Tallahassee, Florida

From the Tallahassee Democrat of July 30, 2008

Crawfordville business owner defended himself from would-be robbers

Two men tried to rob the owner of a Crawfordville business earlier this week, but the owner pulled out his gun and scared the would-be robbers away.

It happened about 7:45 p.m. Saturday at Premier Motorcar Gallery, 1468 Crawfordville Highway, according to the Wakulla County Sheriff?s Office.

The owner was exiting the front door of the business carrying a small bank bag and had turned around to lock it when one of the men ran up and hit him in the head with a 2-by-6 board.

The owner fell to the ground but was able to get a handgun out of his rear waistband and point it at the robber. Another man was running toward them, but the two turned around and ran to a waiting car when they saw the owner was armed.

The car was described as brown in color, 1984-1986, four-door Chevy Caprice with a lift-kit similar to the photo to the right. The car had 22- to 24-inch chrome rims with wide white walls and an aftermarket chrome grill kit.

The first would-be robber was described as a clean-shaven black man, 18-22 years old, 6 feet, with a thin build and short hair. He had a small notch shaved into his right eyebrow. He was wearing a long-sleeved blue FUBU shirt and Paco jeans.

Only a vague description was available for the second would-be robber.
Anyone with information can call Sgt. Scott DelBeato at 926-0878.

Greers Ferry, Arkansas

From the Heber Springs Sun-Times of July 30, 2008

Burglary suspect shot while choking homeowner

Chris Hooten, 34, of Greers Ferry, is recovering from a gunshot wound to his abdomen after a scuffle around 10:15 p.m. Friday. He reportedly entered a home without permission, fought and choked the homeowner, and was shot in the process. Hooten, and James Gadberry, 26, of Greers Ferry, reportedly went to the home of Don Brown on Shaw Road earlier in the afternoon Friday and an argument ensued. “Brown was upset over how Hooten and Gadberry reportedly treated a female,” said Detective Phil Burnham with the Cleburne County Sheriff’s Department. “Brown told them both to leave and they did.”

Hooten and Gadberry returned to the Brown home just after 10 p.m. “Brown was asleep on the couch when he heard someone beating on the door. He saw the two men outside and told them to leave.”

According to authorities, Gadberry and Brown said Hooten forced his way into the home, pushing the door open. “Brown fell on top of an iron stove. He got up and the two men continued to harass him. He went back to the couch where he was sleeping and pulled out a pistol.”

Gadberry reportedly moved toward Brown and was hit on the head. “Hooten jumped on Brown and started choking him. When he felt like he was going to pass out he fired a shot, hitting Hooten in the abdomen.”

Hooten made his way outside where he passed out. “Gadberry went outside too. Hooten was taken by helicopter to the White County Medical Center in Searcy. He underwent a successful surgery.”

The two men are being charged with residential burglary and aggravated assault. “Hooten will be charged upon his release from the hospital.”

Brown is not facing any charges at this time, according to Burnham.

Port St. Lucie, Florida

From the Publication of July 30, 2008

Port St. Lucie homeowner shoots man through kitchen window

A Port St. Lucie resident shot a man trying to break into his Northeast Floresta Drive home through the kitchen window Tuesday afternoon, and the bleeding man jumped into his car and drove it into a utility pole, police said.

The injured man was later airlifted to St. Mary’s Hospital in West Palm Beach, said Port St. Lucie Police spokesman Officer Robert Vega.

Police are not identifying those involved and no charges have been filed. The condition of the man who was shot wasn’t available Tuesday night.

Curious neighbors crowded around the crime scene that was sectioned off with yellow police tape to see what the police cars were doing in their neighborhood. Those questioned did not witness anything and did not know the homeowner.

The shooting occurred around 2 p.m., when the resident, a family friend, the man’s two young daughters and niece were in the house at 242 Northeast Floresta Drive.

When the doorbell rang, the family friend went to the front door and saw a man she didn’t recognize. She alerted the resident, who was asleep in the back bedroom. After he told her he wasn’t expecting anyone, he picked up his gun from his nightstand next to his bed and went to look out the front window, Vega said.

