleged thief was and opened fire.

Police say workers called 9-1-1 at 10:08.

By the time officers arrived the masked man was already dead.

Police have not identified the suspect, and have not said if any charges will be filed against the employee.

Moody County, South Dakota

From the Moody County Enterprise of June 25, 2008

No charges filed in shooting case

The decision has been made by the Moody County State?s Attorney not to file charges against Matthew Heinricy in connection with the death of Jason Clough on May 25, 2008 outside a rural Colman Residence.

The facts of the case indicate a justifiable homicide as defined by State law, SDCL 22-16-34. The Moody County Grand Jury has also investigated the case and taken testimony and has decided not to issue any indictments in connection with the incident.

Jason Clough had attempted unsuccessfully to force his way into the Heinricy home on May 25. From outside the house, he fired his shotgun twice at a door, once through the kitchen window at occupants of the house and had raised his shotgun at another window when Heinricy fired back from inside the house, killing Clough instantly.

State law provides that homicide is justifiable if committed while resisting an attempt to commit murder, or, in other words, in defending oneself, or, when necessary to save his own life or others? lives, or avoid great bodily harm when attacked in his own home.

South Huntingdon, Pennsylvania

From the Pittsburg Tribune-Review of June 27, 2008

Game Commission deems a black bear shooting justified

A South Huntingdon man was within his legal rights when he shot a black bear on his property Tuesday evening, according to a representative of the state Game Commission.

Rod Ansell, a wildlife conservation officer with the commission’s southwest region office, said Thursday that the shooting in the Turkeytown area was justified.

The bear was trying to get to a deer the man keeps penned on his property, Ansell said. The shooter’s name was not released.

Bears have been spotted in Jeannette, Hempfield, North Huntingdon and other areas this spring and summer, Ansell said.

He said the commission and area police departments advise people who see a bear on or near their property to make sure their garbage cans are tightly closed, to take in their pets’ food bowls and to remove bird feeders.

“And the bear will go on about its business,” Ansell said.

The bear sightings tend to be of young males who have been kicked out by their mothers and who are trying to establish their own territory.

Their noses, and sense of smell, “are exceptional,” Ansell said.

Anyone spotting a bear should report it to the game commission, he said.

But unless a bear becomes a problem and causes damage, he said, setting a trap may not be beneficial because it’s difficult to predict its return.

“It’s like hunting a needle in a haystack ,” he said.

“Lots of times people really like the bears,” he added.

Ansell said he received several calls about the shooting, and some people were concerned about a sow and cub also reported to be in the area.

“That gentleman called me right away,” Ansell said of the property owner. “He did it (shooting) very reluctantly.”

“If he had been in violation, I’d have issued him a citation,” Ansell said.

The commission took custody of the bear, as is mandatory in cases of property protection, he said.

St. Paul, Minnesota

From the Star Tribune of June 27, 2008

Shot-at meth addict is sentenced for St. Paul burglary

As he stood awaiting sentencing Friday in Ramsey County District Court, Michael G. Spencer had become more than just a methamphetamine addict convicted of burglary.

District Judge Michael Monahan told Spencer that he now was a poster boy for this week’s U.S. Supreme Court ruling saying Americans had a right to own guns for self-defense.

Spencer, who was sentenced to 34 months in prison, was arrested in April after he broke into a St. Paul home but then was subdued by a homeowner armed with a gun. The homeowner fired at him, and, although the bullet missed, Spencer, 31, feigned unconsciousness until police arrived, court records show.

His attorney told the judge that Spencer had been a drug user for 14 years and that he was hopeful he could get treatment to turn his life around.

Said Spencer of the incident, “I’m sorry … I really don’t know what happened.”

San Bernardino, California

From the Press-Enterprise of June 26, 2008

Homeowner justified in shooting drunken man, S.B. County district attorney’s office finds

A 53-year-old San Bernardino homeowner, fearful that he was dealing with a dangerous burglar, was legally justified in killing a drunken man during a 3 a.m. confrontation on the homeowner’s front walkway, prosecutors said Thursday.

The finding of justifiable homicide means that no criminal charges will be filed against Brad Nielsen for the June 15 slaying of Joshua Munoz, 23, in the Devil Canyon area of northwest San Bernardino.

Munoz died of a single gunshot wound to the chest. Nielsen wasn’t arrested.

“He believed that someone was trying to break into his house,” San Bernardino County Supervising Deputy District Attorney Rick Young said. “When he saw (Munoz) near his vehicle, he was justified in confronting him.

“Possibly due to his intoxication, the deceased did not respond in a manner to de-escalate the situation but, instead, began approaching the homeowner who — at gunpoint — told him several times to stop.”

Nielsen feared for his safety and the safety of his wife and child, he told police.

“He felt that if he let the subject get any closer, they would be in a fight for the gun,” Young said by phone. “This tragic homicide was legally justified in self-defense and the defense of others.”

Munoz had been drinking and had passed out in his Honda Civic that night, investigators have said.

The car was parked in front of his girlfriend’s home and across the street from Nielsen’s two-story home in the 6400 block of North Ventura Avenue.

Efforts to reach Nielsen and Munoz’s girlfriend and aunt on Thursday were unsuccessful.

“He was a kid who drank too much and walked into the wrong yard,” Cindy Ledbetter, the mother of Munoz’s girlfriend, said earlier. “The whole thing is senseless.”

Nielsen was awakened by noises, armed himself with a pistol and walked outside to investigate, police have said.

It remains unclear why Munoz was on Nielsen’s property.

“He probably got disoriented and thought he was going into his girlfriend’s house,” Young Said. “It’s a tragedy.”

Portland, Oregon

From KATU of June 27, 2008

Portland homeowner shoots suspected prowlers

Police say a man claiming to be protecting his property shot two people Thursday night in northeast Portland.

The incident began about 10:30 p.m. when the police said a homeowner claimed he heard someone trying to break into his RV, which was parked at his home near the 1400 block of Northeast Marine Drive.

When police arrived they said the homeowner had apparently shot the suspected prowlers with a shotgun, hitting a man in the hand. The suspect was not seriously hurt but had some shotgun pellets lodged in his hand. He was transported to the hospital.

A woman with the man was treated at the hospital but the nature of her wounds was not specified. Both were treated, released and arrested.

Delisa Petersen, 21, and Gary Miller, 37, were charged with one count of unauthorized use of a motor vehicle. The man who shot them was not charged.

According to police, the homeowner fired one round into the air as he attempted to stop the suspects.

The man then fired a second round at one of the suspects as they approached him in a threatening way, police said.

Cumberland, Maryland

From June 25, 2008 Your4State.com:

CUMBERLAND, MD – A man was shot during an attempted robbery at a home in Cumberland Wednesday morning.

Investigators with the Allegany County Combined Criminal Investigation Unit say there was an altercation at a home in the 300-block of Pulaski Street.

Residents heard gunshots just before 6:50 a.m.

Police say Michael Evans and Corey Adams of Petersburg, Virginia came into the house and demanded money.

Evans was shot at several times in the buttocks and leg. The two ran out of the home and drove out of the area.

When officers arrived at the home, there was one victim with non life-threatening injuries. The people witnesses gave police a description of the suspects and their vehicle.

Officers stopped the suspects on Interstate 68 and Evans was taken to Cumberland Memorial Hospital. He was later taken to Baltimore Shock Trauma for more treatment.

Evans and Adams face several charges of armed robbery, assault and theft.

Norene Community, Tennessee

From the Wilson Post of June 19, 2008

Three nabbed after manhunt

Three people are in custody after an all-day manhunt after an attempted home burglary on Sherrilltown Road in the Norene Community, south-southeast of Lebanon, on Thursday.

Wilson County Sheriff Terry Ashe said the incident began around 7 a.m. yesterday when a home on Sherrilltown Road was allegedly broken into. Alan Ricketts, brother of the man who owns the home, and their father, heard the break-in and ran and confronted the three suspects as they were leaving the residence. Ricketts and their father reside nearby.

Ashe said the three suspects tried to run over Ricketts and his father in their truck. Ricketts and his father then began shooting at the three. The gunshots damaged the truck which ended up in a ditch. The three suspects escaped on foot.

The three suspects have been identified as Timmy Dewayne Tomlinson Jr., 22, of Holloway Circle, Lebanon; Jeffery Craddock, 26, of Trousdale Ferry Pike, Lebanon; and Shanna Seibers, 29, of 441 Grant Highway, Gordonsville.

Tomlinson was found and arrested after about three hours, and Craddock was arrested about one hour later, he said.

By coincidence, officers with the Wilson County Sheriff?s Department were in the area assisting in Operation Falcon, a joint group including the U.S. Marshal?s Office, the Tennessee Highway Patrol and other law enforcement agencies that works together to find fugitives from justice.

The U.S. Marshal?s Office and THP officers assisted the Sheriff?s Department in searing for the three people. Ashe noted also that Officer Derrick Way with the Mt. Juliet Police Department and his dog assisted in the search, as well.