There, the resident saw the man jump his fence leading into his backyard. He said he did not know the man, Vega said.

When the resident took the three girls to a back bedroom, he said he heard the back sliding glass door shaking violently and saw the man shaking it, investigators said. When the man tried to open the kitchen window, the resident shot him, Vega said.

Police said they have no reason to believe the man knew anyone inside the house. The resident told police he called 911 when he saw the man run.

Vega said if someone enters your home, whether it’s legal to shoot that person depends on the circumstances.

“I think certain situations would justify it,” he said. “Whether or not this is one of those cases, we don’t know.”

Police on Tuesday night were still piecing together what happened

Vega said he believes the resident really thought he was being robbed, and that he will claim self-defense in the shooting.

There was an ambulance at the crime scene, which Vega said was there to check on the resident after his traumatic situation. He said the girls were pretty shaken up, but they were OK and were speaking with a victims’ rights advocate.

F

Houston, Texas

From Click2Houston of July 29, 2008

Car Owner Shoots Suspected Thief

A car owner opened fire on a suspected thief early Tuesday, KPRC Local 2 reported.

Houston police said the car’s owner found the man sitting in his vehicle at the Gulf Pointe Apartments on Gulf Pointe Drive near Dickinson Road shortly before 4 a.m.

The car’s owner opened fire, wounding the man in the leg.

Residents said they heard at least two gunshots.

Investigators said the man was taken to Ben Taub Hospital. He is expected to survive.

The Harris County District Attorney’s Office has not said if the car’s owner will be charged.

Oral, South Dakota

From KCAU of July 29, 2008

Man Shoots Mountain Lion

A late report of a mountain lion that was treed by a rancher’s dog and shot near Oral, in far southwestern South Dakota.

The incident took place July 17 when Alan Burg was about to start his pickup and go to work.

After spotting the lion in a tree near his house, Burg shot it with a rifle.

The big cat jumped down and ran into some tall grass.

A game warden was called and dogs were used to track the mountain lion.

The wounded animal was found about 40 yards from the tree and was shot again.

Officials say shooting the cat was justified because of its nearness to the ranch house and the threat to animals and livestock on the ranch.

Midwest City, Oklahoma

From KOCO of July 17, 2008

Homeowner Guns Down MWC Burglary Suspect

Authorities said a homeowner shot and killed a burglary suspect after a confrontation in a rural Midwest City neighborhood.

Oklahoma County Sheriff’s spokesman Mark Myers said the resident told deputies he spotted a man breaking into a large shed on his property and confronted him about 2:30 p.m. Thursday. When the suspect got into his car and tried to flee, the homeowner said he stepped in front of the vehicle to prevent the man from leaving.

The homeowner said he fired one shot from a shotgun as the suspected burglar lunged toward him in his car.

Myers said the man died at the scene. The names of the victim and the shooter were not immediately released.

Allentown, Pennsylvania

From the Allentown Morning Call of July 29, 2008

Lowhill man chases ‘exterminators’ with knife, gun

A 78-year-old man used a kitchen knife and a shotgun to chase three men posing as exterminators from his Lowhill Township home, according to police.

State police at Fogelsville issued a news release urging anyone with information to contact their station at 610-395-1438.

The incident happened between 6 and 7 p.m. Friday at a home on Route 100.

State police gave the following account in a news release:

A man who was 40 to 50 years old, about 5 feet 6 inches tall and 190 pounds with a heavy build and brown hair parted on the side entered the home through an unlocked front door. Upon entering, he advised the 78-year-old male resident he would do a free home extermination.

During the conversation, the homeowner noticed two other men rummaging through his residence. Both were between 25 and 27 years old, about 6 feet tall, 180 pounds and had thin builds and dirty blond hair parted on the side.

When the homeowner ordered them to leave his house, a fight broke out. While the homeowner struggled with one of the younger males, the older male restrained the homeowner. But the homeowner broke free, grabbed a kitchen knife and ordered all three men out of his house.

The older male tried to regain entry. But by then, the homeowner had a shotgun in hand.

The three men fled in a green van south on Route 100. They managed to steal about $10 in coins.