THP used its helicopter and reportedly located the three suspects in different locations as officers on the ground worked to get to them and place them under arrest.

?(They) opened fire on them,? Ashe said of Ricketts and his father, adding neither one of them broke any laws.

?I believe in the Second Amendment,? Ashe said, adding he believes homeowners have a right to defend their lives and homes.

The sheriff praised the actions of Ricketts and his father, noting they fired their weapons only to disable the truck the suspects were in and not to hurt them.

?We?re formulating charges,” Ashe said, against the three suspects, adding ?there will be multiple charges.?

There were no injuries reported as a result of the incident, although one of the suspects was complaining of a sore wrist which Ashe said would be looked at by medical personnel.

McCreary County, Kentucky

From the Lexington Herald-Leader of June 22, 2008

McCreary man shoots intruder, police say

Kentucky State Police are investigating a shooting in McCreary County that happened after a 19-year-old Pine Knot man awoke to being assaulted.

Charles Murphy told police that about 6 a.m. Sunday he woke up to an attack by Rusty L. Hayes, 20, who had entered Murphy’s home on Ky. 1651.

Murphy retrieved a handgun and shot at Hayes, hitting him twice, police said. Hayes was taken to the University of Tennessee Medical Center in Knoxville for treatment.

No charges have been filed pending completion of the investigation.

Fulton County, Georgia

From the Atlanta Journal Constitution of June 22, 2008

Homeowner wounds would-be burglar

Fulton County police said they will consult with the district attorneys office before deciding on whether to charge a homeowner who shot and wounded a teenager charged with breaking into his townhouse Saturday evening.

“We’re still looking into the homeowner,” Fulton County police spokesman Scott McBride said Sunday. “We don’t know if charges will be filed. [Investigators] have to talk with the [Fulton County] district attorney’s office about that.”

The homeowner, identified as Desonte Lindsey, 28, shot and wounded a teen breaking into his townhouse in the 6200 block of Flat Trace, near Union City, police said.

“The guy hears the front doorbell ring” just before 6 p.m., McBride said. “When he goes down to answer it, a 16-year-old kicks in his back door.”

The man got a gun and fired twice at the teen, hitting him once in the arm, McBride said. The youth ran, and the man chased him into a nearby wooded area and lost him. Lindsey told police it was the second time this month his home had been broken into.

The teen was arrested after calling 911 to report he’d been shot, McBride said. He is charged with burglary and criminal trespass, McBride said. The teen underwent surgery at Southern Regional Medical Center on Saturday to remove a bullet from his arm.

Greenville, North Carolina

From June 17, 2008 WITN channel 7:

A pizza delivery driver fought back at a group of suspects who tried to rob him, pulling out a gun and wounding one of them.

Greenville Police say the incident happened early Monday morning at 1105 A Masters Lane when the Chanellos Pizza driver said three suspects began hitting him as he was delivering the pizzas. Police say the delivery driver then pulled out a gun and began to fire. One of the three robbery suspects was struck. Elvis Deans Junior, a 17 year-old student at South Central High School, is listed in stable but critical condition. He’ll be charged with Common Law Robbery and Assault Inflicting Serious Injury.

Police also arrested 18 year-old Thomas James, 18 year-old Sunil Persaud, and 17 year old Kevin Haynie all of Greenville. They are charged with common law robbery. Police also say they charged a 14 year old who they say planned the crime.

The pizza delivery driver was taken to the hospital and was treated and released.

Jeffersonville, Indiana

From WAVE3 of June 17, 2008

Road rage shooting being called self-defense

Police are calling it a case of violent road rage after a man is shot at a Jeffersonville, Indiana intersection. WAVE 3’s Scott Harvey reports on the incident that happened at the corner of Allison Lane and 10th Street around 3 p.m. Tuesday.

It is a case of road rage with a twist. Detectives working the case tell us the shooter hasn’t been charged, because it appears to be a case of self defense.

It’s not the sort of thing you normally see on your commute home from work.

“People were standing in the parking lot. Nobody was doing anything, but talking on cell phones, so I told my girlfriend I was going to walk over and see what was going on,” said Robert Bagshaw. “As I got closer the guy was talking about he’d been shot.”

Investigators say it started as an altercation between a man riding a motorcycle and a woman driving a SUV behind him.

“He said they came flying up on him when he was getting ready to turn,” said Bagshaw. “So he slowed down on his turn, next thing you know they rolled up a little bit more. They had a few words. He jumped off his bike.”

“She never got out of the vehicle and that is where the shooting occurred,” said Det. Todd Hollis with the Jeffersonville Police Department.

Bagshaw says the man had a single gunshot to the chest. He waited with the motorcycle rider until EMS arrived. He told us the man kept talking about the argument at the car.

“Supposedly she thought he had spit at her, but he said his false teeth fell out, so she shot him,” explained Bagshaw. “So, I mean, there may be a little more to it than what the other guy is saying of course.”

And investigators say there is. No charges have been filed against the woman, because police say at this point it appears to be self-defense.

“Exactly what he said or what his actions were, how threatening they were, will be determined through the investigation,” said Det. Hollis.

Det. Hollis told us the woman was completely cooperative. So much so she called 911 from the scene. Police say she does have a permit to carry the snub-nosed .38 caliber revolver used in the shooting.

“It does belong to her,” said Det. Hollis. “We ran a check on it to make sure it’s wasn’t stolen. She does carry it in the car for her protection. She told us that.”

Regardless, Det. Hollis says this should be a lesson on how not to deal with road rage.

“If someone cuts you off or if someone acts aggressive on the road, the best thing to do is get away from it,” said Det. Hollis. “If they are acting aggressive to a point to where they are dangerous, call police.”

The man was taken to University Hospital in Louisville and at last check was in surgery. His condition is unknown at this time.

Police say they will continue to investigate, but ultimately the Clark County Prosecutor’s Office will have the final say if charges will be filed.

Pittsburgh, Pennsylvania

From the Pittsburgh Channel of June 16, 2008

Female Intruder Shot After Stabbing Spring Hill Woman

Police are investigating reports that a female intruder was shot in the hand after entering a house in Pittsburgh’s Spring Hill section.

According to police, a woman entered a home in the 100 block of Rhine Place, spraying another woman with Mace before stabbing her, according to a witness.

The boyfriend of the victim grabbed a gun and shot the intruder in the hand, police said.

At this time, no other information is available.

Fort Wayne, Indiana

From the News Sentinel of June 16, 2008

Man shoots dog that ran out of house at him

Jose Aquila said his pit bull was just trying to protect his 2-year-old when she was shot and killed about 7:40 p.m. Monday.

Aquila said the 6-year-old pit bull, Sapphire, charged out of his house at 4445 Schmucker Drive and began barking at a man who was holding Jose Jr.’s hand to keep him from running into the street. The man, who has a permit to carry a concealed pistol, fired twice from close range, striking Sapphire in the neck and spine and grazing his own toe, according to Aquila.

?She never bit him. She was just kind of warning him to get away,? Aquila said. ?She seen a stranger grabbing my son.?

Aquila said before the shooting the man came to his backyard to ask if he owned a missing pit bull roaming the neighborhood. Aquila, who said he was holding Sapphire on a leash with Jose Jr. nearby at the time, said he didn’t own the dog, and the man then inquired about the approximately one-month-old puppies Sapphire had.

While Aquila put Sapphire inside the house, Jose Jr. ran in front of the house. Aquila said Sapphire then ran out the front door. Seconds later he heard two shots.

The man told Fort Wayne Police he backpedaled as the dog came charging out of the home, but he fell on his back and the dog started coming for his feet. ?I knew (it was going) to bite me, so I pulled out my pistol and shot it twice,? the man said in the report.

Aquila said Sapphire had never bitten anyone and was not normally an aggressive dog. Aquila said police told him the man – whom The News-Sentinel could not reach for comment – will not be charged because he had a right to defend himself. The police report confirmed the man would not be charged.

Anchorage, Alaska

From KTUU of June 15, 2008

Galena man shoots bear

A power plant supervisor in the city of Galena is credited with saving the lives of his neighbors as they were under attack by a bear.

Howard Beasley says the large male black bear had recently been in the area feasting on moose calves. When those ran out it started coming in closer to homes.

Beasley stepped in to help in the middle of the night after a neighbor – Chris Kriska and his little sister, couldn’t shoo the aggressive bear away.

The Galena Police Chief John Millan says the Kiska’s dog, Scooby, distracted the bear until help arrived.

Beasley says after he showed up the bear charged out of the woods hunched low, snarling and clearly was not ready to back down.

So with a single shot, he killed it.

“People came out and shook my hand, said it was the first good night of sleep they’d had in a long time,” Beasley said. “People were having nightmares. I had no idea it had such a big impact on people.”

Millan calls the shooting clearly justified.