Hancock County, Mississippi

From the Sun Herald of July 29, 2008

84-year-old man wounds intruder

An 84-year-old man, who repeatedly held off an alleged intruder Sunday when the man tried to break into his home, finally got a gun in desperation and shot through a door, wounding the intruder in the leg.

At the time, the elderly resident was at home with his 74-year-old wife about 5 a.m. at their residence in the area of Adams Street in Bayside Park. Hancock County Sheriff’s Investigator Andre Fizer said the couple heard a disturbance as a man tried to break through the front door and also tried to enter through a back door and a rear window of the residence.

The resident called 911 and reported that the intruder was trying to force his way into the home, and was threatening to kill him. He held himself against the door to keep the man from entering.

“The victim stated that when he became physically tired from holding the door, he became fearful for his and his wife’s lives,” Fizer said.

As he grew weaker trying to hold off the intruder, the resident asked his wife to bring his .45-caliber Colt handgun. He fired one shot through a lower panel of the door.

“He was getting tired,” said Fizer, who listened to a tape of the 911 call during the ensuing investigation. “He said, ‘I knew the guy was going to eventually overcome me.’

Although meant as a warning shot, the round struck 20-year-old Wade Ledesma of Bay St. Louis in the lower left leg. He was initially taken by American Medical Response to Memorial Hospital at Gulfport, then was transferred to University Hospital in Jackson. Ledesma was listed in fair condition Monday, Fizer said.

Deputies declined to release the name of the homeowner, saying the couple feared recrimination. Based on evidence and the 911 tape, no charges were filed against him.

From hearing the tape, “You could tell he was devastated,” Fizer said. “You could tell he was scared.”

It was not clear whether Ledesma knew his alleged victims. Pending his release from hospitalization, he faces charges of attempted burglary, malicious mischief, and disturbance of a family, Fizer said.

Deputies investigating the case included Fizer, Lt. Stacy Wilson, Sgt. Gary Dyess and Matt Schmidlin.

Tacoma, Washington

From July 22, 2008 KING channel 5:

Diners at Pacific Grill, an upscale downtown Tacoma restaurant, were confronted by a man who was dining alone Monday evening.

According to Tacoma Police, the man sat down and ordered beer, then got up, went into a private dining area and demanded money from the diners.

He told them this was a robbery and demanded their wallets.

“He comes in the room and says, ‘I want your wallet and your cash’,” recalled Dr. Charles Weatherbee who was seated with fellow doctors and drug reps.

…

One of the doctors, who had been at target practice earlier, pulled out his gun and ordered the suspect out, saying, “Get out of the restaurant now!”

The suspect left and was greeted by police officers outside.

Tacoma Police spokesperson Mark Fulghum says the armed doctor acted within the law, defending himself and others during a crime.

The suspect is now undergoing a mental evaluation. He faces one robbery charge and several attempted robbery charges.

Houston, Texas

From KHOU of July 21, 2008

Bouncer at Sugar’s strip club shoots, kills knife-wielding customer

Houston police on Monday were questioning the bouncer of a strip club who claims he was forced to shoot a customer over the weekend.

It happened at the Sugars club off the Gulf Freeway at Dixie Farm Road.

The customer was apparently drunk and angry about being told to leave the establishment.

Witnesses said he got a knife from his car and started slashing tires.

When the bouncer tried to stop him, the customer allegedly lunged at him with the knife.

That?s when the bouncer pulled out his weapon and opened fire.

The man died at the hospital.

Officials said no charges are expected to be filed.

Juneau, Alaska

From KTUU of July 24, 2008

Juneau man shoots bear who enters home

A Juneau man shot and injured a bear who he says had entered his residence.

Local olice haven’t identified him.

They say the man shot the bear in the face with a .45 semiautomatic handgun.

Officers have been unable to locate the injured bear.

Sergeant Chris Burke says the man reported being woken up by a noise in his residence.

The man told authorities that when he got out of bed the bear was about four feet into the home.

The bear turned and ran back toward the porch.

When the man yelled at the bear to encourage it to leave, the bear turned around and lunged and that’s when the man shot it.

Sergeant Burke says officers tracked a blood trail for the bear, but haven’t found it.

Mercedes, Texas

From The Monitor of July 21, 2008

Sheriff: Immigrant shot burglar teen

An illegal immigrant tasked with guarding a convenience store shot and killed a teenager who attempted to burglarize it, Hidalgo County Sheriff Lupe Trevi?o said Monday.

Silvestre Delgadillo, 28, remained on the run and authorities had “no idea” whether he fled to Mexico, Trevi?o said.

Delgadillo, who was convicted in 2005 on a felony drug charge, has been charged with unlawful possession of a firearm by a felon, a third-degree felony.

But the actual homicide is complicated by Texas’ castle law, which allows people to use lethal force to defend themselves and their property.

Delgadillo is accused of shooting Roberto Garcia, 17, late Friday night.

“He is there to protect his residence – protect the business – under the direction of the owner,” Trevi?o said.

He said he will submit the case to the District Attorney’s office, which will then present it to a grand jury. The grand jury will determine whether to charge Delgadillo in connection with the homicide.

Delgadillo, who was deported after being released from prison earlier this year, could also be charged with a felony for illegally re-entering the country.

The shooting occurred late Friday or early Saturday, Trevi?o said, when Garcia and Ramiro Garza and Eloy Santana, both 17, tried to burglarize Valeria’s Drive Thru convenience store by breaking through its roof.

Delgadillo was living inside the business, though, and had been told by store owner Olivia Lopez, 34, to guard it with a gun she provided, Trevi?o said. Delgadillo shot Garcia during the burglary, hitting him in the lung and artery, Trevi?o said. The wound killed Garcia within minutes.

Lopez, the storeowner, will be charged with failure to report a felony because she was not candid with police about the shooting, Trevi?o said. A grand jury would also have to decide whether she could face any sort of homicide charges.

“Ms. Lopez gave a convicted felon a firearm,” Trevi?o said. “That’s against the law. She lied to us from the onset of the investigation. That’s against the law.”

Garcia’s accomplices will also be charged with burglary, Trevi?o said.

**Note**
While there were illegal actions that led up to this defensive gun use, the defense itself was by all appearances justified, hence our use of it here on the blog.

Barstow, California

From the Desert Dispatch of July 22, 2008

DA declines charges in fatal Marine shooting

The San Bernardino County District Attorney?s Office elected not to file charges against Issa Wajeel, 50, the Barstow man who was arrested Friday on suspicion of murder in connection with the shooting death of a Camp Pendleton Marine.

Michael Fermin, supervising deputy district attorney at the Barstow courthouse, said he received the Barstow Police Department report in the case late in the day on Monday. After reviewing the file with Gary Roth, chief deputy district attorney for the Desert-Mountain region of the San Bernardino County District Attorney?s Office, they came to the conclusion Tuesday afternoon that Wajeel acted in self-defense when he shot 20-year-old Michael Firkins, Fermin said.

He would not comment on the evidence that led them to that conclusion.

Police found Firkins with a gunshot wound to the head in a truck parked in front of Wajeel?s house on July 3. He died in the hospital on July 6, and Wajeel was arrested Friday on suspicion of murder. Wajeel, who was in his yard with a gun when police arrived, told investigators that he had confronted a man who may have been trying to break into his house.

Wajeel, a retired Army sergeant first class, worked as a contractor at Fort Irwin and taught administration of justice classes part time at Barstow Community College.

Fermin said the fact that Wajeel was a respected figure in the community did not play into his decision not to file charges.

?We base it on the facts of the law, the facts of what happened and the law that applies in that situation,? he said. ?… Sometimes that decision-making process may not be a popular one, but it?s one we believe to be right under the eye of the law and the facts that are available.?

The investigation is still open, and the District Attorney?s Office could elect to file charges in the future if new evidence surfaces, he said.

As of 6 p.m. Tuesday, West Valley Detention Center still listed Wajeel as an inmate.

Pulaski County, Kentucky

From WTVQ of July 24, 2008

Man Shot & Killed in Self-Defense

Police have not filed any charges against a Pulaski County man who they say shot and killed someone in self-defense.

Last night, officers were called to a home on West Highway, in Science Hill, to investigate a shooting.

They say three people, one armed with wooden club, went to the home to start a fight — which they did.

After a short time, police say the homeowner, Joshua Pyles, got a shotgun and asked the suspects to leave his home and property.

They refused and continued to make threats, so Pyles fired one shot.

One of the suspects, 34-year-old Jim Goff, was hit.

He was pronounced dead at the scene.

The two other suspects, Heather Goff, 29, wife of the deceased, and John Strunk, 46, Heaton Ford Road Science Hill, KY were both arrested at the scene and charged with assault 2nd degree.

Pyles has not yet been charged in the shooting.

The preliminary investigation indicates that Pyles was acting in self-defense in protecting himself and his family.

The results of the investigation will be presented to the Pulaski County Grand Jury.

Ocala, Florida

From the Star-Banner of July 23, 2008

Home invasion suspect shot, killed by resident; four others arrested

One of two men who forced their way into a Williston-area home early Wednesday was shot to death by one of the home?s occupants, a shooting that authorities described as self-defense.

The second suspected intruder, along with three alleged accomplices, are in jail after an investigation by Marion County sheriff?s deputies of the attempted home invasion robbery.

Investigators said the home invasion occurred about 2:30 a.m. at the home Roger Dan Garrison, 49, in the 19000 block of Northwest County Road 335.

Two of the suspects, Jonathan Gaal, 19, of Ocala, and Brian Bond, 19, of Summerfield, forced their way inside as three alleged accomplices awaited nearby in a car. According to sheriff?s investigators, Garrison?s brother, Martin Randy Garrison, 54, was asleep on a couch in the living room and had a .25-caliber handgun under the couch. When Gaal pointed a handgun at Martin Garrison, the older man fired three shots at Gaal at point-blank range.

Gaal ran out of the home, but collapsed and died in the front yard.

?I thought it was all a bad dream,? said Roger Garrison later Wednesday, as he cleaned up the house. ?I didn?t know what their intentions were. It was scary.?

He said he first realized something was amiss when he heard his dog barking. ?We have an American bulldog that stays in the house,? Garrison said. ?When Gus barks, somebody is here.?

Garrison went into his living room and saw two men dressed in black with their faces covered, according to the Sheriff?s Office report.

He said he was told to get down on the floor by one of the robbers. At that point, he heard gunshots.

?Boom, boom, boom,? Roger Garrison remembered. ?Then I see them running out the back door, and I ran and locked it. I didn?t know if my brother was shot or if they were.

?My brother is still real upset about it. We?ve never been through anything like that before. Robberies are something you hear about, but you never want to go through one. I know that now.?

When deputies arrived, they found Gaal in the yard of the residence with a gun in his hand. Sheriff?s spokeswoman Jennifer Fisher said that Garrison is not facing any immediate charges because he acted in self-defense.

Fisher said that investigators recovered Gaal?s cell phone and answered it when calls came in. That led investigators to the four suspects, who Fisher said cooperated with investigators and gave statements.

?They came in believing that they were just part of a burglary,? Fisher said. ?They had no idea about the homicide or that Gaal had died.?

Gaal was the nephew of Jackie Bellomy Jr., 48, of Williston, who investigators believe helped Gaal and Bond get into the home. Wednesday afternoon, sheriff?s officials arrested Bellomy Jr., Bond, Albert Rodriguez, 21, of Belleview, and Richard Bellomy, 24, of Williston, another nephew, for second-degree murder and armed home invasion.

?After hours of questioning all persons involved, detectives were able to piece together a tangled plot to rob the residence in Williston,? Fisher said in a news release. ?The Florida State Statute states any person involved in a felony that results in a death can be charged with felony murder.?

Gaal, who lived at 5071 S.E. 70th Loop in Ocala, was released from the Marion County Jail on July 9, after serving about a six-month term for marijuana possession with the intent to sell and for violating his probation from an earlier battery arrest.

The other four suspects were taken to the Marion County Jail.